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UNIT 01

Constitution – Meaning
The word ‘Constitution’ is developed from the word ‘Constitute’, which means ‘to frame or
to establish or to compose’. According to the Oxford English Dictionary, ‘Constitution’
means a ‘system’, according to which the laws and principles of the State is governed.
It is a set of fundamental rules according to which the government of a State. It is a
document which contains the rules and regulations guiding the administrations of a State. It
defines the relationship between the rulers and the ruled and how rulers are created in the
country.
Importance of Constitution
Today, mostly every democratic country has a constitution which is a vital document,
according to which the country carries out its operations. Constitution protects the rights of
the citizens of a concerned nation, irrespective of their religion, caste, creed, sex or physical
appearance. A constitution, thus, can be safely said to be a social contract between the
government and the people it governs. It can also be deemed as the fundamental underlying
framework of government for a nation.
In a constitutional country therefore, every person is treated equally, regardless of his office
or position and is expected to abide by higher law. For instance, the constitution of United
States, besides establishing the government’s power also cites the fundamental rights
belonging to the people who reside within its borders.
Significance of Constitution
 The primary function of a constitution is to lay out the basic structure of the
government according to which the people are to be governed. It is the constitution of
a country, which establishes the three main organs of the government, namely, the
legislature, executive and judiciary.
 The constitution of a country not only defines the powers allotted to each of the three
main organs, but it also significantly makes a clear demarcation of the
responsibilities assigned to each of them. It effectively regulates the relationship
between these organs as well as the relationship between the government and its
people.
 Since the country’s constitution stands superior to all the laws framed within the
territorial precincts of the country, any law enacted by the ruling government has to be
in conformity with the concerned constitution. As such, the citizens would, in turn,
be abiding by not just the law, but also working in sync with the demarcations of the
constitution laid by the country.
 The constitution does not simply provide a recipe for an efficient government, but also
deals with limitations on power. Since power corrupts and absolute power corrupts
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absolutely, a constitution is established to restrict the abuse of power by those who
conduct governmental functions.
The constitution of a particular country lays down the national goals which form the
basic edifice on which the nation rests upon. For instance, the constitution of India has
inscribed in it the primary facets of the nation which are democracy, socialism,
secularism and national integration.
A constitution, besides thrusting on the rights of the citizens of the concerned nation,
also has embedded in it the duties that the citizens require to adhere to as well.
To delimit the power of the government as a whole and of its various organs such as
executive, legislature and judiciary and to establish the rule of law and not the rule of
man.
To provide against the encroachment on the individual’s right by the government.
To preserve the political institution against political whim or caprice.
To uphold the socio-political ideals of the community.

Making or Framing of Indian Constitution
World War II in Europe came to an end on 9th May, 1945. In July, a new Government came
to power in the United Kingdom. The new British Government announced its Indian policy
and decided to convene a Constitution Drafting Body. Three British Cabinet members were
sent to find a solution to the question of India’s Independence. This team of Ministers was
called the Cabinet Mission. The Cabinet Mission discussed the framework of the
Constitution and laid down in some detail the procedure to be followed by the Constitution
Drafting Body.
The Constitution of India was drawn up by a Constituent Assembly (established in
accordance with the Cabinet Mission Plan) initially summoned on 9th December, 1946,
under the Presidentship of Sachidananda Sinha, for undivided India in the Constitution Hall
(now it is called as Central Hall of Parliament House). On 1st July, 1947, the British
Parliament passed the ‘Indian Independence Act’, to divide into India and Pakistan. With the
partition of India, the representatives of East Bengal, West Punjab, Sind and Baluchistan,
NWFP and the Sylhet district of Assam, which joined Pakistan, ceased to be members of the
Constituent Assembly. On 14th August, 1947, the Constituent Assembly met again as the
Sovereign Constituent Assembly for the dominion of India under the Presidentship of Mr.
Sinha. On the demise of Mr. Sinha, Dr. Rajendra Prasad became the President of the
Constituent Assembly (11th December, 1946). A Draft Constitution was published in
February, 1948. 284 out of 299 members appended their signature to the Constitution and
finally adopted it on 26th November, 1949. It came to effect on 26th January, 1950. The
Constituent Assembly took almost three years (two years, eleven months and eighteen days
to be precise) to complete its historic task of Drafting the Constitution for Independent India.
During this period, it held eleven sessions covering a total of 166 days. Of these, 114 days
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were spent on the consideration of the Draft Constitution. Its sessions were open to the press
and the public.
Draft Constitution by Drafting Committee
The work started with the presentation of the ‘Objective Resolution’ moved on 13th
December, 1946 by Pandit Jawaharlal Nehru and was adopted on 22nd January, 1947. The
Committee for scrutinizing the Draft Constitution and suggesting Amendments was formed
on 29th August, 1947. The Draft was readied by February, 1948. The Constituent Assembly
met thrice to read the Draft clause-by-clause in November, 1948, October, 1949 and
November, 1949. After the third reading, it was signed by the President and adopted on 26th
November, 1949. In fact, a Committee on Rules of Procedure was in place as early as
December, 1946 under the Chairmanship of Dr. Bhimrao Ramji Ambedkar and Members
were: Alladi Krishnaswami Ayyar, N. Gopalaswami Ayyangar, Dr. K. M. Munshi, Syed Md.
Saadulla, B. L. Mitter (was replaced by N. Madhava Rao) and D. P. Khaitan (was replaced
by T. T. Krishnamachari).
The Drafting Committee studied the Constitutions of number of countries like France,
Canada, USA, Switzerland, etc. and gathered the best features and adopted them for the
realization of the aspirations of the people of India in our Constitution. The result of it was
that we have one of the best Constitutions of the world today. The Indian Constitution
closely follows the British Parliamentary Model but differs from it; the Constitution is
Supreme, not Parliament. So the Indian Courts are vested with the authority to adjudicate on
the constitutionality of any law passed by the Parliament. Few like,
British Constitution
• Parliamentary form of Government
• The Idea of Single Citizenship
• The Idea of the Rule of Law
• Institution of Speaker and his/her Role
• Law-making procedure
United States Constitution
• Charter of Fundamental Rights, which is similar to US’s Bill of Rights
• Federal Structure of Government
• Organization and Powers of Supreme Court
• Power of Judicial Review and Independence of the Judiciary
• The post of Vice President
Irish Constitution
• Constitutional Enunciation of the Directive Principles of State Policy
French Constitution
• Republic
• Ideals of Liberty, Equality and Fraternity

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Germany Constitution
• Proclamation of Emergency
Japanese and Chinese Constitution
• The Idea of the Fundamental Duties
Canadian Constitution
• A Quasi-federal form of Government (a Federal system with a strong Central Government)
• The Idea of Residual Powers
Australian Constitution
• The Idea of the Concurrent List
• Freedom of Trade and Commerce within the Country and between the States
South African Constitution
• Constitutional Amendments
Soviet Constitution
• The Planning Commission and Five-year Plans
Main / Salient Features of Indian Constitution
1. Written and Lengthiest: It is written one and is also the lengthiest in the world.
2. Preamble: At the beginning, there is a Preamble, which is important in several aspects. It
narrates the ideals (Justice, Equality, Individual Dignity, Fraternity and National Unity) and
aspirations of the Indian people.
3. Republic: Republic: Republic: India is a Republic. As a Republic, people have a right to
form their own government and to elect the head of the government.
4. Government of the People: Government of the People: It upholds a form of government
which is of the people, by the people and for the people. People have the right to elect their
own rulers.
5. Fundamental Rights and Duties: Fundamental Rights and Duties: It has given SIX
Fundamental Rights to the citizens. The government cannot take away any of these rights.
When these rights are violated, the Judiciary would come to the rescue of the citizens. In
addition to the Fundamental Rights, it has stated TEN + ONE Fundamental Duties to be
performed by the citizens.
6. Secularism: As per the principle of secularism, the government must be impartial :
towards all the religions followed by its citizens. There shall be no ‘State Religion’. At the
same time, the government guarantees freedom of faith and worship to all citizens. However,
the government has the right to restrict religious freedom when it disturbs public peace, as
well as law and order.
7. Independent and Impartial Judiciary: Independent and Impartial Judiciary: Under the
democratic system, all citizens are equal before the law. There cannot be different sets of
laws for the different groups of people. The judiciary is expected to provide justice to all the
sections of the society. Therefore, the Judiciary is given adequate powers. The Supreme
Court acts as a guardian of the Constitution in place of the Privy Council.
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They should have employment and adequate income. Pandit Nehru and Sardar Vallabhbhai Patel thought of inviting and consulting Sir Guor Jennings. Equal Rights to Women: Here. 13. B. Both get equal pay for equal work.P. Munshi 5) Saijio Mola Saadulla 6) N.R. Ambedkar for preparing a draft of the Constitution of the independent India. both men and women have been given equal rights. Ambedkar NEW ALLIANCE COMMERCE COLLEGE. 1947 passing one resolution the Constituent Assembly appointed a ‘Drafting Committee” with the seven members including Dr. Chairman 2) N. economic and political opportunities to all citizens. The exploitation of women is considered an offence. Ambedkar who ought to be entrusted with the role which they badly need as he so richly and rightly deserved. When approached for advice in the matter Gandhiji is reported to have told them why they should be looking for foreign experts when they had the right within India an outstanding legal and constitutional expert in Dr. Madhava Rao and 7) D. Ambedkar. The seven members. Dr.M. the Council of Ministers or the Union Cabinet is the Real Executive and is responsible to the Lok Sabha. Goipalswami 3) Alladi Krishnaswami Ayyas 4) K. Ambedkar was appointed the Chairman of the Drafting Committee. A Welfare State: e State: A State which aims at providing social and economic security to all its citizens is known as a Welfare State. clothes. It is federal in form but unitary in spirit. Universal Adult Franchise: Adult Franchise: The system of election of representatives by all the adults of a country is called as Universal Adult Franchise. Eradication of Untouchability: It has prohibited the practice of untouchability in the country. 9. as internationally known constitutional expert of those times. Khaitan The Round Table Conference The Round Table Conference was a landmark in the history of the Indian Constitution. and provides equal social. 10. including the Chairman of the ‘Drafting Committee’ were as follows: 1) Dr. an adult means one who is above the age of eighteen. It is neither too rigid (as some provisions can be amended by a simple majority) nor flexible (as some provisions require special majority for amendment). Being invited to discuss on constitutional matters Dr. The practice is deemed a crime and offenders can be punished.II SEM BCOM CONSTITUTION OF INDIA 8. The aged and destitute must get proper protection. In India. It protects the weaker sections from exploitation. 11. Social Security must be provided to the citizens so that they would live a peaceful life.Ambedkar’s contribution towards Indian Constitution On 29th August. food. The Law Minister Dr. It is said when drafting of the Constitution of India was embarked upon. shelter and health care. CHANNARAYAPATNA Page 5 . 14. 12. The President of the Union is the Constitutional Head.

CHANNARAYAPATNA Page 6 . His questioning of the rationale of the tow nation theory which gave birth to Pakistan was born of deep interest in and compassion for his compatriots esp. he characterize Article 32 as the very soul of the Constitution and the very heart of it. Dr. Equality Of Opportunity In the Draft Constitution the “Fundamental Rights”. Amebedkar observed “Equality of Opportunity” as the most important one. Dr. “The Draft Constitution has eliminated the elaborate and difficult procedures such as a decision by a convention or a referendum. Central and Provincial …” Dr.II SEM BCOM CONSTITUTION OF INDIA demanded in dependence and hoped that the people of India would be able to redress their grievances by political power and this political power will come to them under the ‘Swaraj’ constitution. Ambedkar forewarned his countrymen of the Consequences of partition.e. He examined the functioning of a democratic government on the basis of stability and responsibility. So Dr. Ambedkar was doubtful on the Constitutional mortality of the legislatures. So also were his explicitly and outspoken views on what he called the biggest blunder of Partition of India. the Scheduled castes settled for centuries within the territorial jurisdiction of the new notion of Pakistan. has indeed been prophetic. prescribed were justifiable in the Court of Law. Concept Of Sovereignty And Suzerainty : Dr.. but unitary in emergency. Concept Of Federalism His concept of federalism meant that the State was a federation in normalcy. NEW ALLIANCE COMMERCE COLLEGE. Centre Was Made Strong In the Draft Constitution Dr. The power of amendment lies with the legislatures. Directive Principles of State Policy The Directive Principles of State Policy contained the positive obligations of the state towards its citizens. Ambedkar offered more powers to the Centre and made it strong. Some members of the constituent assembly criticised him on the ground that since Dr. So he wanted to incorporate the froms of administration in the Constitution. Ambedkar’s concept of sovereignty and suzerainty and of the Indian States. integration of the native Indian Princely States which gave the shape to the rap of India as if is today. Ambedkar postulated – the rights and values of each individual and the development of each province and each–village. George Bancroft Role Of The Constituent Assembly In the constituent Assembly Dr. it was contradictory of his part to make the Centre strong. The Directives were meant to ensure social and economic democracy which was secured by the provisions of fundamental rights in a written Constitution. Ambedkar urged the necessity of amendment.. i. Constitution: A Dynamic Document The Constitution is a dynamic document it should grow with the growth of the nation and should suit the changing needs and circumstance. Ambedkar played a very significant role with a lofty responsibility of drafting the Constitution. Of all the rights. Regarding the constitutional remedies.

and placing all people equal before the law. one vote’. (4) Incorporating exceptions and qualifications to the FRs while advocating. Social equality in this context means the absence of discrimination on the grounds of caste. a strong Centre was indispensable to maintain territorial integrity and administrative discipline. The Preamble of Our Constitution WE. Ambedkar believed that in the absence of economic and social justice political independence would not bring about their social solidarity or. and to promote among them all * FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. and one man. traditions and cultures. (2) Providing special safeguards to the minorities and certain classes who are socially and educationally backward. national integration. Under social equality. language. securing equal protection of laws for every citizens as also freedom of profession and equality of opportunity. colour. social. Thus. (6) Incorporating the right to constitutional remedies for making the right real. Therefore. he was equally force-full in his advocacy of the unity of the nation. etc. preventive detention and energy way powers of the president of India. but also into regions. (3) Incorporating the principle of one man. creed. sex. * EQUALITY of status and of opportunity. one vote. everyone has equal status and opportunities. belief. He advocated the abolition of privileges on the basis of caste or status and vigorously fought for the liberty and dignity of the individual. flexible enough and strong enough to hold the country together both in peace and war time. A pragmatist to the core. religions. CHANNARAYAPATNA Page 7 . * LIBERTY of thought. one value. It implies social and economic equality. and one man. It the same time. Ambedkar sought to achieve there objectives through the constitution of India by incorporating in it the following principles. the constitution of India accepted one individual and net on village as a unit.II SEM BCOM CONSTITUTION OF INDIA National Integration: In the Draft Constitution Dr. religion. a single judiciary and uniformity in fundamental Laws to integrate Indian society which was not only divided into caste and class. faith and worship. NEW ALLIANCE COMMERCE COLLEGE. expression. having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: * JUSTICE. (5) Abolishing untouchability and forced labour to achieve the ideal of “one man. THE PEOPLE OF INDIA. Ambedkar prescribed single citizenship. one value. languages. (1) Making the Indian constitution workable. economic and political. The word ‘SOCIALIST’ was added to the Preamble by the 42nd Amendment Act of 1976.

status or place of birth. there is no scope for inequality based on race. The government must not favour or discriminate against any religion. education. is entitled to vote. Types of Government The Preamble lays down the type of government that India has adopted — Sovereign. caste. No one is arrested without the consent of law. Elections are conducted once in FIVE years to elect our representatives or Head of the State (President) and the Executive. India is a DEMOCRACY. India is internally and externally sovereign — externally free from the control of any foreign power and internally. religion they choose. Our Constitution assures us the Justice: Social. All citizens. All laws are equal and all are equal before law. who is 18 years of age and above and not otherwise debarred by law. The Equal Wages Act and The Child Labour Prohibition Act. CHANNARAYAPATNA Page 8 . Democratic. Social justice means that the state will treat all citizens as equal and will not discriminate between them on the basis of religion. It must treat all religions with equal respect. Republic. NEW ALLIANCE COMMERCE COLLEGE. it has a free government. Barker calls FRATERNITY as principle of cooperation. economic and political through various measures of laws. etc. Sovereign: The word ‘Sovereign’ means supreme or independent. Here. health and other services. which means that the State has no official religion. Ours is Secular. colour. such as the Abolition of Untouchability and Zamindari. sex. and there is no scope for exploitation of weaker sections of the society or women. The various policies of the State are decided by them. Our Constitution assures freedom to one and all. Secular. religion or education. irrespective of their religious beliefs are equal in the eyes of law. It includes a bunch of right to share and enjoy the common resources and services of the Nation. State and Local) by a system of Universal Adult Franchise. Every citizen of India. The freedom to follow any religion is guaranteed by the Constitution. gender. Socialist.II SEM BCOM CONSTITUTION OF INDIA Economic equality means that the government will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. religion. practice of Untouchability is prohibited and it a crime. Every person has the right to preach. Economic justice means that the state will attempt to reduce the economic disparities between rich and the poor and will try to bring about equality in incomes. race. The people of India elect their governments at all levels (Union. Political justice means that the state assures all people equal opportunities to participate in political activities. No religious instruction is imparted in government or aided schools. language. police. Every citizen enjoys this right without any discrimination on the basis of caste. creed. sex. India has adopted a mixed economy and the government has framed many laws to achieve the aim of socialism. The word ‘SECULAR’ was inserted into the preamble by the 42nd Amendment Act of 1976. Our Constitution has upheld Equality. all Indian Constitution religions are equal. like. So.

That is the Central Government is the Supreme Law making authority in the country. No religious instruction is imparted in government or aided schools. practice and propagate any religion of their own choice. The President of India is elected by an electoral college for a term of five years. creed.II SEM BCOM CONSTITUTION OF INDIA Socialist: The word ‘Socialist’ was added to the Preamble by the 42nd Amendment Act of 1976. It implies social and economic equality for all its citizens. There will be no discrimination on the basis of caste. specific seats are allocated for Scheduled Castes and Tribes in Parliament called (reserved constituencies). All citizens. directly or indirectly. rights. or until he abdicates. Purpose of the Preamble  It indicates the source from which the Constitution came i. colour.  It declares the rights and freedom which are assured to all the citizens of the country. in local body election a percentage of seats are allocated for women candidates. The pillar of Indian Democracy is Election Commission of India. irrespective of their religious beliefs are equal in the eyes of law. Equal Wages Act and Child Labour Prohibition Act. CHANNARAYAPATNA Page 9 .e. As the wordings are there NEW ALLIANCE COMMERCE COLLEGE. But though it has federal structure. 2. currently there is no consensus in how to implement it and which seats should be allocated. Distribution of Powers: The distribution of power for running the country effectively has been done on the Principle of ‘Doctrine of Separation of Power’. a Republic is a State in which the Head of State is elected. Basic Structure of the Constitution 1. it is one of the most trusted organizations and has been praised by all for conducting free and fair elections. India has adopted a mixed economic model. THE PEOPLE OF INDIA. duties and obligations from the Constitution. such as Abolition of Untouchability and Zamindari Act. Every person has the right to preach. and provide a decent standard of living to all. Supremacy of the Constitution: All the authorities derive their powers. 3. in which the Head of State is appointed on hereditary basis for a lifetime.. for a fixed tenure. it is also has some unitary features. Democratic: India is a democratic. It treats all religions with equal respect. Everybody will be given equal status and opportunities. Federal Structure: The Constitution of India is based on a federal structure. That it is to say there exists both State and Central forms of Governments. etc. India does not have any official State religion. The government does not favour or discriminate any religion. language. Secular: The word ‘Secular’ was inserted into the Preamble by the 42nd Amendment Act of 1976. There is also a proposal to allocate 33% seats in all elections to women candidates. religion. election from any location. It implies equality of all religions and religious tolerance. The government will make the efforts to reduce the concentration of wealth in a few hands. and the government has framed many laws to achieve the goal of socialism. sex. Republic: As opposed to a monarchy.

etc. Due to the coordination in the decision making. candidates are elected NEW ALLIANCE COMMERCE COLLEGE. this type performs better and has higher efficiency. Toconduct elections for the Parliament and State Legislatures. In short. But an Ordinance can remain in force for maximum six weeks from the day of beginning of the session of the Parliament. of President and Vice President and to keep vigil over the whole process of election is the main function of the Election Commission of India. a make-shift but an absolutely necessary measure to ensure the stability and security of the country. It ensures special provisions for J & K which are not the prerogative of the other States. The Chief Election Commissioner and the member Commissioners are appointed by the President of India. etc. One constituency can return (elect) only one representative. the Constitution provides for independent machinery known as “The Election Commission”. The Chief Election Commissioner can be impeached and then removed from his post only on the grounds of misbehavior or inefficiency. The Indian Constitution has accorded these powers to the Union Government. all powers are concentrated on the Center. This is best suited for larger countries like India. More than one member is elected from majority of the constituencies. Under such circumstances. conditions of calamity or emergency. etc. It is best suited for smaller countries and less populous ones like France. constituencies have to be properly demarcated. responsible. with great. powers are divided between the Union and State Governments. they should be person of sound character. good social deportment. In Federal style. integrity as well as merit. Residual Powers: In the Federal Polity. Election Commission: In order to conduct free and fair elections. cultural and ethnic diversity. CHANNARAYAPATNA Page 10 . Constituency: In order to elect the representatives of people. public servants. The distribution has been done in the following basis:  Legislature – to make / enact the laws  Executive – to implement the laws (constitutes of government machinery like police. powers are divided between the Central Government and the State Governments. The powers which are not mentioned in the Constitution are called ‘Residual powers’. the President at the Center and the Governors at the State level.)  Judiciary – to interpret / enforce the laws Some Concepts of Indian Constitution Unitary and Federal Structure: In the Unitary style. It is sort of temporary legislation. issues Ordinances.II SEM BCOM CONSTITUTION OF INDIA ‘power corrupts and absolute power corrupts absolutely’. Ordinance: The Executive (The Ministry) has to face all of a sudden. conscientious and honest administrative officers. In India. Public Service Commission: The Constitution provides for the “Union Public Service Commission” and the “State Public Service Commissions” for recruiting intelligent. Article 370: The Princely State of Jammu & Kashmir (J & K) was integrated with the Indian Union under Article 370.

The Minister of State is given independent charge of one ministry or department. Human Resources Development. The Principle of Collective Responsibility: The Ministry functions on the basis of Collective Responsibility. They cannot be arrested 40 days before or after the session of the Parliament. The candidate. this arrest and the nature of the offence committed must be immediately reported to the Speaker of the Lok Sabha or the Chairman of Rajya Sabha as the case may be. Ministers of State have a second-rank status in the ministry. Adjournment Motion: The proceedings of the House go according to the agenda. The Ministry (The Cabinet): A Cabinet Minister has a top-ranking status. without obtaining prior permission of the Speaker of the Lok Sabha. NEW ALLIANCE COMMERCE COLLEGE. any Member of Parliament is arrested. then with the permission of the Speaker that subject is taken up for the immediate discussion. in India. Besides. who wins the majority of votes. But. If a subject that is not on the agenda but it is of urgent public interest. if such resolution is passed against the government or Minister.II SEM BCOM CONSTITUTION OF INDIA by a simple majority. Therefore. If a Minister had committed a serious blunder in the discharge of the duties and in the implementation of the policies. But this immunity is restricted to civil cases only. etc. in case. CHANNARAYAPATNA Page 11 . Motion of Censure: It is a resolution passed by a simple majority to censure the government. For such reserved constituencies. They enjoy the immunity from arrest when Parliament is in session. there are onemember constituencies. A voter casts his vote only for one candidate. The other sensitive and utterly important ministries such as those of Defence. A Deputy Minister assists the Cabinet Minister and the Minister of State as well. The Cabinet Minister is entrusted with the functions of special importance. The Constitutional Bill: It can originate in any House of the Parliament. They enjoy no immunity against criminal offence or prohibitive law arrest. only the candidates of Scheduled Castes and Tribes are elected. they cannot be arrested. or misbehavior of a Minister of any member of the House. it is taken as the passing of a no confidence motion against the government. its unsuccessful policies. Coordination in the policies is a pre-requisite for the smooth functioning of a Ministry. he / she has to perforce to accept full responsibility and has to tender the resignation with immediate effect. It is a norm that either a Minister has to fall in line with all the policies of the Ministry or is free to resign from the Ministry. Attention Motion: There are rules on the functioning of the House. Planning. are divided among various ministries and departments. In parliamentary democracy. Honorable members with prior permission from the Speaker or President can set an attention motion to draw the attention of the concerned Minister. Some seats are reserved in the Parliament and State Legislatures for the Scheduled Castes and Tribes. is declared duly elected. This motion is called Attention Motion. Privileges of the Member of Parliament: Special privileges have been conferred on the members of Parliament so as to enable them to discharge their duties without any hindrance. Only one candidate is elected from one constituency.

The relation of the President with his / her Council of Ministers. the Courts give a new import to the words. After this. Amending Process: It may be of two types – The Imperceptible or Informal Process: This process is for changing the Constitution as a limited role for supplementing the Constitution. CHANNARAYAPATNA Page 12 . Amendments can be made by a simple majority of members present and voting. • By special majority of the Parliament and ratification of at least half of the State Legislatures by special majority. and needs at least two-thirds NEW ALLIANCE COMMERCE COLLEGE. changes are required to be made in the laws and in the Constitution. A convention operates within the framework of the Constitution yet it effects and modifies it. An Amendment to the Constitution is taken very seriously. it is sent to the President for his assent. Amendments can be made by a two third majority of the total number of members present and voting which should not be less than the majority of the total membership of the House. This involves changing the text of the Constitution to make it reflect the new meanings required by the changes in the society or for development of the nation. Just as the education system gets a new look. the industrial policy changes to serve the needs of the society. Such changes can be effected by – • The Courts by interpretation – Changes brought by judicial interpretation give a new or altered meaning without changing the text of the Constitution. It is the most accepted way of adapting the Constitution to face new developments. • Changes in conventions and constitutional changes – Conventions may sometime make a provision of the Constitution ineffective. the role of the Planning Commission are all governed and guided by conventions. assent to Bills by the President or the Governor. Judicial interpretation is a very slow process.II SEM BCOM CONSTITUTION OF INDIA Amendment of the Constitution Nothing may remain static in the world. The formal process is visible. The Perceptible or Formal Process: Every Constitution contains a description of the manner in which it may be changed. The language of the Constitution remains the same but in view of the prevailing circumstances and needs of the society. Some parts of the Constitution may be amended with the consent of the States. To face new problems and challenges changes and modifications are called for in all aspects of national life. exercise of veto by the President. before it sending it for the President’s assent. Some parts of it can be amended by simple legislation while other parts are less flexible and require special majority. acceptance of the recommendations of the Finance Commission and Union Public Service Commission. • Legislation – by filling gaps or supplementing the Constitution. Nature demands change. It is announced and overt process of change. A political society undergoes changes with the passage of time. Our Constitution attaches different degrees of rigidity to different provisions of the Constitution. Our Constitution is a written Constitution which is federal in character. Such provisions are of three types – • By simple majority of the Parliament: Here. • By special majority of the Parliament: Here.

Overview of Constitutional Developments (or) Indian Freedom Movement (1857 to 1947) 1857-58: First War of Indian Independence / The Government of India Act. Partition of Bengal annulled to create the Presidency of Bengal. The Amending Procedure: Article 368 contains the procedure to be followed to amend the Constitution. The following is the procedure:  The Amendment is initiated by introducing a Bill for the purpose  The Bill may be introduced in either House of Parliament (A Money Bill or a Financial Bill may be introduced only in the Lok Sabha)  The Bill must be passed by each House by special m majority (2/3rd present and voting and more than 50% of the total membership)  In case of entrenched (unamendable) provisions. the Bill must be ratified by not less than one half of the State Legislatures  After being duly passed and ratified.  The Bill does not require previous sanction of the President before introduction. 1877: Delhi Durbar . CHANNARAYAPATNA Page 13 .The Queen of England proclaimed Empress of India. NEW ALLIANCE COMMERCE COLLEGE.Rendition of Mysore . the President may send the Bill for reconsideration or withhold the assent)  In case of disagreement between the Houses there is no provision for joint sitting. 1908: Newspapers Act. 1861: Indian Councils Act . Thus.First Meeting.Queen Victoria’s Proclamation. 1914: The First World War begins. 1885: Indian National Congress . 1858: British Crown takes over the Indian Government . the Bill is presented to the President  The President is bound to give assent to it (in case of an Ordinary Bill. 1878: Vernacular Press Act. where so required.II SEM BCOM CONSTITUTION OF INDIA of the Lok Sabha and Rajya Sabha to pass it. the Constitution of India is one of most frequently amended Constitutions in the World. 1906: Formation of the Muslim League. The Imperial Capital shifted from Calcutta to Delhi. 1899: Lord Curzon becomes Governor and Viceroy. 1905: First Partition of Bengal.Mysore State restored to its original ruler.Indian High Courts Act . 1909: Minto-Morley Reforms / Indian Councils Act of 1909 (Introducing the representatives and popular government through elections). 1892: Indian Council Act to regulate Indian Administration. 1881: Factory Act .Indian Penal Code. 1911: King George V & Queen Mary hold Durbar in Delhi. 1858 (Ended the rule of the East India Company in India and provided for the governance of India under the direct rule of British). It must be passed by each House sitting separately.

1922: Civil Disobedience Movement. 1921: Moplah (Muslim) rebellion in Malabar. Poona Pact. Das. Visit of the Prince of Wales. Students leave colleges. 1932: Suppression of Congress Movement. Bonfire of British clothes. Royal Commission on Agriculture. hoists the National Flag at Lahore. Hindu-Muslim riots. Muslim leaders leave the Conference. lawyers leave practice. Repression let loose by the government. Outburst of violence at Chauri Chaura leading to suspension of the Movement by Gandhiji. Ali brothers & Maulana Abdul Kalam Azad start Khilafat Movement (for restoring the Turkish Khalifate) with Gandhiji’s support. Second Round Table Conference. 1920: Congress okays Non-Cooperation Movement and Khilafat Movement. Montague-Chelmsford Reforms offer limited Provincial autonomy to the Indians and The Enactment of the Government of India Act. 1929: Lord Irwin. 1919 (Increasing association of Indians in every branch of the administration and the gradual development of self-governing institutions for the progressive realization of responsible government in British India). 1926: Lord Reading expounds to the Nizam what paramountcy implies. 1928: Simon Commission comes to India. 1918: World War I ends. Gandhiji goes walking from Sabarmati Ashram to Dandi. Khilafat Movement fizzles out as Kemal Pasha declares Turkey a secular state. 1931: Gandhi-Irwin Pact. 1917: Annie Besant becomes President of Indian National Congress. The Communal Award. Viceroy of India. R. 1930: 26th January observed as Independence Day all over India. Das and Motilal Nehru. Civil Disobedience Movement continues. etc. NEW ALLIANCE COMMERCE COLLEGE. 1919: Rowlatt Act intended to perpetuate extraordinary powers enjoyed by Government during the war provokes country-wide protests. Lahore Session of the Congress asks for Independence. First Round Table Conference. The massacre at Jalianwallabagh. Third Round Table Conference. 1925: Death of C. Perfect Hindu-Muslim Accord. Sir John Simon Commission’s / Statutory Commission’s Report published. Boycott by all parties.II SEM BCOM CONSTITUTION OF INDIA 1915: The Defence of India Act. 1933: White Papers on Indian reforms. promises Dominion Status for India. Pandit Jawaharlal Nehru. CHANNARAYAPATNA Page 14 . 1923: Swarajya Party started by C. to show popular dissatisfaction with the Reforms. R. Swarajists propose to enter the Councils and wreck the government from within. On the midnight of 31st December. 1927: Indian Navy Act. President of the Congress. 1916: Congress had entered into Pact with Muslim League (called the Lucknow Pact). Factories Act. All parties’ Conference. Congress makes Gandhiji a sole leader of Bardoli Satyagraha. Simon Commission appointed. a Salt Satyagraha (On 12th March – 241 mile foot march with 79 followers).

The Interim Government is to be formed by reconstituting Viceroy’s Executive Council. Lord Wavell. 1942: Sir Stafford Cripps Mission to India. He inaugurates the Government of Free India at Singapore.II SEM BCOM CONSTITUTION OF INDIA 1934: Civil Disobedience Movement called-off. The ratings of the Royal Indian Navy rise in open mutiny (18th February). Congress adopts Quit India Resolution (08th August). Accession of George VI. 1936: Death of King George V. Accession and Abdication of Edward VIII. Both Congress and Muslim League refuse Cripps offer. 1935: Government of India Act. Congress Ministers formed in a majority of the Provinces. Cabinet mission announces its plans for an Interim Government and a Constituent Assembly. Both Congress and Muslim League reject the proposal. Netaji Subhash Chandra Bose forms the Indian National Army (INA) in Malaya. 1938: Resignation of Congress Ministers. 1939: Beginning of World War II. Wavell’s proposals for a settlement fall through as Congress & Muslim League could not agree. 1946: Demonstrations against the trial of the INA men. with the help of Japanese. 1945: The Indian National Army under Bose surrenders to the British after collapse of Japan. 1937: Inauguration of Provincial Autonomy. Congress Leaders arrested and Congress declared as Illegal body (9th August). 1943: Bengal famine. NEW ALLIANCE COMMERCE COLLEGE. It gave slogan ‘Do or Die’. National Army personnel tried for treason in India. Political deadlock in India. CHANNARAYAPATNA Page 15 . the Viceroy & Governor General of India. Cabinet Mission in India (19th February).

Besides Parliament. Union of India2 which was argued by eminent jurists like N. the Indian Constitution and enacted laws by the Central and State Governments have made all endeavour to provide quick remedies to large populace of the country. which is indeed a reflection of wisdom of the Constitution’s draftsmen of this biggest democracy. the Court hierarchy also comes down from Supreme Court of India at New Delhi to various District and Subordinate Courts of Civil Judges upto rural/Tehsil levels. of course with unavoidable overlapping to some extent. The only restriction on such amendment is that the Parliament cannot alter or change the basic structure of the Indian Constitution itself and this is what was laid down by Supreme Court of India in epoch making judgment in 1973 in the case of Keshavananda Bharti vs.25 billion people and to provide for various democratic institutions on the side of Executive and Judiciary is indeed a tough task but the monitoring by the Superior Institutions of their subordinates has really worked well in past 65 years of Independence of this Country. Executives and Judiciary.A. The checks and balances of powers with constitutionally defined separate fields for the Legislature. The topics or legislative fields for Union & State Governments & even concurrent subjects are defined in Seventh Schedule List I. the Court overruled Golaknath3 and declared that Article 368 did not enable Parliament to alter the basic structure or framework of the Constitution in the NEW ALLIANCE COMMERCE COLLEGE. The Parliament as one unit has vast legislative field to enact various laws and even power to amend the Constitution under Article 368 of the Constitution of India. Indian democracy has created various democratic institutions for proper governance in the country and while Judiciary has the supreme power to interpret the various Statutes and Laws including the Constitution of India itself. Central Legislative body comprising of its two houses. the Parliament. CHANNARAYAPATNA Page 16 . On power to amend the Constitution itself. To maintain the Rule of Law and to provide easy access to justice under the policy of Justice at the doorsteps. The Panchayati Raj Institutions at rural or village level also look after the local needs of the citizens in rural areas which forms about 70% of the Indian population. India is second most populated country on the planet with around 1. States of India have State Legislative Assemblies and some of the States in India have bicameral system. II & III of the Constitution. House of People or Lok Sabha (Lower House) (Comprises of 542 members directly elected by the people) and Council of States or Rajya Sabha (Upper House) comprising of nominated persons from various fields and experts elected members by various State Legislative Assemblies.II SEM BCOM CONSTITUTION OF INDIA UNIT 02 Democratic Institutions Like the hierarchy of the Government in India coming down from Central Government at the top in New Delhi to the bottom at Panchayati Raj Institutions like Panchayat Samiti or Gram Sabha at Rural or village levels.Palkhiwala.

secular.M. The laws like Right to Information Act has also helped to unearth the various corrupt activities and practices in governance and the judicial eye has helped to take corrective measures with Institutions like Central Vigilance Commission (CVC). C. The house meets in the Lok Sabha Chambers of the Sansad Bhavan in New Delhi. Lok Sabha (House of the People) The Lok Sabha (House of the People) is the lower house of India's bicameral Parliament. Composition: The present membership of the Lok Sabha is 545. The laws like Right to Free and Compulsory Education to children between 6 – 14 years of age. Shelat and A. The President nominates two members of the Anglo-Indian Community to the Lok Sabha. The Central Investigation Agency known as Central Bureau of Investigation (CBI) is independent police organization which is largely kept free from political and bureaucratic interference and investigates into such economic crimes. out of these 523 are elected by the people of all Indian States and 20 by the people of the Union Territories. 5. He observed that these basic features are easily discernible not only from the Preamble but also from the whole scheme of the Constitution. I.M. The Judges made no attempt to define the basic structure of the Constitution in clear terms. 3. Republican and democratic form of Government. added three more basic features to the above list: 1. The maximum membership NEW ALLIANCE COMMERCE COLLEGE. CHANNARAYAPATNA Page 17 .N. Separation of powers between the legislature.II SEM BCOM CONSTITUTION OF INDIA case of Keshavananda Bharti. Secular character of the Constitution. JJ. mentioned five basic features: 1. and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. Sovereignty of the country.J. 2. 2. the executive and the judiciary. Gover. Sikri. The dignity of the individual secured by the various freedoms and basic rights in Part III and the mandate to build a welfare State contained in Part IV. Federal character of the Constitution. Right to Information. J. Right to Work with minimum and fair wages enacted in recent past played a vital role in shaping the future of the country and for achieving the constitutional goal of socialist. The unity and the integrity of the nation. Comptroller and Auditor General (CAG) and Joint Parliamentary Committee (JPC). with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by adult universal suffrage and a first-past-the-post system to represent their respective constituencies. S. 3. 4. democratic and republic India. He added that the structure was built on the basic foundation of dignity and freedom of the individual which could not by any form of amendment be destroyed. Supremacy of the Constitution.

Qualifications for Membership of the Lok Sabha: (1) He must be a citizen of India. This term can be extended for one year during an emergency. From each constituency one MP is elected. IV. (6) He should possess all such qualifications prescribed by the Parliament. These are called Reserved Constituencies. However. From each reserved constituency only candidates belonging to SCs or STs. Now EVMs are being used in recording votes. (d) Secret Ballot: The members of the Lok Sabha are elected by secret ballot and no one knows his voting decision. it is essential that his name should stand included in the voters list of his constituency. (3) He must not hold any office of profit in the Government. (e) Direct Election and Simple Majority Vote Victory system: All the members of the Lok Sabha are directly elected by the people. Any voter can cast his vote to elect any candidate of his choice from his constituency. (5) He should not be a declared offender of a grave crime by any court. can contest elections. Tenure: The normal term of the Lok Sabha is five years. NEW ALLIANCE COMMERCE COLLEGE. Further. (b) Reservation of Seats for SCs and STs: Some constituencies are reserved for Scheduled Castes and Scheduled Tribes.II SEM BCOM CONSTITUTION OF INDIA of the Lok Sabha stands fixed at 552 till the year 2010. However. (2) He must not be less than 25 years of age. as the case may be. (4) He should not have an unsound mind or be a bankrupt. Method of Election of the Members of Lok Sabha: The members of the Lok Sabha are elected on the basis of the following principles: (a) Universal Adult Franchise: Every citizen who has attained the minimum age of 18 years has the right to vote in the elections to the Lok Sabha. Odisha has 21 seats in Lok Sabha. Presently 131 seats stand reserved (84 for SCs and 47 for STs). all the voters of each such constituency exercise their right to vote for electing one candidate belonging SC or ST as their representative. But fresh elections to the Lok Sabha must be held within six months of the end of emergency. out of which some seats stand reserved for SCs and STs. the President can dissolve the Lok Sabha at any time when the Prime Minister may advise him to do so or when no party may be in a position to form a government. CHANNARAYAPATNA Page 18 . III. II. A candidate securing the largest number of votes from amongst all the contestants from a constituency gets elected as the representative of the people of his constituency in the Lok Sabha. (c) Single Member Territorial Constituencies: The whole country is divided into as many territorial constituencies as is the number of the members of the Lok Sabha to be elected. In this case also a new Lok Sabha has to be essentially elected within six months.

The Speaker presides over the meetings of the Lok Sabha. the Council of Ministers is collectively responsible before the Lok Sabha. No action can be taken against them for anything said by them in the House. When a bill is introduced and passed by the Lok Sabha. Quorum: For a meeting of the Lok Sabha the presence of at least 1/10th of its total members is essential. Sessions: The President can call the session of Parliament at any time but the gap between two meetings of the Parliament cannot be of more than six months. It means in one year. In case the Rajya Sabha rejects a bill passed by the Lok Sabha and returns it with or without some amendments. They cannot be detained for any civil offence during and 40 days before and after the session of the Lok Sabha.II SEM BCOM CONSTITUTION OF INDIA V. CHANNARAYAPATNA Page 19 . Powers and Functions of the Lok Sabha: 1. The leader of the majority in the Lok Sabha becomes the Prime Minister. almost 90% of the bills are actually introduced in the Lok Sabha. one member from the panel of chairmen (List of some veteran and experienced MPs of the House) presides over the meeting. the Lok Sabha reconsiders the bill. a minimum of two sessions of the Lok Sabha are essential. Most of the NEW ALLIANCE COMMERCE COLLEGE. 2. After this it becomes a law. VII. the Speaker of the House can adjourn the meeting for lack of quorum. They enjoy unrestricted freedom to express their views in the House. VI. If the Lok Sabha re-passes it and the Rajya Sabha is still not prepared to pass it. every new Lok Sabha elects one of its members as the Speaker and another one as the Deputy Speaker. He acts as a neutral chairman in the House. Legislative Powers: An ordinary bill can become law only after it has been passed by both the Houses of Parliament. it goes to the President for his signature. Their arrest in criminal cases can be made only after the Speaker has been informed of it. In its very fastest meeting. it is sent to the Rajya Sabha. VIII. If 1/10th of the members are not present in a meeting of the Lok Sabha. It can be introduced either in the Lok Sabha or the Rajya Sabha. After it has secured the approval of Rajya Sabha. Presiding Officers of Lok Sabha: Speaker and Deputy Speaker: The Speaker is the chairman and presiding officer of the Lok Sabha. Executive Powers: For all its work. The decision of the joint sitting is accepted by both the Houses. conducts its proceedings and maintains discipline and decorum in the House. Although ordinary bills can be introduced in either of the two houses of Parliament. the President summons a joint sitting of the two Houses. a deadlock occurs. His authority is supreme in the House. In his absence these functions are performed by the Deputy Speaker. Privileges of Members: Lok Sabha MPs enjoy several privileges. When both the Speaker and Deputy Speaker are not present in the House. If this deadlock remains unresolved for six months.

the money bill is deemed to have been passed by both the houses of Parliament. it is. Financial Powers: The Lok Sabha has vast financial powers. The Lok Sabha can remove the ministry from office by passing a vote of no. In case of any dispute as to whether a particular bill is a money bill or not. censure motion and no-confidence motion) and can reject any bill of the government. the Speaker of the Lok Sabha gives the decision. Lok Sabha can also take action against any member or any citizen who is held to be guilty of committing contempt of the House. the life and death of the Ministry depends upon the Lok Sabha. If the Lok Sabha: (i) Rejects any policy or decision of the Cabinet. Thus. Judicial Powers: The Lok Sabha also performs some judicial functions. the money bill goes to the Rajya Sabha.II SEM BCOM CONSTITUTION OF INDIA ministers are from the Lok Sabha. His decision is final and it cannot be challenged in any court or even in the Rajya Sabha or the Lok Sabha. Such a bill can be delayed by the Rajya Sabha for a maximum period of 14 days. 4. The impeachment proceedings can be taken up against the President either in the Lok Sabha or the Rajya Sabha. They can move and adopt several types of resolutions and motions (adjournment motion. (ii) Or disapproves the budget or a bill of the government. The Lok Sabha maintains a continuous control over the Council of Ministers.confidence against the Prime Minister. The Lok Sabha and the Rajya Sabha can together pass a resolution for the removal of any judge of the Supreme Court or of a State High Court. Taken to be a vote of no-confidence against the entire Council of Ministers and it resigns en masse. The President can be removed from office only when an impeachment resolution is adopted by each of the two Houses with a 2/3 majority of its members. After having been passed by it. NEW ALLIANCE COMMERCE COLLEGE. call attention motion.confidence against it. A money bill can be introduced only in the Lok Sabha. The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the VicePresident of India. Thus. the Chief Election Commissioner and the Comptroller and Auditor General of India. 3. If the Rajya Sabha fails to pass a money bill and 14 days elapse from the date of the submission of the bill to it. Both the Houses can jointly pass a special address and present it to the President for the removal of some high officers of the state like the Attorney General. or (iii) Passes a vote of no. The fiscal policies of the government cannot be implemented without the consent of the Lok Sabha. No tax can be levied or collected or changed or abolished without the approval of the Lok Sabha. we can any that the Lok Sabha has the final control over the finances of state. MPs can ask questions from ministers about their policies and activities of administration. The ministers remain in office so long as they enjoy the confidence of majority in the Lok Sabha. CHANNARAYAPATNA Page 20 . It is sent to the President for his signature. They can criticise their policies.

II SEM BCOM CONSTITUTION OF INDIA 5. Members of the Lok Sabha and the Rajya Sabha together elect the Vice-President of India. The leader of majority in the Lok Sabha becomes the Prime Minister. are included in the daily List of Business which is printed and circulated to members in advance. Lok Sabha can cause the dismissal of the Council of Ministers by passing a vote of no-confidence or by rejecting a policy or law of the government. For various items of business to be taken up in the House the time is allotted by the House on the recommendations of the Business Advisory Committee. notice of which is received from the Ministers/ Private Members and admitted by the Speaker. Electoral Functions: The Lok Sabha also performs some electoral functions. The Lok Sabha has full control over the finances of the State. NEW ALLIANCE COMMERCE COLLEGE. Position of the Lok Sabha: After studying the powers and functions of the Lok Sabha. Hence. (h) Approval of a Declaration of Emergency. (c) Changes in the jurisdiction of the Supreme Court and the High Courts. It also controls the executive. The items of business. It remains in office so long as it enjoys the confidence of majority in the Lok Sabha. The Speaker presides over the sessions of the House and regulates procedure. State. 6. The Council of Ministers is responsible to the Lok Sabha and not to the Rajya Sabha. Procedure in the House The Rules of Procedure and Conduct of Business in Lok Sabha and Directions issued by the Speaker from time to time there under regulate the procedure in Lok Sabha. we can say that the Lok Sabha is a very powerful House. (e) Revising the salary and allowances of the members of Parliament. (g) Passing of a resolution for abolishing or creating the upper chamber of a state legislature. It dominates ordinary lawmaking bills as nearly 90% of the bills are introduced in it. The members of the Lok Sabha also elect a Speaker and a Deputy Speaker from amongst themselves. Sessions and Time of Sittings Three sessions of Lok Sabha take place in a year: • Budget session: February to May. creation of new states and change in the name of any state. The joint sitting method of resolving the deadlocks between the two Houses tends to favour the Lok Sabha. Some Other Powers of Lok Sabha: The Lok Sabha and the Rajya Sabha jointly perform the following functions: (a) Approval of the ordinances issued by the President (b) Change of the boundaries of the states. The elected members of the Lok Sabha take part in the election of the President. the Lok Sabha is a very powerful house of the Union Parliament. CHANNARAYAPATNA Page 21 . (f) The setting up of Joint Public Service Commission for two or more states. (d) Changes the qualifications of the members of the Parliament and State Legislatures.

literature. Members of each State Legislative Assembly. takes care of the day-to-day matters of the house in the absence of the Chairman. On some days the sittings are continuously held without observing lunch break and are also extended beyond 6 P. and from 2 P. the Rajya Sabha. I. like the Lok Sabha can be prorogued by the President. The salary and other benefits for a member of Rajya Sabha are same as for a member of Lok Sabha. science. The Rajya Sabha meets in continuous sessions.M. to 1 P. NEW ALLIANCE COMMERCE COLLEGE. literature. Composition of the Rajya Sabha: The Rajya Sabha can have a maximum strength of 250 members. where the Lok Sabha has overriding powers. except in the area of supply. Lok Sabha holds its sittings usually from 11 A. a joint sitting of the two houses can be held. Most of the members of the House are indirectly elected by state and territorial legislatures using single transferable votes. the Rajya Sabha has 245 members 233 elected and 12 nominated. The Vice President of India (currently. together elect their allotted number of MPs for Rajya Sabha. The Rajya Sabha has equal footing in all areas of legislation with Lok Sabha. who is elected from amongst the house's members. However. The Rajya Sabha held its first sitting on 13 May 1952. out of these 238 are to be the representatives of the States and remaining 12 members are to be nominated by the President from amongst persons who have achieved distinctions in the fields of art. In the case of conflicting legislation. the former would normally hold the greater power. CHANNARAYAPATNA Page 22 .M. and social services. the lower house of Parliament. Rajya Sabha The Rajya Sabha or Council of States is the upper house of the Parliament of India. When in session. Lok Sabha does not ordinarily sit on Saturdays and Sundays and other closed holidays. who presides over its sessions. to 6 P. Members sit for staggered six-year terms. and current laws have provision for 245 members. only three such joint-sessions have been held. science or social services. Membership of Rajya Sabha is limited by the Constitution to a maximum of 250 members. is not subject to dissolution. Hamid Ansari) is the ex-officio Chairman of the Rajya Sabha. depending upon the business before the House. The Deputy Chairman.II SEM BCOM CONSTITUTION OF INDIA • Monsoon session: July to September. Rajya Sabha members are elected by state legislatures rather than directly through the electorate by single transferable vote method. At present.M. the latest one for the passage of the 2002 Prevention of Terrorism Act. Odisha has 10 seats in the Rajya House.M.M. The President nominates 12 MPs of Rajya Sabha. with one third of the members retiring every two years. and unlike the Lok Sabha. and in the history of the Republic. Joint sittings of the Houses of Parliament of India are rare. • Winter session: November to mid December. since the Lok Sabha has twice as many members as the Rajya Sabha. However. while the President can appoint 12 members for their contributions to art.

Sessions: The President convenes the sessions of the Rajya Sabha usually along with the sessions of the Lok Sabha or whenever he feels it necessary. One third of its members retire after every two years and elections are held only for the vacant seats. VII. However. However. Qualifications for the membership of Rajya Sabha: (a) He must be a citizen of India. He is not a member of the House. Each State Legislative Assembly elects as many representatives as have been allocated to it by the Constitution. III. Ho action can be taken against them for anything said by them in the House. Method of Election: The members of the Rajya Sabha are elected indirectly by the people. It is not subject to dissolution as a whole. (b) He must be above the age of 30 years. Chairman and Deputy Chairman of the Rajya Sabha: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. For protecting the privileges of the members of the House. They cannot be arrested for any civil offence during. During the absence of the Vice-President. The tenure of each member of the Rajya Sabha is six years. (c) He must possess all other qualifications as laid down by the Parliament. They enjoy unrestricted freedom to express their views in the House. Now any person residing in any part of India can contest election to the Rajya Sabha from any state. and 40 days before and after the session of the Rajya Sabha. (d) He must not hold any office of profit under any government. The people of each state elect the members of their state legislative assembly who then elect the members of Rajya Sabha by a method of proportional representation—single transferable vote system. the Deputy Chairman of the Rajya Sabha presides NEW ALLIANCE COMMERCE COLLEGE. (f) He should not have been disqualified under any law of the Parliament. CHANNARAYAPATNA Page 23 . Privileges of Members: The members of the Rajya Sabha enjoy several privileges. For this purpose residence of the concerned state is not essential. there cannot be a gap of more than six months within the two sessions of the Rajya Sabha. Odisha Legislative Assembly has 147 MLAs who together elect 12 members of Rajya Sabha. Quorum for the Meetings of Rajya Sabha: The quorum for the meetings of Rajya Sabha is 1/10th of its members. he presides over its meetings and conducts its proceedings. It means that at least 1/10th of the members of the Rajya Sabha must be present for carrying out the work of the House.II SEM BCOM CONSTITUTION OF INDIA II. V. VI. Tenure: The Rajya Sabha is a quasi-permanent House. IV. VIII. The President can call a special session of Rajya Sabha for getting approved an emergency declaration at a time when Lok Sabha stands dissolved. the Committee on Privileges has been in existence since the inception of the Rajya Sabha.

The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India.II SEM BCOM CONSTITUTION OF INDIA over the meetings. However.President of India. by asking questions and supplementary questions. it depends upon the Lok Sabha to accept or reject the proposed amendments. Some of the ministers are also taken from the Rajya Sabha. The Deputy Chairman is elected by the Rajya Sabha MPs from amongst themselves. Amendment Powers: Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each House. But if the deadlock is not resolved. A money bill cannot be introduced in the Rajya Sabha.” Lok Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence. Powers and Functions of the Rajya Sabha: 1. and by moving adjournment motions. it is sent to the President for his signatures. 6. The members of the Rajya Sabha Lok Sabha together elect the Vice. If the Rajya Sabha proposes some amendments and the bill is returned to the Lok Sabha. the bill is deemed to have been killed. In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains unresolved for six months. the bill is taken to have been passed by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. 5. Now the Prime Minister can also be from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader. This joint sitting is presided over by the Speaker of the Lok Sabha. 2. 4. the Rajya Sabha fails to pass the bill. Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves. the President can convene a joint sitting of the two Houses for resolving the deadlock. if within a period of 14 days. If the bill is passed in the joint sitting. Financial Powers: In the financial sphere. Legislative Powers: In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok Sabha. Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya Sabha can exercise some control over the ministers by criticising their policies. It can be initiated only in the Lok Sabha. 3. CHANNARAYAPATNA Page 24 . Executive Powers: “The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha. Judicial Powers: NEW ALLIANCE COMMERCE COLLEGE. A money bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration. the Rajya Sabha is a weak House. Electoral Powers: The Rajya Sabha has some electoral powers also.

7. (ii) Power in respect of Creation or Abolition of an All India Service: The Rajya Sabha has the power to create one or more new All India Services.II SEM BCOM CONSTITUTION OF INDIA (a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution. 8. (b) Ratification of an emergency proclamation. (d) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney General of India. Two Special Powers of Rajya Sabha. (c) The charges against the Vice-President can be leveled only in the Rajya Sabha. a bicameral system may include two parliamentary chambers. It can do so by passing a resolution supported by 2/3rd majority on the plea of national interest. Such a resolution empowers the Union Parliament to legislate on such a state subject for a period of one year. CHANNARAYAPATNA Page 25 . The Rajya Sabha enjoys two exclusive powers: (i) The Power to declare a subject of State List as a subject of National Importance: The Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State List subject as a subject of national importance. In certain variations. Such resolutions can be repeatedly passed by the Rajya Sabha. the Rajya Sabha has been using its powers and functions in accordance with the provisions of the Constitution and performing its due role as the second House of Union Parliament. In a similar way. It is bicameral with two houses: Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Parliament of India is the supreme legislative body of the Republic of India. (c) Making any change in the jurisdiction of the Supreme Court and the High Courts. It has been less powerful than Lok Sabha but it has been not a very weak or insignificant House. Comptroller and Auditor General and Chief Election Commissioner. The NEW ALLIANCE COMMERCE COLLEGE. Position of the Rajya Sabha: A study of the powers of the Rajya Sabha leads us to the conclusion that it is neither a very weak house like the British House of Lords nor a very powerful house as the American Senate. Its position is somewhat mid-way between the two. Since 1950. (b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court. The Parliament is composed of the President of India and the houses. Bicameral system of legislature A bicameral legislature simply refers to a particular body of government that consists of two legislative houses or chambers. the Rajya Sabha can disband an existing All India Service. Miscellaneous Powers: The Rajya Sabha and Lok Sabha jointly perform the following functions: (a) Approval of the ordinances issued by the President. and (d) Making any change in the qualifications for the membership of the Lok Sabha and the Rajya Sabha.

is a bicameral legislature. if proposal is supported by a resolution of the legislative assembly concerned. the state legislative assembly has to pass a resolution demanding creation or abolition of the council. The Vidhan Parishad is the upper house and corresponds to the Rajya Sabha. NEW ALLIANCE COMMERCE COLLEGE. The Queen in England and the President in India are the constitutional heads. The Indian Constitution provides for a council of ministers to aid and advice the president in the exercise of his functions. which decides whether it will have a unicameral or bicameral legislature. a state legislature that has two houses known as Vidhan Sabha and Vidhan Parishad. provide for abolition of an existing legislative council or for creation of one where it does not exist. The will of the people as expressed through the parlia-ment. For every state. there are two Houses known as legislative council and legislative assembly. All executive action is taken in the name of the president of India in the case of the central government (or the governor in the states). which consists of Governor and one House or. In effect. All executive action taken in his name must be in accordance with the Constitution. Jammu and Kashmir. there is only one House known as legislative assembly. there is a constitutional head of the Government. In the remaining states. Maharashtra and Uttar Pradesh. Parliament may. Cabinet form of government at the Center and State Parliamentary democracy envisages a cabinet form of government with a president as a titular head (and a governor in the states) with responsibility of ministers to the parliament. It does not require any amendment to the Constitution. by law. The features of Cabinet System in India are summarized below : Firstly. The president can exercise these powers only upon the advice of the Prime Minister and his Union Council of Ministers. In India. The Parliament can then make it a law by passing it like any ordinary bill. The Constitution grants every state the right to create or abolish Legislative Council. Telangana. CHANNARAYAPATNA Page 26 . The position of the constitutional head is one of dignity but not of power. it is the council of ministers which is supreme in administering the subjects listed under Union responsibility and correspond-ingly so in the states. there is a legislature. According to Article 169 of the Indian Constitution. is executed through the ‘executive’ consisting of the political executive and the administrative bureaucracy. Karnataka. Andhra Pradesh.II SEM BCOM CONSTITUTION OF INDIA President in his role as head of legislature has full powers to summon and prorogue either house of Parliament or to dissolve Lok Sabha. Features Of Cabinet System In India The Cabinet system of Government in India that works on the basis of several broad principles. two Houses as the case may b In Bihar.The Vidhan Sabha is the lower house and corresponds to the Lok Sabha.

Thirdly. Fifthly. But the pleasure of the President is political rather than personal. If any policy or action of the Government is not supported by the majority in the House of People. In the constitution there is no mention of the cabinet. So long as the Prime Minister and the Council of Ministers enjoy the support of the majority in the Lower House of the Parliament. defend the government against opposition criticism. Differences between ministers are ironed out in the closed door meetings of the cabinet. In fact all ministers are important party leaders. The Cabinet is an extra-constitutional body. the Prime Minister and the Cabinet maintains a close and intimate relationship with the Parliament. the Government is obliged to vacate office. The Prime Minister and the Council of Ministers hold office during the pleasure of the President. CHANNARAYAPATNA Page 27 . the Prime Minister is not the President’s nominee but the nation’s choice. the President cannot withdraw his pleasure. the cabinet works on the principle of political homogeneity. For they all sail or sink together. Ministers take part in debates. an inner ring in the Council of Ministers. The Prime Minister and the Council of Ministers are collectively responsible to the House of People. Collective responsibility obliges the ministers to hold the same views and to champion the same policy. The Prime Minister is appointed by the President and all other ministers are appointed by the President on the advice of the Prime Minister. acts as the policy making part of the ministry. The 42nd amendment of the constitution has made it obligatory for the President to act only on advice. Powers of the Government are exercised in the name of the President but the President acts only on the advice of the Council of Ministers. This policy making part. The Prime Minister is often a member of the Lower House and the leader of the majority. The Prime Minister and the members of the Council of Ministers belong to the same party except in the rare instances of Coalition Governments. is known as the Cabinet. Secondly. In a real sense. The Cabinet consists of the Prime Minister and the senior ministers whom the Prime Minister includes in the Cabinet. pilot bills and make the Parliament pass desired legislation. the responsibility for the President’s action is of the Council of Ministers. in the cabinet system of government. Most other members of the cabinet are drawn from the majority party in the Lower House. It is because of this responsibility to the Lower House. NEW ALLIANCE COMMERCE COLLEGE. Fourthly. the cabinet government is also known as the responsible government. In public they must give the impression of solid unity. since the President acts only on advice given by the Council of Ministers.II SEM BCOM CONSTITUTION OF INDIA The governmental powers are exercised by a council of ministers headed by the Prime Minister.

The primacy of the Prime Minister is writ large everywhere. CHANNARAYAPATNA Page 28 . legislative. In the policy making his word is final. He is also the country’s top spokesman in foreign affairs. the powers and functions of the President of India in the light of the above discussion. all executive powers are vested in the hands of the President. 1. And the President rules the country on the advice of the Prime Minister and his colleagues. financial.. the States as well as to discuss the matters of the common interests between the Union and the States. the Chairman of the Finance Commission. The Prime Minister of India is appointed by the President. The Prime Minister may dismiss any inconvenient minister at any moment. he appoints Chief Commissioners and Lieutenant Governors of the centrally administered areas.  The President has been empowered to set up a Commission for the settlement of disputes relating to the supply of water between two or more States. the Comptroller and Auditor-General of India. judicial and emergency.  The President alone can remove the Council of Ministers. He is the head of the nation. the Election Commissioners etc.  According to the Constitution of India. Executive Power: The President of India is the head of the executive of the Union Government. is the Prime Minister’s Government. Therefore. All other ministers are appointed on his advice. The President also appoints other Ministers in consultation with the Prime Minister. as it is In Britain. The powers and the functions of the President of India may be classified under five heads.II SEM BCOM CONSTITUTION OF INDIA Finally. but does not govern the nation. all executive action is also taken in his name. Powers and Position of President of India In Indian Parliamentary practice. Powers: We shall now discuss in details. the cabinet government in India. the Governors of States and the Attorney-General for India. The President appoints the Governors of the States.  Moreover. He the leader of the Cabinet and the Council of Ministers. the President is the nominal executive or a Constitutional ruler. Our Union Council of Ministers headed by the Prime Minister is the real executive. Tie is the Principal channel of communication between the Cabinet and the President. and executive. the Judges of the Supreme Court and High Courts of the States. he can get any law passed. For this reason. the Constitution has authorized the President to establish an Inter-State Council to enquire into disputes that may arise between. With his assured majority in the Lower House of the Parliament. He chairs the meetings of the Cabinet.  The Constitution of India empowers the President to appoint the important officers of the Union Government including the Attorney-General for India. He is also the leader of the Parliament. NEW ALLIANCE COMMERCE COLLEGE. He can exercise these powers either directly or through the subordinate officers. viz.  The President is responsible for the administration of the Union Territories.

CHANNARAYAPATNA Page 29 . This statement shows the estimates of revenue and expenditure of the central Government for the next year. He is an integral part of Indian Parliament. Emergency Powers: The President of India exercises extra-ordinary powers in times of emergency.  The President nominates two members to the Lok Sabha from the Anglo-Indian Community and twelve members to the Rajya Sabha from among the persons who have acquired special knowledge in art. It has the same force as the law or Parliament. He may also send messages to Parliament.  The President has the power of to summon and prorogue both the House of Parliament. Navy and the Air Force of the Union. it will cease to operate after six weeks of the date of meeting of Parliament. 2. No money bill can be introduced in Parliament without the recommendations of the President. the President shall have to give his assent. The three kind of Emergency situations are: NEW ALLIANCE COMMERCE COLLEGE.II SEM BCOM CONSTITUTION OF INDIA  The President of India is Supreme Commander-in-Chief of the Army. literature and social service. He can also dissolve the House of the People before the expiry of its term.  The Constitution of India empowers the President to deliver an address to the Parliament at the commencement of the first session every year. 4.  The President represents India in international affairs. science. pardons. Judicial Powers: The President of India grants.  When the Parliament is not in session.  The President also enjoys the diplomatic power.  According to the Constitution of India. Legislative Powers: The President of India also enjoys legislative powers. the President may issue an ordinance. He has the power to conclude treaties with foreign States. Parliament consists of the President and two Houses—the House of the people (Lok Sabha) and the Council of States (Rajya Sabha). But it must be placed before the Parliament when it again assembles. And the President can call a joint session of both Houses of Parliament to resolve a constitutional deadlock over a public bill. A bill passed by the Union Parliament is sent to the President for his assent. 5. If it is then approved by both the Houses of Parliament. He also receives the credential letters of the diplomatic representatives of other States. Financial Powers: The President of India also exercises financial powers. a public bill cannot become an act without the assent of the President. The President may give his assent to the bill or may withhold his assent from the bill or he may return the bill to Parliament for its reconsideration.  It may be pointed out that the proposal for taxation and expenditure cannot be made without the approval of the President.  In India. 3. He appoints the diplomatic representatives of India to the foreign States. If the bill is again passed by both Houses of Parliament. reprieves or remissions of punishment to any person who has been convicted by a Court of Law. He has the power to declare war. the Annual Financial Statement is placed by the President before both the Houses of Parliament.

This type of emergency may continue to remain in force for an indefinite period. All money-bills passed by the State Legislatures are to be reserved for the consideration of the President. 2. the executive power of the States is to be exercised in accordance with the directions given by the Central Government..  In short. Parliament has the power to make laws on the subjects enumerated in the State List. Thus the President is bound in every case to act on the advice of his Prime Minister and other Ministers who are responsible to the Lok Sabha and responsive to the public opinion. The maximum duration of this type of emergency is three (3) years. freedom to form association. 3. the President can declare a proclamation of the National Emergency (Article 352) only after receiving a written communication of the decision of the NEW ALLIANCE COMMERCE COLLEGE. During a Proclamation of National Emergency. armed rebellion or external aggression. etc.  For example. the President may assume to himself the executive powers of the State. CHANNARAYAPATNA Page 30 . CONSTITUTION OF INDIA Emergency due to armed rebellion or external aggression. During such an emergency. Financial Emergency. Position: Thus the President of India has been given wide and far-reaching powers which he enjoys both during normal and emergency times. Such a Proclamation of Emergency may remain in force for an indefinite period. Proclamation of National Emergency by the President of India: The President of India may issue a Proclamation of National Emergency when the security of India or any part thereof is threatened by war. freedom to practice and profession.II SEM BCOM 1. embodied in Article 19 shall remain suspended.  The Supreme Court through various decisions has upheld the position that the President is a constitutional head and as such he is as much bound by the advice of his Ministers during emergency as during normal times. But after the passing of the Constitution FortySecond (1976) and Forty-Fourth (1978) Amendment Acts. the powers really reside in the Ministry and the Parliament and not in the President as such. Failure of State Constitutional Machinery: In Case of failure of Constitutional machinery in a State. but at the same time strictly constitutional.  Today. the President of India is authorized to make a Proclamation to that effect. Emergency arising from the breakdown of constitutional machinery in a State. The powers of the legislatures of the State are to be exercised by the Union Parliament. The right to freedom of speech and expression. Proclamation of Financial Emergency by the President: The President may also issue a Proclamation of Financial Emergency if he is satisfied that the financial stability of India is threatened. the President of our Republic has become a Constitutional figurehead and nothing beyond that. President’s position is one of great authority and dignity. He has no discretion in our Parliamentary system of government. The Central Government may give directions to the States for canons of financial propriety.

In our coalition politics. • Dissolution of the Lok Sabha. He is expected to act with complete constitutional rectitude and impartiality. The Prime Minister can be a member of either the Lok Sabha or the Rajya Sabha. The President appoints the Prime Minister of India and on his advice. Powers and Functions of the Prime Minister: 1. the President of India is the symbol of national unity. who is the head of the State. and. the President has to be free from all political affiliations. 2. He acts as an advisor to the President and is the leader of the Council of Ministers. Allocation of Portfolios: It is an undisputed privilege of the Prime Minister to allocate portfolios to his ministers. These are: • Appointment of the Prime Minister. CHANNARAYAPATNA Page 31 . appoints the Council of Ministers. Any minister objecting to such an allotment invites the wrath of the Prime Minister and can get completely ignored from the ministry.  In short. mean that the President of India is a magnificent cipher or a mere rubber stamp. His position is distinct from that of the President of India. magnet of loyalty and apparatus of ceremony. After the appointment of Prime Minister. however. Formation of the Council of Ministers: The task of formation of the ministry begins with the appointment of the Prime Minister by the President. the President appoints all other ministers on the advice of the Prime Minister. Role and Position of President and Prime Minister Prime Minister The Prime Minister of India is the head of the executive branch of the Government of India. • Dismissal of the Union Ministry. However. The nation is expected to be benefitted by his wise leadership and constructive role.  It does not. the role of our President may become most crucial and decisive. Unlike the British Monarchy which is hereditary. The PM determines the strength of his ministry and selects his team of ministers. Which particular department is to be given to which minister is determined by him. most of the executive powers are exercised by the Prime Minister. there are some grey areas where the President may still have to use his own judgment and wisdom. As India follows a parliamentary system of government modelled after the Westminster system. • Seeking information on all matters of administration and legislation from the Prime Minister etc. NEW ALLIANCE COMMERCE COLLEGE. he can be removed from office by a process of impeachment.II SEM BCOM CONSTITUTION OF INDIA Union Cabinet. the President of our Republic is an elected Head of the State. If the President abuses his powers.  In some such situations.

Chairman of the Cabinet: The Prime Minister is the leader of the Cabinet. It is his responsibility to co-ordinate the activities of all the departments and to secure co-operation amongst all government departments. 8. Removal of Ministers: The Prime Minister can demand resignation from any minister at any time.II SEM BCOM CONSTITUTION OF INDIA 3. 6. that he commands act as a source of strength for his party as well as the nation. if any minister may fail to resign. He resolves all differences. and puts before the Cabinet the views of the President. Director of Foreign Affairs: As the powerful and real head of the government. Shashi Throor had to submit his resignation because PM Manmohan Singh had asked him to do so. of his own convey the decisions or reveal to the President the nature or summary of the issues discussed in the Cabinet. In fact all matters in the Cabinet are decided with the approval and consent of the Prime Minister. There is scope for deliberations and discussions but not for opposition. 9. He leads the nation both in times of peace and war. Chief Coordinator: The Prime Minister acts as the general manager of the state and the chief coordinator. the Prime Minister is also the leader of the Parliament. It is his privilege to shuffle and re-shuffle his ministry any time and as many times as he may like. Prime Minister is also the leader of the nation. Chief Link between the President and the Cabinet: The Prime Minister is the main channel of communication between the President and the Cabinet. However. Power to get the Parliament Dissolved: The Prime Minister has the power to advise the President in favour of a dissolution of the Lok Sabha. CHANNARAYAPATNA Page 32 . 4. Change of Portfolios: The Prime Minister has the power to change the departments (portfolios) of the ministers at any time. He decides the agenda of its meetings. This power of dissolution really means that the members hold their seats in the House at the mercy of the Prime Minister. Leader of the Parliament: As the leader of the majority in the Lok Sabha. It is up to him to accept or reject proposals for discussions in the Cabinet. and the latter has to accept the wishes of the former. All ministers conform to his views and policies. in consultation with the Speaker of this Lok Sabha. among the ministers. decides the agenda of the House. Role as the Leader of the Nation: Besides being the leader of his party and the Lok Sabha. 7. The summoning and the proroguing of Parliament is in fact decided by him and the President only acts upon his advice. the Prime Minister can get him dismissed from the President.The personality of the Prime Minister and the respect and love. He communicates to the President all decisions of the Cabinet. In April 2010 Mr. This is the sole privilege of the Prime Minister and no other minister can. NEW ALLIANCE COMMERCE COLLEGE. 11. In this capacity. He may or may not hold the portfolio of foreign affairs but he always influences all foreign policy decisions. 5. it is the PM who. the Prime Minister always plays a key role in determining Indian foreign policy and relations with other countries. 10. He presides over its meetings. General elections are fought in his name.

the steering wheel of government. leader of the Cabinet. Attorney-General. To deny any class of NEW ALLIANCE COMMERCE COLLEGE. The Prime Minister is the captain of the ship of state. religion or sex. All high ranking appointments and promotions are made by the President with the advice of the Prime Minister. The ministry-making is the sole right of the Prime Minister. Prime Minister is the centre of gravity and the foundation stone of the Council of Ministers. (b) The President of India always acts upon the advice of the PM: The President always acts upon the advice of the Prime Minister. yet he can neither be a dictator nor even behave like a dictator. class. Members and Chairman of Public Service Commission. 13. The President declares an emergency only under the advice of the Cabinet.II SEM BCOM CONSTITUTION OF INDIA 12. These appointments include Governors. leader of the majority. Hence. CHANNARAYAPATNA Page 33 . Position of the Prime Minister: (a) The office of PM is very powerful: A study of the powers and functions of the Prime Minister clearly brings out the fact that he holds the most powerful office in the Indian. Role of Prime Minister during an Emergency: The emergency powers of the President are in reality the powers of the Prime Minister. the Prime Minister of India enjoys a very strong position. and the moon amongst lesser stars. All decisions taken to meet an emergency are really the decisions of the Prime Minister. His office is a democratic office to which he rises only through an effective participation in the democratic process. As the head of the government. All the powers of the President. Auditor General. Adult franchise System Universal Adult Suffrage in India The right of the people to vote and elect their representatives is called franchise. The resignation or removal of the Prime Minister always means the resignation of the Council of Ministers. Ambassadors. the Prime Minister plays an important an powerful role in the Indian Political System. The President always acts in accordance with the advice of the Prime Minister. which in reality means the advice of the Prime Minister. both the normal powers and the emergency powers. Consular etc. (c) The PM cannot become a dictator: Undoubtedly. the key stone of cabinet arch. Power of Patronage: All important appointments are really made by the Prime Minister. The whole organisation and working of the Council of Ministers depend upon the Prime Minister. legislative and financial. Indeed the Prime Minister occupies a very powerful rather the most powerful position in India. Adult franchise means that the right to vote should be given to all adult citizens without the discrimination of caste. colour. It demands that the right to vote should be equally available among all. leader of the Parliament and the leader of the nation. are really the powers of the Prime Minister. He exercises real and formidable powers in all spheres of governmental activity—executive. The constitution assigns to the latter the role of being the chief advisor to the President.

according to which. Ambedkar found a like-minded colleague in Pt. Developments Leading to Adoption of Universal Adult Suffrage During the pre-independence era.” It was in 1928 when Dr B. the journey wasn’t easy. religion or financial status. They do so by electing their representatives who govern to serve and protect the interests of the people. only 13 per cent of Indian citizens used to enjoy the right to vote. Article 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.” As per this concept.— The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage. What does Universal Adult Suffrage mean? The Article 326 of the Indian Constitution grants universal adult suffrage. The demand for universal adult suffrage had been gaining momentum few decades prior to the independence. India has a democratic set up with all citizens having equal rights. Ambedkar appeared before the Simon Commission and insisted on incorporating universal adult franchise in the Constitution of India. or to vote a government out of power Universal adult franchise enables all citizens to be involved in the governance of their state.II SEM BCOM CONSTITUTION OF INDIA persons from exercising this right is to violate their right to equality. who also subscribed to his liberal views. This could have been farther from truth if the concept of universal adult suffrage was not adopted. As a promoter of political equality. NEW ALLIANCE COMMERCE COLLEGE. the system of adult franchise is the bedrock of a democratic system. every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence.R. that is to say. the right to vote is not restricted by caste. According to him. unsoundness of mind. People are called political sovereign because they possess the right to vote a government into power. However. The Motilal Nehru report was among the first proponent of “unlimited adult franchise and equal rights for women. shall be entitled to be registered as a voter at any such election. India managed to do away with the restrictions on the exercise of the vote for adults. elections were “a weapon in the hands of the most oppressed sections of society” and voting rights will give them the politico-legal equality. sex. crime or corrupt or illegal practice. race. Jawaharlal Nehru. CHANNARAYAPATNA Page 34 . every adult citizen is entitled to cast his/her vote in all state elections unless that citizen is “convicted of certain criminal offences” or “deemed unsound of mind.

” It also had a trickle-down impact on poverty alleviation. and subsequently enacted Representation of the People Act. the Indian National Congress called for political equality at the 1931 Karachi session. it eliminated untouchability and ensured equal opportunities for backward class people as well. Another significant transformation that has become evident over the years is the representation of backward sections in Parliament. directs. Election Commission of India The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. especially Dr B. Rajya Sabha. controls and supervises all elections to: NEW ALLIANCE COMMERCE COLLEGE. the poor found an opportunity to choose the political administrators and increase the scope of governance at a local level.The body administers elections to the Lok Sabha. Ambedkar. and the offices of the President and Vice President in the country. Besides achieving gender equality by giving women the right to vote. There were doubts in the minds of our constitution makers and the issue of adult franchise was debated in the Constituent Assembly by many senior leaders before it abolished all the previous restrictions and provided for universal adult suffrage. The party argued that it would be one of the crucial strides towards making the electoral process more participatory and inclusive. By allowing voting rights to all citizens. The concept of universal adult suffrage along with free and fair voting are looked upon as the “guarantors of minority rights. The direct outcome is prosperity at grassroots level and development of infrastructure.The Election Commission operates under the authority of Constitution. to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election. Importance of Universal Adult Suffrage The introduction of universal adult suffrage is considered one of the most important decisions that changed India for the better. The composition of the members of Parliament has changed to include individuals from those communities. CHANNARAYAPATNA Page 35 . state legislatures. who become the voice of the oppressed. Functions Conduct and Supervision of Elections: The Election Commission conducts. It provided the government with “unchallengeable legitimacy against any military intervention” or secessionist movements.II SEM BCOM CONSTITUTION OF INDIA Later. Granting voting rights to all is no mean achievement for the founding fathers of Indian Constitution. The Commission has the residuary powers under the Constitution.R.

Holding of by-elections: Whenever there is a mid-term vacancy in Parliament or State Legislature the Election Commission holds by-elections to fill up vacancies. The names of all eligible voters irrespective of their religion. the candidates can file their nominations. The Commission shall also try to photo-identity cards to the voters. for different political parties try all possible means to have their candidates elected. as the case may be. CHANNARAYAPATNA Page 36 . It ensures that Model Code of Conduct is followed by the political parties. NEW ALLIANCE COMMERCE COLLEGE. it has the power to cancel the elections of those booths and can order fresh re-poll in those booths. Quasi Judicial Functions: The Commission settles the disputes between the splinter groups of the recognized parties as its quasi-judicial jurisdiction. The announcement is followed by the publication of “The model code of conduct”. Electoral Rolls: The Commission sees to it that correct electoral rolls are prepared. State Legislative Assemblies and the Legislative Councils where it exists. sex or any of them. Even the Commission can cancel the election result of a constituency and order fresh pool. Appointment of observers: The Commission may appoint such number of poll observers which it considers necessary. Conduct of the Polls: Elections are hotly contested affairs. It also sends its opinion to the higher courts in relation to the cases of the persons found guilty of corrupt practices. Election Schedule: The election schedule is announced by the Election Commission through Press Conference. comes to the decision that the elections have been rigged at any polling booth. Staff Requisition: The Election Commission makes every effort for the smooth conduct of elections. for ensuring free and fair elections. who are otherwise not disqualified under any law must be registered as voters. The Commission also requests the President or the Governor. caste. race.II SEM BCOM     CONSTITUTION OF INDIA Lok Sabha and Rajya Sabha of Parliament. Cancellation of Polls: The Election Commission is responsible for holding elections. Peaceful and lawful conduct of polls depends very much on the joint endeavor of the State Government and the Election Commission. But if the Commission. The office of the President and Vice-President and All by-elections to Parliament and State Legislature. managing the voting fraudulently etc. rigging. on the basis of information and findings. The Election Commission has thus to be very vigilant in order to guard against malpractices including false voting. to make available such staff and army as may be necessary for the smooth conduct of the elections. booth jams. On publication of notification.

The Commission also advises the President about the disqualification of MPs and MLAs. Local vigilance also increases. Post Independence. Code of Conduct: The Commission formulates the code of conduct to be observed by the political parties and candidates in election period and maintains vigilance to ensure that those are strictly followed. Among the first tasks that India had to assume was the formulation and execution of the first five year plan in the fifties. for local problems are apt to receive urgent attention. There are several advantages of the Decentralization. CHANNARAYAPATNA Page 37 . NEW ALLIANCE COMMERCE COLLEGE. These are some of the tangible advantages of decentralization. Evolution of Panchayati Raj System in India The Community Development Programme On 15 August 1947. Decision-making being closer to the people. Media: The Commission also conducts briefings for the mass media during the election period. This certainly goes a long way towards maximising returns on every rupee spent on development. Disqualifying the Candidates: The Election Commission has the power to disqualify a candidate if he or she does not file election returns within a prescribed period. Media persons are allowed to get facilities to know the necessary information about the poll and counting.II SEM BCOM CONSTITUTION OF INDIA Recognition of Political Parties and Allotment of Symbols: It is one of the important functions of the Election Commission to recognize political parties both at the National and Regional levels and allot appropriate symbols to them. Core philosophy was overall development of rural areas and people’s participation. if they accept paid government assignments. vibrant local government is a means of political decentralization. India got an opportunity of redeeming the pledges made to the people during the long-drawn freedom movement. thereby reducing the room for corruption. Functions related to the Political Parties: The Commission also observes the conduct of registered Political parties. This also ensures more realistic programming. Panchayati Raj System Panchayati Raj System in India A strong. the first major development programme launched in India was Community Development Programme in 1952. decentralization ensures decision-makers more effective accountability to the governed.

a nationwide structure was started to be created. tehsil / taluka and village level. Below the BDO were appointed the workers called Village Level Workers (VLW) who were responsible to keep in touch with 10-12 villages. Balwant Rai Mehta Committee Report The Community Development Programme was formulated to provide an administrative framework through which the government might reach to the district. All the districts of the country were divided into “Development Blocks” and a “Block Development Officer (BDO)” was made in charge of each block. So. It’s failure was directly attributed to inadequacy of avenues of popular participation in local level programmes of rural development. the National Extension Services were started under which the entire country was divided into Blocks. the Balvant Rai Mehta Committee was appointed to study the Community Development Programmes and National Extension Services Programme especially from the NEW ALLIANCE COMMERCE COLLEGE. In 1957. Further. a nationwide structure was started to be created. So. This programme was not successful. Thousands of BDOs and VLW’s were trained for the job of carrying out array of government programmes and make it possible to reach the government to villages. Top authority was “Community Development Organization” and a Community Development Research Center was created with best academic brains of the country at that time. Thousands of BDOs and VLW’s were trained for the job of carrying out array of government programmes and make it possible to reach the government to villages. in 1953. Below the BDO were appointed the workers called Village Level Workers (VLW) who were responsible to keep in touch with 10-12 villages. These Blocks were envisaged as smallest division for development work. All the districts of the country were divided into “Development Blocks” and a “Block Development Officer (BDO)” was made in charge of each block.II SEM BCOM CONSTITUTION OF INDIA This programme was formulated to provide an administrative framework through which the government might reach to the district. This was the finding of the team for the study of community projects and national extension service under the chairmanship of Balwant Rai Mehta. The programme became an overburden on the Government. reporting in 1959. tehsil / taluka and village level. But this programme could not deliver the results. CHANNARAYAPATNA Page 38 . Top authority was “Community Development Organization” and a Community Development Research Center was created with best academic brains of the country at that time.

CHANNARAYAPATNA Page 39 . A Block may have several villages within it. Each district has one Zilla Parishad. The Balwant Rai Mehta committee recommended a 3-tier Panchayati Raj System which includes • Zila Parishad at the District Level • Panchayat Samiti at the Block/ Tehsil/ Taluka Level • Gram Panchayat at the Village Level Structure of the PRIs Though the basic structure of the PRIs is identical across the states of India. but Gram Panchayats are not necessarily co terminus with each village. Members of Panchayats: A. number of voters) a Gram is defined under the law with a specific geographical area. Panchayats in every state has its own characteristics and even election procedures to these institutions are at variance. it is described via different nomenclatures in different states. Presidents of all the Block Panchayats are also ex-officio members of the ZP.II SEM BCOM CONSTITUTION OF INDIA point of view of assessing the extent of people’s participation and to recommend the creation of the institutions through which such participation can be achieved. which may consist of a single village or a cluster of adjoining villages. Similarly Block Panchayats or Panchayat Samitis are co terminus with blocks of the said district. Zilla Panchayat: Each block Panchayat under a ZP elects one/two/three members directly (depending on number of voters within it). The Zilla Panchayat all perform the functions specified in Schedule III: NEW ALLIANCE COMMERCE COLLEGE. Depending on the size of population (as a matter of fact. A District Panchayat or Zilla Parishad is co terminus with the district. In some states the Member of Legislative Assembly (MLA) and Member of Parliament (MP) of the district/constituency are also ex-officio members Functions of the Zilla Panchayat – 1. Following were the landmark recommendations of the Balwant Rai Mehta Committee: Panchayati Raj Institutions should be composed of elected representatives and should enjoy enough autonomy and freedom.

the Zilla Panchayat shall perform such functions in accordance with guidelines or norms laid down for performance of such function.II SEM BCOM CONSTITUTION OF INDIA Provided that where the State Government or Central Government provide funds for the performance of any function specified in Schedule III. specially in lean season. in some states this is called Ward Sabha/Palli Sabha etc. In states like West Bengal. Gram Sabha: In most of the states. (iii) prevention of drilling of irrigation borewells in the vicinity of drinking water wells to ensure adequate drinking water. (ii) construction of underground water recharge structures to ensure availability of water in the drinking water wells. From each of these constituencies one member is elected. while in many other states it is around 3000 only. to make reasonable provisions within the area under its jurisdiction. B. namely:(i) establishment of health centres including maternity centres so as to cover the entire population within five years. Kerala etc. Body of these elected members is called the Gram Panchayat. CHANNARAYAPATNA Page 40 . 2. each constituency of the members of the Gram Panchayat is called the Gram Sabha and all the voters of the same constituency are members of this body. Size of the GPs varies widely from state to state. in respect of the following matters. Not withstanding anything contained in Sub-section (1) or Schedule I. a GP has about 20000 people on an average. GP pradhans are ex-officio members of the Block Panchayats. as per the norms laid down by the Government. In West Bengal it is called Gram NEW ALLIANCE COMMERCE COLLEGE. Block Panchayat or Panchayat Samiti: Each GP under a Block Panchayat elects one/two/three members directly to the Block Panchayat. it shall be obligatory on the part of the Zilla Panchayat so far as the Zilla Panchayat fund at its disposal will allow. (iv) drawing up a plain for social forestry development in each taluk and spending not less than such percentage of the District Plan allocation every year as may be specified by the Government from time to time. However. Gram Panchayat: A Gram as defined under the Act (meaning a village or a cluster of villages) is divided into a minimum of five constituencies (again depending on the number of voters the Gram is having). D. C.

fees. They can also raise revenue by imposing taxes. Under the Constitution there can be only three tiers of the Panchayat.II SEM BCOM CONSTITUTION OF INDIA Sansad (village parliament). • Apart from grants received from the government under the recommendation of the Finance Commission. Gram Sabha in West Bengal has a different meaning. • The functions of Panchayats are divided among different Committees (as ministries are formed in state and union governments). IAY etc. Panchayats receive schematic funds for implementation of schemes (MGNREGS. penalties etc. • To facilitate this. states are supposed to devolve functions to Panchayats (29 subjects as mandated) and also make funds available for doing these (as per State Finance Commission’s recommendations).). the number of which varies from state to state. Here all the voters of the Gram Panchayat as a whole constitute the Gram Sabha. CHANNARAYAPATNA Page 41 . analyses of GP’s performance etc. as per rule of the state. Panchayats in their respective areas would prepare plans for economic development and social justice and also execute them. taking the example of West Bengal. • One of the members remains in charge of each of such committees while the over-all charge rests with the chairperson of the Panchayat.) while in others dates are fixed by the Gram Panchayats. selection of beneficiaries for different social service programmes (Indira Awas Yojana (IAY). MGNREGS) of GP. The Gram Sabha is not a tier of the PR system. Annual Accounts and Annual report of the GP. Gujarat etc. It does not have any executive function and operates as a recommending body only. consideration of the Audit reports. Gram Sabhas hold meetings normally 2 to 4 times a year.). identification of schemes for preparation of Annual Plan for development programmes (e. Issues to be discussed in the meetings can be wide ranging but the essential agenda should include: Annual Action Plan and Budget. Pension Schemes etc. In some states dates of these meetings are fixed (Madhya Pradesh. NEW ALLIANCE COMMERCE COLLEGE.g. but can meet as and when necessary. Functioning of Panchayats • As per the Constitution. • Panchayats are supported by a host of other of officials. The diagram at the end of the note demonstrates the typical structure of the rural local governance system in India. BRGF. which are called Standing Committees/Sthayee Samitis/Upa Samitis etc.

both of them will get the same punishment without any discrimination. (v) Cultural and educational rights.II SEM BCOM CONSTITUTION OF INDIA UNIT 03: Fundamental Rights and Duties Fundamental Rights are most important characteristics of the Constitution. While these fundamental rights are universal. Sex or Place of Birth: The State cannot discriminate against a citizen on the basis of religion. This is necessary to bring about social equality. caste. If any of these rights is violated. The purpose of this right is to establish the rule of law where all the citizens should be treated equal before the law. (i) Equality before Law: The Constitution guarantees that all citizens will be equal before law. the individual affected is entitled to move the Supreme Court or High Court for the protection and enforcement of his rights. sex or place of birth. Right to Equality : Right to equality is very important in a society like ours. Caste. (iv) Right to freedom of religion. race. sex or place of birth. CHANNARAYAPATNA Page 42 . Fundamental Rights are considered to be essential for the proper moral and material uplift of people. race. (ii) Right to freedom. It means that everyone will be equally protected by the laws of the country. NEW ALLIANCE COMMERCE COLLEGE. The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) Right to equality. Race. (iii) Right against exploitation. It has five provisions (Articles 14-18) to provide for equality before law or for the protection of law to all the persons in India and also to prohibit discrimination on the grounds of religion. The rights are not absolute and can be curtailed during an emergency. No person is above law. It means that if two persons commit the same crime. These rights are fundamental in the sense that any law passed by the legislature in the country would be declared as null and void if it is derogatory to the rights guaranteed by the constitution. caste. and (vi) Right to constitutional remedies. the Constitution provides for some exceptions and restriction 1. (ii) No Discrimination on the basis of Religion.

it is really very unfortunate that despite constitutional provisions. However.II SEM BCOM CONSTITUTION OF INDIA Every citizen of India has equal access to shops. the President of India can confer civil and military awards to those who have rendered meritorious service to the nation in different fields. Padma Vibhushan. The civil awards such as Bharat Ratna. This provision is an effort to uplift the social status of millions of Indians who had been looked down upon and kept at a distance because of either their caste or the nature of their profession. a mother cleaning her child and a lady cleaning a toilet in the illustration? Why do people consider the cleaning of a toilet in a derogatory manner? (v) Abolition of Titles: All the British titles like Sir (Knighthood) or Rai Bahadur which were given to the British loyalists during the British rule. Scheduled Tribes and Other Backward Classes (OBCs). (iii) Equality of Opportunity to all Citizens in matter of Public Employment: The State cannot discriminate against anyone in the matter of public employment. CHANNARAYAPATNA Page 43 . Merits and qualifications will be the basis of employment. this social evil continues even today. places of public entertainment or in the use of wells. Paramveer Chakra. There is a special provision for the reservation of posts for citizens belonging to Scheduled Castes. This Right is stipulated under Articles 19-22. Can you find any difference when you see a nurse cleaning a patient. Do you know that these awards are not titles? Educational and military awards can be prefixed with one’s name? 2. Right to Freedom: Human beings definitely want and need freedom. tanks or roads without any discrimination. Ashok Chakra are conferred. The Constitution of India provides Right to Freedom to all its citizens. However. However. (iv) Abolition of Untouchability: Practising untouchability in any form has been made a punishable offence under the law. have been abolished because they created distinctions of artificial nature. All citizens can apply and become employees of the State. The following are the four categories of Rights to Freedom: I. there are some exceptions to this right. But. restaurants. You also want to have freedom. Six Freedoms: Article 19 of the Constitution provides for the following six freedoms: (a) Freedom of speech and expression (b) Freedom to assemble peacefully and without arms (c) Freedom to form Associations and Unions NEW ALLIANCE COMMERCE COLLEGE. Padam Bhushan and Padma Shri and the military awards like Veer Chakra. the State can make special provisions or concessions for women and children.

trade or business II. and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission. The citizens have been guaranteed the right against exploitation through Articles 23 and 24 of the Constitution. Protection in respect of conviction for offences: Article 20 of the Constitution provides for the protection in respect of conviction for offences. IV. Right against Exploitation: Have you ever thought how many ways exploitations take place in our society? You might have seen a small child working in a tea shop or a poor and illiterate person being forced to work in the household of a rich person. NEW ALLIANCE COMMERCE COLLEGE. These two provisions are: a. as soon as it is possible. Prohibition of traffic in human beings and forced labour: Traffic in human beings and begar and other similar forms of forced labour are prohibited and any breach of this provision shall be an offence punishable in accordance with law. in spite of this constitutional provision. III. no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. of the grounds for arrest and should be allowed to consult and to be defended by a legal practitioner of his or her choice. etc.: As the Constitution provides. Protection against arrest and detention in certain cases: It is provided in Article 22 that whenever a person is arrested. he or she should be informed. Also. Traditionally. the Indian society has been hierarchical that has encouraged exploitation in many forms. no one can be prosecuted and punished for the same offence more than once and can be forced to give witness against his or her own self. Prohibition of employment of children in factories. Which is why. But as shown in the illustration and as you also may have observed. Children are assets of the society. No one can be convicted for an act that was not an offence at the time of its commission. CHANNARAYAPATNA Page 44 . the Constitution makes provisions against exploitation. that India has been facing since ages. 3. This right aims at eliminating one of the most serious problems. child labour. Protection of life and personal liberty: As provided in Article 21. This malice can be eliminated by creating public opinion against it. the problem of child labour is still continuing at many places. no one can be deprived of his or her life or personal liberty except according to the procedure established by law.II SEM BCOM CONSTITUTION OF INDIA (d) Freedom to move freely throughout the territory of India (e) Freedom to reside and settle in any part of India (f) Freedom to practise any profession or to carry on any occupation. b. It is their basic right to enjoy a happy childhood and get education.

practice and propagation of religion: All persons are equally entitled to freedom of conscience and the right to profess. However. illegal and superstitious practices have been banned. Religious practices like sacrificing animals or human beings. But no person attending such an institution shall be compelled to take part in any religious instruction that NEW ALLIANCE COMMERCE COLLEGE. d. However. b.II SEM BCOM CONSTITUTION OF INDIA 4. financial. practise and propagate religion freely. In respect of the Right to freedom the Constitution makes the following four provisions under Articles 25-28: a. one of the objectives declared in the Preamble is “to secure to all its citizens liberty of belief. the proceeds of which are specifically used in payment of expenses the incurred on the promotion or maintenance of any particular religion or religious sect. Also. political or other secular activities related to religion. Similarly. (c) to own and acquire movable and immovable property. Christians and many other communities live together. morality and health. Right to Freedom of Religion: As you know. the State also has the power to regulate any economic. morality and health. it will not apply to an educational institution which is administered by the State but has been established under any trust which requires that religious instruction shall be imparted in such an institution. (b) to manage its own affairs in matters of religion. c. where Hindus. Freedom to manage religious affairs: Subject to public order. The State can also impose restrictions on this right on the grounds of public order. Besides the above stated restrictions. faith and worship”. certain inhuman. and (d) to administer such property in accordance with law. every religious group or any section thereof shall have the right (a) to establish and maintain institutions for religious and charitable purposes. Freedom as to attendance at religious instruction or religious worship in certain educational institutions: No religious instruction shall be provided in any educational institution wholly maintained out of State funds. the Constitution declares India as a ‘secular state’. Freedom of conscience and free profession. Muslims. for offering to gods and goddesses or to some supernatural forces are notpermissible. But this should not interfere with the religious beliefs and ways of worship of other fellow beings. Sikhs. But it allows full freedom to all the citizens to have faith in any religion and to worship. Since India is a multi-religion country. This freedom is available to the foreigners as well. it does not mean that one can force another person to convert his/her religion by force or allurement. the law does not permit a widow to get cremated live with her dead husband (voluntarily or forcibly) in the name of Sati Pratha. CHANNARAYAPATNA Page 45 . the way they like. It means that Indian State has no religion of its own. Freedom as to the payment of taxes for promotion of any particular religion: No person shall be compelled to pay any tax. Forcing the widowed woman not to marry for a second time or to shave her head or to make her wear white clothes are some other social evils being practised in the name of religion.

It is a major step NEW ALLIANCE COMMERCE COLLEGE. When any of our rights are violated. have the right to establish and administer educational institutions of their choice. Therefore. Since people take pride in their own culture and language. in granting aid to educational institutions. Right of minorities to establish and administer educational institutions: All Minorities. But in reality it is not so. It was a long standing demand so that all children in the age group of 6-14 years (and their parents) can claim compulsory and free education as a Fundamental Right. the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property would not restrict or abrogate the right guaranteed under that clause. we can seek justice through courts. orders or writs for the enforcement of Fundamental Rights. if they are violated. The State shall not. CHANNARAYAPATNA Page 46 . As we know the democracy is a rule of the majority. We can directly approach the Supreme Court that can issue directions. language or any of them. Encroachment or violation of Fundamental Right in our day to day life is a matter of great concern. they are just like guarantees. scripts. a special right known as Cultural and Educational Right has been included in the Chapter on Fundamental Rights. our Constitution does not permit the legislature and the executive to curb these rights. race. whether based on religion or language.II SEM BCOM CONSTITUTION OF INDIA may be imparted there or attend any religious worship that may be conducted there. In case of a minor. caste. In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority. Which is why. They are enforceable. 6 Right to Constitutional Remedies Since Fundamental Rights are justiciable. 7. as every individual has the right to seek the help from courts. culture and religion of the minorities becomes essential so that the minorities may not feel neglected or undermined under the impact of the majority rule. the consent of his/her guardian is essential for attending such activities. b. It provides legal remedies for the protection of our Fundamental Rights. languages and religions. Cultural and Educational Rights: India is the largest democracy in the world having diversity of culture. discriminate against any educational institution on the ground that it is under the management of a minority. Protection of interests of minorities: Any minority group having a distinct language. But the minorities are also equally important for its successful working. 5. Right to Education (RTE) The Right to Education is added by introducing a new Article 21A in the Chapter on Fundamental Rights in 2002 by the 86th Constitutional Amendment. 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. In Articles 29-30 two major provisions have been made: a. protection of language. script or culture of its own shall have the right to conserve the same. This is called the Right to Constitutional Remedies stipulated in Article 32. whether based on religion or language.

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forward in making the country free of illiteracy. But this addition remained meaningless, as it
could not be enforced until 2009 when the Parliament passed the Right to Education Act,
2009. It is this Act which aims at ensuring that every child who is between 6-14 years of age
and is out of the school in India, goes to school and receives quality education, that is his/her
right.
Fundamental Duties
After going through the Fundamental Rights, you must have observed and realized that in
return for every right, the society expects the citizens to do certain things which are
collectively known as duties. Some such important duties have been incorporated in the
Indian Constitution also. The original Constitution enforced on 26th January, 1950 did not
mention anything about the duties of the citizen. It was expected that the citizens of free
India would perform their duties willingly. But things did not go as expected. Therefore, ten
Fundamental Duties were added in Part-IV of the
Constitution under Article 51-A in the year 1976 through the 42nd Constitutional
Amendment. However, whereas Fundamental Rights are justiciable, the Fundamental Duties
are non-justiciable. It means that the violation of fundamental duties, i.e. the nonperformance of these duties by citizens is not punishable. The following ten duties have been
listed in the Constitution of India:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag,
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;
5. To promote harmony and the spirit of common brotherhood amongst all the people of
India and 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 environments including forests, lakes, rivers and
wildlife;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and not to use violence; and
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10. To serve towards excellence in all spheres of individual and collective activity. Besides,
a new duty has been added after the passage of Right to Education Act, 2009. “A parent or
guardian has to provide opportunities for the education of his child/ward between the age of
six and fourteen years.
Nature of Fundamental Duties
These duties are in the nature of a code of conduct. Since they are unjustifiable, there is no
legal sanction behind them. As you will find, a few of these duties are vague. For example, a
common citizen may not understand what is meant by ‘composite culture’, ‘rich heritage’
‘humanism’, or ‘excellence in all spheres of individual and collective activities’. They will
realize the importance of these duties only when these terms are simplified
Special rights created in the constitution for Dalits, Backwards, Women, Children and the
Religious and Linguistic Minorities.
DALIT AND ADIVASI RIGHTS INTIATIVE
The Indian Constitution banned the practice of untouchablity under Article 17 and the
Schedule Caste/ Schedule Tribes (Prevention of Atrocities Act), 1989 was introduced to
combat persecution and discrimination against Dalits and Adivasi (tribal) people. Despite the
existence of these strong legal provisions, Dalit and Adivasi populations have found it
virtually impossible to access their rights through the legal system. In this context, the Dalit
and Adivasi Rights Initiative provides legal aid and rights-awareness to members of Dalit
and Adivasi communities and uses the law to ensure that the violation of Dalit and Adivasi
rights are addressed through the legal system.
WHAT WE DO
This initiative works with the affected communities to set up legal aid centers in order to
increase access to justice for Dalit and Adivasi populations. A crucial element of our work is
creating awareness amongst these marginalized communities about their fundamental human
rights through training programmes and publications in vernacular languages on
Dalit/Adivasi rights and the law. Another significant component of this initiative is building
a network of Dalit/Adivasi lawyers, while simultaneously sensitizing the judiciary to the
needs and issues of populations marginalized by caste and tribal status. For this purpose, we
organize 10-12 training programmes annually, in different parts of the country, which
function as a forum for discussion, consultation, and sensitization.
This Initiative also files individual cases as well as public interest litigations in order to bring
litigation on Dalit and Adivasi issues into the mainstream. We provide legal expertise in
crisis situations by conducting fact-findings, rescues, and crisis-interventions in cases of
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atrocities. Our team has developed alliances with organizations, Schedule Caste/ Schedule
Tribe unions and grassroots organizations; has engaged in advocacy and campaigns; and is
part of the larger movement working for Dalit/ Adivasi rights in India.
ISSUES OF CONCERN
• The practice of untouchability and discrimination against Dalits/ Adivasis
• Unorganised labour (Migrant Labour, Bonded Labour & Child Labour etc.)
• Manual scavenging
• Dalit/ Adivasi women’s rights
• Protecting the rights of couples in inter-caste/ intra-gotra marriages
• Dalit/ Adivasi land rights
• Affirmative actions/ Protective Discrimination
• Special developmental schemes/ policies related to Dalit/Adivasi populations
MAJOR IMPACTS
The Dalit Rights Initiative at HRLN has been instrumental in bringing about some landmark
legal decisions on Dalit/ Adivasi rights, which have positively impacted the lives of
thousands of people around the country. Dalit populations are often forced into manual
labour and scavenging (disposing of human excrement, animal carcasses, etc.). A decision
passed by the Delhi High Court achieved significant results when the court directed the
government to improve the safety conditions of sewer workers in Delhi. This case, however,
also created a wider impact in the Dalit community, when the courts also directed that the
state should aim towards completely phasing out of the employment of persons to clean
sewers, on an emergent basis. (See: National Campaign for Dignity and Rights of Sewerage
and Allied Workers Vs. MCD & Ors.)
Another public interest litigation filed in the Orissa High Court challenged the inaction of the
Ministry of Forest and Environment and the Ministry of Tribal Affairs in implementing the
Scheduled Tribe and Other Forest Dwellers (Reorganization of Forest Rights) Act, 2006.
Our petition forced the authorities to pass orders in all pending applications under the Act
within 3 months and clarified that each order should be verbally communicated to every
applicant. (See: Digee Murmu Vs. Union of India)
Our team places particular emphasis on ensuring that the perpetrators of caste-based
atrocities are held accountable for their actions through the legal system. In a historic
judgment, the Giridh District Court granted life imprisonment with a cost of Rs. 25,000
seven persons responsible for killing a Dalit man. Such judgments set legal precedent and
send out a hard-hitting message that the judicial system will grant no impunity to
perpetrators
of
crimes
against
Dalits
and
Adivasis.
Our lawyers have filed a number of individual cases that have achieved significant largeNEW ALLIANCE COMMERCE COLLEGE, CHANNARAYAPATNA

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scale results. For example, one of the major forms of discrimination against marginalized
sections is the refusal of the police to lodge FIRs against upper-caste perpetrators. We have
intervened in many such cases, securing court directions for lodging FIRs and carrying out
investigations into cases of atrocities against Dalits/ Adivasis.
Constitution of India and Rights of Equality & Backward Classes
Backward Classes
The Central Government of India classifies some of its citizens based on their social and
economic condition as Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward
Class (OBC). The OBC list presented by the commission is dynamic (castes and
communities can be added or removed) and will change from time to time depending on
social, educational and economic factors. For example, the OBCs are entitled to 27%
reservations in public sector employment and higher education. In the constitution, OBCs are
described as “socially and educationally backward classes”, and government is enjoined to
ensure their social and educational development.
Until 1985, the affairs of Backward Classes were looked after by the Backward Classes Cell
(BCC) in the Ministry of Home Affairs. With the creation of a separate Ministry of Welfare
in 1985 (renamed as Ministry of Social Justice and Empowerment on 25 May 1998) the
matters relating to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBCs)
and Minorities were transferred to the new Ministry.
The Backward Classes Division in the ministry looks after the policy, planning and
implementation of programmes relating to social and economic empowerment of OBCs. It
also looks after matters relating to two institutions set up for the welfare of OBCs: National
Backward Classes Finance and Development Corporation (NBCFDC) and the National
Commission for Backward Classes (NCBC).
OBC Definition: What is Other Backward Class: The peoples economically & socially
backward other than SC, ST and FC are an Other Backward Class (OBC).
Who are the Other Backward Class: The peoples who belong to Backward Class (BC), Most
Backward Class (MBC) and Denotified Community (DCN) category in the respective Indian
states government’s criteria are grouped & called as Other Backward Class (OBC).
Backward class people is a collective term, used by the Government of India, for castes
which are economically and socially disadvantaged. They typically include the Other
Backward Classes (OBCs). According to “The Times of India” on 31 August 2010, even
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No citizen shall be discriminated against or be ineligible for any employment or office under the state on the ground of sex [Article 16(2)].” Article 340(2) states. The state shall not discriminate against any citizen of India on the ground of sex [Article 15(1)]. Traffic in human beings and forced labour are prohibited [Article 23(1)]. “A commission so appointed shall investigate the matters referred to them and present to the president a report setting out the facts as found by them and making such recommendations as they think proper. 3. on the other hand. CHANNARAYAPATNA Page 51 . The state is empowered to make any special provision for women. 4. In other words. fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and as to improve ‘their condition and as to the grants that should be made.II SEM BCOM CONSTITUTION OF INDIA after 17 years. consisting of such persons as he thinks. Constitutional Rights to Women: The rights and safeguards enshrined in the constitution for women in India are listed below: 1.” Women Rights in India: Constitutional Rights and Legal Rights The rights available to woman (ladies) in India can be classified into two categories. 2. this provision enables the state to make affirmative discrimination in favour of women [Article 15(3)]. Article 340(1) states. at most 7% of seats have been filled by OBCs. Obligation of the government: Under Article 340 of the Indian Constitution. This difference between proportion of different communities in higher educational institutions is mainly because of difference in primary school enrolment. are those which are provided in the various laws (acts) of the Parliament and the State Legislatures. namely as constitutional rights and legal rights. regardless of their 27% reservation. Political parties in India have attempted to use these communities as vote banks. ” The president may by order appoint a commission. The legal rights. it is obligatory for the government to promote the welfare of the Other Backward Classes (OBC). and the order appointing such commission shall define the procedure to be followed by the commission. The constitutional rights are those which are provided in the various provisions of the constitution. NEW ALLIANCE COMMERCE COLLEGE.

One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-D(4)]. 2. The state to secure for men and women equally the right to an adequate means of livelihood [Article 39(a)]. 8. paintings. 12. The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide [Article 243-T(4)]. 4. One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women [Article 243-T(3)]. 5. CHANNARAYAPATNA Page 52 . The state shall make provision for securing just and humane conditions of work and maternity relief [Article 42]. 9. 11. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any time after the marriage from women. One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women [Article 243-D(3)]. figures or in any other manner. It also covers women who have been/are in a relationship with the abuser and are subjected to violence of any kind—physical. 6.II SEM BCOM CONSTITUTION OF INDIA 5. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for commercial sexual exploitation. The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength [Article 39(e)]. It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)]. 7. Legal Rights to Women: The following various legislation’s contain several rights and safeguards for women: 1. verbal or emotional. writings. it prevents trafficking in women and girls for the purpose of prostitution as an organised means of living. 3. The state to secure equal pay for equal work for both Indian men and women [Article 39(d)]. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent representation of women through advertisements or in publications. In other words. NEW ALLIANCE COMMERCE COLLEGE. sexual. mental. 10. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation to protect women in India from all forms of domestic violence. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of the commission of sati and its glorification on women. 13.

Maternity Benefit Act (1961) regulates the employment of women in certain establishments for certain period before and after child-birth and provides for maternity benefit and certain other benefits. Minimum Wages Act (1948) does not allow discrimination between male and female workers or different minimum wages for them. CHANNARAYAPATNA Page 53 . 10. Family Courts Act (1984) provides for the establishment of Family Courts for speedy settlement of family disputes. cruelty and other offences. It also prevents discrimination on the ground of sex. in mines and factories and provides for their safety and welfare. Hindu Succession Act (1956) recognizes the right of women to inherit parental property equally with men. 20. It provided equal rights to Indian man and woman in respect of marriage and divorce. Employees’ State Insurance Act (1948) NEW ALLIANCE COMMERCE COLLEGE. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain specified grounds. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men and women workers for same work or work of a similar nature.M. 11. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994)prohibits sex selection before or after conception and prevents the misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide. 19. 8. Medical Termination of Pregnancy Act (1971) provides for the termination of certain pregnancies by registered medical practitioners on humanitarian and medical grounds. against women in recruitment and service conditions. Legal Services Authorities Act (1987) provides for free legal services to Indian women. kidnapping. 14. 12. 21. Muslim Women (Protection of Rights on Divorce) Act (1986) protects the rights of Muslim women who have been divorced by or have obtained divorce from their husbands. rape. 13. 16. The following other legislation’s also contain certain rights and safeguards for women: 1. arrest of woman by female police and so on. 7. 15. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of a person to maintain his wife. 9.II SEM BCOM CONSTITUTION OF INDIA 6. 18. Indian Christian Marriage Act (1872) contain provisions relating to marriage and divorce among the Christian community. Indian Penal Code (1860) contains provisions to protect Indian women from dowry death.M. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between 7 P. to 6 A. 17. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek the dissolution of her marriage.

National Commission for Women Act (1990) provided for the establishment of a National Commission for Women to study and monitor all matters relating to the constitutional and legal rights and safeguards of women. non-discrimination in educational spheres. Legal Practitioners (Women) Act (1923) 5. Plantation Labour Act (1951) 3. Hindu Adoptions and Maintenance Act (1956). and development of childhood. Bonded Labour System (Abolition) Act (1976) 4. Children rights under the constitution Children on account of their tender age and immature mind need special care and protection. Prohibition and Redressal).” The Supreme Court in its liberal interpretation of life and liberty as under Article 21 held that the term liberty not only includes liberty but also includes livelihood but also the right of human beings to live with dignity and that also includes the right to education. They have certain special rights and legal entitlements that are being acknowledged nationally and internationally. Indian Evidence Act (1872) 11. Act (2013)provides protection to women from sexual harassment at all workplaces both in public and private sector. Socially and physically children are the weakest element of the society. Foreign Marriage Act (1969) 10. compulsory and free education and prohibition of their employment in factories. livelihood. Indian Divorce Act (1869) 7. by law determine.II SEM BCOM CONSTITUTION OF INDIA 2. Special Marriage Act (1954) 9. They have no say in any of the matters of evils like war or external debt. It has been rightly stated in the 1924 declaration of rights of the child (declaration of Geneva) that has now been used for all child causes “mankind owes to the chills the best it has to give”. 23. They are not responsible for many of the cases and do not deserve to suffer. Indian Succession Act (1925) 6. The constitution of India recognized the rights of children for the first time and included several articles dealing with their liberty. whether organised or unorganized. mines and hazardous industries. Sexual Harassment of Women at Workplace (Prevention. Children are the future. Parsi Marriage and Divorce Act (1936) 8. and therefore. By investing in them societies will have a bright future? Right to education Article 21-A of the constitution states that “right to education-the state shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the state may. CHANNARAYAPATNA Page 54 . NEW ALLIANCE COMMERCE COLLEGE. 22.

1956 is a law made by parliament under Article 35 of the constitution for the purpose of punishing acts which result in traffic in human beings. by a central enactment organized prostitution as a profession has been abolished all over the country and the running of brothels has been made an offence. The immoral traffic (prevention) Act.II SEM BCOM CONSTITUTION OF INDIA right to education is a fundamental right under the constitution. To ask a person to work against his will and not provide him remuneration can be a breach under Article 23 of the Constitution. CHANNARAYAPATNA Page 55 .etc. Traffic in human beings means to deal in men and women like goods. (2)Nothing in this Article shall prevent the state from imposing compulsory service for public purposes. letting for hire or otherwise disposing of.[6] Article 24-“prohibition of employment of children in factories.(1)Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. According to the penal code. Rights against exploitation Article 23 states that “prohibition of traffic in human beings and forced labour. 1986 NEW ALLIANCE COMMERCE COLLEGE. The Child Labour (Prohibition and Regulation) Act. caste or class or any of them. such as or to sell or let or otherwise dispose them of. or buying. 1976.No child below the age of fourteen years shall be employed to work in any factory or mine or be engaged in any hazardous employment” Child labour: Articles 23 and 24 of the constitutions determine the term “child labour”. The case of Mohini Jain case came to be fortified by the supreme courts subsequent constitution bench of Unnikrishnan’s case. race. It would include traffic in women and children for immoral or other purposes. selling. which held that right to education can be restricted to primary educational level and not to higher secondary level. or hiring or otherwise obtaining possession of any girl under the age of 18 years for the purpose of prostitution or for any unlawful or immoral purposes is also an offence. and in imposing such service the State shall not make any discrimination on grounds only of religion. In pursuance of Article 23 the bonded labour system has also been abolished and declared illegal by the bonded labour system (abolition) act. In no circumstances can a man be required to work against is will[5]. In 1958. The Indian penal code and the criminal procedure code have separate provisions prohibiting traffic in human beings.

Article 29 expressly forbids discrimination on grounds of race. primary education everywhere is given in the mother tongue.II SEM BCOM CONSTITUTION OF INDIA This act was enacted on 23rd December 1986 by the parliament and was enforced on 26th may 1993 by the central government. (v) To obtain uniformity in the definition of “child” in the related laws Rights of Minorities in Indian Constitution The Indian Constitution ensures “justice. those who haven’t completed their fourteenth year. CHANNARAYAPATNA Page 56 . social. India is a country of diverse cultural groups and She is keen to preserve her cultural diversity.. The act was ineffective for over 8 years due to the inactiveness of the state and central government. Article 29 give the religious and linguistic minorities right to establish and manage educational institutions of their own. The Indian constitution enshrines various provisions for the protection of the rights and interest of the minorities. The object of the act is (i) Ban on the employment of children i. (iv) Lay down enhanced penalties for employment of children in violation of the provisions of this act. It may be noted that there are over 20 official languages in India. (iii) Regulate the conditions of work of children in employment where they are not prohibited from working. caste. Thus for example. The Indian Constitution has adopted measures for the protection of the rights of the religious and ethnic minorities and of the socially and economically disadvantaged classes such as the scheduled castes and scheduled tribes. Firstly. (ii) Lay down a procedure to decide modifications to the schedule of banned occupation and processes. No particular religion or the religion of the overwhelming majority. Hindi is made the official language of India. Indeed. has been made the religion of the state. and other acts which forbid the employment of the children. This means that the doors of all educational institutions run by government or NEW ALLIANCE COMMERCE COLLEGE. in specified occupations. even though. economic and political” to all citizens.e. in admission to educational institutions run by the state or receiving aids from the state. religion. language. Secondly. The minorities have been given the unrestricted rights to promote and preserve their own culture. India declares herself a secular state. Thirdly.

The state regulates the practice of a religion only when and to the extent it disturbs public peace. CHANNARAYAPATNA Page 57 . Linguistic.II SEM BCOM CONSTITUTION OF INDIA receiving funds from the state are open to all groups of Indians. This means that in matters of public employment. Finally. all Indians are placed on a footing of equality. caste or language etc. This article of the Indian constitution ensures that the members of the religious minority community have the unhindered right to follow their own religion. The minority not only has the right to follow their own religion. The minorities have been given the right to establish and administer educational institutions of their choice. Article 25 of the Indian constitution guarantees freedom of religion to every individual. The state also cannot discriminate against educational institutions established and managed by the minorities in matters of granting aids. the minorities of all kinds have very secure rights in India which must be a matter of envy to the minorities elsewhere. religion. Forcible conversion is forbidden because it transgresses the individual’s freedom of conscience. Article 30 is vital to the protection and preservation of rights of the minorities. no discrimination shall be made on grounds of race.” Article 16 guarantees that in matters of public employment. NEW ALLIANCE COMMERCE COLLEGE. they also have the right to propagate it. religious or ethnic minority students cannot be denied admission to such educational institutions. But the state certainly does and should regulate conversion through force or temptation. Every citizen of India will get equal employment opportunity in government offices. Such educational institutions however must receive state recognition. The state educational authorities have the right to regulate such educational institutions because the “right to manage does not include the right to mismanage.On the whole.

They are basic conditions for the fullest development of personality. whichever may be appropriate for the enforcement of any of the rights conferred by” fundamental rights. Writs in Indian Constitution The Indian Constitution empowers the Supreme Court and High Courts to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution.II SEM BCOM CONSTITUTION OF INDIA UNIT 04 Enforcing rights through writs Article 32 of the Indian constitution provides for constitutional remedies against the violation or transgression of fundamental rights. The writ is a NEW ALLIANCE COMMERCE COLLEGE. This is a writ or legal action which can be used by a person to seek relief from illegal detention. c) SC writs are under Article 32 which in itself is a fundamental right thus SC cannot refuse to exercise its writ jurisdiction. The writ issued by Supreme Court and High Court differs mainly in three aspects: a) The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a High Court can issue writs for enforcement of fundamental rights along with “ for any other purpose” (refers to the enforcement of any legal right). Quo warranto and criterion. The Supreme Court thus is constituted into a protector and guarantor fundamental rights. Clause 2 of Article 32 provides that. The right to constitutional remedy is itself a fundamental right. “The Supreme Court shall have the power to issue directions or order or writs including the writs in the nature of habeas corpus. Whereas article 226 is discretionary thus HC can refuse to exercise its writ jurisdiction. The fundamental rights are of highest importance to the individuals. The citizens are given the right to move—the Supreme Court in case of transgression of fundamental rights. Ambedkar. CHANNARAYAPATNA Page 58 . Types of writs: • Habeas Corpus Habeas corpus is a Latin term which literally means "You may have the body". b) SC can issue writ against a person or government throughout the territory whereas High Court can issue writs against a person residing or against a government located within its territorial jurisdiction or outside its jurisdiction only if the cause of action arises within the territorial jurisdiction. mandamus. Article 32 which was referred to “as the very soul of the constitution” by Dr. prohibition. The concept of writ of habeas corpus has originated from England. provides for constitutional remedies.

Such a court. tribunal or officer. There should be court. But despite the fulfillment of such conditions. It is issued by the higher court to the lower court either to transfer the case pending with the latter to itself or to squash the order already passed by an inferior court.II SEM BCOM CONSTITUTION OF INDIA direction of the Court to a person who is detaining another. commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. a. b. to secure release from confinement of a person unlawfully detained. • Mandamus The Latin word 'mandamus' means 'we command'. it is an order directing the performance of ministerial acts. where it has no jurisdiction to try. NEW ALLIANCE COMMERCE COLLEGE. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. tribunal or officer must have passed order acting without jurisdiction or in excess of the judicial authority vested by law in such court. Usually. 4. A ministerial act is one which a person or body is obliged by law to perform under given circumstances. tribunal or quasi judicial authority. A writ of habeas corpus has only one purpose: to set at liberty a person who is confined without legal justification. After the issue of this writ. or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case. Prohibition The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. proceedings in the lower court etc. the person who secures liberty through the writ may proceed against the wrong . Similarly. an appointing authority should issue a letter of appointment to a candidate if all the formalities of selection are over and if the candidate is declared fit for the appointment. the aggrieved person has a right to seek the remedy through a writ of 'mandamus'. if the officer or the authority concerned refuses or fails to issue the appointment letter. If the detention is proved unlawful. 3. The writ does not punish the wrong-doer. Certiorari means to be certified. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case. CHANNARAYAPATNA Page 59 . Certiorari Literally.doer in any appropriate manner. The writ is issued not only against authorities of the State but also to private individuals or organizations if necessary. come to a stop. The writ of 'mandamus' is an order of the High Court or the Supreme Court commanding a person or a body to do its duty. For instance. a licensing officer is obliged to issue a license to an applicant if the latter fulfills all the conditions laid down for the issue of such license. c. tribunal or an officer having legal authority to determine the question with a duty to act judicially. The conditions necessary for the issue of writ of certiorari. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court.

II SEM BCOM CONSTITUTION OF INDIA Difference between Prohibition and Certiorari: 1. It has been interpreted by judges to consider the intent of public at large. that the person who is the victim of the violation of his or her right should personally approach the court. not by the aggrieved party but by the court itself or by any other private party.Violation of religious rights or other basic fundamental rights Procedure of Filing PIL 1. NEW ALLIANCE COMMERCE COLLEGE. If a person has usurped a public office. It is litigation introduced in a court of law. means litigation for the protection of public interest. Public interest litigation is not defined in any statute or in any act. . For e. Public Interest Litigation is the power given to the public by courts through judicial activism.Content or conduct of government policy . the writ of certiorari can be resorted to only after the order or decision has been announced.g. constructional hazards etc. In simple words. The writ requires the concerned person to explain to the Court by what authority he holds the office. such as pollution.Violation of basic human rights of the poor . the main and only focus of such litigation is only "Public Interest" there are various areas where a Public interest litigation can be filed. . litigation filed in a court of law. for the exercise of the court's jurisdiction. Make an informed decision to file a case. Prohibition can be issued only against judicial and quasi judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals. Road safety. means. for the protection of "Public Interest". Public interest litigation:In Indian law. CHANNARAYAPATNA Page 60 . Although. • Quo Warranto The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age. 2. the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. It is not necessary. While the writ of prohibition is available during the pendency of proceedings. Terrorism.Compel municipal authorities to perform a public duty.

Articles 36-51 of the Indian constitution constitutes the Directive Principles of State Policy which contain the broad directives or guidelines to be followed by the State while establishing policies and laws. An adverse decision can affect the strength of the movement. iii. v. Maintain records in an organized fashion. If you are unregistered. 3. The legislative and executive powers of the state are to be exercised under the purview of the Directive Principles of the Indian Constitution. iv. Retain bills. Litigation can take away decision making capability/strength from communities. Directive Principles of State Policy Part IV. Write to the relevant authorities and be clear about your demands. Litigation involvement can divert the attention of the community away from the real issues. Consult a lawyer on the choice of forum. You may have to issue a legal notice to the concerned parties/authorities before filing a PIL. Engage a competent lawyer. If you have taken the decision i. v. Be meticulous in gathering detail for use in the case. please file the PIL in the name of an office bearer/member in his/her personal capacity. Litigation can be time consuming. A PIL can be filed only by a registered organization. Be careful in filing a case because i.II SEM BCOM CONSTITUTION OF INDIA 2. Consult all affected interest groups who are possible allies. If you plan to use photographs. If you are handling the matter yourself make sure you get good legal advice on the drafting. NEW ALLIANCE COMMERCE COLLEGE. retain the negatives and take an affidavit from the photographer. Litigation can be expensive. iv. vi. iii. vii. CHANNARAYAPATNA Page 61 . Filing a suit against the government would require issuing a notice to the concerned officer department at least two months prior to filing. ii. viii. 4. Collect all the relevant information ii.

• Free legal advice for equal opportunities to avail of justice by the economically weaker section. Categories The Directive Principles are divided into the following three categories: Socialistic Directives: This part contains the directives for securing the welfare of the people of India. and to promote cottage industries. decent standard of life. and that is the overall development of the nation through guidelines related to social justice. • Prevent concentration of wealth in specific pockets through uniform distribution of the material resources amongst all the strata of the society. However. and the contributors to the Constitution were well aware of the ruined state of the Indian economy as well as the fragile state of the nation’s unity. • The State should strive towards removing economic inequality. • Maintain social order through social. the Directive Principles consist of the following guidelines for the States: • The State should strive to promote the welfare of the people. equal distribution of the material resources of the country protection of the fundamental rights of the children and youth. Thus they created a set of guidelines under the heading Directive Principles for an inclusive development of the society. economic welfare. secure living wage. Features In a nutshell. The Directive Principles are codified versions of democratic socialist order as conceived by Nehru with an admixture of Gandhian thought. Gandhian Directives: Under these directives are the guidelines for organising village Panchayat. Liberal Intellectual Directives: In this section there are guidelines for uniform civil code throughout the country and the legislatures to follow in issuing orders or making laws. to provide free and compulsory education to all children up to 14 years of age etc. education etc. • Protection of children against moral and material abandonment. • Equal work opportunity for both men and women. CHANNARAYAPATNA Page 62 . the Directive Principles cannot be enforced in a court of law and the State cannot be sued for non-compliance of the same. equal pay for equal work. • Prevention of child abuse and exploitation of workers. these ideals have not been made mandatory. and legal and administrative matters. This indeed makes the Directive Principles a very interesting and enchanting part of the Constitution because while it does stand for the ideals of the nation. economic and political justice.II SEM BCOM CONSTITUTION OF INDIA The Indian Constitution was written immediately after India obtained freedom. the Directive Principles contain the very basic philosophy of the Constitution of India. Inspired by the Constitution of Ireland. • To secure adequate means of livelihood for the citizens. foreign policy. NEW ALLIANCE COMMERCE COLLEGE. • Organisation of Village Panchayats which will work as an autonomous body working towards giving justice. prohibition of intoxicating drinks and cow-slaughter. • Removal of inequality in status and opportunities.

to education and to public assistance in certain Cases 42 Provision for just and humane conditions of work and maternity Relief 43 Living wage. as well as settlement of international disputes by arbitration. etc. CHANNARAYAPATNA Page 63 . Economic and educational upliftment of the SC and ST and other weaker sections of the society. • Preservation of the environment by safeguarding the forests and the wild life. Ensure proper working conditions and a living wage. disabled and old people. • Protection of monuments.. recreational drugs. The state should endeavour towards a uniform civil code for all the citizens of India. Promotion of cottage industries in rural areas. and cow slaughter. • Prohibition of alcoholic drinks. for workers 43A Participation of workers in management of industries 44 Uniform civil code for the citizens 45 Provision for free and compulsory education for children 46 Promotion of educational and economic interests of Scheduled Castes. places and objects of historic and artistic interest and national importance against destruction and damage. Scheduled Tribes and other weaker sections 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health 48 Organisation of agriculture and animal husbandry 48A Protection and improvement of environment and safeguarding of forests and wild life 49 Protection of monuments and places and objects of national Importance 50 Separation of judiciary from executive 51 Promotion of international peace and security NEW ALLIANCE COMMERCE COLLEGE. sick. • Promotion and maintenance of international peace and security. just and honourable relations between nations. Implementation of the Directive Principles List of the Directive Principles Article 36 Definition 37 Application of the principles contained in this Part 38 State to secure a social order for the promotion of welfare of the People 39 Certain principles of policy to be followed by the State 39A Equal justice and free legal aid 40 Organisation of village panchayats 41 Right to work.II SEM BCOM CONSTITUTION OF INDIA • • • • • • Assistance to the needy including the unemployed. respect for international law and treaty obligations. Free and compulsory education for children below the age of 14years.

direct its policy towards securing— (a) that the citizens. and endeavour to eliminate inequalities in status. 38. (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. 39A. social. 37. men and women equally. in particular. on a basis of equal opportunity.—The State shall. (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. unless the context otherwise requires. State to secure a social order for the promotion of welfare of the people. Equal justice and free legal aid. 41. and shall.II SEM BCOM CONSTITUTION OF INDIA 36.—The State shall secure that the operation of the legal system promotes justice. CHANNARAYAPATNA Page 64 . “the State” has the same meaning as in Part III. men and women. to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.—The provisions contained in this Part shall not be enforceable by any court.—In this Part. shall inform all the institutions of the national life.—The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. (2) The State shall. strive to minimise the inequalities in income. to education and to public assistance in certain cases. (e) that the health and strength of workers. Organisation of village panchayats. 39. (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. by suitable legislation or schemes or in any other way. not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. (d) that there is equal pay for equal work for both men and women. Definition. and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. provide free legal aid. within the limits of its economic capacity and development. Certain principles of policy to be followed by the State. facilities and opportunities.—The State shall. 40. make effective provision NEW ALLIANCE COMMERCE COLLEGE. in particular. Application of the principles contained in this Part. but the principles therein laid down 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. in particular. economic and political.— (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice. Right to work. have the right to an adequate means of livelihood.

43. in particular. conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and. Uniform civil code for the citizens. Provision for just and humane conditions of work and maternity relief. Protection and improvement of environment and safeguarding of forests and wild life. of cows and calves and other milch and draught cattle.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.—The State shall take steps. by suitable legislation or in any other way. 43A. Scheduled Tribes and other weaker sections.—The State shall endeavour to secure. sickness and disablement. agricultural. in particular. 47. the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.—It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest.—The State shall make provision for securing just and humane conditions of work and for maternity relief.—The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall. to education and to public assistance in cases of unemployment. and. Promotion of educational and economic interests of Scheduled Castes. 46.—The State shall promote with special care the educational and economic interests of the weaker sections of the people. Protection of monuments and places and objects of national importance. and shall protect them from social injustice and all forms of exploitation.II SEM BCOM CONSTITUTION OF INDIA for securing the right to work. etc. 49. establishments or other organisations engaged in any industry. by suitable legislation or economic organisation or in any other way. old age. industrial or otherwise..—The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. to all workers. Organisation of agriculture and animal husbandry. 48. 45. a living wage. 44. to secure the participation of workers in the management of undertakings. the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. in particular. in particular. of the Scheduled Castes and the Scheduled Tribes. 42. take steps for preserving and improving the breeds. Provision for early childhood care and education to children below the age of six years. 48A. and prohibiting the slaughter. Participation of workers in management of industries. CHANNARAYAPATNA Page 65 . work. and in other cases of undeserved want.—The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. declared by or under law made by Parliament to be of NEW ALLIANCE COMMERCE COLLEGE. Living wage.—The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. for workers.

removal. and (d) Encourage settlement of international disputes by arbitration. Development of constitutional law takes place when jurisprudential expansion of the contours of the rights enumerated in Part III of the Constitution and Part IV of the Constitution is undertaken. Hence they are personal and individualistic No legislation (laws) required for their implementation It is obligatory on the part of Courts to declare any law violative of Fundamental right as unconstitutional and invalid Directive Principles Positive in nature as it requires the state to do certain things Non-justiciable in nature i.—The State shall take steps to separate the judiciary from the executive in the public services of the State. 51. as the case may be. Jurisprudential development embodies evolving concepts like inter-generational equity in environmental laws. NEW ALLIANCE COMMERCE COLLEGE. Legislation (laws) required for their implementation It is not obligatory on the part of Courts to declare any law violative of Directive Principles as unconstitutional and invalid. matter can be taken to court for their implementation Aims to establish political democracy Have legal sanctions Promote welfare of individual. Since such jurisprudential expansion of law is an on-going process from time to time.II SEM BCOM CONSTITUTION OF INDIA national importance. we need to revisit constitutional values like welfare rights. matter can’t be taken to court for their implementation Aims to establish social and economic democracy Have moral and political sanctions Promote welfare of community.—The State shall endeavour to— (a) Promote international peace and security. the precautionary principle in environmental laws. (c) Foster respect for international law and treaty obligations in the dealings of organised peoples with one another. destruction. Hence they are societarian and socialistic.e. Separation of judiciary from executive. 50. disfigurement. That is the reason why we have selected the theme of this lecture to be “Reframing of Welfare Rights under the Indian Constitution”. (b) Maintain just and honourable relations between nations.e. the polluter pays principle in environmental laws and the bare minimum provision principle in resource allocation disputes (socio-economic rights). disposal or export. Difference between Fundamental Rights and Directive Principles of State Policy Fundamental Rights Negative in nature as it prohibits the state from doing certain things Justiciable in nature i. Constitution and Sustainable Development Constitutional Courts are forums of principles. from spoliation. modern ultra-vires doctrine based on rule of law. CHANNARAYAPATNA Page 66 . Promotion of international peace and security.

(iii) Problems in implementation of the above principles (a) Multiple definitions of the words “sustainable development”. Difficulties in ascertaining the substantial meaning of the words “polluters pay principle”. economic considerations may outweigh environment consideration and vice-versa. It incorporates the principles – “Polluters Pay” and “Precautionary” principles. Between 1927 (when the Indian Forest Act came into force) and 1980 (when the Forest Conservation Act came into force). Natural resources are brought into Article 21 by invoking the doctrine of Public Trust. It cannot be treated as an asset to be exploited by the Govt(s) for revenue purposes. these Acts give wide discretionary powers to the Authorities under the Act(s). The reason seems to be that although enactments like the Forest Conservation Act. Conflict arises – when principles intersect. though approach is present. It is important to note that when a right in the form of basic human value or where the concept is given recognition of a constitutional value. Substitution of “environmental capital” by “man-made capital” is impermissible once environment is read into Article 21. the question is – should it? How to balance these principles which intersect? (b) Are these “legal” or “political principles”? The Supreme Court has given legal recognition but problem is due to multiple definitions of “sustainable development”. as an aspect of doctrine of sustainable development. constitutional adjudication principles steps in which is much wider in its ambit as compared to norms under administrative laws. The Supreme Court of India may have the authority to give weightage to these considerations. 1986 nor the Forest Conservation Act. 1986 regulate human activities. If so. The object is to protect “nature” on whom our survival depends. This is what I call as “development of law”. “forests” were treated as assets to be exploited for revenue. Lastly. The doctrine of “sustainable development” is all about balancing of rights. Neither the Environment (Protection) Act. CHANNARAYAPATNA Page 67 . “precautionary principle”. 1980. These come under the doctrine of “sustainable development” which ensures inter-generational equity (better quality of life for present and future generations). 1980 provides for it. is no more a political principle but a constitutional principle in our jurisprudence. However. The consequence of such an interpretation is that absence of legislation is no hurdle. When have they to be applied? In some cases. Thus. 1980. (c) In most countries (except India). the Environment (Protection) Act. they are not recognized as legal principles. with the enactment of the Forest Conservation Act. I believe that “laws” constitute response to life. However. Courts should look at the above principles in the specific context. “forests” are to be preserved. According to WTO Appellate Tribunal.II SEM BCOM CONSTITUTION OF INDIA (ii) Sustainable Development Environment is a national asset. (d) The Threshold Test – when to apply the Precautionary Principle. whether a successful judicial review could be brought? The view in some of the countries is that these principles are to be kept in mind by the executive decision makers as the principles relating to environment should be the responsibility of the Executive and not the Courts and that judicial review should be left to extreme cases because the provisions of the NEW ALLIANCE COMMERCE COLLEGE. Its object is inter-generational.

(e) None of the Acts create criminal or administrative offences in relation to sustainable development. we must keep in mind the difference between judicial enforcement where the Court is the primary tool and the court’s supervisory role of administrative programmes. 1986 are symbolic or that these provisions be monitored through procedural requirement. In this connection. 1980 and the Environment Protection Act.II SEM BCOM CONSTITUTION OF INDIA Forest Conservation Act. CHANNARAYAPATNA Page 68 . The duties in the two Acts are directory NEW ALLIANCE COMMERCE COLLEGE.

But the validity of this ordinance is six months only and it has to be ratified by the legislature. Each and every bill proposed by the executive has to be initiated. reviewed. amended and voted upon in the legislature. Indian judiciary is an integrated and independent judiciary meaning Supreme court is at the helm of the judiciary and all other courts comes below the Supreme court and the Judiciary is independent of the executive and the legislature. So ultimately it is the legislature that decides which bills should be passed. These executives are drawn from the legislature. They are assigned the task of policy implementation. They are elected for every five years and hence called as Temporary Executives. Legislature : It is the policy making body of India. Hence they devised the principle of 'Separation of powers' among the three pillars of democracy  Executive  Legislature  Judiciary Executive : Prime Minister along with his council of ministers is called the Temporary Executives. discussed. CHANNARAYAPATNA Page 69 .II SEM BCOM CONSTITUTION OF INDIA UNIT 05 Separation of Powers in Constitution of India While framing the Indian constitution the Constituent Assembly was working meticulously to frame a system of Governance in which the powers conferred by the people won't be vested on a single person/institution. The Executive can bypass the legislature through Ordinance. Judiciary has the power to review any law passed by the Parliament and can declare a law null and void if it violates the constitution. staffs working under the government of India is called the Permanent Executives. NEW ALLIANCE COMMERCE COLLEGE. Civil servants and other officers. They implement the policies framed by the legislature. Judiciary : Judiciary is the adjudicating body.

newspapers. rests with parliament or state legislative assembly as the case may be per Article 245. land policies. economic and social planning. mineral and oil resources. terminal taxes. then the Council of States (Rajya Sabha) has to pass a resolution with 2/3rd majority that it is expedient to legislate on this state list in the national interest. CHANNARAYAPATNA Page 70 . banking. books and printing press. village administration. airways. adulteration of foodstuffs. Residuary Subjects The subjects that are not mentioned in any of the three lists are known as Residuary Subjects. shipping and navigation. contracts. High Courts and union public service commission. and 253 state situations in which the federal government can legislate on these items. atomic energy. war and peace. control of industries. arms and ammunition. regulation and development of mines. Uniformity is desirable but not essential on items in this list: Marriage and divorce. custom duties and export duties. telephones. Subject to the provisions of the constitution. The state legislature has exclusive power to make laws on these subjects. Uniformity is desirable but not essential on items in this list: maintaining law and order. income tax. Union List Union list consists of 100 items (previously 97 items) on which the parliament has exclusive power to legislate including: defence. the power to legislate on these. the legislation should be done by the Parliament under its constituent power per Article 368 with ratification by the majority of the NEW ALLIANCE COMMERCE COLLEGE. trade unions. Though states have exclusive powers to legislate with regards to items on the State list. duties of excise. trustees and trusts. In case the above lists are to be expanded or amended. police forces. electricity. citizenship. drugs and poisons. armed forces. etc. articles 249. estate duty. 252. insurance. foreign affairs. railways. 250. State list State list consists of 61 items (previously 66 items). labour welfare. But in certain circumstances. stamp duties. i. healthcare. corporation tax. taxes on capital value of assets. civil procedure. transport. education. currency.II SEM BCOM CONSTITUTION OF INDIA Legislative Powers The power of the states and the Centre are defined by the constitution and the legislative powers are divided into three lists. posts and telegraphs. foreign trade. contempt of court.e. audit of Government accounts. the parliament can also make laws on subjects mentioned in the State list. constitution and organisation of the Supreme Court. Concurrent List Concurrent list consists of 52 (earlier 47) items. bankruptcy and insolvency. inter-state trade and commerce. electricity in state. elections. transfer of property other than agricultural land. extradition. wireless and broadcasting.

or (b) prevent Parliament from conferring by law functions on authorities other than the President Executive power of State. the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law (3) Nothing in this article shall (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority. (2) Nothing in this article shall(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority. the Union Parliament may legislate on state subjects when a Proclamation of National emergency is in operation under Art. Thirdly. Firstly. the Parliament may legislate on state subjects on request by the legislatures of two or more states. the Parliament is competent to legislate on subjects in the state list for the implementation of international treaties. a agreements or convention with foreign states. Fourthly. or (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. 356. if the Rajya Sabha passes a resolution by not less than a 2/3 majority that it is necessary to do so in the national interest. Executive power of the Union (1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution (2) Without prejudice to the generality of the foregoing provision. NEW ALLIANCE COMMERCE COLLEGE. the constitution visualizes 5 extraordinary situations. under Art 253.(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. under Art 250. Over and above this. under Art 252. when a breakdown of constitutional machinery in a state occurs and there is a consequent President’s rule in state under Art. the powers of the State Legislature are exercised by the Parliament. when the Union Parliament will be competent to legislate on matters in the state list. Finally.[4] Federalism is part of the basic structure of the Indian constitution which cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court. CHANNARAYAPATNA Page 71 . The distribution of legislative powers by the constitution is heavily tilted towards the centre. Secondly.II SEM BCOM CONSTITUTION OF INDIA states. under Art 249. 352. the Parliament may legislate on any subject in the state list.

not less than 35 years of age. he can assume to himself all. illness or any other cause. The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence. He must be a citizen of India. makes recommendations for introducing financial and money bills and gives assent to bills. He may. and eligible for election as a member of the Rajya Sabha. or till the election of a new President (to be held within six months when a vacancy is caused by death. prorogues. NEW ALLIANCE COMMERCE COLLEGE. The President can proclaim emergency in the country if he is satisfied that a grave emergency exists. except when both Houses of Parliament are in session. To secure uniformity among state inter se. When there is a failure of the constitutional machinery in a state. and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. the Vice-President. or any of the functions of the government of that state. suitable weightage is given to each vote. The President must be a citizen of India. and the Union. Vice-President The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. resign his office. and qualified for election as member of the Lok Sabha. respites or remission of punishment or suspends. addresses. grants pardons. The President summons. whereby security of India or any part of its territory is threatened. by writing under his hand addressed to the Vice-President. and remits or commutes sentences in certain cases. His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution. His term of office is five years. President The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation. whether by war or external aggression or armed rebellion. as well as parity between the states as a whole. not less than 35 years of age. promulgates Ordinances at any time. by means of single transferable vote. and the Council of Ministers with the Prime Minister as the head to aid and advise the President. His term of office is five years. and he is eligible for re-election.II SEM BCOM CONSTITUTION OF INDIA Executive The Union executive consists of the President. His removal from office is to be in accordance with procedure prescribed in Article 67 b. Executive power of the Union is vested in the President. CHANNARAYAPATNA Page 72 . sends messages to Parliament and dissolves the Lok Sabha. reprieves. Supreme command of defence forces of the Union also vests in him. and he is eligible for re-election.

Decides on constitutional questions: The highest federal Court. it can also overrule such precedents. namely the Supreme Court. a suit is filed against the offender. 2. The Prime Minister is appointed by the President. who also appoints other ministers on the advice of Prime Minister. the dispute is brought to the federal Court who decides and acts as the guardian of the federal constitution. The judge hears both sides and decides whether there has been a break of the law. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them. the State of Madras. Golak Nath vs. The judiciary can follow precedents established in previous decisions. 3. makes new law. If there is any constitutional conflict or dispute between the Union and the States or among different States. In case of violation of law. 4. Making of new law: The judges. by way of interpreting the existing laws. decides constitutional questions. There are hundreds of such constitutional cases decided by the Indian Judiciary. The Council of Ministers comprises Ministers who are members of Cabinet. and thereby. Ministers of State (independent charge). Council of Ministers There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. The Council is collectively responsible to the Lok Sabha. Role and Functions of Judiciary in India The Judiciary in India performs various important role and functions which do not remain confined within the traditional jurisdiction of Civil and Criminal: 1. NEW ALLIANCE COMMERCE COLLEGE. Gopalan vs. CHANNARAYAPATNA Page 73 . Ministers of State and Deputy Ministers. Prevention of violation of law: In case of violation of law. State of Punjab are few examples. While so acting. he ceases to perform the function of the Chairman of the Rajya Sabha. the judiciary establishes justice by providing redress and punishing the offender. make new laws. In the United States the power of the interpretation is absolute as expressed in the words of Chief Justice Charles Evan Hughes: We are under a constitution but the constitution is what the judges say it is.II SEM BCOM CONSTITUTION OF INDIA resignation or removal or otherwise of President). But the Indian Court does not enjoy the vast power in this area. Interprets the constitution and Laws: In addition to adjudication. the responsibility of safeguarding and interpreting the constitution and law rests on the judiciary.

6. are performed by the judiciary. The Supreme Court of India enjoys limited power of judicial review in invalidating laws made by Parliament or State Legislatures. CHANNARAYAPATNA Page 74 . All the courts in the Union of India are under the control of the Supreme Court. If it appears that a question of law or fact has arisen. Appointments of officers and servants. NEW ALLIANCE COMMERCE COLLEGE. In India the judiciary has the power to issue writs in the name of habeas corpus. quo warranto and certiorari. And the decisions of the Supreme Court are binding on all other courts within the territory of India. In federal States this function is discharged by the application of the power of judicial review. Advisory function: The highest court of the country sometimes gives advices to the executive and the legislature on constitutional points. it protects the rights of the citizens and it acts as the interpreter and guardian of the constitution. Judicial System in India There is a single integrated judicial system in India. Judiciary not only administers justice. maintenance of records. Judiciary is a part of the democratic process. Immediately below the Supreme Court are the various High Courts and below them are be subordinate courts in each state. In many states the judiciary enjoys the power of judicial review by virtue of which the judiciary decides the constitutional validity of the laws enacted or of the decree issued.II SEM BCOM CONSTITUTION OF INDIA 5. The court can declare any law which transgresses a fundamental right as invalid. 8. it may be referred to the judiciary for its advice. Administrative functions: The judges perform certain executive functions. 7. Importance of the Judiciary: The importance of the judiciary in a democratic society can hardly be exaggerated. if sought for. Guardian of the constitution: The Judiciary is regarded as the guardian of the constitution. It can invalidate such laws and decrees which are not constitutional. Protection of fundamental rights: The Judiciary acts as a protector of rights of the citizens guaranteed by the law of the land and the constitution. Thus the Judiciary has advisory functions too. administration of staff etc. At the apex of the entire judicial system stands the Supreme Court of India. prohibition. It is organized on pyramidal form. Superintendence over lower courts is another function of the judiciary. mandamus.

3. It consists of one Chief Justice and twenty-five (25) other Judge. The Supreme Court has original. A Judge continues to remain in office till the age of 65 years. He may be removed by the President of the Republic on a report of Parliament on. Appellate. Writ Jurisdiction : The Supreme Court of India is the protector of the fundamental rights of citizens. The Government of India and one or more states or 2. Appellate Jurisdictions: When the matter is Constitutional. NEW ALLIANCE COMMERCE COLLEGE. if the disputes involves a legal right. CHANNARAYAPATNA Page 75 . certiorari. an appeal lies to the Supreme Court when the High Court certifies that the case involve a substantial question of law of general public importance. In criminal matters. The Union Government and any State or States on the one side and one or more States on the other.II SEM BCOM CONSTITUTION OF INDIA Supreme Court The Supreme Court is the highest judicial tribunal in India. It may issue writs in the nature of mandamus prohibition. They are appointed by the President of India. habeas corpus. an appeal lies to the Supreme Court when the High Court reverses the acquittal order of the lower court and sentences him to death. In civil cases. grounds of proved misbehavior or incapacity. Original Jurisdiction: The Supreme Court has exclusive original jurisdiction in any dispute between 1. and quo warrantor for the enforcement of the rights and liberties of the people. writ and Advisory Jurisdictions. Two or more states. an appeal lies to the Supreme Court when the High Court certifies that the case involves a substantial question of law as to the interpretation of the constitution.

Jurisdiction of High Court: Every High Court enjoys original jurisdiction with respect to revenue and its collection. The Supreme Court is the interpreter and guardian of the constitution of India.II SEM BCOM CONSTITUTION OF INDIA Advisory Jurisdiction Under the Constitution of India. patent-right etc. A Judges may be removed by the President of India on a report of Parliament. The Judges retire at the age of 62. High Courts The constitution of India envisages a High Court for each state. In its appellate Jurisdiction. Each High Court consists of a Chief Justice and one other Judges as the President of India may determine from time to time. cases of succession. copy right. And lastly. the Supreme court may grant special leave to appeal from the judgment of any court of India. The High Court is a court of record and its proceedings and decisions are referred to in future cases. divorce etc. The Judges are appointed by the president in consultation with the Chief Justice of India and the Governor of the concerned state. by law establish a common High court for two or more States. however. It can annual the unconstitutional laws and orders of the Union. the President of the Republic can refer to the Supreme Court any question of law or fact of public importance for its opinion. and the State Governments. A High Court supervises the working of all subordinate courts and frames rules and regulations for the transaction of business. CHANNARAYAPATNA Page 76 . Parliament may. income tax. NEW ALLIANCE COMMERCE COLLEGE. And the Supreme Court may report to the President its opinion thereon. it hears appeals from the lower courts in cases concerning salestax. A High court can issue writs for the enforcement of fundamental rights or for any other such purpose.

the Supreme Court occupies the highest place in our unitary judicial system. consistency and cohesion in the entire judicial system of the country. as far as possible. The Supreme Court has been equipped with enormous powers. Nyaya Panchayat or Munsiffs court) deals with minor cases while the higher courts (e. The lower court (e. An appeal may also lie to the High Court against the decisions of the District judge’s court or the Session Judge’s court. With this purpose in view. Again. Appeals lie to the higher courts from the lower courts. to ensure its independence and achieve the goal of ensuring justice. We have seen that its decisions and verdicts are binding on any court in India. if a High court is satisfied that a case pending in a lower court involves a substantial question of law as to the interpretation of the constitution.g. subordinate Judge’s court or District Judge’s court) deal with important cases.g. Powers and Functions of Supreme Court in India The role and position of the Supreme Court is vital in the judicial and political system of India. As a result. there are city civil courts and Metropolitan Magistrates courts. NEW ALLIANCE COMMERCE COLLEGE. The primary duty of the Supreme Court is to ascertain whether the laws are executed and obeyed properly and to see to it that no person is deprived of justice in any court of law. the Supreme Court acts as a great unifying force. By virtue of its place at the apex of the judicial pyramid. In a Presidency town.. In this connection. CHANNARAYAPATNA Page 77 . The courts are under the complete control of the High court.II SEM BCOM CONSTITUTION OF INDIA The High Court is empowered to interpret the constitution of India. it my dispose of the case itself. Attempt has been made. It can review the laws of the State Legislature and may declare them null and void if they go against the provisions of the constitution. there is a good possibility of integration. Subordinate courts There are subordinate courts below the High court in each state. we are to note that most of the Judges of the subordinate courts are appointed by the Governor in consultation with the High Court of the concerned State.

Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question. powers are divided between the Union and State governments. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. NEW ALLIANCE COMMERCE COLLEGE. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution. It interprets the constitution and preserves it.   First.II SEM BCOM CONSTITUTION OF INDIA Role and Functions The role and functions of the Supreme Court in our judicial and political system may be discussed under the following heads: As a Federal Court: Supreme Court is the Federal Court of India. As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. CHANNARAYAPATNA Page 78 . Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself. Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States. The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. an appeal shall lie to the Supreme Court for interpretation of the question of law raised. it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States. India being a federation. as the highest Federal Court. So. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens. Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President. Secondly.

If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights. and therefore. 3. CHANNARAYAPATNA Page 79 . This is known as the power of Judicial Review. NEW ALLIANCE COMMERCE COLLEGE. the Indian Constitution is the most elaborate Constitution of the world. These writs are in the nature of Habeas Corpus.II SEM BCOM CONSTITUTION OF INDIA In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. The Supreme Court of India enjoys limited power of Judicial Review. Federal Features of the Indian Constitution The Indian federal system of today has many such characteristics which are essential for a federal polity. If for any reason any organ of the State dares to violate any provision of the Constitution. 2. All the provisions of the Constitution concerning Union-State relations can be amended only by the joint actions of the State Legislatures and the Union Parliament. Prohibition. and Quo-warranto Certiorari. Mandamas. fulfils this basic requirement of a federal government. Written Constitution: The Indian Constitution is a written document containing 395 Articles and 12 schedules. Judicial Review empowers the courts to invalidate laws passed by the legislature. In fact. Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. the Supreme Court may declare that law as unlawful or unconstitutional. the courts of laws are there to ensure that dignity of the Constitution is upheld at all costs. Supreme Court of India also enjoys the power of Judicial Review. If any law is inconsistent with the spirit or letter of the constitution and if the government oversteps the legal bounds. Indian Supreme Court enjoys limited power of Judicial Review. Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The main federal features of the Indian Constitution are as follows: 1. Such provisions can be amended only if the amend-ment is passed by a two-thirds majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by at least one-half of the States. it is for the Supreme Court to see to it. Supremacy of the Constitution: India’s Constitution is also supreme and not the handmade of either the Centre or of the States. Rigid Constitution: The Indian Constitution is largely a rigid Constitution.

This requisite is evident in the Indian Constitution. there should be clear division of powers so that the units and the centre are required to enact and legislate within their sphere of activity and none violates its limits and tries to encroach upon the functions of others. including. posts and tele-graphs. The Seventh Schedule contains three Legislative Lists which enumerate subjects of administration. The Concurrent List embraced 47 subjects including criminal law. administration of justice. currency.. elec-tricity. State and Concurrent Legislative Lists. Independent Judiciary: In India. The residuary powers have been vested in the Central Government. viz. The State Governments have full authority to legislate on the subjects of the State List under normal circumstances. there are two governments—the national or federal government and the government of each component unit. trade unions. the more important of which are defence. bankruptcy. education. inter-alia public order. all the States have not been given equal representation in the Rajya Sabha. if it contravenes any provisions of the Constitution. the Rajya Sabha mainly consists of representatives elected by the State Legislative Assemblies. The State List consisted of 66 subjects. etc. The Constitution of India also provides for a bicameral Legislature at the Centre consisting of Lok Sabha and Rajya Sabha. Union. However. our judges are not remov-able by the Executive and their salaries cannot be curtailed by Parliament. marriage. economic and social planning. public health. agriculture etc. But in a unitary State there NEW ALLIANCE COMMERCE COLLEGE. While the Lok Sabha consists of the elected representatives of people. Bicameral Legislature: A bicameral system is considered essential in a federation because it is in the Upper House alone that the units can be given equal representation. the Constitution has provided for a Supreme Court and every effort has been made to see that the judiciary in India is independent and supreme. 6. In order to ensure the impartiality of the judiciary. 5. The Union List consisted of 97 subjects. railways. police. Dual Government Polity: In a federal State. etc. And both the Centre and the State can’t legislate on the subjects mentioned in the Concurrent List. foreign affairs.II SEM BCOM CONSTITUTION OF INDIA 4. The Supreme Court of India can declare a law as unconstitutional or ultra Vires. CHANNARAYAPATNA Page 80 . divorce. The Union Government enjoys exclusive power to legislate on the subjects mentioned in the Union List. Division of Powers: In a federation. 7.

The Indian Constitution is based on the principle that the executive power is co-extensive with legislative power. Center State Relation in India Center-State relations means the relations between Center and it’s units where there exist Federal System. 66 and 47 items respectively. finance). namely the national government. 1947. Police. The State legislation has exclusive powers power to make laws in respect of items in the State List. In January 1947. 2-Administrative Relations Article 256 to 263. as a federal system. Irrigation. identity politics. machinery OR on the time of Emergency. In the Constitution. outlining the scheme of distribution of powers between the Union Govt. and the provinces. can not legislate on the subjects of Union Govt. Criminal and Civil) consisting of 97. State List (eg. competing political interests. There are three types of lists in the Seventh Schedule of constitution. On the matter of Concurrent List both Union and State legislatures could legislate on its Items. India. seek to regulate administrative relations between the Union and the States. The Govt. caste and race. Jail.e. religion. Security. Law and order. with a central government and the Provinces deriving their jurisdiction and powers by direct devolution from the Crown. NEW ALLIANCE COMMERCE COLLEGE. Union Parliament have jurisdiction to make laws in regard to items in the Union List. Health) and Concurrent List (eg. State Govt. In the other words Union controlled the administrative system of the States. Education. Article 1 of Indian Constitution describes India as a “Union of State”. It is of great importance in a country like India constrained by regionalism.II SEM BCOM CONSTITUTION OF INDIA is only one government. war. If the subject of State list is National Interest OR If the state legislature wants the interference of Union OR on the failure of State Govt. demand for autonomy. Union Powers Committee (Nehru as Chairman) submitted its first report on April 17. justice. Gopal Krishna Gokhale was the first person who proposed for devolution of financial authority among Provinces under Decentralisation Commission in 1908. Union List (eg. but Union can make laws on State subjects in certain Circumstances. Marriges. of India Act 1935 proposed to set up a federal polity in India. penal code. has a Central and State Government. uneven development. which means that the Union executive/the state executive can deal with all matters on which Parliament/state legislature can legislate. So. the classification of Centre-State relation is inside the Three Points1-Legislative Relations Article 245 to 255 contain a charter of the distribution of legislative powers between the Union and the States. Like. post. CHANNARAYAPATNA Page 81 . Citizenship. i.

The Sarkaria Commission’s charter was NEW ALLIANCE COMMERCE COLLEGE. The duty of the Commission is to make recommendations to the President as to: (a) the distribution between the union and the states of the net proceeds of the taxes which are to be divided between them and the allocation between the states themselves of the respective share of such proceeds. Finance Commission One of the instruments which the Constitution has evolved for the purpose of distributing financial resources between the Centre and the states is the Finance Commission. for the welfare of the scheduled tribes and for providing facilities for instruction in mother tongue at primary stage to linguistic minorities. The top official of state i. The Centre can exercise control over state finances through the Comptroller and Auditor General of India and grants. The Chairman of 13th Finance commission is Vijay L Kelkar. Export duty. Centre provides the states various types of Grants-in-aid and Loans. Custom Duty).in. At present the 13th Finance commission is working. Production tax. appointed by Centre Govt. But during Financial emergency the President has the power to suspend the provision regarding division of taxes between the centre and the states. The Commission was so named as it was headed by Justice Rajinder Singh Sarkaria. During a proclamation of national emergency as well as emergency due to the failure of constitutional machinery in a state the Union government assumes all the executive powers of the state. The states can levy taxes on the subjects in the State list (Land. House. The Centre acquires control over states through All India Services. Sarkaria Commission Sarkaria Commission was set up in March 1983 by the central government of India. IAS and IPS. The Centre can issue directives to the state to ensure compliance with the laws made by Parliament for construction and maintenance of the means of communications declared to be of national or military importance.II SEM BCOM CONSTITUTION OF INDIA The executive power over subjects in the Concurrent list is also exercised by the states unless the Union government decides to do so. Parliament can levy taxes on the subjects included in the Union list (Income Tax. Vehicle. a retired judge of the Supreme Court of India. there are no taxes on the subjects in the Concurrent List. Agriculture Taxes. Ordinarily.e. The Finance Commission according to Article 280 of the Constitution is constituted by the President once every five year and is a high.power body. House tax).state river disputes. on the measures to be adopted for protection of the railways. (b) the principles which should govern the grants-in-aid of the revenues amongst the states out of the Consolidated Fund of India.aid and the fact that the Parliament can alone adjudicate in inter. The other two members of the committee were Shri B Sivaraman and Dr SR Sen. 3-Financial Relation Both the Union government and the states have been provided with independent sources of revenue by the Constitution. Sales. CHANNARAYAPATNA Page 82 . grants.

The Commission after conducting several studies.The same set of Articles (i. to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. 315 to 323 in Part XIV) of the Constitution also deal with the composition. The final report contained 247 specific recommendations.II SEM BCOM CONSTITUTION OF INDIA to examine the relationship and balance of power between state and Central governments and suggest changes within the framework of Constitution of India. holding discussions and after detailed deliberations submitted its 1600 page final report in January 1988. as the case may be. (3) The Union Public Service Commission or the State Public Service Commission. appointment and removal of members.State Public Service Commission in every state to conduct examinations for recruitment to state services and to advice the governor on disciplinary matters.e.(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively. •States should given the right to amend the Laws regarding State List. CHANNARAYAPATNA Page 83 . •There should be distribution of Income and Production taxes. promotions or transfers.Union Public Service Commission to conduct examinations for recruitment to all India services and higher Central services and to advise the President on disciplinary matters. The important recommendations are as follows:•There should be formed an Inter-State Council (according to article 263) to solve the Center State Problems.power and functions and independence of a Public Service Commission. NEW ALLIANCE COMMERCE COLLEGE. (2) It shall also be the duty of the Union Public Service Commission. Public Service Commission in India Articles 315 to 323 in Part XIV [1] of the Constitution of India provides for the establishment of Public Service Commission for the Union and a Public Service Commission for each State.. (b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments. eliciting information. shall be consulted(a) on all matters relating to methods of recruitment to civil services and for civil posts. •Discussion between State and Centre should be compulsory on making laws regarding Concurrent List. Functions of Public Service Commissions. if requested by any two or more States so to do.

out of the Consolidated Fund of the State. Sixth— regarding discipline and punctuality in government functions of paying compensation to a government employee if he suffers any problem or financial loss due to the negligence on the part of the government. Third—on all matters regarding the discipline and punctuality of the employees of all India Services. is its advisory power. in a civil capacity.S. or.II SEM BCOM CONSTITUTION OF INDIA (c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity. (d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State. CHANNARAYAPATNA Page 84 . promotion or transfer in all civil posts. including memorials or petitions relating to such matters. in a civil capacity. that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India. Second—the evaluation of the standard and efficiencies of the candidates for appointment.S. It can give advises to the President and the governors of any State of the following affairs.P. (e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State. as the case may be. matters related with the punishment measures of those employees who have violated discipline or of all matters related with the interest of the government employees working under the central government. Fourth—affairs related with the demands and benefits of employees working under the All India Civil Services and injured while on duty.       First—on all matters related with the appointment of the civil services of the governments. NEW ALLIANCE COMMERCE COLLEGE.C. Fifth—whether the payment or expenditure for any work of an employee of All India Civil Services will be borne by the consolidated fund of India.C) One of the most significant powers of the U. and any question as to the amount of any such award.P. Powers of Union Public Service Commission (U.