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COMPILED BY BHAT RAYEES SURSONA(MSC B.

ED PGDDM)

E BOOK FOR NAIB


TEHSILDAR EXAM
AS PER LATEST SYALLBUS
ISSUED BY JKSSRB BY BHAT
RAYEES SURSONA .

2018

EMAIL. BHATRAYEESSURSONA@GMAIL.COM CELL 8803505639


ACKNOWLEDGMENTS

My first thanks to Almighty Allah who gave


me good health, environment and opportunity
during the compiling of this book. I
gratefully acknowledge all authors of
various books , which has been used in the
present compilation. This book id dedicated to
my grandfather Haji Ghulam ahmad bhat and
my Maternal uncle Manzoor ahmad lone(HC
GAM KULGAM) Both had left for their heavenly
abode.
Any mistakes that may have cropped up
inadvertently and any suggestions , brought to the
notice of the compilor will be duely acknowledged.
This book is specially compiled for Naib Tehsildar and
patwar exam.And the content is compiled as per
syallbus issued by JKSSB during the month of
November. This book is free of cost and is prepared in
the interest of poor and destitute candidates, who cant
afford to buy lot of books for this exam.
Compiler of this book is not responsible for
authentication, error, etc of the content in the book.

Author can be contacted through fb page namely “

BHAT RAYEES SURSONA”


GOVERNMENT OF JAMMU AND KASHMIR, J&K
SERVICES SELECTION BOARD,
NOTICE

Subject:- Syllabus for the posts of Naib-Tehsildar and Patwari-regarding.


.

1. The syllabus for the multiple choice based written test for the posts mentioned hereunder is
enclosed as Annexure ‘A’.

2. The general guidelines for testing the “working knowledge of Urdu” are enclosed as
Annexure ‘B’.

3. The candidates will first appear in the MCQ based test. Only the candidates shortlisted on the basis of
the written test will be required to appear in the subsequent exam for testing the working knowledge of
Urdu.

4. The exam will conducted in the month of April, 2018 (Naib-Tehsildar) and February/March, 2018
(Patwari).

5. The written exam will be offline (OMR based) exam. There shall be negative marking ( 0.25 for each wrong
answer). The exam for testing working knowledge of Urdu will be computer based (Reading Section) and
descriptive (Writing Section).

6. The criteria for the overall merit shall be notified subsequently. However, the Urdu exam will be of
qualifying nature only.
Annexure - A

Sub: - Syllabus for Objective Type Written Test.


Time: 2 Hours
MM: 120

(I) Tenses
(II) Rearranging of jumbled sentences.
(III) Narration
(IV) Models
(V) Articles
(VI) Comprehension with blanks to be filled in
with Phrases, Pronouns, Homonyms /
homophones.
(VII) Clauses
(VIII) Synonyms and antonyms
(IX) Pairs of words and their use in meaningful sentences.
(X) Idioms and phrases.
(XI) Uses of Prepositions.

(i) Various sources of energy; conventional sources of energy; improvement in


technology for using conventional source of energy (Biomass and wind energy)
(ii) Non-conventional sources of energy (Solar energy,Tidal energy).
(iii) Solids, Liqids and Gases(Basics)
(iv) Vitamins- Dieases related to vitamin deficiency.
(v) AIDS-Causes and Prevention.
(vi) Environmental pollution.
(vii) Ecosystem – Its components, Food chains and Food webs.
(viii) Ozone layer, its depletion, Green House Effect.
(ix) Globalization/Liberalization
(x) Disaster Management
(xi) Inflation
(xii) Human Rights
(xiii) Panchayat Raj
(xiv) Indian Freedom Struggle (1857 Onwards)
(xv) United Nations Organization (Principal organs and their functions)
(xvi) SAARC/NAM

(i) Constitution of India with special reference to:-


a) Citizenship
b) Fundamental Rights
c) Fundamental Duties
d) Election Commission of India
e) Supreme Court
f) Centre-State relations
g) Article 370
(i) Legislature (Both Houses)-Composition and Election.
(ii) State Judiciary.

Unit-V GENERALKNOWLEDGEWITHSPECIALREFERENCETOJAMMU&KASHMIR(ObjectiveType) 25Marks


(i) Topography of J&K State.
(ii) Climates of
J&K
State:-
a) Temperate (Valley)
b) Arid (Ladakh)
d) Sub-Tropical (Jammu)

(iii) Historical places and monuments


(iv) Major River systems in J&K.
(v) Hydro-Power projects in J&K.
(vi) Tourist places in J&K.
(vii) Land Reforms.
(viii) Indus Water Treaty.
(ix) Wildlife sancturies/National Parks of J&K.
(x) Natural Resources of J&K.

Unit-VI MENSURATION (Objective Type) 15


Marks

a) Area of Triangle, Square, Rectangle, Rhombus, Trapezium, Circle, Right Circular Cylinder.
b) Volume of Cube, Cuboid, Sphere, Hemisphere, Cone.
c) Field Book/Units of Measurement of Land.
The exam intends to check the “working knowledge of Urdu” of the candidates. The same will be
tested through a Reading and a Writing test (total comprising of 100 marks in a duration of two
hours), to be conducted on the same day. The candidates belonging to ‘OM’ Category will be
required to score at least 40% marks(overall) in the said exam with at least 33% marks in both
Reading and Writing sections to be considered as having ‘ working knowledge of Urdu’ for the
purpose of this exam/qualified. The candidates belonging to other categories (except OM) are
required to score at least 35% marks (overall) with at least 33% in each Section. The test of
Reading Section will be computer based having multiple choices. There will be negative marking
(0.25 per question) in Reading Section for wrong answers.

Reading Section -50 Marks

1/- Candidates would be required to answer a total of 50 questions out of 5 given passages,
each carrying 10 questions of one mark each.

Writing Section – 50 Marks


Letter writing of minimum 150 words on a particular situation. -10 marks
One English passage to be translated into Urdu. -10 marks
One Urdu passage to be translated into English. -10 marks

One Essay of 300 words on any topic of social relevance. -10 marks
Ten sentences to be made on given words bringing out clear meaning of the words -10 marks
ENERGY
CONVENTIONAL SOURCE OF ENERGY.
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The invention of steam engine in 1780 brought about Industrial Revolution in Britain. In 1799,

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Volta invented the battery, the first source of electric current. In 1820, Michael Faraday
demonstrated a device—dynamo, for production of electricity using “dynamo” (electro-magnetic

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induction). Electricity generation using heat of steam marked the begin- ning of thermal power
production in the middle of 19th cen- tury.

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The demands on energy are increasing with progress in human civilization. The quality of life or
standard of living is linked with the quantum of energy consumption. In USA,

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per capita energy consumption is 200 million British Thermal Units, BTU (1 BTU = energy required

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to raise the temperature of 1 lb. of water by 1°F), 125 million BTU in UK, 50 million BTU in Japan
and only 5 million BTU in India. But generally much of the energy (about 60 per cent) is wasted.
Maximum wastage is observed in power plants and vehicles.

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The conventional energy resources are fossil fuel (coal, petroleum and diesel), wood, natural gas,

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hydroelectricity and nuclear energy. The energy, as consumed by man, is: 33 per cent from
petroleum and diesel, 27 per cent from coal and 5 per cent from nuclear fuels.

Coal

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Coal is substantially more abundant than oil or gas, the total reservoir being 7×1012 metric

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tonnes, which is equivalent to 5×1022 calories. This is 1000 times more than the total global
energy consumption from all fuels. The stock of coal is likely to last several centuries.

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The natural defect of coal is that it is a dirty fuel to burn. On combustion, it emits sulphur dioxide
which is an offensive gas, forms sulphuric acid in air and causes acid rain in far- away places. Thus,

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it poses environmental hazards (see acid rain in previous chapter). Excavation of coal from mines
is followed by soil subsidence (depression) which endangers the residential areas above the coal

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mines. Moreover, flyash arising from combustion of coal is a nuisance as solid waste which brings
about environmental problems. Also being a solid, coal is less convenient to handle than

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petroleum or natural gas.
In order to overcome these problems, the developed countries use less polluting forms of coal by

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transforming it into gaseous, liquid or low sulphur, low-ash solid fuel. In a typical case, high-grade
ash-free coal is produced as solvent- refined coal (SRC) by suspending pulverized coal in a solvent
and treating with 2 per cent of its weight of hydrogen at a pressure of 1000 pounds per sq. inch
and 450°C.
The product is a semi-solid, m.p. 170°C having a calorific value of 16,000 BTU per pound. This
compares well with the best-grade anthracite coal.
Thermal Power
Electricity is generated by combustion of coal in a furnace. This heat is utilised to produce steam
at high temperature and pressure. The latter is then used to run a steam turbine which is linked
with the generator producing electricity.
Thermal power stations are operated on the above principle by combustion of coal in a furnace.
Furnace
Thermal power contributes about 65,000 megawatts
(MW) of electricity i.e., 70 per cent of India’s power supply. Some of the major thermal power
stations of the National Thermal Power Corporation (NTPC) of India are at Singrauli and Rihand in
U.P., Talchar in Orissa, and Farakka in WestBengal. They are the sources of severe air pollution.
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Methanol, CH3OH

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It is a convenient liquid fuel which can be produced from coal. On a commercial scale, it is
produced by the reaction of carbon monoxide (CO) and hydrogen (H2) at 50 atmosphere

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pressure and 250°C in the presence of copper-based catalyst.
The reactants (CO and H2) are obtained from coal, oxygen and steam:

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CO + 2H2 CH3OH
(methanol)

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15 per cent methanol makes an excellent additive to gasoline which improves fuel economy and
also cuts down the emission of practically all automobile pollutants.
Petroleum or Mineral Oil

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The consumption of petroleum and natural gas is maximum in the developed countries and has
become the status symbol of a country. USA is the largest consumer of petroleum in the world
(about 80 per cent of total energy consumption in USA).

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The Industrial Revolution (1780) was initially fuelled by coal but later on preference was given to
oil and gas which provide cleaner fuels and easy transportation. The world reserve of petroleum is
about 800 billion barrels (1 barrel =

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31.5 gallons = 120 litres) which will last for less than 100

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years.
Hydroelectricity

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The output from hydroelectricity (electricity from water) accounts for 21 per cent of total

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electricity generation, which is less than that from thermal power but greater than that from
nuclear power. In Venezuela, South America, 10,000 mega-watts of hydroelectricity is produced
which is equivalent to the production of electricity from 10 thermal power plants. In India, if

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water resources are properly utilised, it may be possible to generate more than 10,000 megawatts

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of electricity. But at present, only 16 per cent or 6,500 megawatts of hydroelectricity is
generated.

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For generation of electricity from hydel project, it is nec- essary to utilise energy produced from
the descent of water from higher to lower level. In practice, a water reservoir is constructed by

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means of dam in a river for storage of water. Subsequently the stored water is released from
upper level into a water-driven turbine placed at a lower level (Fig. 2.10) whereby electricity is
generated. The hydel projects of Maithon, Panchyet and Jaldhaka are typical examples.
The merits of hydroelectricity are: (1) clean source of energy; (2) no emission of greenhouse
gases; (3) no consumption of fuel; (4) no need of high technology. But there are several
environmental issues—flora and fauna in the region are disturbed due to construction of dam;
local people become refugees as they are uprooted from their houses; the capacity of the
reservoir gets reduced due to siltation; occurrence of floods in the area when surplus water has to
be discharged in monsoon season. Hydroelectric dams are costly and take a long time for
construction. In order to make hydroelectricity generation viable, it is necessary to adopt a long-
term programme of afforestation, environmental
conservation, housing, public health and transport and ensure close co-ordination among these
departments.
Nuclear Power
It contributes only 5 per cent of total electricity generation. Nuclear power plants do not emit
polluting gases such as carbon dioxide, sulphur dioxide, like thermal power plants. But they have
some severe drawbacks, viz. they are costly and release large quantities of radioactive fission
products.The radioactive wastes remain lethal (deadly) for thousands of years and for this no

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foolproof disposal method has been devised. That is why big nuclear power projects have not

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succeeded in the long run.
In India, the production target was fixed at 10,000 megawatts by 2000 AD, but the actual

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production is much less in the nuclear power stations at Tarapur, Rajasthan and Chennai. Nuclear
power plants cannot match thermal power plants at present but in future, its unlimited resources

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will allow it to dominate the energy scenario when other energy resources are exhausted.
At present, nuclear fission is used to produce nuclear power. Heavy large atoms like Uranium and

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Plutonium split up into smaller atoms when bombarded by neutrons (nuclear particles with mass
1 and charge 0). This splitting or fission liberates vast amounts of energy, which through

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conventional techniques is converted into electricity. Thus nuclear power is generated.

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It has been calculated that 1 kg of Uranium-235 on a complete fission by slow neutrons releases
energy equal to
1.7 × 1013 calories. This means energy-wise, 1 lb. of Uranium- 235 ≡ 5 million lbs. of coal ≡ 20
million lbs. of T.N.T. (highly explosive chemical).
This is the secret of nuclear energy/power.
Wood
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Wood is a major renewable natural resource. The major important products are wood, paper,
cellophane, rayon, plywood, plastic, particle board, turpentine, methanol, etc. In USA, the

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production of wood and wood products is the fifth largest industry. Ideally, as in USA forests cover

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38 per cent. of the total land area; in India it has come down to about l5 per cent at present from
80 per cent, 2000 years ago.
It is interesting to compare between India and USA in respect of deforestation. In USA, the Sunday

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issue of the leading newspaper, New York Times consisting of 500 pages requires 25 hectares (1

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hectare = 2.5 acres = 7.5 bighas) of forest. According to an estimate, an American destroys as
much forest for his needs for paper as an Indian for his domestic fuel. The value of a 50-year-old

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tree has been estimated as about more than Rs 20 lakhs—the various functions of a 50-year-old
tree are roughly evaluated as follows:

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(i) Oxygen production (for 50 years) Rs. 2,50,000
(ii) Transformation into protein Rs. 20,000
(iii) Control of soil erosion and soil fertility Rs. 2,50,000
(iv) Recycling of water and control of humidity and atmospheric Rs. 2,50,000
temperature
(v) Habitat for birds and other animals and insects, etc. Rs. 2,50,000
(vi) Control of air and heat pollution
Total Rs. 5,00,000
Rs. 15,20,000
This estimate excludes the value of timber/wood for furniture, fuels, medicines, etc. which will be
an extra Rs. 3–4 lakhs.
Thus the tree, with its 50-year services as above, costs about Rs. 20 lakhs (1980 estimate) which at
present market prices will be around Rs. 40 lakhs. The public should be made aware of the value
of a tree and its services to man and environment during its life time.
In India, 76 per cent of population lives in villages— almost all of them use wood as fuel for
cooking. This is the main reason for extensive deforestation in rural areas: each
year we are losing about 1.3 million hectares forests. Deforestation helps increase in greenhouse
gas, carbon dioxide concentration. Hence for the welfare of the country as a whole, it is essential

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to minimise deforestation by adopting alternative resources of afforestation on a large scale to

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meet the needs of domestic fuel.
Natural Gas

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It is a better fossil fuel than coal and petroleum since on burning, it produces less carbon dioxide.

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For production of one unit of energy, mineral oil, coal and wood, on burning, produces
respectively 35 per cent, 75 per cent and 80–90 per cent more carbon dioxide than natural gas.

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Hence, natural gas is the obvious choice as a cleaner fuel. Its reserves, however, are limited and
can continue to feed only for the next 70–80 years. At present, in India the exploitable reserve of

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natural gas is about 700 billion cubic metres.
NON-CONVENTIONAL ENERGY RESOURCES
Solar Energy
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India, being a tropical country, is blessed with abundant sunshine, 2,000 kilowatt hour/sq. metre
(kWh/m2) per year for about 200–300 days in a year. The daily sunshine is between 5–7 kWh/m2.

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This is an enormous and model energy resource, which is clean, pollution-free and inexpensive. It

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requires to be converted into other forms of energy by suitable techniques—it can meet our
energy demands forever. The solar energy, incident on earth in one week, is equivalent to the

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energy from the entire coal reserve of the world. Again the solar energy available on earth for 45
minutes is enough to meet our energy demand for one year.

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However, the major problem is that sunlight is diffused (widespread) in nature and difficult to be
stored and utilized. But with advanced technology, the present high costs may be cut down so

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that solar energy can be utilized on a large
scale in future. At present, solar energy is ten times more expensive than thermal power. But

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with advanced technology, it will be cheaper and will hold the key to meet our energy demands

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in future.Sunlight may be directly converted into electricity through photovoltaic cell. The latter is
a device for conversion of light energy into electrical energy. The efficiency of conversion of light

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into electricity is only 18 per cent and it is expensive at current prices. We can use solar energy in
two ways: (1) use of solar heat and (2) use of solar electricity. Use of the former permits one to

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boil water or dry foodgrains. Accordingly, several gadgets have been produced such as solar
cooker (for cooking), solar dryer (for drying grains), solar water heater (for heating water), solar
distillation (for water purification), etc. Recently there have been extensive use of these solar
equipments in rural and semi-urban areas. By using the second method, i.e., solar cell, sun rays
are converted into electricity. Since these solar cells are made of silicon, these are called silicon
cells.The advantages of solar photovoltaics are that they can replace systems which use diesel and
they are free from chemical and noise pollutions. They could be installed in remote areas in
forests and deserts where installation of electric cables are cost-prohibitive.
Solar power, with government subsidy (Department of Non-conventional Energy Source (DNES),
Government of India) is being used in remote rural areas in West Bengal in the forms of solar
lanterns, solar streetlights and solar pumps (for irrigation). Solar powered small pumps are being
used in Delhi, Haryana and Himachal Pradesh. It is desirable to use solar cookers in villages on a
large scale so that extensive deforestation can be prevented. About 1 tonne of wood per head per
year can be saved by this process.
Figure 4.5 illustrates a detailed design for a solar heated house during winter in developed
countries like USA. In these countries, 20–25 per cent of fuel is consumed for providing hot water
to houses and buildings. Sunlight is collected on
plates in the roof and the heat is transferred to a circulating water system. An average house with
roof area about 1300 sq. ft. in central USA can get its energy supply for heating and hot water

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supply in December by this method. This may well apply to hill station houses in India in Jammu &

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Kashmir, Nainital, Mussoorie, Darjeeling, etc. in December–January.
illustrates the function of a solar cell. Light is absorbed in a plate, with the generation of positive

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and negative charges, which are collected at the electrodes on either side. The silicon solar cell,
developed for space programmes, consists of a sandwich of n-type and p-type silicon semi-

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conductors (e.g., silicon, germanium is a crystalline substance which is intermediate between a
metallic conductor on the one hand and non-conducting insulator on the other)—the charge

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separation is developed across the junction between them. p-type silicon conducts positive
charge while n-type silicon conducts negative charge. The silicon cell produces electricity but is

Biogas
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quite expensive since very high-grade crystalline silicon is required for the cell.

This offers an important solution to the present energy crisis in rural areas. Besides being an

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important domestic energy source, it offers an environmentally-clean technology. There is a vast
reserve of biogas in Indian villages. It is estimated that 1000 million tonnes of animal dung per

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year is available from 250 million cattle population. On an average 10 kg of wet dung is available

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per animal per day, which at 66 per cent collection efficiency, can yield 22,500 million cubic
meters of biogas through biogas plants. This can replace kerosene oil whereby 14,000 million

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litres of kerosene per yearcan be saved in villages. Besides, biogas slurries can produce 200 million
tonnes of organic manure per year which can be a good substitute for chemical fertilisers for

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agriculture.The composition of the biogas is: methane, carbon dioxide, hydrogen and nitrogen.

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The proportion of methane and carbon dioxide varies considerably as does the calorific value. At
40 per cent methane content, the calorific value is 3200 kcal/cubic metre, while at 50 per cent, it
is 4500 kcal/cubic metre.

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Wind Energy
This is a cheap and clean energy resource. India, with its climatic diversity, has areas which are

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quite windy. According to the Indian Meteorological Department, average annual wind velocity is

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6.5 metres per second at a number of places in peninsular India as also along the coastlines of
Gujarat, Western Ghats and parts of central India. Such velocities are available for 6–7 months in a
year.There are some limitations for setting up wind power mills or windmills. They require
locations where the wind velocity is at least 6.5 metres per second. In Denmark and Holland,
there are rows of windmills in extensive areas and these generate 50 megawatts of electricity. A
standard windmill produces 55 kilowatts of electricity daily. Windmills spread over extensive areas
on seashore or very high site present a beautiful scenery. Windmills prevent earthquakes where
continuous wind flow causes soil erosion. In Scotland, Wales, Sweden, Germany and USA many
windmills have been constructed for cheap generation of electricity.
The technology for harnessing wind energy has become commercial in some developed countries
but in India it is still in the preliminary stage. The Department of Non- conventional Energy
Sources, Government of India has installed several wind pumps with pumping capacity of 20 litres.
A windmill with a capacity to pump 400 litres of water per hour at a pumping head of 19 metres
has been installed. Prospective sites are in Gujarat and Orissa on the seacoast. A 100-km stretch
of coastline in areas having wind speed of10 km/hour from sea would lead to an installed capacity
of 5000 megawatts. Wind energy can be used advantageously in remote rural areas and would
help in saving fossil fuels.
Ocean and Tidal Energy
Ocean waves splash on ocean shores at tremendous speed-the mechanical energy in this process
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can be harnessed and converted into electrical energy. It has been found that in the middle of
North Atlantic Ocean, each wave per 1-metre height can generate 90 kW electricity whereas on

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the oceanshore the waves can generate 2 5-70 kW. During storm, the generation level can rise up

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to 5 megawatts. Lots of researches are on in this area in U.K., Canada, Norway and Japan.
In a large chamber, the seawater is enclosed by oscillating water column method. Ocean/sea

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wave enters the chamber through an inlet pipe and forces the enclosed water upward at terrific
speed-it will exert hydraulic pressure on enclosed air which in turn can rotate a turbine. Such

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method is expensive at present but it has immense potential which can be exploited in future with
advanced technology.
Tidal Wave
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Tidal wave can also be tapped for generating electricity. During flow tide seawater enters river-it

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is possible to store such seawater in a big tank and rotate turbines by the mechanical force in

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the process and generate electricity. It is necessary that about 3-5 metres high seawater through
flow tide enters the chamber. USSR (now CIS) and China have built small tidal power plants. In

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India, the probable sites for exploration oftidal energy are the Gulf ofKutchch and Cambay and
Sunderbans and also near Andaman, Nicobar and Lakshadeep islands. The sites should be

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within 20-30 km from the shore in order to facilitate power transmission to the islands.

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5 Geothermal Energy
The earth's core has a vast source of thermal energy,

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which has been tapped in many developed countries.In France and Hungary, hot water from hot
springs has been utilised for heating houses and agricultural farms. Italy is the pioneer in this field.

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Later on USA, Philippines, Japan and New Zealand have been working on the exploration of

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geothermal energy as an energy resource.During the oil crisis period in 1973, England developed
the technology for harnessing geothermal energy. If in many areas wells are dug about 5-km.

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deep, then geothermal energy may be exploited. With advanced technology, it may be possible to
generate electricity from geothermal energy in India and other developed countries.

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Energy Plantation
Energy Production from Wastes
Energy can be produced from wastes—agricultural, industrial and municipal wastes.
Agricultural wastes are mainly crop residues. They are dried and used as fuel. Straw, jute sticks
and other crop residues are burnt by villagers for cooking and partial boiling of paddy.
In certain industries, the waste materials can be utilised as a source of energy. Food processing,
jute, sugar, paper and textile industries are the major industries where the waste materials can be
utilised for the production of heat and electricity. Various processes have been developed for
effective use of bagasse, jute, cotton and paper industries for energy production.
Petro-crops: Some latex-containing plants like Euphorbias and oil palms are rich in hydrocarbons
and can yield an oil- like substance under high temperature and pressure. This oily material can
be burnt in diesel engines directly or may be refined to form gasoline.
Hydrogen Fuel
An attractive energy storage scheme is chemical storage in the form of H2. This gas is generated
directly by electrolysis of water (H2O), as shown in Fig. 2.15. Electricity is passed
between electrodes immersed in a conducting aqueous
solution. H2 is generated at the cathode and O2 at the anode.The energy stored in H2 can then be
reconverted into electricity using the reverse of the electrolytic cell called the fuel cell, as shown

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in Fig. 2.15. Here H2 is oxidised at the

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cathodes, where electrons are produced, and passed through
the circuit to the anode, where O2 is reduced. The overall efficiency of this conversion and

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reconversion is quite lower to various energy barriers connected with the electrode
processes. A lot of current electrochemical researches are

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centered on lowering these energy barriers.
The problem of energy transport would be solved to a large extent by the ability to store energy in

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the form of H2. H2 transport by pipeline is more efficient and less expensive than electrical
transmission over large urban centres. These considerations have given rise to the concept of the

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hydrogen economy (Fig. 2.16 in which H2 will be the main energy currency). It can be consumed

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directly for electrical generation and heating, and can be used to synthesize liquid
fuels by chemistry similar to that described for coal gasification.
Gasohol

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Gasohol blended with up to 20% methanol or ethanol is known as gasohol. This can be used as a
fuel in existing internal combustion engine, with little or no adjustment. Individually, methanol or

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ethanol itself can be used as fuel (instead of gasoline) in a suitable designed internally combustion
engine. Methanol is produced by the destructive distillation of wood, or from synthesised gas

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manufactured from coal or natural gas (Sec. 2.6.3).
Because of its photosynthetic origin, alcohol is a renewable resource.

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The manufacture of alcohol can be carried out by fermentation of sugar resulting from the

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hydrolysis of cellulose in wood wastes and crop wastes. Fermentation of these waste products
provides an excellent opportunity for recycling.
Brazil is the leading country in the manufacture of ethanol for fuel. This country possesses few

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fossil-fuel resources, but it provides optimum conditions for the growth of large quantities of

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biomass from the fermentation of sugarcane. In Brazil, a new abundant source of fermentable
biomass is Cassava or manioc, a root crop growing in large quantities throughout the country.

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ENVIRONMENTAL POLLUTION

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Man-made activities have caused environmental degradation. We have degraded lands, destroyed
forests at suicidal rates, thrown tonnes of toxic waste into rivers indiscriminately and poured toxic
chemicals into the seas. Furthermore, we discharged green-house gases into the atmosphere
leading to climatic changes. The net result is: we are surrounded by pollution in our daily lives—
we breathe, we drink, we eat pollution.
We shall discuss water pollution, land pollution, noise pollution and air pollution in this and the
next chapters.
WATER POLLUTIONThe normal uses of water for public supply are— recreation
(swimming, boating, etc.), fish, other aquatic life, and wildlife, agriculture (irrigation), industry,
navigation, etc. Any change in the dynamic equilibrium in aquatic ecosystem
(waterbody/biosphere/atmosphere) disturbs the normal function and properties of pure water
and gives rise to the phenomenon of water pollution. The symptoms of water pollution of any
water body/groundwater are:
• Bad taste of drinking water
• Offensive smells from lakes, rivers and ocean beaches
• Unchecked growth of aquatic weeds in waterbodies (eutrophication)
• Dead fish floating on water surface in river, lake, etc.
• Oil and grease floating on water surfaceThe quality of water is of vital concern for
mankind since it is directly linked with human welfare. It is a historical fact that faecal (human

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excreta or stool) pollution of drinking water caused water-borne diseases, which wiped out entire

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populations of cities. In the developing countries like India, everyday some 25,000 people die of
water-borne diseases, e.g., jaundice, hepatitis, cholera, dysentery, etc. In India about 2 lakhs out

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of 6 lakh villages have no access to safe drinking water—women have to walk 1–14 km daily for
collecting water for drinking and cooking. In urban areas, 40 per cent people are without access to

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safe water. The major sources of water pollution are domestic sewage from urban and rural areas,
agricultural run-off (wash water) and industrial waste which are directly or indirectly discharged

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into waterbodies.
Water Pollutants
1.
2.
Organic pollutants
Inorganic pollutants
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The large number of water pollutants are broadly classified under the categories:

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3. Sediments
4. Radioactive materials

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5. Thermal pollutants

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Organic Pollutants
These include domestic sewage, pesticides, synthetic organic compounds, plant nutrients (from

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agricultural run- off), oil, wastes from food-processing plants, paper mills and tanneries, etc.
These reduce dissolved oxygen (D.O.) in water. Dissolved oxygen (D.O.) is essential for aquatic life,

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the optimum level being 4–6 ppm (parts per million). Decrease in D.O. value is an indicator of

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water pollution. The organicpollutants consume D.O. through the action of bacteria present in
water.Sewage and agricultural run-off provide plant nutrients in water giving rise to the biological
process known as eutrophication. Large input of fertiliser and nutrients from these sources leads

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to enormous growth of aquatic weeds which gradually cover the entire waterbody (algal bloom).

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This disturbs the normal uses of water as the waterbody loses its D.O. and ends up in a deep pool
of water where fish cannot survive.

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The production of synthetic organic chemicals (more than 60 million tonnes each year since 1980)
multiplied more than 10 times since 1950. These include fuels, plastic fibres, solvents, detergents,

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paints, food additive, pharmaceuticals, etc. Their presence in water gives objectionable and
offensive tastes, odour and colours to fish and aquatic plants.
Oil pollution of the seas has increased over the years, due to increased traffic of oil tankers in the
seas causing oil spill and also due to oil losses during off-shore drilling. Oil pollution reduces light
transmission through surface water and hence reduces photosynthesis by marine plants,
decreases D.O. in water causing damage to marine life (plants, fish, etc.) and also contaminates
sea food which enters the human food chain.
Pesticides have been largely used for killing pests and insects harmful for crops and thereby
boosting the crop production. At present, there are more than 10,000 different pesticides in use.
They include insecticides (for killing insects), e.g., DDT (dichloro diphenyl trichloroethane),
herbicides (for killing weeds and undesirable vegetation) and fungicides (for killing fungi and
checking plant disease).It has been found that pesticide residues contaminate crops and then
enter the food chain of birds, mammals and human beings. The persistent pesticide, viz., DDT
(which isnot degraded in the environment) accumulates in food chain, getting magnified in each
step from seaweed to fish and then to man by about ten thousand times (104). Thus, the average
level of DDT in human tissues is found to be 5–10 ppm, maximum being among the Indians (25
ppm) compared to the Americans (8 ppm).
Inorganic Pollutants
This group consists of inorganic salts, mineral acids, metals, trace elements, detergents, etc.
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Acid mine drainage: Coal mines, particularly those which have been abandoned, discharge acid
(sulphuric acid) and also ferric hydroxide into local streams through seepage. The acid on entering

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the waterbody destroys its aquatic life (plants, fish, etc.).
Sediments

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Soil erosion, as a matter of natural process, generates sediments in water. Solid loadings in

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natural water are about 700 times as large as the solid loading from sewage discharge. Soil
erosion is enhanced 5–10 times due to agricultural and 100 times due to construction activities.

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Bottom sediments in aquatic bodies (streams, lakes, estuaries, oceans) are important reservoirs of

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inorganic and organic matter, particularly trace metals, e.g., chromium, copper, nickel,
manganese and molybdenum.
Radioactive Materials

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Radioactive pollution is caused by mining and processing of radioactive ores to produce
radioactive substances, use of radioactive materials in nuclear power plants, use of radioactive
isotopes in medical, industrial and research institutes and nuclear tests. The discharge of

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radioactive wastes into water and sewer systems is likely to create problems in future.
Thermal Pollutants

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Coal-fired or nuclear fuel-fired thermal power plants are sources of thermal pollution. The hot
water from these plants is dumped as waste into nearby lake or river where its temperature rises
by about 10°C. This has a harmful effect on the aquatic life in the waterbody whose D.O. is

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reduced and as a result, fish kill is quite common.
Groundwater Pollution/Arsenic Contamination

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Groundwater is relatively free from surface contamination as it is located more than about 50 ft

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below the land surface and the surface water gets filtered or screened by the underlying layers of
soil, sand and stone pieces. But even then it gets contaminated due to leaching of minerals below

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the earth’s surface.
An important case is that of Arsenic (As) contamination of groundwater. This arises from excessive

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pumping of groundwater by shallow tube wells for irrigation in some West Bengal districts along
the Hooghly river course and also in Bangladesh along the Padma river course. In this process, air
(oxygen) is injected into groundwater bed which leaches the overlying mineral, iron pyrites (iron,
arsenic, sulphide), oxidises it and releases arsenic into groundwater.
More than one million people in six districts of West Bengal drink arsenic-contaminated
groundwater from tube wells in the region. Among them, 20 lakh people suffer from various
diseases related to arsenic poisoning like loss of hair, brittle nails, bronchitis, gangrene, etc.
Several hundred deaths have also been reported. Similar calamity has threatened the lives of
Bangladesh in the districts along the Padma river course.
Case Study of Ganga Pollution
The most typical example of river pollution is the Ganga Pollution.
The Ganga originates from the Himalayan glacier and flows along a stretch of some 2525 km
before joining the Bay of Bengal. The Ganga basin is fertile and home of about 40 per cent of
population (400 million people) of the country. The river has been hailed as the “Holy Ganga” and
regarded as the lifeline of the country. But in recent years it is ranked as the most-polluted river of
India and a killer in the highly- polluted areas.
The Ganga basin carries water from 25 per cent of land. It is responsible for agricultural prosperity
of UP, MP, Haryana, Rajasthan, Himachal Pradesh, Bihar and West Bengal. Ganga is the source of

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drinking water in the region and irrigation water for agriculture—she also supplies fish to the local

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markets and water to industries on both sides of the river. The Ganga basin provides maximum
population density—many class I (population 100,000 and above), class II (pop. between 50,000

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and 100,000) and class III (pop. 20,000 to less than 50,000) cities have grown in this region. Both
domestic and industrial sewages join the Ganga river without any treatment and thus causes

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terrible pollution.
Hooghly river (in West Bengal) near Kolkata presents the worst polluted zone. There are more

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than 150 industries on both sides of the 125 km stretch river belt—there are about 270 outlets of
untreated sewage to the river Hooghly. The entire 140 sq. km metropolitan area covering both

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banks of the Hooghly river is exposed to ecological disaster. Besides huge quantities of soil from

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soil erosion due to extensive deforestation are washed by rain water into the river causing
siltation. This reduces the flow of water in the Bhagirathi- Hooghly river with the result that
ultimately the river will be choked and dead. In 1919, the flow of water in the Ganga was 1,10,000

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cusecs (1 cusec = 1 cubic foot of water flowing per second) whereas in 1971 it was 40,000 cusecs
only which during summer drops to 20,000 cusecs. This should be enough to sound the alarm bell
to the Government—Kolkata and Haldia ports can survive only on 40,000 cusecs of water.

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3.2 WASTE WATER TREATMENTWater pollution is caused by domestic sewage (84 per cent)

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and industrial sewage (16 per cent). Though the latter has less load on waterbody, it contains
toxic matter (inorganic and organic) which are more hazardous.

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Raw Waste Water (Primary Treatment)
Domestic Waste Water Treatment Sewage treatment plants, in general, depend on

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biological decomposition of non-toxic organic wastes using bacteria. Such biological
decomposition is carried out under aerobic conditions, i.e., in the presence of plenty of oxygen.

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bacteria

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Organic wastes + O2 CO2 (carbon dioxide) (carbon, oxygen, (oxygen) + H2O (water)
hydrogen, sulphur, + NO3– (nitrate)

H
fluorine) + NH + (ammonium ion)
The process, commonly used for municipal waste water, is shown in Fig. 3.1. In the first stage,

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solid wastes are removed from water by screening—any scum (suspended matter) is removed and
the sludge (muddy solid or sediment) allowed to settle at the bottom. The residual liquid is
exposed to biological oxidation of soluble organic materials through a bed of microbes in
activated sludge. Then the solids are removed after sedimentation. Finally the liquid effluent is
subjected to chlorination for destroying pathogenic micro- organisms. Now this effluent is fairly
clean and suitable for domestic use.
Drinking Water Supply
Treatment of drinking water supply is a matter of public health concern. The water treatment
plants, in general, are simpler than sewage treatment plants. They operate in three steps—
(i) Aeration to settle suspended matter.
(ii) Coagulation of small particles and suspended matter by lime and ferric chloride.
(iii) Disinfection by chlorination to kill viruses, bacteria, etc. The purified water is then
supplied by munici- palities through pipes for domestic uses.
LAND POLLUTION
Land or soil is polluted by indiscriminate discharge of waste—domestic, commercial, municipal
and industrial. Liquid waste is partly absorbed by soil, partly seeps into underground water and
the rest joins waterbodies in the locality. It is solid waste which, when dumped into land,
accumulates on it and causes pollution.
NOISE POLLUTION
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Noise is part of our environment. With progress in industrialisation, the noise level has been rising
continuously. In the 19th century the development of the steam engines, petrol engines and

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machines in factories resulted in increas- ingly noisy environment. In the 20th century this was
fur- ther accelerated by introduction of diesel engine, jet engines, turboprop, high-tech

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machineries, construction site machin- eries and automobile traffic. Noise has been recognised as

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one of the dimensions of pollution which brings about deg- radation of the environment and
creates health and commu- nication hazards.

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Sound and Human Acoustics
Sound consists of wave motion in an elastic medium such as air, water or solids (e.g., metals,

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plastics, wood, bricks, etc.). Sound waves travel through the medium from the source to the
recipient or listener. The rate of the oscillation of the medium is known as the frequency of the

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sound, the unit being hertz (Hz) or cycles per second. The frequency is a measure of the pitch of
the sound received by the listener. High frequencies mean high-pitched sounds which are more

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irritating to the individual than low frequencies. The second parameter of sound is sound pressure
which is measured in newtons per sq. metre (N/m2). The third parameter on sound is its intensity,

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expressed in watts per sq. metre, i.e., the quantum of sound energy that flows through unit area

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of the medium in unit time.
The human ear receives sound waves which set up oscillations in the ear drum (tympanic

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membrane). These oscillations cause movement of three small bones in the middle ear behind the
ear drum. These then pass through the fluid in the inner ear to the auditory nerve and finally

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transmitted to the brain. The oscillations or sound are intensified and interpreted in the brain,
which can select sounds into different categories—speech, music, noises, etc.

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The sensitivity of the ear varies from person to person. With ageing, people lose hearing power
gradually. A young person, 18-year-old, with normal hearing, has audio range between 20 Hz and

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20,000 Hz. The audio sense is sharpest in the frequency range 2000–8500 Hz.

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Noise Measurement Units
As mentioned before, sound pressure and sound intensity are the two important parameters of

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noise. The common scientific acoustic unit is the Decibel (dB)1. It is not an absolute physical unit
like volt, metre, etc. but is a ratio, expressed in logarithmic scale relative to a reference sound
pressure level.
The reference intensity used is the threshold of hearing which means sound which can be first
heard at a sound pressure of 2 × 10–5 newtons per sq. metre or sound intensity of 10–12 watts
per sq. metre.
Noise meters have been designed for noise measurement from low to high frequencies,
characteristic of human ear capacity. These meters record the dB scale for routine mea- surement
of general noise levels. Refined noise meters have been developed to take care of peak noise
levels, duration of noise exposure and quality of noise which are aspects of speci- fied noise
situation.
This is used for road traffic measurement, adopted in UK
for noise legislation. The index is expressed in dB—it is the arithmetic average hourly values of the
noise level exceeded for 10 per cent of the time over 18 hours between 6:00 and 24:00 hours on
any normal weekday. It includes peak noise values and fluctuation of noise depending on the type
of vehicle and traffic density.

Effective Perceived Noise Level (L epn) This is recommended for aircraft by the
International Civil Aviation Organisation (ICAO) as the standard for use in noise evaluation. The

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index is based on the scale equivalent to the dB scale +13 and takes care of the peak frequency of

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jet aircraft noise as well as duration of aircraft flyover.
Noise Classification

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There are broadly three categories of noise:
(i) Transport noise

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(ii) Occupational noise

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(iii) Neighbourhood noise.
Transport Noise

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Transport noise can be further sub-divided into (i) Road tra- ffic noise, (ii) Aircraft noise and (iii)
Rail traffic noise.

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Road Traffic Noise: Traffic noise is increasing over the years with increase in the number of road
vehicles. Traffic speed is the major cause of noise. The noise volume is enhanced with increase in

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traffic speed. Modern highways and traffic system encourage higher speeds.
In general, on urban roads there are distinct traffic peaks in the morning and evening (10 a.m. and

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6 p.m.) as people travel to and fro workplaces. Heavy diesel-engined trucks are the noisiest
vehicles on roads at present. The permissible noise levels for cities prescribed by the Central

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Pollution Control Board of India are shown in Table 3.2.

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These limits are, however, violated in all big cities in India, Calcutta being the worst case. The
average noise levels in busy streets in Calcutta during rush hours (between 10:30- 12:00 hrs and

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18:00-19:30 hrs.) are 90 dB. People live in an environment of noise generated by blasting horns,
rumbling tyres and screeching brakes. Awful road accidents contribute to the misery.

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Table 3.2: Permissible noise levels (cities)
Areas Day Night

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Industrial 75 dB 65 dB
Commercial 65 dB 55 dB

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Residential 50 dB 45 dB

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Sensitive areas up to 100 m around hospitals, schools 50 dB 40 dB
Aircraft Noise: The noise levels have peak values when aircraft fly low and overhead or take off

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and land at airports. The noise limits prescribed by UK airports for take-offs are 110 PNdB (1 PNdB
= dB scale+13) during day and 102 PNdB during night. These may be compared with the values in
USA: 112 PNdB during day at New York.
Rail Traffic: It is less of a nuisance as compared to the previous types of traffic noise.
Occupational Noise : Industrial workers are exposed to noisy working environment for 48 hours a
week (8 hrs. a day for 6 days a week)
Millions of workers suffer from progressive hearing damage and become prone to accidents under
their working conditions. Their working efficiency is also affected.
Neighbourhood Noise: Loud TV and radio sets, loud cassettes, loudspeakers in public functions,
disco music, etc. are sources of neighbourhood noise, which disturb and irritate the general public
and also harm the patients.
Noise Pollution Hazards
The human ear drum is struck by noise in the form of air-borne mechanical energy. While the
tolerable conversation level is 65 dB at a distance of 1 metre, 125 dB gives the sensation of pain in
the ear and 150 dB might be a killer.
High-intensity noise for continuous periods is the major cause for ear damage. If a noise level
exceeding 90 dB in themid-frequency range reaches the ear for more than a few minutes, then
the sensitivity of the ear will be reduced.

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Noise pollution can cause pathological or psychological disorders. High frequencies or ultrasonic

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sound above the audible range can affect the semi-circular canals of the inner ear and make one
suffer from nausea and dizziness. Mid- audible frequencies can lead to resonance in the skull and

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thereby affect the brain and nervous system. Moderate vibration can also cause pain, numbness
and cyanosis (blue colouration) of fingers while severe vibration results damage to bones and

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joints in the hands with swelling and stiffness.
In industrial and other establishments the general impact of noise pollution is lower efficiency,

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reduced work rate and higher potential for accidents and injuries.
In residential areas, even low-frequency noise of 50–60 dB at night disturbs sleep, particularly
among the aged people, causing adverse effect on health.

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Children, exposed to excessive noise, show signs of behavioural disorder which in later age
develop into destructive nature and neurotic disorders in the adult.
Excessive noise is one of the major factors for chronic exhaustion and tension in our daily lives.

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This may explain why more and more people tend to become addicted to alcohol, tobacco and
drugs.Noise pollution has also impact on travel of migratory birds from winter to tropical climate.
Thus, the increase of noise pollution in Kolkata and construction of high-rise buildings near Alipur

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Zoological Garden have led to decline in the number of migratory birds from CIS (former USSR)

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from 15,000 in 1980 to 2000 in 1990.
Permissible Noise Levels

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In this age, many people work and live in environment where the noise level is not hazardous. But
over the years they suffer from progressive hearing loss and psychological

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Control of Noise Pollution
Noise pollution is closely related to increase in industrialisation and urbanisation. It cannot be

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entirely eliminated but it can be kept at a safe level through adoption of some measures:
(a) Control of noise intensity at the source itself.

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(b) Noise absorption measures placed between the noise source and the recipient.

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(c) Use of protective measures by the recipient so that the ear drum is saved.
The common noise generation sources are: generators (for power supply), water pumps, loud

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speakers, cassette playing shops, blowing of air horns in motor vehicles, landing and take off by
aeroplanes, noise of machines in factories, etc. The specific laws in this respect should be strictly
enforced. This must be backed by public awareness and vigilance.
Solid Waste Disposal
The methods of waste disposal depend on the nature of waste. Most solid wastes are dumped on
land as soil heaps or as landfill to quarries or mine shafts or as dumps consisting of a wide range of
materials. Besides these, some wastes are dumped into the seas.
Detoxification of Toxic Wastes
The toxic wastes are converted into less hazardous products by treatment with acids; cyanide-
containing wastes are decomposed by interaction with oxygen to form carbon dioxide and
nitrogen. The decomposition can also be carried out biologically by means of suitable micro-
organisms(bacteria). Sludge from petroleum refineries may be spread on the soil and left to decay
into harmless products.
Incineration of toxic wastes is another method for their disposal. However, incinerators need
pollution control devices and careful monitoring to make sure that they do not release toxic
byproducts into the environment.
Land and Ocean Disposal Radioactive wastes from nuclear power stations are generally
fused in glass containers and lowered to the ocean floor. In USA, such wastes are sealed in metal

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drums and buried underground at great depths. But they may leak or be damaged by earthquake

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and release the wastes into groundwater.
Hazardous wastes dumped into soil/ditch have chances of leaking to the ground. A typical case

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history is that of the Love Canal in Niagara Falls, New York, USA. In 1930–53 the canal ditch was
the dumpsite for hazardous chemical wastes and municipal wastes. In 1953, the ditch was filled

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up; it was covered with clay and sold to the City Board of Education, which built an elementary
school. Some houses were also built. Soon the residents of these houses (300 families) and the

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school authorities complained of foul odour and illnesses. In 1978, it was found that some 25 toxic
organic compounds, known as carcinogens, leaked into the basements in the area and dispersed

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into air. As a result of these findings, the State of New York declared emergency in the area and
transferred all the families and the school from the site (Fig. 3.3: p. 82).
Non-hazardous Waste Management

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Two techniques are available—
(i) Landfill

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(ii) Incineration
Sanitary Landfill

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Miscellaneous refuse materials are those from household, hotels, stores, markets, restaurants,

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etc. (e.g., food wastes, vegetable and animal wastes, paper, cardboard, wood, boxes, rubber,
leather, plastics, tin cans, crockery glass, metals, etc.), ashes (from fires used for cooking, heating

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buildings, etc.), dead animals, industries and agricultural fields, etc. In the developed countries,
e.g., USA, it is a common practice for each household to burn the bulk of waste in a backyard

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incinerator. Mainly food scraps, bottles and combustible articles are contained in packets for
collection by municipality. The percentage of paper, rubber, leather, plastics, metals and glass

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increases considerably with increasing industrialisation in developed countries compared to
developing countries because of wide application of these materials in their daily lives.

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Most of the solid waste is dumped on land in heaps in uncontrolled manner in developing
countries. Some waste is used for landfilling in abandoned quarries or mines. The developed

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countries prefer the second method, viz. incineration (see next section). Industrial wastes are

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treated in treatment plants and valuable materials recycled. In other cases, the volume of the
waste is reduced by pulverisation (33 per cent) or by incineration.
For sanitary landfill, the following principles should be followed:
(i) Solid wastes should be deposited in a regulated manner, preferably in gravel pit.
(ii) Solid wastes should be spread in thin layers with ground cover of at least 15 cm.
(iii) All factors likely to contribute to water pollution should be eliminated.
(iv) The wastes should not be burnt openly.
In the man-made gravel pit, fine-grained soil is useful in containing undesirable gas and water
movements outside the landfill area. With increase in urbanisation and expansion of cities beyond
the periphery, land suitable for landfill becomes more and more scarce. In such cases, planned
sanitary landfill, backed by modern solid waste management, can provide the community with
better environmental management.
Composting and Municipal Waste Composting Projects
This is a biological process where fresh organic wastes are allowed to be decomposed into humus-
like substances. The process is conducted by a complete automatic system which consists of
several steps:
(1) The crude refuse is dumped into a container or to a belt conveyor. (2) Iron or metallic
particles are removed by a magnetic separator. (3) The material is then transferred in a wet
condition to a rotatory cylinder, analogous to a rotatory drier.

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The cylinder rotates slowly on large tyres and the wastes move from one end to the other. They

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are thoroughly mixed and pulverised by abrasion. Air is introduced at low pressure
throughout the length of the cylinder. Here aerobic micro- organisms ensure rapid decomposition

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of the wastes under aerobic conditions.
POLLUTION AND PUBLIC HEALTH ISSUES

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Very few people have paid any attention to the dark side of industrialisation, particularly to the
growing dangers it poses to the health of people. Hardly a day passes when hundreds do not

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succumb to the accidents or diseases caused by growing pollution of the environment in general
and the increasing occupational hazards or die in major industrial disaster as in Bhopal.

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Industrialisation is creating a high-risk environment for all. But it is the poor labourers/workers

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who suffer the most. They get the dirtiest and most hazardous job and are compelled to live in the
dirtiest environment in close proximity to the industries. The society benefits from the industries
but at the cost of the lives of the poor workers who are most neglected.
Hazardous Products

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During the last 50 years, about 6-million chemicals have been synthesised at the rate of 10,000
new ones every month. Some 60,000–70,000 chemicals are used extensively in millions of

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different commercial products. The world produces chemicals—faster than it can manage.

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These chemicals include extremely toxic substances which can cause allergies, damage vital
organs of the human body like the eye, brain, liver, kidney and reproductive organs, produce

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deformities in babies during pregnancy and promote cancer. In the case of accidental release into
the environment in large quantities, as in the case of Bhopal, they can lead to mass murder. What

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is amazing is that we know nothing about the toxic effect of 80 per cent of the chemicals used.
Industries which produce potentially toxic and hazard- ous wastes are pesticides, dyes and

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pigments, organic chemi- cals, fertilisers, non-ferrous metals, steel and chlor-alkali manufacturing
plants.The major locations of such industries are Delhi, Udaipur, Kanpur, Chandipur, Bokaro,

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Jamshedpur, Rourkela, Kolkata, Raipur, Ahmedabad, Baroda, Mumbai, Hyderabad,
Visakhapatnam, Bangalore, Chennai and Cochin. Bhopal is not included in the list, which shows

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that unlisted factories can cause major disasters.

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Phosphatic fertiliser factories and thermal power plants generate large quantities of conventional
solid wastes which are stored near the sites. Some 5 million tonnes of byproduct phosphogypsum
are generated at 12 major phosphatic fertiliser plants. Twenty per cent of this waste is used to
produce ammonium sulphate, while the rest containing thousands of tonnes of heavy metals and
toxic metals such as chromium, copper, lead, manganese and fluorides are dumped into low lands
for land filling or into lagoons in the form of slurry.
Thermal power plants, which produce more than 50 per cent of electricity generated in India, are
the other major sources of solid wastes. Flyash, the solid waste, accumulates in mountainous
heaps near the power stations or carried as slurry into ponds and rivers where it creates serious
water pollution problems. Flyash itself contains toxic metals such as beryllium, cadmium, zinc,
arsenic, manganese, etc. From pesticide industries, some 15 tonnes of DDT and 25 tonnes of BHC
(hexachlorobenzene) are carried as wastes every year which ultimately travel in the environment,
enter our food chain and finally enter our body tissues where they are retained. Indians have
shown maximum DDT content (25 ppm) in body tissues in the world. For the last 40 years, DDT
has been banned in the western countries but it is still being used as before in India.
Occupational Hazards
Workers in mines, factories, commercial firms, forestry and agriculture are exposed to risks, high
to low, which are called the occupational hazards. According to the United Nations, some 2 lakh
workers die each year throughout the world due to accidents and occupational diseases. Another

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10 millions suffer from non-fatal injuries.

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Deadly Dust
The worst occupational diseases are caused by dust. These are broadly termed lung diseases

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(pneumoconiosis) and their effect depends on the nature of dust, its fineness, concentration,
period of exposure and the victim’s health.

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Silicosis

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It originates from dust containing free silica or silicon dioxide. It was first reported in 1947 in India
in the Kolar gold mines and then found to occur in various other mines and industries—coal, mica,

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silver, lead, zinc and manganese mines and pottery and ceramics, sand blasting, metal grinding,
building construction, rock mining, iron and steel industry and others.

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In Jharkhand’s mica mines, 33 per cent workers suffer from silicosis. The slate pencil factories in
MP villages employ the entire village population where people do not survive beyond 40 years.

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Children have to work to support their mothers and often succumb early to the diseases.
According to an NGO report, the workers “sign their own death warrants for economic reasons.”

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Asbestosis

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Asbestos is the Greek expression for “unquenchable”. Because of its versatility—it resists heat and
moisture—it is largely used in home construction, insulation of buildings and ships and also in car-

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brake linings. Besides, it finds some 3,000 different industrial applications where it has to be
processed into proper size. The finest fibres, invisible to the naked eye, are the most dangerous as

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they find ready access to our respiratory tract, line the air tubes and accumulate in the lungs.

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The silica dust (from asbestos fibres), deposits in the lungs, causes pulmonary fibrosis leading to
respiratory problems and death—in severe cases, it causes cancer of the air tubes and
gastrointestinal tract. In UK, people living within 1 km of an asbestos factory were reported to be

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suffering from cancer. What is really alarming is that cancer may strike 5–10 years after exposure.

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Byssinosis
Some 2 million textile and cotton mill workers are victims of byssinosis. Cotton emits lots of dust

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in various stages of its processing. The disease strikes 10 years after exposure. It progresses step
by step, starting from temporary sickness of wheezing and coughing to permanent breathlessness

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which shortens life span. Incidence of byssinosis from 6 to 20 per cent has been reported in
cotton textile mills in Ahmedabad, Mumbai, Delhi, Kanpur, Chennai, Madurai and Nagpur.
Pneumoconiosis
It is commonly associated with mines and known as the source of “black lungs”. Coal mine
workers who are long ex-posed to coal dust lose their capacity to work hard and suc- cumb to the
disease which leads to tuberculosis and death.
Child Labourers
India has a bad image abroad for employing the largest number of child labourers (16–18
million/age group 8–14). The International Labour Organisation (ILO) reports that the child
labourers are underpaid (Rs 2.00–6.00 per day) for 12–16 working hours and they have to toil
under inhuman conditions. The brass industries of UP, carpet industries of Kashmir and match
factories of Chennai mostly employ the child labourers. The “Sivkasi” match factories (in Chennai)
employ some 50,000 children (8–12 years old), 80 per cent being girls, who work for 14 hours a
day under inhuman conditions. Most of them are vulnerable to accidents and do not live beyond
40 years.
Epidemiology
Hippocrates’ suggestion over 2000 years ago that environmental factors can influence the
occurrence of disease is believed to be the origin of epidemiology. However, it was not until the

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middle of the 19th century that the distribution of disease in specific human population groups

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was measured to any great extent. The first epidemiological study was made by Snow in 1854. He
identified that the risk of cholera in London was related, among other things, to the drinking

O
water supply by a particular company in London. On the basis of epidemiological studies, Snow
suggested that cholera was spread by contaminated water. Following Snow’s work, public health

S
measures, such as improving water supply and sanitation, have made notable contributions to the
health of populations. Since 1854, epidemiological studies have provided the information required

R
to identify the measures to be taken. Epidemiology may be defined as the study of the
distribution and determinants of health-related states of events in specified populations and the
application of this study to the control of health problems.
Hygiene

SU
Hygiene is closely related to epidemiology. It is defined as the science of health that includes all

S
factors which contribute to healthy living. The purpose of hygiene is to allow man to live in
healthy relationship with his environment.

E
Personal hygiene includes all those factors which influence the health and well-being of an
individual. It comprises day-to-day activities for rigorously observing the elementary rules of

E
hygiene for keeping ourselves physically fit and mentally alert through neat and clean habits as

Y
our way of life. Our daily routine should involve maintaining regular habits, e.g., taking meals at
regular hours, body care (bath, wash, care of teeth, nails and hair, exercise, etc.), use of neat and

A
clean dresses, work and sleep at fixed hours, etc. In other words, we should enforce strict
discipline and hygiene in our daily lives. Any disruption of such activities will affect our health. For

R
example, improper care or negligence of teeth leads to pyorrhoea and dental caries (cavities);
dirty skin gives scabies, eczema, dermatitis and fungal infection; lack of sleep causes loss of

T
concentration, mental depression and inability to work with vigour; dirty nails are home for ova of
intestinal parasites, etc. The habit of washing hands with soap and water before eating will reduce

A
the risks of diseases such as diarrhoea, dysentery, etc.
Health and Disease

H
According to the World Health Organisation (WHO), health is a state of complete physical, mental

B
and social well- being and not merely the absence of disease or infirmity.
Diseases are due to disturbances in the delicate balance between man and his environment.
Three ecological factors are responsible for a disease—Agent, Host and Environment. The disease
agent is identified in a laboratory. For example, hepatitis can be identified by the presence of
antibodies in blood in a laboratory. The host (patient) is available for clinical examination. But the
environment from which the patient comes is mostly unknown. The prevention and control of a
disease depends on the knowledge of environment. Without the knowledge of environment, it is
difficult to cure the disease.
Depending on the sources, diseases can be classified under the categories—(i) Water-borne
disease, (ii) Air-borne disease, (iii) Food-borne disease, and (iv) Vector-borne disease, which have
water, air and food, respectively as the sources for (i)–(iii). In the case of vector-borne disease, it is
transmitted by various vectors such as mosquitoes, flies or animals. Various agents like viruses,
bacteria, parasites are responsible for the diseases. Some common diseases are tabulated in Table
Table 3.6: Some common diseases
Type Disease
Vector-borne disease Malaria, Filaria, Encephalitis,
Dengue, Kala-azar, etc.
Water-borne disease Cholera, Bacillary dysentery,

A
Amoebiasis, Diarrhoea,

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Viral hepatitis, Poliomyelitis, Typhoid, etc.
Air-borne disease Influenza, Measles, Chicken pox,

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Asthma, Bronchitis, Pneumonia, Tuberculosis, etc.
Food-borne disease Cholera, Dysentery, etc.

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AIR POLLUTION
Pure air is colourless and odourless. But various pollutants from natural and man-made sources

R
are entering the atmosphere daily and these disturb the dynamic equilibrium in the atmosphere.

U
This leads to air pollution when the normal properties of air are upset and both man and
environment suffer.

S
Natural sources of air pollution are:
• Volcanic activity, vegetation decay, forest fires emitting carbon monoxide, sulphur dioxide

S
and hydrogen sulphide and tiny particles of solids or liquids sprayed from the seas and land by
wind.

E
Man-made sources are:
• Gases, mists, particulates and aerosols emitted by industries and other chemical and

E
biological processes used by man.

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Primary Pollutants
There are five primary pollutants which together contribute to more than 90 per cent of global air

A
pollution:
Carbon monoxide, CO Nitrogen oxides, NOX

R
Hydrocarbons, HC
Sulphur oxides, SOX Particulates.

T
Transportation accounts for more than 46 per cent of the total pollutants produced per year and
hence remains the principal source of air pollution. Carbon monoxide is the major industrial

A
pollutant, with a tonnage matching that of all other pollutants together. However, particulate

H
pollutants, though minor, are the most dangerous among the primary pollutants (100 times more
harmful than carbon monoxide).

B
Carbon Monoxide, CO
It is a colourless, odourless and tasteless gas which is injurious to our health. Each year 350 million
tonnes of CO (275 million tonnes from human sources and 75 million tonnes from natural sources)
are emitted all over the world in which USA alone shares 100 million tonnes. Transportation
accounts for 70 per cent of CO emission. That is to say, diesel and petroleum engines in
automobiles are primarily responsible for about 70 per cent of CO emissions.
The sources of carbon monoxide, CO, are the chemical reactions:
(i) incomplete combustion of fuel or carbon containing compounds:
(ii) reaction of carbon dioxide and carbon-containing materials at elevated temperatures in
industries, e.g., in blast furnaces:
CO2 + C 2CO
(carbon dioxide) (carbon)
(iii) dissociation of carbon dioxide at high temperatures: CO2 CO + O
Part of carbon monoxide is lost in the upper atmosphere. The major sink is soil micro-organisms. A
potting soil sample weighing 28 kg can completely remove in 3 hours 120 ppm carbon monoxide
from ambient air. The same soil sample on sterilization failed to remove carbon monoxide from
air.
Control of CO Pollution

A
The petroleum and diesel-fed automobiles account for major share of carbon monoxide emission.

N
Hence, efforts for carbon monoxide pollution control are mainly aimed at automobiles. Use of
catalytic converters in the internal combustion engines of automobiles helps in cleaning up the

O
exhaust emissions. Such converters built into the automobile engines promote oxidation-
reduction cycles and ensure complete combustion of carbon monoxide, nitrogen oxides and

S
hydrocarbons. The following figure illustrates the action of catalytic converters: use of catalytic
converters in two stages helps in the elimination of pollutants from exhaust gases before they are

R
discharged into the atmosphere.
In the first converter, nitrogen oxides are reduced to nitrogen (+ ammonia) in the presence of

U
finely-divided catalyst platinum, and the reducing gases, carbon monoxide and hydrocarbons. The

S
production of ammonia is kept at a minimum under carefully controlled conditions. In the second
converter, air is introduced to provide an oxidizing atmosphere for complete oxidation of carbon
monoxide and hydrocarbon into carbon dioxide and water in the presence of finely-divided
platinum catalyst.

ES
Thus by means of platinum catalytic converters, autoexhaust emissions are cleaned up through
reduction- oxidation reactions. In all developed countries, it is mandatory by law for all

E
automobiles to fit their engines with catalytic converters. In India some automobile companies

Y
have plans to fit their automobile engines with catalytic converters.
Nitrogen Oxides, NOX

A
It consists of mixed oxides, nitric oxide and nitrogen dioxide (NO and NO2, respectively)—the
former is a

R
colourless and odourless gas but the latter (NO2) has a reddish
brown colour and pungent smell.

T
The formation of NO and NO2 is based on the chemical reactions: 1210 – 1765°C
These reactions occur inside the automobile engines so that the exhaust gases consist

A
of NOX. The
latter concentration in rural air is much less than that in urban air.

NO2 +
(nitrogen
dioxide)
B H
In air NOX is converted into nitric acid (HNO3) by natural processes:
O3 NO3 + O2
(ozone) (nitrogen trioxide) (oxygen)

NO3 + NO2 N2O5


(nitrogen pentoxide)
N2O5 + H2O 2HNO3
(water vapour) (nitric acid)
This nitric acid is one of the constituents of acid rain discussed in a subsequent section. From
auto-exhaust emissions NOx is removed as discussed above by means of
catalytic converters.
Hydrocarbons and Photochemical Smog
Natural processes, particularly in trees, emit large quanti- ties of hydrocarbons into air. Methane,
CH4, is a major hydro- carbon. It is generated in large quantities by bacteria formed
by anaerobic decomposition of organic matter in water, sedi- ments and soil.
Domestic animals (cattle, buffaloes, etc.) contribute about 85 million tonnes of methane to the
atmosphere each year. Automobiles are the significant source of hydrocarbons.
In the presence of ozone, carbon monoxide, nitrogen oxides and hydrocarbon participate in
photochemical reactions (in the presence of sunlight). A chain reaction

A
•proceeds in which the free radical R CH2is generated in the

N
•first step. Other free radicals which are formed are: R CH2O2
in the second step by reaction with oxygen, R CH2O•; R

O
CH2O• in the third step by reaction with nitric oxide; HO •
in the fourth step by reaction with oxygen—a stable aldehyde,

S
R CHO is another product at this stage; HO• is formed in the fifth step by reaction with nitric oxide
(nitrogen dioxide is another product here); and finally, the initial free radical

R
is regenerated by reaction with hydrocarbon, R CH3thereby sustaining the chain reaction.
The harmful products in the chain reaction are NO2 and aldehyde, R CHO. A side reaction also

U
follows by another route through the aldehyde, R CHO; it gives an injurious

S
end product, peroxyacyl nitrate (PAN) which is a strong eye irritant. These reactions lead to
photochemical smog formation, which is characterized by brown hazy fumes which irritate the
eyes and lungs and also cause serious damage to plants.

have the heaviest vehicular traffic.


Sulphur Dioxide, SO2
ES
Photochemical smog occurs in coastal cities in winter climate, e.g., in Los Angeles, USA, which

E
Sulphur dioxide is a colourless gas with a pungent odour. It is produced from the combustion of

Y
any sulphur-bearing material. Sulphur dioxide, SO2, is always associated with a
little of sulphur trioxide, SO3.

A
Man-made sources—coal-fired power stations and other industries—contribute about 33 per
cent of SOX pollution while natural sources, viz. volcanoes, provide about 67 per

R
cent of SOX pollution.
Soot particles containing metal oxides catalyze the oxidation of sulphur dioxide to trioxide.

T
aerosol droplet
The first reaction above occurs in the presence of ozone and water vapour. The product, sulphuric

A
acid, is formed on aerosol (fine particle suspended in air as in smoke, fog, mist, etc.) droplet.
Sulphuric acid is one of the constituents of acid rain.

H
In winter, sulphur oxides from thermal power plants along with other gases lead to smog

B
formation, e.g., London smog. This is known as reducing smog in contrast with photochemical
smog which is known as oxidising smog (consisting of hydrocarbons, nitrogen oxides and ozone).
London smog (1952) is well-known for its disastrous effect. Heavy smog (SO2) conditions
prevailed in London for five
days which killed about 4,000 people. The causes of death
were bronchitis, pneumonia, and other respiratory troubles particularly among aged people.
SOx (sulphur oxides) from flue gases of industrial plants can be removed by means of chemical
scrubbers. The flue stack gases are led through a bed of (slurry) limestone, CaCO3
(calcium carbonate) which absorbs sulphur dioxide quite
efficiently.
The method is economical but the disposal of solid waste, calcium sulphate is a problem.
Alternatively, sulphur oxide in aqueous solution is treated with citric acid salt and the resulting
solution is exposed to a stream of hydrogen sulphide gas whereby sulphur is deposited. This
sulphur can then be recovered and utilised.
Thermal power plants, major sources of man-made SOX pollution, are normally constructed with
tall chimneys to disperse the emissions over a wide area. This reduces the
local problem but creates problems for far away areas through acid rains (see Fig. 3.5).
Acid Rain
It has been described above that much of nitrogen oxides (NOx) and sulphur oxides (SOx) entering

A
N
the atmosphere are transformed into nitric acid (HNO3) and sulphuric acid (H2SO4 ), respectively.
These combine with hydrogen chloride (HCl) from HCl emissions (both by man-made and natural

O
sources) and generate acidic precipitation, known as acid rain.
Acid rain is a major environmental issue as it badly damages the environment. It damages

S
buildings and structural materials of marble, limestones, slate and mortar. These materials
become structurally weak as calcium carbonate reacts with sulphuric acid to form soluble

R
sulphate, which is leached out by rain water:

U
CaCO3 + H2SO4 CaSO4 + CO2↑ + H2O↓
(limestone) (sulphuric acid) (calcium sulphate)

S
In Greece and Italy, invaluable stones and statues have been partly dissolved by acid rain. Besides
these, acid rain damaged forests in Germany and lakes in Sweden and Canada. Acid rain

S
originated from U.K., but far away in Sweden it damaged some 8,000 lakes of which 4,000 are
dead. Similarly, acid rain from USA damaged lakes and forests in Canada. In India, the Taj Mahal is

E
threatened by acid rain from Mathura Refinery and other industries.
Control of Acid Rain

E
Acid rain can be checked if its constituents, sulphur oxide and nitrogen oxide, are controlled as

Y
discussed above.
Particulate Matter

A
Small solid particles and liquid droplets are collectively termed particulates. They originate both
from natural and man-made sources. Every year natural sources discharge 800– 2,000 million

R
tonnes and man-made sources 200–500 million tonnes of particulates. Among man-made sources,
flyash from thermal power plants deserves mention. Table 3.8 gives a list of annual production of

T
particulate matter from the two sources.
Particulate matter
Annual production

A
H
Natural source Man-made sources
Total particles 800–2000 200–450

B
Dust and smoke — 10–90
Salt, forest fires 450–1100 —
Sulphate 130–200 l30–200
Nitrate 30–35 140–700
Hydrocarbons 15–20 75–200
Particulates range in size from 0.0002 µ (about the size of a molecule) to 500 µ (1 µ=10–6 metre).
The number of particles in the atmosphere vary from several hundred per cm3 in clean air to
more than 100,000 per cm3 in highly- polluted air (urban/industrial area).
Compiled by BHAT RAYEES
A
SURSONA
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ECOSYSTEM S O
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14.1 Ecosystem–Structure

ES
E
and Function
An ecosystem can be visualised as a functional unit of

Y
14.2. Productivity nature, where living organisms interact among themselves

A
and also with the surrounding physical environment.
14.3 Decomposition Ecosystem varies greatly in size from a small pond to a

R
large forest or a sea. Many ecologists regard the entire
14.4 Energy Flow biosphere as a global ecosystem, as a composite of all

T
local ecosystems on Earth. Since this system is too much
14.5 Ecological Pyramids

A
big and complex to be studied at one time, it is convenient
14.6 Ecological Succession to divide it into two basic categories, namely the

H
terrestrial and the aquatic. Forest, grassland and desert
14.7 Nutrient Cycling are some examples of terrestrial ecosystems; pond, lake,

B
wetland, river and estuary are some examples of aquatic
14.8 Ecosystem Services ecosystems. Crop fields and an aquarium may also be
considered as man-made ecosystems.
We will first look at the structure of the ecosystem, in
order to appreciate the input (productivity), transfer of
energy (food chain/web, nutrient cycling) and the output
(degradation and energy loss). We will also look at the
relationships – cycles, chains, webs – that are created as
a result of these energy flows within the system and their
inter- relationship.
BIOLOGY

14.1 ECOSYSTEM – STRUCTURE AND FUNCTION compiled by BHAT RAYEES


In chapter 13, you have looked at the various components of the
environment- abiotic and biotic. You studied how the individual biotic

A
and abiotic factors affected each other and their surrounding. Let us look
at these components in a more integrated manner and see how the flow of

N
energy takes place within these components of the ecosystem.
Interaction of biotic and abiotic components result in a physical

O
structure that is characteristic for each type of ecosystem. Identification
and enumeration of plant and animal species of an ecosystem gives its

S
species composition. Vertical distribution of different species occupying

R
different levels is called stratification. For example, trees occupy top
vertical strata or layer of a forest, shrubs the second and herbs and grasses

U
occupy the bottom layers.
The components of the ecosystem are seen to function as a unit when

S
you consider the following aspects:
(i) Productivity;

S
(ii) Decomposition;

E
(iii) Energy flow; and
(iv) Nutrient cycling.

E
To understand the ethos of an aquatic ecosystem let us take a small

Y
pond as an example. This is fairly a self-sustainable unit and rather simple
example that explain even the complex interactions that exist in an aquatic

A
ecosystem. A pond is a shallow water body in which all the above
mentioned four basic components of an ecosystem are well exhibited.

R
The abiotic component is the water with all the dissolved inorganic and
organic substances and the rich soil deposit at the bottom of the pond.

T
The solar input, the cycle of temperature, day-length and other climatic
conditions regulate the rate of function of the entire pond. The autotrophic

A
components include the phytoplankton, some algae and the floating,

H
submerged and marginal plants found at the edges. The consumers are
represented by the zooplankton, the free swimming and bottom dwelling

B
forms. The decomposers are the fungi, bacteria and flagellates especially
abundant in the bottom of the pond. This system performs all the functions
of any ecosystem and of the biosphere as a whole, i.e., conversion of
inorganic into organic material with the help of the radiant energy of the
sun by the autotrophs; consumption of the autotrophs by heterotrophs;
decomposition and mineralisation of the dead matter to release them back
for reuse by the autotrophs, these event are repeated over and over again.
242 There is unidirectional movement of energy towards the higher trophic
levels and its dissipation and loss as heat to the environment.

14.2. PRODUCTIVITY compiled by BHAT RAYEES SURSONA


A constant input of solar energy is the basic requirement for any ecosystem
to function and sustain. Primary production is defined as the amount of
ECOSYSTEM

biomass or organic matter produced per unit area over a time period by
plants during photosynthesis. It is expressed in terms of weight (g –2) or
energy (kcal m–2). The rate of biomass production is called productivity.
It is expressed in terms of g –2 yr –1 or (kcal m –2) yr –1 to compare the

A
productivity of different ecosystems. It can be divided into gross primary
productivity (GPP) and net primary productivity (NPP). Gross primary

N
productivity of an ecosystem is the rate of production of organic matter
during photosynthesis. A considerable amount of GPP is utilised by plants

O
in respiration. Gross primary productivity minus respiration losses (R),

S
is the net primary productivity (NPP).
GPP – R = NPP

R
Net primary productivity is the available biomass for the consumption
to heterotrophs (herbiviores and decomposers). Secondary productivity

U
is defined as the rate of formation of new organic matter by

S
consumers.
Primary productivity depends on the plant species inhabiting a

S
particular area. It also depends on a variety of environmental factors,
availability of nutrients and photosynthetic capacity of plants. Therefore,

E
it varies in different types of ecosystems. The annual net primary
productivity of the whole biosphere is approximately 170 billion tons

E
(dry weight) of organic matter. Of this, despite occupying about 70 per

Y
cent of the surface, the productivity of the oceans are only 55 billion tons.
Rest of course, is on land. Discuss the main reason for the low

A
productivity of ocean with your teacher.

R
14.3 DECOMPOSITION

T
You may have heard of the earthworm being referred to as the farmer’s
‘friend’. This is so because they help in the breakdown of complex organic

A
matter as well as in loosening of the soil. Similarly, decomposers break
down complex organic matter into inorganic substances like carbon

H
dioxide, water and nutrients and the process is called decomposition.

B
Dead plant remains such as leaves, bark, flowers and dead remains of
animals, including fecal matter, constitute detritus, which is the raw
material for decomposition. The important steps in the process of
decomposition are fragmentation, leaching, catabolism, humification and
mineralisation.
Detritivores (e.g., earthworm) break down detritus into smaller particles.
This process is called fragmentation. By the process of leaching, water-
soluble inorganic nutrients go down into the soil horizon and get precipitated 243
as unavailable salts. Bacterial and fungal enzymes degrade detritus into
simpler inorganic substances. This process is called as catabolism.
It is important to note that all the above steps in decomposition operate
simultaneously on the detritus (Figure 14.1). Humification and
mineralisation occur during decomposition in the soil. Humification leads
BIOLOGY

A
N
S O
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Y E
A
R
A T
Figure 14.1 Diagrammatic representation of decomposition cycle in a terrestrial ecosystem
compiled by BHAT RAYEES SURSONA

H
to accumulation of a dark coloured amorphous substance called humus
that is highly resistant to microbial action and undergoes decomposition

B
at an extremely slow rate. Being colloidal in nature it serves as a reservoir
of nutrients. The humus is further degraded by some microbes and release
of inorganic nutrients occur by the process known as mineralisation.
Decomposition is largely an oxygen-requiring process. The rate of
decomposition is controlled by chemical composition of detritus and
climatic factors. In a particular climatic condition, decomposition rate
is slower if detritus is rich in lignin and chitin, and quicker, if detritus is
244 rich in nitrogen and water-soluble substances like sugars. Temperature
and soil moisture are the most important climatic factors that regulate
decomposition through their effects on the activities of soil microbes.
Warm and moist environment favour decomposition whereas low
temperature and anaerobiosis inhibit decomposition resulting in build
up of organic materials.
ECOSYSTEM

14.4 ENERGY FLOW


Except for the deep sea hydro-thermal ecosystem, sun is the only source
of energy for all ecosystems on Earth. Of the incident solar radiation less
than 50 per cent of it is photosynthetically active radiation (PAR). We

A
know that plants and photosynthetic and chemosynthetic bacteria

N
(autotrophs), fix suns’ radiant energy to make food from simple inorganic
materials. Plants capture only 2-10 per cent of the PAR and this small

O
amount of energy sustains the entire living world. So, it is very important
to know how the solar energy captured by plants flows through different

S
organisms of an ecosystem. All organisms are dependent for their food
on producers, either directly or indirectly. So you find unidirectional flow

R
of energy from the sun to producers and then to consumers. Is this in

U
keeping with the first law of thermodynamics?
Further, ecosystems are not exempt from the Second Law of

S
thermodynamics. They need a constant supply of energy to synthesise
the molecules they require, to counteract the universal tendency toward

S
increasing disorderliness.
The green plant in the ecosystem-terminology are called producers.

E
In a terrestrial ecosystem, major producers are herbaceous and woody

E
plants. Likewise, primary producers in an aquatic ecosystem are various
species like phytoplankton, algae and higher plants.

Y
You have read about the food chains and webs that exit in nature.
Starting from the plants (or producers) food chains or rather webs are

A
formed such that an animal feeds on a plant or on another animal and in

R
turn is food for another. The chain or web is formed because of this
interdependency. No energy that is trapped into an organism remains in
it for ever. The energy trapped by the producer, hence, is either passed on

T
to a consumer or the organism dies. Death of organism is the beginning

A
of the detritus food chain/web.
All animals depend on plants (directly or indirectly) for their food needs.

H
They are hence called consumers and also heterotrophs. If they feed on
the producers, the plants, they are called primary consumers, and if the

B
animals eat other animals which in turn eat the plants (or their produce)
they are called secondary consumers. Likewise, you could have tertiary
consumers too. Obviously the primary consumers will be herbivores.
Some common herbivores are insects, birds and mammals in terrestrial
ecosystem and molluscs in aquatic ecosystem.
The consumers that feed on these herbivores are carnivores, or more
correctly primary carnivores (though secondary consumers). Those 245
animals that depend on the primary carnivores for food are labelled
secondary carnivores. A simple grazing food chain (GFC) is depicted
below:

Grass Goat Man


(Producer) (Primary Consumer) (Secondary consumer)
BIOLOGY

The detritus food chain (DFC) begins with dead organic matter. It is
made up of decomposers which are heterotrophic organisms, mainly
fungi and bacteria. They meet their energy and nutrient requirements by
degrading dead organic matter or detritus. These are also known as

A
saprotrophs (sapro: to decompose). Decomposers secrete digestive
enzymes that breakdown dead and waste materials into simple, inorganic

N
materials, which are subsequently absorbed by them.

O
In an aquatic ecosystem, GFC is the major conduit for energy flow.
As against this, in a terrestrial ecosystem, a much larger fraction of energy

S
flows through the detritus food chain than through the GFC. Detritus
food chain may be connected with the grazing food chain at some levels:

R
some of the organisms of DFC are prey to the GFC animals, and in a natural

U
ecosystem, some animals like cockroaches, crows, etc., are omnivores.
These natural interconnection of food chains make it a food web. How

S
would you classify human beings!
Organisms occupy a place in the natural surroundings or in a

S
community according to their feeding relationship with other organisms.
Based on the source of their nutrition or food, organisms occupy a specific

E
place in the food chain that is known as their trophic level. Producers
belong to the first trophic level, herbivores (primary consumer) to the

E
second and carnivores (secondary consumer) to the third (Figure 14.2).

AY
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A T
B H
246

Figure 14.2 Diagrammatic representation of trophic levels in an ecosystem


ECOSYSTEM

The important point to note is that the amount of energy decreases at


successive trophic levels. When any organism dies it is converted to
detritus or dead biomass that serves as an energy source for decomposers.
Organisms at each trophic level depend on those at the lower trophic level

A
for their energy demands.
Each trophic level has a certain mass of living material at a particular

N
time called as the standing crop. The standing crop is measured as the
mass of living organisms (biomass) or the number in a unit area. The

O
biomass of a species is expressed in terms of fresh or dry weight.

S
Measurement of biomass in terms of dry weight is more accurate. Why?
The number of trophic levels in the grazing food chain is restricted as

R
the transfer of energy follows 10 per cent law – only 10 per cent of the
energy is transferred to each trophic level from the lower trophic level. In

U
nature, it is possible to have so many levels – producer, herbivore, primary

S
carnivore, secondary carnivore in the grazing food chain (Figure 14.3) .
Do you think there is any such limitation in a detritus food chain?

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Y E
A
R
A T
B H
Figure 14.3 Energy flow through different trophic levels
247
14.5 ECOLOGICAL PYRAMIDS
You must be familiar with the shape of a pyramid. The base of a pyramid
is broad and it narrows down at the apex. One gets a similar shape,
whether you express the food or energy relationship between organisms
BIOLOGY

at different trophic level. Thus, relationship is expressed in terms of


number, biomass or energy. The base of each pyramid represents the
producers or the first trophic level while the apex represents tertiary or
top level consumer. The three ecological pyramids that are usually studied

A
are (a) pyramid of number; (b) pyramid of biomass and (c) pyramid of
energy. For detail (see Figure 14.4 a, b, c and d).

N
S O
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Figure 14.4 (a) Pyramid of numbers in a grassland ecosystem. Only three top-carnivores are

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supported in an ecosystem based on production of nearly 6 millions plants

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B H
Figure 14.4 (b) Pyramid of biomass shows a sharp decrease in biomass at higher trophic levels

248

Figure 14.4 (c) Inverted pyramid of biomass-small standing crop of phytoplankton supports large
standing crop of zooplankton
ECOSYSTEM

A
N
S O
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Figure 14.4 (d) An ideal pyramid of energy. Observe that primary producers convert only 1% of
the energy in the sunlight available to them into NPP

S
S
Any calculations of energy content, biomass, or numbers has to

E
include all organisms at that trophic level. No generalisations we make
will be true if we take only a few individuals at any trophic level into

E
account. Also a given organism may occupy more than one trophic level
simultaneously. One must remember that the trophic level represents a

Y
functional level, not a species as such. A given species may occupy more

A
than one trophic level in the same ecosystem at the same time; for example,
a sparrow is a primary consumer when it eats seeds, fruits, peas, and a

R
secondary consumer when it eats insects and worms. Can you work out
how many trophic levels human beings function at in a food chain?

T
In most ecosystems, all the pyramids, of number, of energy and
biomass are upright, i.e., producers are more in number and biomass

A
than the herbivores, and herbivores are more in number and biomass

H
than the carnivores. Also energy at a lower trophic level is always more
than at a higher level.

B
There are exceptions to this generalisation: If you were to count the
number of insects feeding on a big tree what kind of pyramid would you
get? Now add an estimate of the number of small birds depending on the
insects, as also the number of larger birds eating the smaller. Draw the
shape you would get.
The pyramid of biomass in sea is also generally inverted because the
biomass of fishes far exceeds that of phytoplankton. Isn’t that a paradox?
How would you explain this?
249
Pyramid of energy is always upright, can never be inverted, because
when energy flows from a particular trophic level to the next trophic level,
some energy is always lost as heat at each step. Each bar in the energy
pyramid indicates the amount of energy present at each trophic level in a
given time or annually per unit area.
BIOLOGY

However, there are certain limitations of ecological pyramids such as


it does not take into account the same species belonging to two or more
trophic levels. It assumes a simple food chain, something that almost
never exists in nature; it does not accommodate a food web. Moreover,

A
saprophytes are not given any place in ecological pyramids even though

N
they play a vital role in the ecosystem.

14.6 ECOLOGICAL SUCCESSION

S O
You have learnt in Chapter 13, the characteristics of population and
community and also their response to environment and how such

R
responses vary from an individual response. Let us examine another aspect
of community response to environment over time.

U
An important characteristic of all communities is that composition

S
and structure constantly change in response to the changing
environmental conditions. This change is orderly and sequential, parallel

S
with the changes in the physical environment. These changes lead finally
to a community that is in near equilibrium with the environment and

E
that is called a climax community. The gradual and fairly predictable

E
change in the species composition of a given area is called ecological
succession. During succession some species colonise an area and their

Y
populations become more numerous, whereas populations of other species

A
decline and even disappear.
The entire sequence of communities that successively change in a

R
given area are called sere(s). The individual transitional communities are
termed seral stages or seral communities. In the successive seral stages

T
there is a change in the diversity of species of organisms, increase in the
number of species and organisms as well as an increase in the total biomass.

A
The present day communities in the world have come to be because

H
of succession that has occurred over millions of years since life started on
earth. Actually succession and evolution would have been parallel

B
processes at that time.
Succession is hence a process that starts where no living organisms
are there – these could be areas where no living organisms ever existed,
say bare rock; or in areas that somehow, lost all the living organisms that
existed there. The former is called primary succession, while the latter is
termed secondary succession.
250 Examples of areas where primary succession occurs are newly cooled
lava, bare rock, newly created pond or reservoir. The establishment of a
new biotic community is generally slow. Before a biotic community of
diverse organisms can become established, there must be soil. Depending
mostly on the climate, it takes natural processes several hundred to several
thousand years to produce fertile soil on bare rock.
ECOSYSTEM

Secondary succession begins in areas where natural biotic


communities have been destroyed such as in abandoned farm lands,
burned or cut forests, lands that have been flooded. Since some soil or
sediment is present, succession is faster than primary succession.

A
Description of ecological succession usually focuses on changes in

N
vegetation. However, these vegetational changes in turn affect food and
shelter for various types of animals. Thus, as succession proceeds, the

O
numbers and types of animals and decomposers also change.
At any time during primary or secondary succession, natural or

S
human induced disturbances (fire, deforestation, etc.), can convert a

R
particular seral stage of succession to an earlier stage. Also such
disturbances create new conditions that encourage some species and

U
discourage or eliminate other species.

S
14.6.1 Succession of Plants
Based on the nature of the habitat – whether it is water (or very wet areas)

S
or it is on very dry areas – succession of plants is called hydrach or xerarch,

E
respectively. Hydrarch succession takes place in wetter areas and the
successional series progress from hydric to the mesic conditions. As against

E
this, xerarch succession takes place in dry areas and the series progress

Y
from xeric to mesic conditions. Hence, both hydrarch and xerach
successions lead to medium water conditions (mesic) – neither too dry

A
(xeric) nor too wet (hydric).

R
The species that invade a bare area are called pioneer species. In
primary succession on rocks these are usually lichens which are able to

T
secrete acids to dissolve rock, helping in weathering and soil formation.
These later pave way to some very small plants like bryophytes, which

A
are able to take hold in the small amount of soil. They are, with time,
succeeded by bigger plants, and after several more stages, ultimately a

H
stable climax forest community is formed. The climax community remains

B
stable as long as the environment remains unchanged. With time the
xerophytic habitat gets converted into a mesophytic one.
In primary succession in water, the pioneers are the small
phytoplanktons, they are replaced with time by free-floating angiosperms,
then by rooted hydrophytes, sedges, grasses and finally the trees. The
climax again would be a forest. With time the water body is converted
into land (Figure 14.5).
In secondary succession the species that invade depend on the
251
condition of the soil, availability of water, the environment as also the
seeds or other propagules present. Since soil is already there, the rate of
succession is much faster and hence, climax is also reached more quickly.
What is important to understand is that succession, particularly
primary succession, is a very slow process, taking maybe thousands of
BIOLOGY

A
N
S O
R
SU
ES
Y E
A
R
A T
B H
252
Figure 14.5 Diagramatic representation of primary succession

years for the climax to be reached. Another important fact is to understand


that all succession whether taking place in water or on land, proceeds to
a similar climax community – the mesic.
ECOSYSTEM

14.7 NUTRIENT CYCLING


You have studied in Class XI that organisms need a constant supply of
nutrients to grow, reproduce and regulate various body functions. The

A
amount of nutrients, such as carbon, nitrogen, phosphorus, calcium, etc.,
present in the soil at any given time, is referred to as the standing state. It

N
varies in different kinds of ecosystems and also on a seasonal basis.
What is important is to appreciate that nutrients which are never lost

O
from the ecosystems, they are recycled time and again indefinitely. The

S
movement of nutrient elements through the various components of an
ecosystem is called nutrient cycling. Another name of nutrient cycling

R
is biogeochemical cycles (bio: living organism, geo: rocks, air, water).
Nutrient cycles are of two types: (a) gaseous and (b) sedimentary. The

SU
ES
Y E
A
R
A T
B H
Figure 14.6 Simplified model of carbon cycle in the biosphere 253
reservoir for gaseous type of nutrient cycle (e.g., nitrogen, carbon cycle)
exists in the atmosphere and for the sedimentary cycle (e.g., sulphur and
phosphorus cycle), the reservoir is located in Earth’s crust. Environmental
factors, e.g., soil, moisture, pH, temperaturer etc., regulate the rate of
release of nutrients into the atmosphere. The function of the reservoir is
BIOLOGY

to meet with the deficit which occurs due to imbalance in the rate of influx
and efflux.
You have made a detailed study of nitrogen cycle in class XI. Here we
discuss carbon and phosphorus cycles.

14.7.1 Ecosystem – Carbon Cycle


A
N
When you study the composition of living organisms, carbon constitutes

O
49 per cent of dry weight of organisms and is next only to water. If we
look at the total quantity of global carbon, we find that 71 per cent carbon

S
is found dissolved in oceans. This oceanic reservoir regulates the amount

R
of carbon dioxide in the atmosphere (Figure 14.6). Do you know that the
atmosphere only contains about 1per cent of total global carbon?

U
Fossil fuel also represent a reservoir of carbon. Carbon cycling occurs
through atmosphere, ocean and through living and dead organisms.

S
According to one estimate 4 × 1013 kg of carbon is fixed in the biosphere
through photosynthesis annually. A considerable amount of carbon

S
returns to the atmosphere as CO2 through respiratory activities of the

E
producers and consumers. Decomposers also contribute substantially
to CO2 pool by their processing of waste materials and dead organic matter

E
of land or oceans. Some amount of the fixed carbon is lost to sediments

Y
and removed from circulation. Burning of wood, forest fire and combustion
of organic matter, fossil fuel, volcanic activity are additional sources for

A
releasing CO2 in the atmosphere.
Human activities have significantly influenced the carbon cycle. Rapid

R
deforestation and massive burning of fossil fuel for energy and transport
have significantly increased the rate of release of carbon dioxide into the

T
atmosphere (see greenhouse effect in Chapter 16).

A 14.7.2 Ecosystem – Phosphorus Cycle

H
Phosphorus is a major constituent of biological membranes, nucleic acids

B
and cellular energy transfer systems. Many animals also need large
quantities of this element to make shells, bones and teeth. The natural
reservoir of phosphorus is rock, which contains phosphorus in the form
of phosphates. When rocks are weathered, minute amounts of these
phosphates dissolve in soil solution and are absorbed by the roots of the
plants (Figure 14.7). Herbivores and other animals obtain this element
from plants. The waste products and the dead organisms are decomposed
254 by phosphate-solubilising bacteria releasing phosphorus. Unlike carbon
cycle, there is no respiratory release of phosphorus into atmosphere. Can
you differentiate between the carbon and the phosphorus cycle?
The other two major and important differences between carbon and
phosphorus cycle are firstly, atmospheric inputs of phosphorus through
rainfall are much smaller than carbon inputs, and, secondly, gaseous
ECOSYSTEM

A
N
S O
R
SU
ES
Figure 14.7 A simplified model of phosphorus cycling in a terrestrial
ecosystem

negligible.

Y E
exchanges of phosphorus between organism and environment are

14.8 ECOSYSTEM SERVICES


A
R
Healthy ecosystems are the base for a wide range of economic,
environmental and aesthetic goods and services. The products of

T
ecosystem processes are named as ecosystem services, for example,

A
healthy forest ecosystems purify air and water, mitigate droughts and
floods, cycle nutrients, generate fertile soils, provide wildlife habitat,

H
maintain biodiversity, pollinate crops, provide storage site for carbon
and also provide aesthetic, cultural and spiritual values. Though value

B
of such services of biodiversity is difficult to determine, it seems
reasonable to think that biodiversity should carry a hefty price tag.
Robert Constanza and his colleagues have very recently tried to
put price tags on nature’s life-support services. Researchers have put
an average price tag of US $ 33 trillion a year on these fundamental
ecosystems services, which are largely taken for granted because they
are free. This is nearly twice the value of the global gross national 255
product GNP which is (US $ 18 trillion).
Out of the total cost of various ecosystem services, the soil
formation accounts for about 50 per cent, and contributions of other
services like recreation and nutrient cycling, are less than 10 per
cent each. The cost of climate regulation and habitat for wildlife are
about 6 per cent each.

compiled by BHAT RAYEES SURSONA


A
HUMAN ACTIVITIES AND ENVIRONMENT

N
Food: World grain production increased almost three times during the last 50 years. But at the
same time population growth increased in the developing or Third World countries at such rate

O
that it surpassed food production. Each year about 40 million people in the developing
countries die of malnutrition and starvation. In other words, our food shortage in

S
some areas is killing every year as many people as were killed by the dropping of atom bomb
on Hiroshima during World War II.

R
India is the third largest producer of the staple crops— wheat, rice, maize but about 300

U
million people are still undernourished (receiving less than 90% of the minimum required
calorie intake of 2500 calories/day). Our food crises are directly linked to population explosion

S
(See also Unit-III).
Shelter, Economic and Social Security: India has the lowest man:land ratio—barely

S
0.48 ha. per capita. It has continuously declined since the 60s. Land is facing too much pressure
on various fronts due to increasing population— housing (shelter), agriculture, industry,

E
urbanisation etc. In order to satisfy his needs and greeds for better lifestyle, man has been
exploiting the natural resources—forests, water bodies, minerals etc. excessively. This has

E
led to environmental degradation and pollution which, in turn, have threatened his economic and
social security and, as a matter of fact, his survival on earth.

Y
OZONE layer
In the stratosphere, the second layer of the atmosphere, ozone is present in small quantities as a

A
protective shield for the earth. Ozone strongly absorbs ultraviolet radiation from the sun (295–

R
320 nm) which is injurious to life on earth. Thus, it protects living species on earth. But recent
human activities have injected some dangerous chemicals into the stratosphere which consume
ozone and reduce its concentration. This is the phenomenon of ozone hole in the stratosphere.

T
Exhaust gases from jet aircraft and artificial satellites discharge nitric oxide (NO), nitrogen dioxide

A
(NO2), etc. which immediately react with ozone.
Chloroflourocarbons (CFC) are used as coolants in refrigerators and air-conditioners. These

H
slowly pass from troposphere to stratosphere and once there, they stay there 100 years. In the
presence of ultraviolet radiation (200 nm) from the sun, CFC breaks up into chlorine-free radical

B
(Cl) which readily consumes ozone.
The free radical (Cl•) is regenerated and continues the chain reaction. It is estimated that one
molecule of CFC consumes one lakh molecules of ozone. The damage by CFC continues for 100
years. Even if CFC production is stopped now all over the world, the CFC that is already there in
the stratosphere will continue to damage the ozone layer for the next 100 years.
In 1979, ozone hole was observed in the sky over Antarctica—here ozone layer thickness was
reduced by 30 per cent. Later on ozone hole was discovered in the sky over the thickly populated
northern hemisphere. Here in winter ozone thickness was reduced by 4 per cent and in summer
by 1 per cent.
Ozone hole allows passage of ultraviolet radiation to the earth where it causes skin cancer, eye-
sight defect, genetic disorder, etc. in the biosphere (man, animal and plant). In Europe and USA
there is an increase in the cases of skin cancer among people while some million people are
suffering from eye cataract.
In Montreal Conference (Montreal Protocol, 1987) and London Conference (1992), it was decided
that the developed countries would totally ban CFC production by 2000 and the developing
countries by 2010 AD. But as stated above, even after the ban is enforced, the CFC and Cl shall
continue their havoc for another 100 years. Researches are on for the development of CFC-
substitutes as coolants for refrigerators and air-conditioners.
GREENHOUSE EFFECT (GLOBAL WARMING)
A
N
Carbon dioxide is a non-pollutant gas in the atmosphere and a minor

O
constituent (356 parts per million) but it is of serious concern for the
environment for its ability to change the global climate.

S
The earth’s surface partly absorbs sun’s rays while emitting long-wave

R
infra-red radiation (8000-25000 nanometres; 1 nanometre = 10–9 metre =
1 nm). Carbon dioxide and water vapour in the atmosphere strongly absorb

U
infra-red radiation (14,000–25,000 nm) and effectively block a large fraction of

S
the earth’s emitted radiation. The radiation thus absorbed by carbon dioxide
and water vapour is partly returned to the earth’s surface. The net result is
that the earth’s surface gets heated and the phenomenon is known as the

S
Greenhouse Effect (Fig. 3.6).

E
The carbon dioxide level in air has increased from 280 ppm (pre-

E
industrial revolution era, 1780) to 350 ppm at present in two centuries.
Fossil fuel (petrol, diesel, coal) combustion is the major source of increase of

Y
carbon dioxide level increasing at the rate of 1–2 per cent per year.

A
At this rate of increase, the earth’s surface temperature may rise as much as
2°C in the next 100 years. However, nature has its check and balance

R
system. The rate of increase of carbon dioxide is only 50 per cent of its expected
magnitude due to the sinks, viz. oceans and photosynthesis by green plants

T
(Fig. 3.7).

A
It may be noted that a slight rise in temperature, even by 1°C, can have
adverse effect on the world food production.

B H
A
Atmospheric window
(8000 – 13000 nm)

N
unabsorbed
H2O CO2
CO2 IR radiation
H2O

H2O
CO2 CO2
H2O

CO2

S O
R
U
HO
2

H2O CO2 CO2

Earth’s Surface (emitter of IR radiation) H O = Water, CO2 = Carbon dioxide


S
S
Fig. 3.6: The greenhouse effect

CO2

CO 2
CO 2
Atmosphere
CO
2

E E Photosynthesis

Y
Death and
Uptake by ocean
decay of

A
plants
Ocean Plants

R

Auto Factories CO2 HCO 3 (Biomass)
exhaust
Organic 2–

T
CO 3
carbon
2– –

A
CO 3 = Carbonate, HCO 3 = Bicarbonate

H
Fig. 3.7: Sources and sinks of carbon dioxide
1. Thus, wheat-producing zones in the northern latitude

B
will be shifted from CIS (former USSR) and Canada to the
north pole and in India from UP, Panjab, Haryana to the
Himalayas, i.e., from fertile to non-productive soil. In
other words, wheat production will badly suffer.
A
2. The biological productivity of the ocean will fall due to
warming of the surface layer. This reduces transport

N
of nutrient from deeper layers of the ocean to the surface by
vertical circulation. Moreover, there will be less

O
photosynthesis by marine plants. In other words, the

S
production of sea food (marine plants and fish) will decline.
Sea food constitutes more than 30 per cent of our food

R
supply.
Another disastrous effect is the rise in sea levels by as

U
3.
much as 15 cm in the next 100 years due to partial melting

S
of polar ice caps. This sea level rise would threaten
coastal cities (Kolkata, Mumbai, Chennai, etc.) and some

S
60-odd island nations such as Maldives, Bangladesh, etc.
which will be drowned under the sea. When Himalayan

E
snow will melt and get exhausted, the Himalayan
rivers including Ganga may dry up—the Ganga valley will

E
be hot and north India will lose its population base. At the

Y
same time, India will lose its major life line, Ganga.

A
Other Greenhouse Gases
Carbon dioxide is not the only culprit responsible for greenhouse effect and

R
global warming. Other greenhouse gases are: methane, chlorofluorocarbons,
nitrous oxide, ozone and water vapour. The relative contributions of these

T
gases to greenhouse effect are:

A
Carbon dioxide, 50 per cent; Methane, 19 per cent; Chlorofluorocarbons, 17
per cent; Ozone, 8 per cent; Nitrous oxide, 4 per cent; Water vapour, 2 per

H
cent.

B
This shows that carbon dioxide accounts for 50 per cent of the greenhouse
gases. The shares of methane (19 per cent) and chlorofluorocarbons (17
per cent) (gases from refrigerators and air-conditioners) cannot be
ignored.
ENVIRONMENTAL MOVEMENTS
Chipko Movement
In 1973, the Chipko Movement (Chipako means to hug or stick to) was launched by Chandi Prasad
Bhatt and Sunder Lal Bahuguna against large scale felling of trees by timber contractors in the
Uttarakhand hills (formerly in UP). The starting point was Chamoli district of Garhwal region
in Uttarakhand. A unique feature was that local hill women from villages were organised and made
aware of the ecological threat in the hills. They took active part in the campaign—they embraced
trees when the timber contractors reached and compelled them to leave. This novel campaign of
saving hill forests and greenery soon spread all along the hill region and to Karnataka in the south
in 1983 where it was named “Appiko”.
A
In course of time the Chipko movement crossed geo- graphical boundaries and observed as
Chipko Day at New York, USA on April 29, 1983. A group of school children assembled

N
and hugged a big tree in Union Square Park, followed by some adults.
Silent Valley Movement

O
Silent Valley occupies an area of 8950 hectares at an altitude of 3000 ft. in Palakkad district,
Kerala. It is surrounded by the Nilgiri forests to the north and Attappadi forests to the east—

S
together they comprise 40,000 hectares of pristine (i.e., primitive) forest. This tropical rain forest

R
in the Western Ghats is a precious reservoir of genetic diversity which has not been fully
exploited—here plant species and other forms of life have survived for centuries in the forest. It is

U
this gene pool to which man has to turn in future for new materials for agriculture, for life-
saving drugs, etc.The Kerala State Government decided to construct a dam in the Silent Valley

S
for generation of 120 MW (megawatts) of electricity in 1976 at an estimated cost of Rs 25
crores (revised in 1984 to Rs 51 crores). The proposed dam would store 270 million cubic feet

S
water in a reservoir spreading over 700 hectares. In order to save the Silent Valley from
destruction in the process of government dam project, the Kerala-based NGO, Kerala Sastra

E
Sahitya Parishad (KSSP) launched the Silent Valley Movement, supported by students, teachers
and people of Kerala.Soon the apex policy-making bodies NCEPC, DOEn and Switzerland-

E
based IUCN (International Union for Conservation of Nature and Natural Resources)

Y
strongly supported the cause of Silent Valley. Finally the Prime Minister (Indira Gandhi)
in 1983 accepted the recommendation of top scientists and environmentalists and declared the

A
Silent Valley as the Biosphere Reserve by cancelling the hydel project proposal of the State
government.

R
This is the success story of an environmental movement for protection of an important
biosphere reserve.

T
Narmada Dam
Narmada is the largest west flowing river arising from the Amarkhandak plateau in Shahdol

A
district of Madhya Pradesh and travels 1300 km, draining 9.88 million hectares between the
Vindhya and Satpura ranges. This vast basin— average annual flow is 41 billion cubic

H
metres—is mostly untapped because of inter-state (Gujarat, MP) water disputes. The MP
government undertook a gigantic plan—Narmada Basin Development Programme—which

B
involves construction of 31 large dams for Narmada and its tributaries, 450 medium-sized
projects and several thousand minor structures at a cost of about Rs 25,000 crores. The
benefits were projected—several million hectares of land irrigated; water supply to thousands
of industries; several thousand megawatts of power, etc.
But according to environmentalists and environment action groups, massive damming of the
Narmada river could be a blueprint for disaster. The basin is one of the most dense forests in
India. The project would imply displacement of over 1 million people, mostly tribals,
submerging of over 1000 villages and over 50,000 hectares of agricultural land and also loss of
forests in the region. The damage to environment and people far outweighs the projected
benefits. The environmental action groups, led by the environmentalist, Smt. Medha
Patekar, organised sustained movement to stall the projects of Sardar Sarovar and Narmada
Sagar dams and partly succeeded.
ENVIRONMENTAL ETHICS AND AWARENESS
India has a rich tradition of environmental ethics since the Vedic era, some 5000 years ago. The
spirit of conservation ethics was inherent in our history, culture, religion and philosophy. The
message of Isha-Upanishad underscores the philosophy:
A
“The Universe has been created and nurtured by God. Man can enjoy the bounties of
Nature by giving up greed.”

N
The sublime concept of living harmoniously with nature was practised by our rishis (seers);
their tapovan ashramas (forest hermitages for meditation) and gurukul education (teacher-

O
based education) are models for all ages. The compassion for animates and inanimates is the
keynote of Indian culture. Buddha and Mahavira preached non-violence (“Ahimsa Paramo

S
Dharma”) 2500 years ago, which was also introduced in the 20th century by Mahatma Gandhi.
The Nobel laureate world poet, Tagore presented to the nation the concepts and practices of

R
Vriksharopana (tree plantation) ceremony in 1927 and Ashrama Model Open Air School at
Santiniketan (1902), that is, long before the world woke up to the alarming environmental

U
issues.But we failed to sustain our heritage of environmental ethics and lead the world in this

S
matter. We were swept by the western world approach of establishing supremacy over nature
and exploiting the natural resources, instead of utilising them as per our old tradition.
Again our concern for environment started only two decades after the western world took note

S
of it and worked seriously for handling the environmental issues.

E
Environmental Awareness
The International Conference on Environmental Education in 1981 stressed the

E
need for environmental education at all levels to help arouse social and community
consciousness about the environment.

Y
The Bhopal disaster of 1984, the worst environmental disaster in history, focussed very

A
bluntly on the need of environmental education and awareness in India. The disaster
took toll of 10,000 lives in one week; 1000 people

R
turned blind and more than 1 lakh people continue to suffer from various disorders. This
tragedy was possible in Third World countries like India due to negligence and lack of

T
awareness at all levels—Central government, State government, industry, public and
hospital doctors.

A
In this context, it is important to note the Chinese proverb relating to education:

H
“If you plan for one year, plant rice; If you plan for ten years, plant trees;
But if you plan for 100 years, educate the people.”

B
So, people’s education is important in the long-term interest of a country.
People must be made aware of the present state of environment and crisis and also the
remedies. Both formal and non-formal education should be the instruments of education
and awareness. Formal education (school/college/ university) is meant for students in the
educational system. Non-formal education (adult education, literacy mission, etc.) is meant for
those who are outside our educational institutions, that is, the majority of Indian
population. In other words, the basic or elementary concepts of environment should
reach out to the entire population all over the country. The University Grants
Commission recently urged the universities to introduce the syllabus on environment for
undergraduates in all streams (Arts/Science/ Commerce). The present book has been
designed as a textbook for this purpose.
Environmental ethics can be cultivated from now on so that it can be part of the lifestyle of
the present and future generations. The following guidelines are meant for the
government/institutions and individuals in their daily lives:
For the Government(National Policy)[Action Plan]
Reduce population growth rate by 30 per cent (from
3.0 to less than 2.0 per cent) over the next five years.
1. Reduce livestock population by 30 per cent over the next five years in order to cut down methane
(green house gas) emissions.
2. Shift from coal-fired thermal power stations to gas- fired power stations, solar energy, wind power
and hydel power as alternative sources of energy.
3. Impose heavy penalties for motor vehicles exceeding emission levels.

A
4. Introduce CFC-substitutes in all air-conditioners and refrigerators to reduce ozone hole.

N
For the Individuals and Groups [Actions Plan]
1. Keep your home, the surrounding areas and also working places (offices/institutions) clean.

O
2. Enforce “No Smoking” in as many public places (offices/institutions/banks/post

S
offices/public transports/public halls, etc.) as possible besides own homes.
3. Promote literacy and environmental campaigns among the masses.

R
4. Organise environmental brigades in every block consisting of young and old people

U
including girls and women for protection and conservation of environment.
5. In critical situations where environment is on the point being destroyed, organise environmental

S
movement along the lines of the Chipko and Silent Valley movements involving teachers,
students and people.

S
6. Let us take the solemn pledge in our day-to-day life that we shall do our best to make this world a
better place to live in for our next and future generations.

E
Non-Government Organisations (NGOs)

E
NGOs play important roles in environmental awareness and education. Out of about 200 NGOs,
130 are engaged in

Y
these areas, 50 in nature conservation, 50 in pollution control, 45 in afforestation and social
forestry, 15 in rural development and 10 in eco-development. Most of these carry out

A
academically-oriented activities. In critical situations, they also launch environmental movements.
Among the pioneer NGOs, mention should be made of Kerala Sastra Sahitya Parishad

R
(KSSP) which piloted the Silent Valley Movement and successfully stalled the State
government hydel project.

T
Glossary

A
Age-structure: Percentage of men and women in the young, adult and old age group in the
population.

H
Acid Rain: Rain water containing mixtures of acids (nitric, hydrochloric and sulfuric acid)

B
from polluted air is known as acid rain. It damages lakes, forests and marble sculptures.
Air Pollution: Various gaseous pollutants from natural and man-made source enter the
atmosphere and have adverse effects on the normal properties of air. This leads to air
pollution, which is harmful for man and environment.
Air Pollutants: Gases and particles which cause air pollution are called air pollutants.
Air Quality: Each pollutant in air has a limiting concentration, which if exceeded,
causes public health hazards.
Aquifer: A highly permeable layer of sediment or rock containing water.
Anthropogenic: Caused by man or man-made things.
Bioaccumulation: Accumulation of non-biodegradable substances in the body (e.g., lead,
mercury, DDT etc.) through food chain.
Biodiversity: Genetic variety among individual species and between species of plants,
micro-organism and
animals. There are about 10 million species of plants, micro-organisms and animal on earth. These living natural
resources are essential for the welfare of mankind.
Biogeochemical Cycles: Circulation of nutrients in cycles among air, soil, water and micro-organisms.
Biomagnification: Increase in concentration of non-bio- degradable substance (e.g., lead, mercury, DDT) at suc-
cessive trophic levels in a food chain (same as bioaccumulation above).
B.O.D.: Biological oxygen demand—amount of dissolved oxygen required by micro-organisms to breakdown organic matter

A
present in water.
Biomass: Organise matter produced by living organisms.

N
Biome: A broad region-based ecosystem with distinct climate, soil, flora and fauna.
Biosphere: Composite environment consisting of land, air, water, micro-organism, plants, animals and man. Biosphere and

O
environment have close interaction with each other.

S
Biosphere Reserve: World heritage sites, identified by ICECN, due to their high biodiversity and unique ecosystem
e.g., Silent Valley (Kerala).

R
Carcinogen: Chemicals promoting cancer e.g., benzo-α- pyrene, arsenic, DDT etc.

U
Carrying Capacity: Maximum population size that a given system can support over a given period of time.
Chlorofluorocarbons (CFC): Used as solvent, refrigerant, fire retardant etc. Responsible for ozone hole and

S
greenhouse effect.
Community: Population of various species living and interacting in a given area.

S
Compost: A nutrient rich soil produced by decomposition of organic matter under aerobic conditions.

E
DDT: Pesticide useful in agriculture and eradication of malaria.
Doubling Time: Period during which population doubles itself. It is about 100 years in developed countries and 40 years

E
in India.

Y
Dependency Ratio: Ratio of people 65+ (above 65) and 15 (under 15) to the rest of the population.
Ecology: Study of interactions of living organisms with their biotic and abiotic environments.

A
Ecosystem: A biological community and its physical environment exchanging matter and energy.

R
Environment: Something that environs i.e., encircles all our surroundings—the natural world in which we live — the
living and non-living objects around us in our day-to- day living.

T
Environmental Studies: The studies of the quality of environment and all aspects of human environment, their
degradation etc. comprise environmental studies.

A
Eutrophication: Overnourishment of waterbodies due to excessive nitrates and phosphates received through run- off—it
is harmful for the waterbodies.

H
Environmental Impact Assessment (EIA): A systematic analysis of the effects of a major development

B
project on environment.
Extinction: Loss of species on earth as natural or man- made process.
Fauna: All the animal species present in a given region.
Flora: All plant species present in a given region.
Food Chain: A feeding series in an ecosystem e.g. plants→animals→man.
Fossil Fuels: Fuels produced by fossilization of plants/ animals such as petroleum, coal, natural gas.
Gasohol: Mixture of gasoline and alcohol is known as gasohol, used as a fuel in Brazil for running cars and buses.
GNP (Gross National Product): An index of a country’s economic status based on consumerism i.e., commodities
purchased per year, consumer durables and financial status of consumer.
Greenhouse Effect (Global Warming): Rise in temperature of the earth’s surface due to increase in the levels of
greenhouse gases viz., carbon dioxide, methane etc. The latter trap heat from the earth’s surface and returns it
thereby raising the earth’s surface temperature. This phenomenon is similar to trapping of heat in glass- covered green
house (used for growth of vegetables and flowers during winter) and hence called greenhouse effect.
Greenhouse Gases: Gases such as carbon dioxide, methane, water vapour etc. which absorb earth’s infra-red radiation, return
it to the earth’s surface thereby raising the temperature (global warming).
Groundwater: Water held in aquifers 50% below the earth’s surface. This is the major source (0.66%) for
freshwater.
Heterotroph: Organism that can’t synthesize its own food and derives its nourishment by feeding on other.
Humus: A dark amorphous substance that is partially degraded and serves as a major source of nutrients to
plants.
Hurricanes: Cyclonic storms with heavy rains and wind at speed exceeding 120 km/per hour.

A
Infant Mortality: Number of infants born per 1000 who die before their first birthday.

N
Life Expectancy: Average number of years a new-born baby is expected to survive.
Lithosphere: Outer shell of the earth’s crust, made of the mantle of rocks. It includes the soil which covers the rock’s crust in

O
many places.

S
Magma: Molten rock below the earth’s surface.
Monoculture: Cultivation of a single crop of tree.

R
Natural Gas: Underground deposits of gases containing mainly methane and small amounts of propane and
butane. It is a cleaner fuel than fossil fuel as it produces less carbon dioxide on burning.

U
Natural Hazards: Hazards from natural sources (earthquake, volcanic eruption etc.) which destroy or damage

S
human lives, houses etc.
Neutron: Nuclear particle with zero charge and mass, (relative to it).

S
Nitrogen Cycle: Continuous exchange of nitrogen within the ecosystem: air-soil-water.
Nitrogen Fixation: Conversion of atmospheric nitrogen gas into ammonia by nitrogen-fixing bacteria/cyanobacteria.

E
Nuclear Fission: Splitting of nucleus (uranium/ plutonium) into two or more fragments with release of

E
tremendous amount of energy. This is the source of nuclear power (electricity generation).
PAN (Peroxyacyl Nitrate): A toxic product of photo- chemical smog reactions.

Y
Particulate Matter: Solid particles or ligand droplets suspended in air. Examples are smog particles from

A
combustion of fossil fuels.
Photosynthesis: Synthesis of food (carbohydrates) by green plants in the presence of sunlight using carbon

R
dioxide from air and water from soil.
Phytoplankton: Small plants like algae, bacteria found floating on the surface of water.

T
Photovoltaic Cell: Solar cell that converts, solar energy into electricity.

A
Population Explosion: Excessive growth of population as in developing countries, to a size that exceeds the
carrying capacity.

H
Primary Pollutants: Gaseous and particulate pollutants discharged directly into the atmosphere by automobile exhaust
emissions. The gases thus discharged are carbon monoxide, nitrogen oxides, sulphur dioxide, and hydrocarbons.

B
Residence Time: Length of time for which a chemical or molecule stays in the environment. For example, the
residence time of CFC (chlorofluorocarbon) molecule in the stratosphere is 100 years.
Sanitary Landfill: Waste disposal site on land in which solid waste is spread with fresh layer of clay.
Secondary Pollutant: Harmful pollutants generated from primary pollutants air, for example, sulphonic acid is a
secondary pollutant, produced by the primary pollutant sulphur dioxide by reaction with water vapour in air.
Sustainable Development: Improvement in quality of life over a long-term without degrading the environment or
compromising the needs of future generations.
Tectonic Plates: Huge blocks of earth’s crust which slide along slowly.
Transpiration: Loss of water from plant surfaces.
Troposphere: The bottom region of the atmosphere at an altitude of 0-11 km. It contains 70 per cent of air masses which
are always in motion. Here temperature decreases with increasing altitude.
Stratosphere: This region is above the troposphere at an altitude of 11-50 km above the earth’s surface. Here ozone
acts as a protective shield against ultraviolet radiation from space and thus protects life on earth.
Urbanization: Increasing population in cities by migration from villages and other states. India has a huge urban
population (about 300 million).
Waterlogging: Saturation of soil with irrigation water or excessive rain whereby water table rises close to
surface.
Watershed: Land area from which water drains under gravity to a common drainage channel.
Wetlands: Ecosystems with stagnant water pool and having rooted vegetation.

Gases, Liquids, and Solids

Gases, liquids and solids are all made up of atoms, molecules, and/or ions, but the behaviors of these particles
differ in he three phases. The following figure illustrates the microscopic differences.

A
N
S O
Microscopic view of a gas. Microscopic view of a liquid.
R
Microscopic view of a solid.

Note that:

SU
S
• Particles in a:
o gas are well separated with no regular arrangement.

E
o liquid are close together with no regular arrangement.
o solid are tightly packed, usually in a regular pattern.

E
• Particles in a:
o gas vibrate and move freely at high speeds.

Y
o liquid vibrate, move about, and slide past each other.
o solid vibrate (jiggle) but generally do not move from place to place.

A
Liquids and solids are often referred to as condensed phases because the particles are very close together.

R
The following table summarizes properties of gases, liquids, and solids and identifies the microscopic behavior

T
responsible for each property.

A
Some Characteristics of Gases, Liquids and Solids and the Microscopic Explanation for the Behavior

H
Gas Liquid Solid

B
assumes the shape and volume assumes the shape of the part retains a fixed volume and
of its container of the container which it shape
particles can move past one occupies rigid - particles locked into
another particles can move/slide past place
one another

compressible not easily compressible not easily compressible


lots of free space between little free space between little free space between
particles particles particles

flows easily flows easily does not flow easily


particles can move past one particles can move/slide past rigid - particles cannot
another one another move/slide past one another

What are the properties of a solid liquid and a gas?


In a solid, molecules are packed together, and it keeps its shape. Liquids take the shape of the container.
Gases spread out to fill the container. Solid is one of the three main states of matter, along with liquid and gas.
What are some liquids?
Examples of Liquids
• water.
• milk.
• blood.
• urine.

A
• gasoline.
• mercury (an element)

N
• bromine (an element)
• wine.

O
• What are the properties of a liquid?
• Liquids take on the shape of their container. The liquid state of matter is an intermediate phase

S
between solid and gas. Like the particles of a solid, particles in a liquid are subject to intermolecular
attraction; however, liquid particles have more space between them, so they are not fixed in position.

R
• What are the properties of a gas?
• Gases have three characteristic properties: (1) they are easy to compress, (2) they expand to fill their

U
containers, and (3) they occupy far more space than the liquids or solids from which they form. An
internal combustion engine provides a good example of the ease with which gases can be compressed.

S
• What makes something a liquid?
• Keep squeezing or cooling and you'll lock them together tightly to make a solid. Artwork: Left: Solids

S
are more dense than liquids: they have more atoms packed into the same space. The atoms are tightly
packed together and stay in shape all by themselves, though they do move about on the spo

E
• What is a gas in chemistry?
• A gas is a state of matter with no defined shape or volume. Gases have their own unique behavior

E
depending on a variety of variables, such as temperature, pressure, and volume.

AY
R
A T
B H
MODULE Vitamins

Biochemistry

A
Notes
N
O
VITAMINS
COMPILED BY BHAT RAYEES
S
SURSONA
R
U
10.1 INTRODUCTION

S
The term “vitamin” is used to describe certain organic compounds that are
needed by the body but that cannot be manufactured by the body. They mainly

S
serve as catalysts for certain reactions in the body. The amounts of vitamins

E
required are very small, perhaps hundredths of grams. Vitamins are mainly
obtained from our foods.

Y E
A
OBJECTIVES

R
After reading this lesson, you will be able to

T
z classify vitamins

A
z describe Water soluble vitamins
z describe Fat soluble vitamins

B H
10.2 CLASSIFICATION OF VITAMINS
Based on solubility Vitamins are classified as either fat-soluble (lipid soluble)
or water-soluble. Vitamins A, D, E and K are fat-soluble Vitamin C and B is
water soluble.

WATER-SOLUBLE VITAMINS

10.3 B-COMPLEX VITAMINS


Eight of the water-soluble vitamins are known as the vitamin B-complex group:
thiamin (vitamin B1), riboflavin (vitamin B2), niacin (vitamin B3), vitamin B6
(pyridoxine), folate (folic acid), vitamin B12, biotin and pantothenic acid. The

142 BIOCHEMISTRY
Vitamins MODULE
B vitamins are widely distributed in foods and their influence is felt in many parts Biochemistry
of the body. They function as coenzymes that help the body obtain energy from
food. The B vitamins are also important for normal appetite, good vision, and
healthy skin, nervous system, and red blood cell formation.

10.3.1 Thiamin: Vitamin B1


A
N
Thiamin, or vitamin B1, helps to release energy from foods, promotes normal
Notes

O
appetite, and is important in maintaining proper nervous system function.

S
Food Sources for Thiamin

R
Sources include peas, pork, liver, and legumes. Most commonly, thiamin is
found in whole grains and fortified grain products such as cereal, and enriched

U
products like bread, pasta, rice, and tortillas. The process of enrichment adds

S
back nutrients that are lost when grains are processed. Among the nutrients
added during the enrichment process are thiamin (B1), niacin (B3), riboflavin
(B2), folate and iron.
RDA (Required Daily allowance)
Males: 1.2 mg/day; Females: 1.1 mg/day
ES
Thiamin Deficiency

Y E
Under-consumption of thiamin is rare due to wide availability of enriched grain

A
products. However, low calorie diets as well as diets high in refined and

R
processed carbohydrates may place one at risk for thiamin deficiency. Alcoholics
are especially prone to thiamin deficiency because excess alcohol consumption

T
often replaces food or meals. Symptoms of thiamin deficiency include: mental
confusion, muscle weakness, wasting, water retention (edema), impaired

A
growth, and the disease known as beriberi. Thiamin deficiency is currently not

H
a problem in the United States.

B
Thiamin toxicity
No problem with overconsumption are known for thiamin.

10.3.2 Riboflavin: Vitamin B2


Riboflavin, or vitamin B2, helps to release energy from foods, promotes good
vision, and healthy skin. It also helps to convert the amino acid tryptophan
(which makes up protein) into niacin.

Food Sources
Sources include liver, eggs, dark green vegetables, legumes, whole and enriched
grain products, and milk. Ultraviolet light is known to destroy riboflavin, which
is why most milk is packaged in opaque containers instead of clear.

BIOCHEMISTRY 143
MODULE Vitamins

Biochemistry RDA
Males: 1.3 mg/day; Females: 1.1 mg/day

Deficiency

A
Under consumption of riboflavin is rare. However, it has been known to occur
with alcoholism, malignancy, hyperthyroidism, and in the elderly. Symptoms of

N
deficiency include cracks at the corners of the mouth, dermatitis on nose and
Notes lips, light sensitivity, cataracts, and a sore, red tongue.

Riboflavin toxicity

S O
R
No problems with overconsumption are known for riboflavin.

SU
10.3.3 Niacin: Vitamin B3, Nicotinamide, Nicotinic Acid
Niacin, or vitamin B3, is involved in energy production, normal enzyme
function, digestion, promoting normal appetite, healthy skin, and nerves.

Food Sources for Niacin

ES
E
Sources include liver, fish, poultry, meat, peanuts, whole and enriched grain
products.

RDA

AY
R
Males: 16 mg/day; Females: 14 mg/day

T
Niacin Deficiency

A
Niacin deficiency is known to occur with alcoholism, protein malnourishment,
low calorie diets, and diets high in refined carbohydrates. Pellagra is the disease

H
state that occurs as a result of severe niacin deficiency. Symptoms include
cramps, nausea, mental confusion, and skin problems.

BNiacin toxicity
Consuming large doses of niacin supplements may cause flushed skin, rashes,
or liver damage. Over consumption of niacin is not a problem if it is obtained
through food.

10.3.4 Vitamin B6: Pyridoxine, Pyridoxal, Pyridoxamine


Vitamin B6, otherwise known as pyridoxine, pyridoxal or pyridoxamine, aids
in protein metabolism and red blood cell formation. It is also involved in the
body’s production of chemicals such as insulin and hemoglobin.

144 BIOCHEMISTRY
Vitamins MODULE
Food Sources for Vitamin B6 Biochemistry

Sources include pork, meats, whole grains and cereals, legumes, and green, leafy
vegetables. The RDA for vitamin B6 is 1.3 mg/day for adult males and females
through age fifty.

A
Vitamin B6 Deficiency

N
Deficiency symptoms include skin disorders, dermatitis, cracks at corners of
mouth, anemia, kidney stones, and nausea. A vitamin B6 deficiency in infants Notes

O
can cause mental confusion.

Too much Vitamin B6


S
R
Over consumption is rare, but excess doses of vitamin B6 over time have been

U
known to result in nerve damage.

S
10.3.5 Folate: Folic Acid, Folacin
Folate, also known as folic acid or folacin, aids in protein metabolism, promoting

S
red blood cell formation, and lowering the risk for neural tube birth defects.
Folate may also play a role in controlling homocysteine levels, thus reducing the

E
risk for coronary heart disease.

Food Sources for Folate

Y E
Sources of folate include liver, kidney, dark green leafy vegetables, meats, fish,

A
whole grains, fortified grains and cereals, legumes, and citrus fruits. Not all
whole grain products are fortified with folate..

RDA
R
T
The RDA for folate is 400 mcg/day for adult males and females. Pregnancy will

A
increase the RDA for folate to 600 mcg/day.

H
Folate Deficiency

B
Folate deficiency affects cell growth and protein production, which can lead to
overall impaired growth. Deficiency symptoms also include anemia and
diarrhea. A folate deficiency in women who are pregnant or of child bearing age
may result in the delivery of a baby with neural tube defects such as spina bifida.

Folate toxicity
Over consumption of folate offers no known benefits, and may mask B12
deficiency as well as interfere with some medications.

10.3.6 Vitamin B12: Cobalamin


Vitamin B12, also known as cobalamin, aids in the building of genetic material,
production of normal red blood cells, and maintenance of the nervous system.

BIOCHEMISTRY 145
MODULE Vitamins

Biochemistry Food Sources for Vitamin B12


Vitamin B12 can only be found only in foods of animal origin such as meats,
liver, kidney, fish, eggs, milk and milk products, oysters, shellfish. Some
fortified foods may contain vitamin B12.

RDA
A
Notes The Recommended Dietary Allowance (RDA) for vitamin B12 is 2.4 mcg/day
N
O
for adult males and females

Vitamin B12 Deficiency


S
R
Vitamin B12 deficiency most commonly affects strict vegetarians (those who eat

U
no animal products), infants of vegan mothers, and the elderly. Symptoms of
deficiency include anemia, fatigue, neurological disorders, and degeneration of

S
nerves resulting in numbness and tingling. In order to prevent vitamin B12
deficiency, a dietary supplement should be taken. Some people develop a B12

S
deficiency because they cannot absorb the vitamin through their stomach lining.
This can be treated through vitamin B12 injections.

Vitamin B12 toxicity

E E
Y
No problems with overconsumption of vitamin B12 are known.

10.3.7 Biotin
A
R
Biotin helps release energy from carbohydrates and aids in the metabolism of
fats, proteins and carbohydrates from food.

A T
Food Sources for Biotin

H
Sources of Biotin include liver, kidney, egg yolk, milk, most fresh vegetables,
yeast breads and cereals. Biotin is also made by intestinal bacteria.

BRDA
The Adequate Intake (AI) for Biotin is 30 mcg/day for adult males and females

Biotin Deficiency
Biotin deficiency is uncommon under normal circumstances, but symptoms
include fatigue, loss of appetite, nausea, vomiting, depression, muscle pains,
heart abnormalities and anemia.
Biotin toxicity
No problems with overconsumption are known for Biotin.

146 BIOCHEMISTRY
Vitamins MODULE
10.3.8 Pantothenic Acid Biochemistry

Pantothenic Acid is involved in energy production, and aids in the formation of


hormones and the metabolism of fats, proteins, and carbohydrates from food.

A
Food Sources for Pantothenic Acid
Sources include liver, kidney, meats, egg yolk, whole grains, and legumes.

N
Pantothenic Acid is also made by intestinal bacteria.
Notes

O
RDA

S
The Adequate Intake (AI) for Pantothenic Acid is 5 mg/day for both adult males
and females.

Pantothenic Acid Deficiency


R
foods.

SU
Pantothenic Acid deficiency is uncommon due to its wide availability in most

S
Pantothenic Acid toxicity

E
No problems with overconsumption are known for Pantothenic Acid. Rarely,
diarrhea and water retention will occur with excessive amounts.

10.4 VITAMIN C: ASCORBIC ACID, ASCORBATE

Y E
A
The body needs vitamin C, also known as ascorbic acid or ascorbate. Vitamin
C benefits the body by holding cells together through collagen synthesis;

R
collagen is a connective tissue that holds muscles, bones, and other tissues
together. Vitamin C also aids in wound healing, bone and tooth formation,

T
strengthening blood vessel walls, improving immune system function, increasing

A
absorption and utilization of iron, and acting as an antioxidant.

H
Since our bodies cannot produce or store vitamin C, an adequate daily intake
of this nutrient is essential for optimum health. Vitamin C works with vitamin

B
E as an antioxidant, and plays a crucial role in neutralizing free radicals
throughout the body. An antioxidant can be a vitamin, mineral, or a carotenoid,
present in foods, that slows the oxidation process and acts to repair damage to
cells of the body. Studies suggest that vitamin C may reduce the risk of certain
cancers, heart disease, and cataracts. Research continues to document the degree
of these effects.

Food Sources for Vitamin C


Consuming vitamin C-rich foods is the best method to ensure an adequate intake
of this vitamin. While many common plant foods contain vitamin C, the best
sources are citrus fruits (orange, kiwi fruit, grape etc,)

BIOCHEMISTRY 147
MODULE Vitamins

Biochemistry RDA
The Recommended Dietary Allowance (RDA) for Vitamin C is 90 mg/day for
adult males and 75 mg/day for adult females For those who smoke cigarettes,
the RDA for vitamin C increases by 35 mg/day, in order to counteract the

A
oxidative effects of nicotine.

Notes Vitamin C Deficiency


N
O
Severe vitamin C deficiency result in the disease known as scurvy, causing a loss

S
of collagen strength throughout the body. Loss of collagen results in loose teeth,
bleeding and swollen gums, and improper wound healing. More commonly,

R
vitamin C deficiency presents as a secondary deficiency in alcoholics, the

U
elderly, and in smokers.

S
Vitamin C toxicity

S
Despite being a water-soluble vitamin that the body excretes when in excess,
vitamin C overdoses have been shown to cause kidney stones, gout, diarrhea,

E
and rebound scurvy.

Y E
FAT-SOLUBLE VITAMINS

A
The fat-soluble vitamins, A, D, E, and K, are stored in the body for long periods
of time and generally pose a greater risk for toxicity when consumed in excess

R
than water-soluble vitamins. Eating a normal, well-balanced diet will not lead
to toxicity in otherwise healthy individuals. However, taking vitamin supplements

T
that contain megadoses of vitamins A, D, E and K may lead to toxicity. The body
only needs small amounts of any vitamin.

A
While diseases caused by a lack of fat soluble vitamins are rare symptoms of

H
mild deficiency can develop without adequate amounts of vitamins in the diet.

B
Additionally, some health problems may decrease the absorption of fat, and in
turn, decrease the absorption of vitamins A, D, E and K. Consult a medical
professional about any potential health problems that may interfere with vitamin
absorption.

10.5 VITAMIN A: RETINOL


Vitamin A, also called retinol, has many functions in the body. In addition to
helping the eyes adjust to light changes, vitamin A plays an important role in
bone growth, tooth development, reproduction, cell division, gene expression,
and regulation of the immune system. The skin, eyes, and mucous membranes
of the mouth, nose, throat and lungs depend on vitamin A to remain moist.

148 BIOCHEMISTRY
Vitamins MODULE
Vitamin A is also an important antioxidant that may play a role in the prevention Biochemistry
of certain cancers.

Food Sources for Vitamin A

A
Eating a wide variety of foods is the best way to ensure that the body gets enough

N
vitamin A. The retinol, retinal, and retinoic acid forms of vitamin A are supplied
primarily by foods of animal origin such as dairy products, fish and liver. Some Notes

O
foods of plant origin contain the antioxidant, betacarotene, which the body
converts to vitamin A. Beta-carotene, comes from fruits and vegetables,

S
especially those that are orange or dark green in color. Vitamin A sources also

R
include carrots, pumpkin, winter squash, dark green leafy vegetables and
apricots, all of which are rich in beta-carotene.

How much Vitamin A

SU
The recommendation for vitamin A intake is expressed as micrograms (mcg) of

S
retinol activity equivalents (RAE). Retinol activity equivalents account for the

E
fact that the body converts only a portion of betacarotene to retinol. One RAE
equals 1 mcg of retinol or 12 mcg of beta-carotene. The Recommended Dietary

E
Allowance (RDA) for vitamin A is 900 mcg/ day for adult males and 700 mcg/

Y
day for adult females.

A
Compared to vitamin A, it takes twice the amount of carotene rich foods to meet
the body’s vitamin A requirements, so one may need to increase consumption

R
of carotene containing plant foods. Recent studies indicate that vitamin A
requirements may be increased due to hyperthyroidism, fever, infection, cold,

T
and exposure to excessive amounts of sunlight. Those that consume excess

A
alcohol or have renal disease should also increase intake of vitamin A.

B H
Vitamin A Deficiency
Vitamin A deficiency is rare, but the disease that results is known as
xerophthalmia. It most commonly occurs in developing nations usually due to
malnutrition. Since vitamin A is stored in the liver, it may take up to 2 years for
signs of deficiency to appear. Night blindness and very dry, rough skin may
indicate a lack of vitamin A. Other signs of possible vitamin A deficiency include
decreased resistance to infections, faulty tooth development, and slower bone
growth.

Vitamin A toxicity
The Tolerable Upper Intake Level (UL) for adults is 3,000 mcg RAE. It would
be difficult to reach this level consuming food alone, but some multivitamin

BIOCHEMISTRY 149
MODULE Vitamins

Biochemistry supplements contain high doses of vitamin A. If you take a multivitamin, check
the label to be sure the majority of vitamin A provided is in the form of beta-
carotene, which appears to be safe. Symptoms of vitamin A toxicity include dry,
itchy skin, headache, nausea, and loss of appetite. Signs of severe overuse over

A
a short period of time include dizziness, blurred vision and slowed growth.
Vitamin A toxicity also can cause severe birth defects and may increase the risk

N
for hip fractures.
Notes
10.6 VITAMIN D

S O
Vitamin D plays a critical role in the body’s use of calcium and phosphorous.

R
It works by increasing the amount of calcium absorbed from the small intestine,
helping to form and maintain bones. Vitamin D benefits the body by playing a

U
role in immunity and controlling cell growth. Children especially need adequate

S
amounts of vitamin D to develop strong bones and healthy teeth.

S
Food Sources for Vitamin D

E
The primary food sources of vitamin D are milk and other dairy products fortified
with vitamin D. Vitamin D is also found in oily fish (e.g., herring, salmon and

E
sardines) as well as in cod liver oil. In addition to the vitamin D provided by

Y
food, we obtain vitamin D through our skin which produces vitamin D in
response to sunlight.

A
R
RDA
The Recommended Dietary Allowance (RDA) for vitamin D appears as

T
micrograms (mcg) of cholecalciferol (vitamin D3). From 12 months to age fifty,

A
the RDA is set at 15 mcg. Twenty mcg of cholecalciferol equals 800 International
Units (IU), which is the recommendation for maintenance of healthy bone for

H
adults over fifty.

B
Exposure to ultraviolet light is necessary for the body to produce the active form
of vitamin D. Ten to fifteen minutes of sunlight without sunscreen on the hands,
arms and face, twice a week is sufficient to receive enough vitamin D. This can
easily be obtained in the time spent riding a bike to work or taking a short walk.
In order to reduce the risk for skin cancer one should apply sunscreen with an
SPF of 15 or more, if time in the sun exceeds 10 to 15 minutes.

Vitamin D Deficiency
Symptoms of vitamin D deficiency in growing children include rickets (long,
soft bowed legs) and flattening of the back of the skull. Vitamin D deficiency
in adults may result in osteomalacia (muscle and bone weakness), and
osteoporosis (loss of bone mass).

150 BIOCHEMISTRY
Vitamins MODULE
Recently published data introduces a concern that some adults and children may Biochemistry
be more prone to developing vitamin D deficiency due to an increase in
sunscreen use. In addition, those that live in inner cities, wear clothing that
covers most of the skin, or live in northern climates where little sun is seen in
the winter are also prone to vitamin D deficiency. Since most foods have very

A
low vitamin D levels (unless they are enriched) a deficiency may be more likely

N
to develop without adequate exposure to sunlight. Adding fortified foods to the
diet such as milk, and for adults including a supplement, are effective at ensuring Notes

O
adequate vitamin D intake and preventing low vitamin D levels.

S
Vitamin D deficiency has been associated with increased risk of common
cancers, autoimmune diseases, hypertension, and infectious disease. In the

R
absence of adequate sun exposure, at least 800 to 1,000 IU of vitamin D3 may

U
be needed to reach the circulating level required to maximize vitamin D’s
benefits.

Vitamin D toxicity
S
S
The Tolerable Upper Intake Level (UL) for vitamin D is set at 100 mcg for people

E
9 years of age and older. High doses of vitamin D supplements coupled with large
amounts of fortified foods may cause accumulations in the liver and produce

E
signs of poisoning. Signs of vitamin D toxicity include excess calcium in the
blood, slowed mental and physical growth, decreased appetite, nausea and

Y
vomiting.

A
It is especially important that infants and young children do not consume excess

R
amounts of vitamin D regularly, due to their small body size.

T
10.7 VITAMIN E: TOCOPHEROL

A
Vitamin E benefits the body by acting as an antioxidant, and protecting vitamins
A and C, red blood cells, and essential fatty acids from destruction. Research

H
from decades ago suggested that taking antioxidant supplements, vitamin E in

B
particular, might help prevent heart disease and cancer. However, newer findings
indicate that people who take antioxidant and vitamin E supplements are not
better protected against heart disease and cancer than non-supplement users.
Many studies show a link between regularly eating an antioxidant rich diet full
of fruits and vegetables, and a lower risk for heart disease, cancer, and several
other diseases. Essentially, recent research indicates that to receive the full
benefits of antioxidants and phytonutrients in the diet, one should consume these
compounds in the form of fruits and vegetables, not as supplements.

Food Sources for Vitamin E


About 60 percent of vitamin E in the diet comes from vegetable oil (soybean,
corn, cottonseed, and safflower). This also includes products made with

BIOCHEMISTRY 151
MODULE Vitamins

Biochemistry vegetable oil (margarine and salad dressing). Vitamin E sources also include
fruits and vegetables, grains, nuts (almonds and hazelnuts), seeds (sunflower)
and fortified cereals.

A
RDA

N
The Recommended Dietary Allowance (RDA) for vitamin E is based on the most
active and usable form called alpha-tocopherol. Food and supplement labels list
Notes

O
alpha-tocopherol as the unit International units (IU) not in milligrams (mg). One
milligram of alpha-tocopherol equals to 1.5 International Units (IU). RDA

S
guidelines state that males and females over the age of 14 should receive 15 mcg

R
of alpha-tocopherol per day. Consuming vitamin E in excess of the RDA does
not result in any added benefits.

Vitamin E Deficiency

SU
Vitamin E deficiency is rare. Cases of vitamin E deficiency usually only occur

S
in premature infants and in those unable to absorb fats. Since vegetable oils are
good sources of vitamin E, people who excessively reduce their total dietary fat

E
may not get enough vitamin E.

Vitamin E toxicity

Y E
Vitamin E obtained from food usually does not pose a risk for toxicity.

A
Supplemental vitamin E is not recommended due to lack of evidence supporting
any added health benefits. Megadoses of supplemental vitamin E may pose a

R
hazard to people taking blood-thinning medications such as Coumadin (also
known as warfarin) and those on statin drugs.

A T
10.8 VITAMIN K

H
Vitamin K is naturally produced by the bacteria in the intestines, and plays an
essential role in normal blood clotting, promoting bone health, and helping to

B
produce proteins for blood, bones, and kidneys.

Food Sources for Vitamin K


Good food sources of vitamin K are green, leafy-vegetables such as turnip
greens, spinach, cauliflower, cabbage and broccoli, and certain vegetables oils
including soybean oil, cottonseed oil, canola oil and olive oil. Animal foods, in
general, contain limited amounts of vitamin K.
RDA
Males and females age 14 - 18: 75 mcg/day; Males and females age 19 and older:
90 mcg/day

152 BIOCHEMISTRY
Vitamins MODULE
Vitamin K Deficiency Biochemistry

Hemorrhage can occur due to sufficient amounts of vitamin K. Vitamin K


deficiency may appear in infants or in people who take anticoagulants, such as
Coumadin (warfarin), or antibiotic drugs. Newborn babies lack the intestinal

A
bacteria to produce vitamin K and need a supplement for the first week. Those
on anticoagulant drugs (blood thinners) may become vitamin K deficient, but

N
should not change their vitamin K intake without consulting a physician. People
Notes

O
taking antibiotics may lack vitamin K temporarily because intestinal bacteria are
sometimes killed as a result of long-term use of antibiotics. Also, people with

S
chronic diarrhea may have problems absorbing sufficient amounts of vitamin K

R
through the intestine and should consult their physician to determine if
supplementation is necessary.

Vitamin K toxicity
Although no Tolerable Upper Intake Level (UL) has been established for vitamin
SU
S
K, excessive amounts can cause the breakdown of red blood cells and liver

E
damage. People taking blood-thinning drugs or anticoagulants should moderate
their intake of foods with vitamin K, because excess vitamin K can alter blood

E
clotting times. Large doses of vitamin K are not advised.

INTEXT QUESTIONS 10.1


AY
1. Fill in the balnks:
R
T
1. Vitamins are classified into ................... and ...................

A
2. Vitamin B complex comprises ................... vitamins in total.

H
3. Pellagra and Scurvy are caused by ................... and ...................
deficiency.

B
4. Water soluble vitamins are excreted through ...................
5. ................... can be synthesized by human body.

2. Match the following


1. Vitamin A deficiency (a) Vitamin D
2. Vitamin K (b) Vitamin E
3. Bone formation (c) Vitamin B12
4. Cobalamin (d) Night blindness
5. Tocopherol (e) Coagulation

BIOCHEMISTRY 153
HIV
In 1982 the Centers for Disease Control and Prevention (CDC) officially named the condition AIDS (Acquired Immune Deficiency Syndrome). In
1984 the virus responsible for weakening the immune system was identified as HIV (Human Immunodeficiency Virus).
What is AIDS? What causes AIDS?
AIDS stands for Acquired Immune Deficiency Syndrome.
An HIV-positive person receives an AIDS diagnosis after developing one of the
CDC-defined AIDS indicator illnesses. An HIV-positive person can also receive an
AIDS diagnosis on the basis of certain blood tests (CD4 counts) and may not have
experienced any serious illnesses. A positive HIV test does not mean that a person

A
has AIDS. A diagnosis of AIDS is made by a physician according to the CDC
AIDS Case Definition.

N
Over time, infection with HIV (Human Immunodeficiency Virus) can weaken the
immune system to the point that the system has difficulty fighting off certain
infections. These types of infections are known as opportunistic infections. Many

O
of the infections that cause problems or that can be life-threatening for people with
AIDS are usually controlled by a healthy immune system. The immune system of a

S
person with AIDS has weakened to the point that medical intervention may be
necessary to prevent or treat serious illness.

R
What is the Difference Between HIV and AIDS?
HIV is the virus that causes AIDS.

U
H - Human: because this virus can only infect human beings.
I - Immuno-deficiency: because the effect of the virus is to create a deficiency, a failure to work properly, within the
body's immune system. V - Virus: because this organism is a virus, which means one of its characteristics is that it is

S
incapable of reproducing by itself. It reproduces by taking over the machinery of the human cell. A - Acquired: because
it's a condition one must acquire or get
infected with; not something transmitted through the genes

S
I-
Immune: because it affects the body's immune system, the

E
part of the body which usually works to fight off germs
such as bacteria and viruses

E
D-
Deficiency: because it makes the immune system deficient

Y
(makes it not work properly)

A
S-
Syndrome: because someone with AIDS may experience a

R
wide range of different diseases and opportunistic
infections. How long does it take for HIV to cause AIDS?
Currently, the average time between HIV infection and the appearance of signs that

T
could lead to an AIDS diagnosis is 8-11 years. This time varies greatly from person
to person and can depend on many factors including a person's health status and

A
behaviors. Today there are medical treatments that can slow down the rate at which
HIV weakens the immune system. There are other treatments that can prevent or

H
cure some of the illnesses associated with AIDS. As with other diseases, early
detection offers more options for treatment and preventative health care.

B
Where did HIV come from?
The most recent presentation on the origin of HIV was presented at the 6th
Conference on Retroviruses and Opportunitistic Infections (Chicago, January
1999). At that conference, research was presented that suggested that HIV had
"crossed over" into the human population from a particular species of chimpanzee,
probably through blood contact that occurred during hunting and field dressing of
the animals. The CDC states that the findings presented at this conference provide
the strongest evidence to date that HIV-1 originated in non-human primates. The
research findings were featured in the February 4,1999 issue of the journal, Nature.
We know that the virus has existed in the United States, Haiti and Africa since at
least 1977-1978. In 1979, rare types of pneumonia, cancer and other illnesses were
being reported by doctors in Los Angeles and New York. The common thread was
that these conditions were not usually found in persons with healthy immune
systems.
In 1982 the Centers for Disease Control and Prevention (CDC) officially named
the condition AIDS (Acquired Immune Deficiency Syndrome). In 1984 the virus
responsible for weakening the immune system was identified as HIV (Human
Immunodeficiency Virus).
How many people have HIV and AIDS?
Statistics for the end of 2006 indicate that around 39.5 million people are living
with HIV (Worldwide), the virus that causes AIDS. Each year around 3.8 million
more people become infected with HIV and despite recent improvements in access
to antiretroviral treatment, 4.3 million die of AIDS.
Although HIV and AIDS are found in all parts of the world, some areas are more
afflicted than others. The worst affected region is sub-Saharan Africa, where in a

A
few countries more than one in five adults is infected with HIV. The epidemic is
spreading most rapidly in Eastern Europe and Central Asia, where the rate of new

N
infections increased by 70% between 2004 and 2006. In North America, approximately 1.4 million people are
living with HIV/AIDS and
in 2006, 18,000 people died of an AIDS related illness. The diagram to the right

O
illustrates the percentage of people living with HIV/AIDS in the U.S. according to

S
race/ethnicity. It is interesting to note that, half of all new HIV/AIDS infections are
among Black Americans, though blacks only represent 13% of the population.

R
How is HIV Transmitted?
HIV can be transmitted from an infected person to another through:
• Blood (including menstrual blood)

U
• Semen

S
• Vaginal secretions
• Breast milk
Blood contains the highest concentration of the virus, followed by semen, followed

S
by vaginal fluids, followed by breast milk.
* Activities That Allow HIV Transmission

E
• Unprotected sexual contact
• Direct blood contact, including injection drug needles, blood transfusions,

E
accidents in health care settings or certain blood products
• Mother to baby (before or during birth, or through breast milk)

Y
Sexual intercourse (vaginal and anal): In the genitals and the rectum, HIV may
infect the mucous membranes directly or enter through cuts and sores caused

A
during intercourse (many of which would be unnoticed). Vaginal and anal
intercourse is a high-risk practice.

R
Oral sex (mouth-penis, mouth-vagina): The mouth is an inhospitable
environment for HIV (in semen, vaginal fluid or blood), meaning the risk of HIV

T
transmission through the throat, gums, and oral membranes is lower than through
vaginal or anal membranes. There are however, documented cases where HIV was

A
transmitted orally, so we can't say that getting HIV-infected semen, vaginal fluid or
blood in the mouth is without risk. However, oral sex is considered a low risk

H
practice.
Sharing injection needles: An injection needle can pass blood directly from one

B
person's bloodstream to another. It is a very efficient way to transmit a blood-borne
virus. Sharing needles is considered a high-risk practice.
Mother to Child: It is possible for an HIV-infected mother to pass the virus
directly before or during birth, or through breast milk. Breast milk contains HIV,
and while small amounts of breast milk do not pose significant threat of infection
to adults, it is a viable means of transmission to infants. The following "bodily fluids" are NOT infectious:
• Saliva
• Tears
• Sweat
• Feces.

IS THERE A CURE FOR AIDS?


There is no cure for AIDS. There are drugs that can slow down the HIV virus, and
slow down the damage to your immune system. There is no way to "clear" the HIV
out of your body. OPPORTUNISTIC INFECTIONS (OIs)
WHAT ARE OPPORTUNISTIC INFECTIONS?
In our bodies, we carry many germs - bacteria, protozoa, fungi, and viruses. When
our immune system is working, it controls these germs. But when the immune
system is weakened by HIV disease or by some medications, these germs can get
out of control and cause health problems.
Infections that take advantage of weakness in the immune defenses are called
"opportunistic". The phrase "opportunistic infection" is often shortened to "OI".
OIs AND AIDS
People who aren't HIV-infected can develop OIs if their immune systems are
damaged. For example, many drugs used to treat cancer suppress the immune
system. Some people who get cancer treatments can develop OIs.
HIV weakens the immune system so that opportunistic infections can develop. If
you are HIV-infected and develop opportunistic infections, you might have AIDS.
In the US, the Center for Disease Control (CDC) is responsible for deciding who
has AIDS. The CDC has developed a list of about 24 opportunistic infections. If

A
you have HIV and one or more of these "official" OIs, then you have AIDS. The
list is available at http://www.aidsmeds.com/lessons/StartHere8.htm.

N
WHAT ARE THE MOST COMMON OIs?
In the early years of the AIDS epidemic, OIs caused a lot of sickness and deaths.

O
Once people started taking strong antiretroviral therapy (ART), however, a lot
fewer people got OIs. It's not clear how many people with HIV will get a specific

S
OI.
In women, health problems in the vaginal area may be early signs of HIV. These

R
can include pelvic inflammatory disease and bacterial vaginosis, among others.
The most common OIs are listed here, along with the disease they usually cause,

U
and the CD4 cell count when the disease becomes active:
• Candidiasis (Thrush) is a fungal infection of the mouth, throat, or vagina.

S
CD4 cell range: can occur even with fairly high CD4 cells.
• Cytomegalovirus (CMV) is a viral infection that causes eye disease that can
lead to blindness.CD4 cell range: under 50.

S
• Herpes simplex viruses can cause oral herpes (cold sores) or genital herpes.

E
These are fairly common infections, but if you have HIV, the outbreaks can be much more frequent and more
severe. They can occur at any CD4 cell

E
count.
• Malaria is common in the developing world. It is more common and more

Y
severe in people with HIV infection.
• Mycobacterium avium complex (MAC or MAI) is a bacterial infection that

A
can cause recurring fevers, general sick feelings, problems with digestion,
and serious weight loss. CD4 cell range: under 75.

R
• Pneumocystis pneumonia (PCP) is a fungal infection that can cause a fatal
pneumonia. CD4 cell range: under 200. Unfortunately this is still a fairly
common OI in people who have not been tested or treated for HIV.

T
• Toxoplasmosis (Toxo) is a protozoal infection of the brain. T-cell range:
under 100.

A
• Tuberculosis (TB) is a bacterial infection that attacks the lungs, and can
cause meningitis. CD4 cell range: Everyone with HIV who tests positive for

H
exposure to TB should be treated.

Prevention

B
There's no vaccine to prevent HIV infection and no cure for AIDS. But it's possible to protect yourself and others
from infection. That means educating yourself about HIV and avoiding any behavior that allows HIV-infected
fluids — blood, semen, vaginal secretions and breast milk — into your body.

To help prevent the spread of HIV:

• Use a new condom every time you have sex. If you don't know the HIV status of your partner, use a new condom
every time you have anal or vaginal sex. Women can use a female condom.

Use only water-based lubricants. Oil-based lubricants can weaken condoms and cause them to break. During
oral sex use a nonlubricated, cut-open condom or a dental dam — a piece of medical-grade latex.
• Consider the drug Truvada. Use of the combination drug emtricitabine-tenofovir (Truvada) can reduce the risk of
sexually transmitted HIV infection in those who are at high risk. Truvada is also used as an HIV treatment along
with other medications.

When used to help prevent HIV infection, Truvada is only appropriate if your doctor is certain you don't already
have an HIV infection. Your doctor should also test for hepatitis B infection. If you have hepatitis B, your doctor
should test your kidney function before prescribing Truvada.

A
Truvada must be taken daily, exactly as prescribed. Truvada should only be used along with other prevention

N
strategies, such as condom use every time you have sex, as it doesn't protect against other sexually transmitted
infections, and it can't provide complete protection against HIV transmission. If you're interested in Truvada, talk

O
with your doctor about the potential risks and benefits of the drug.

S
Tell your sexual partners if you have HIV. It's important to tell anyone with whom you've had sex that you're HIV-

R
positive. Your partners need to be tested and to receive medical care if they have the virus. They also need to
know their HIV status so that they don't infect others.

U
• Use a clean needle. If you use a needle to inject drugs, make sure it's sterile and don't share it. Take advantage of

S
needle-exchange programs in your community and consider seeking help for your drug use.
• If you're pregnant, get medical care right away. If you're HIV-positive, you may pass the infection to your baby.
But if you receive treatment during pregnancy, you can cut your baby's risk significantly.

S
• Consider male circumcision. There's evidence that male circumcision can help reduce a man's risk of acquiring

E
HIV
What is 'Globalization'

Y E
Globalization refers to the tendency of international trade, investments, information technology and
outsourced manufacturing to weave the economies of diverse countries together. In business and finance, it

A
primarily refers to the economic integration of global markets, but the term is also used to describe socio-
cultural integration among countries. Altogether, globalization has had the effect of markedly increasing

R
both international trade and cultural exchange.

T
Globalization has been credited with helping shift wealth to less-developed countries. However, globalization

A
is also often blamed for the loss of employment in developed nations, as corporations ship manufacturing
facilities and jobs overseas in order to save costs; critics say it weakens national sovereignty as well.

B H
BREAKING DOWN 'Globalization'The goal of globalization is to provide organizations with a competitive
advantage through lower operating costs and the gain of greater numbers of products, services and
consumers. One of the key ways this is done is through diversification of resources, opening up additional
markets and accessing new raw materials. And indeed, it has brought the entire world together, with
multinational corporations manufacturing, buying and selling goods across the globe. For example, a car
company based in Japan might have auto parts manufactured in several different developing countries, then
ship the parts to another country for assembly, and then sell the finished car to nations
everywhere.Globalization is not an entirely new concept – as far back as ancient times, caravans traveled vast
distances to obtain valuables like salt, spices and gold, then traded or sold them once back in their home
countries. With the advent of the Industrial Revolution in the 19th century, every advance in communication
and transportation helped lessen borders and increase economic ties between nations. But in the last few
decades, globalization has been occurring at an unprecedented pace and scope.

What has Spurred Globalization?Public policy and technology are the two main driving factors behind the
current globalization boom.Over the past 20 years, various governments around the world have integrated
a free-market economic system into fiscal policies, monetary policies and trade agreements. This evolution of
economic systems has stimulated domestic production potential and opened countries to increased financial
opportunities abroad. World governments now focus on decreasing barriers to trade and actively
promote international commerce in relation to investments, goods and services.Technology has also been a
major reason for the growth in globalization. Advancements in information technology (IT) and the flow of
information across borders have helped people become more informed about economic trends and investment
opportunities, and have made it easier for them to transfer financial assets and invest abroad. Technology has
also increased the ability to communicate internationally, and made it easier and faster than ever to do so.

A
N
Broader Meaning of GlobalizationGlobalization has grown beyond economics to become a social, cultural,
political and legal phenomenon.

S O
In social terms, globalization describes an increased level of interconnectedness among the people of the
world and their lives, work and families. As a cultural phenomenon, it means the exchange of ideas and values

R
among cultures and implies, for some, a trend toward the development of a single world culture.

U
Political globalization refers to the shift of political activities from a solely national level to a global level

S
through intergovernmental organizations such as the United Nations and the World Trade Organization.

S
As a legal phenomenon, globalization is, in part, a shift in the ways in which international law is created and
enforced.

E E
Liberalization refers to laws or rules being liberalized, or relaxed, by a government.You might talk about
the liberalization of marriage laws in states that allow same-sex marriage. Liberalization came to the English
language in 1835, from the word liberal.

n law

AY
R
In social policy, liberalization may refer to a relaxation of laws restricting, for example, divorce, abortion, or
psychoactive drugs. Regarding civil rights, it may refer to the elimination of laws prohibiting homosexuality,

T
property rights, private ownership of firearms, same-sex marriage, inter-racial marriage, or inter-faith
marriage.[citation needed]

In economy and trade


A
H
Main article: economic liberalization

B
Economic liberalization is often associated with privatization, which is the process of transferring ownership
or outsourcing of a business, enterprise, agency, public service or public property from the public sector to
the private sector. For example, the European Union has liberalized gas and electricity markets, instituting a
competitive system. Some leading European energy companies such as France's EDF and
Sweden's Vattenfall remain partially or completely in government ownership.[citation needed] Liberalized and
privatized public services may be dominated by big companies, particularly in sectors with high capital, water,
gas, or electricity costs.[citation needed] In some cases they may remain legal monopolies, at least for some
segments of the market like consumers.[citation needed] Liberalization, privatization and stabilization are
the Washington Consensus's trinity strategy for economies in transition.[citation needed]
There is also a concept of hybrid liberalization as, for instance, in Ghana, cocoa crops can be sold to
competing private companies, but there is a minimum price for which it can be sold and all exports are
controlled by the state.[
What is liberalization privatization and globalization?
libearlisation privatisation globalisation Excess of consumption and expenditure over revenue resulting in
heavy govt. ...♣) 3. Reasons for implementing LPG Liberalization Liberalization is a very broad term that
usually refers to fewer government regulations and restrictions in the economy.
What is a liberalized market?
Liberalisation of markets in the EU. Liberalisation of markets is an important European Union (EU) objective. It
is the process of removing government control and opening up the markets to private companies. ... The two
industries first exposed to competition across the EU were air travel and telecoms.

A
What is Liberalisation policy?
The economic liberalisation in India refers to the economic liberalisation, initiated in 1991, of the country's

N
economic policies, with the goal of making the economy more market and service-oriented and expanding the
role of private and foreign investment.
What is liberalization and privatization?

O
Privatization is the transfer of control of ownership of economic resources from the public sector to the private
sector. ... Liberalization means elimination of state control over economic activities. It implies greater

S
autonomy to the business enterprises in decision-making and removal of government interference.

R
Disaster Manangement
Emergency management (or disaster management) is the organization and management of resources and

U
responsibilities for dealing with all humanitarian aspects of emergencies—preparedness, response, and
recovery—in order to reduce the harmful effects of all hazards, including disasters.

Disaster Management: Types, Awareness and Schemes for Disaster Management!


S
S
Geological processes like earthquakes, volcanoes, floods and landslides are normal natural events which have

E
resulted in the formation of the earth that we have today.They are however disastrous in their impact when they

E
affect human settlements. Human societies have witnessed a large number of such natural hazards in different

Y
parts of the world and have tried to learn to control these processes to some extent.

A
Major such disasters include a devastating earthquake which hit Bhuj Town in Gujarat caused massive damage.

R
Earth-quake generated water waves called Tsunamis caused tremendous damage in Tamil Nadu and Kerala.

Types of Disasters:

A T
H
There are two types of disasters:

B
(i) Natural Disasters:
The disasters that are caused by nature are termed as natural disasters e.g., earthquake, cyclone etc.

(ii) Man-made Disaster:


The disasters which are caused as a result of human activities are termed as Man-Made Disasters e.g., Road

accident, terrorist attack.

Natural Disasters:
1. Earthquake:

Earthquake is a sudden and violent shaking of ground causing great destruction as a result of movement of
earth’s crust. An earthquake has the potential to tsunami or volcanic eruption.
Earthquake of magnitude 9.2 on the Richter’s scale in 2004 in Indonesia is the second largest earthquake ever
recorded. The deadliest earthquake happened in Central China, killing over 800,000 in 1556. People during that

time and region lived in caves and died from the caves collapsing.

Earthquake mitigation strategies:

A
a. Existing critical facilities built on reclaimed land should be inspected and retrofitted if necessary to ensure

N
earthquake resistance.

O
b. Future critical facilities should not be located on reclaimed land because of the high potential for liquefaction.

S
c. Older unreinforced masonry buildings should be inspected and retrofitted if necessary to increase

earthquake resistance.
R
SU
d. Older unreinforced masonry buildings should not be used for critical functions.

S
2. Cyclone:

E
Cyclones (or more properly called Tropical Cyclones) are a type of severe spinning storm that occurs over the

E
ocean near the tropics.

AY
R
A T
B H
The most famous Australian historic cyclone was Cyclone Tracy, December 1974, where around 11 people
died in Darwin, Northern Territory. The direction they spin depends on which hemisphere they are in. In the

Southern hemisphere they spin in a clockwise direction and Northern hemisphere they spin in an anti-
clockwise direction.

Cyclone mitigation strategies:


a. Future critical facilities should not be located in areas of accelerated winds.
b. The most significant aspect of structural damage to buildings by high velocity wind results from roof

damage. The roofs of existing buildings should be inspected and if necessary retrofitted to adequate
standards.

A
c. The roofs of existing critical facilities should be retrofitted to a higher standard to ensure wind resistance.

N
d. Building openings such as windows and doors also suffer damage from high velocity winds. These openings

O
if not constructed of wood or metal should be protected with shutters or temporary covers of adequate design.

Table. Classification of cyclone based on speed3. Tsunami:


S
R
Tsunamis are giant waves, initiated by a sudden change, usually in relative position of underwater tectonic

U
plates. The sudden jerk is enough to propagate the wave; however, its power can be enhanced and fed by

S
lunar positioning and boundaries that focus its energy.

S
Tsunami mitigation strategies:

E
a. In some tsunami-prone countries earthquake engineering measures have been taken to reduce the damage

E
caused onshore.

AY
b. Japan, where tsunami science and response measures first began following a disaster in 1896, has

produced ever-more elaborate countermeasures and response plans. That country has built many tsunami

R
walls of up to 4.5 metres (15 ft) to protect populated coastal areas.

T
c. Other localities have built floodgates and channels to redirect the water from incoming tsunami.

A
B H

4. Volcanic eruptions:
Volcanic disasters are caused by lava flows, volcanic mudflows and pyroclastic flows triggered by volcanic
activities such as eruptions. It covers extensive areas; volcanic disasters can cause a large-scale damages

and serious personal injury. Secondary disasters such as debris flows are often triggered by rainfall after a
volcanic eruption.

A
In the 1815, the Indonesian eruption threw rocks more than 100 cubic km of ash killing 92,000 people. The

N
greatest volcanic explosion occurred in Indonesia in 1883, which resulting in rocks hurling 55 km up into the

air. The explosion was heard in Australia and generated a 40 m high tsunami, killing 36,000 people.

Volcanic disasters mitigation strategies:

S O
R
a. Learn about community warning systems and of disasters that can come from volcanoes (earthquakes,

U
flooding, landslides, mudflows, thunderstorms, tsunamis)

S
b. Make evacuation plans to higher ground with a backup route.

ES
c. Have disaster supplies on hand (flashlight, extra batteries, portable battery-operated radio, first aid kit,
emergency food and water, nonelectric can opener, cash and credit cards, and sturdy shoes)

5. Floods:

Y E
A
Flooding is the unusual presence of water on land to a depth which affects normal activities. Flooding can

arise from: overflowing rivers (river flooding), heavy rainfall over a short duration (flash floods), or an unusual

R
inflow of sea water onto land (ocean flooding). Ocean flooding can be caused by storms such as hurricanes

T
(storm surge), high tides (tidal flooding), seismic events (tsunami) or large landslides.

Flood mitigation strategies:


A
concrete.

B H
a. Watercourses which pass through significant settlement areas should be properly configured and lined with

b. Existing bridges should be inspected to determine which ones are too low or which have support pillars
within the watercourse channel. Where possible these should be replaced as these features restrict water flow

and cause the channels to be easily blocked with debris.

c. Future bridges should not be built with these undesirable features.

d. Buildings constructed adjacent to watercourses should be elevated by at least one meter to prevent

potential flood inundation.


e. Critical facilities should not be located adjacent to watercourses.

Man-made Disasters:
1. Road Accidents:

A
Road accidents are common in India due to reckless driving, untrained drivers and poor maintenance of roads

and vehicles. According to Lifeline Foundation, the Ahmedabad based organization working for road safety,
India accounts for 13 per cent of road accident fatalities worldwide.

N
S O
With 130,000 deaths in 2007, India tops in the number of people killed in road accidents, surpassing China’s

R
90,000. Most of these deaths occurred due to bad road designs and lack of proper traffic management

systems to separate different streams of traffic.

2. Building and Bridge Collapse:

SU
Building collapses are frequent in India where construction is often hastily done, with little regard for safety
regulations, particularly in the western part of the country.

ES
E
3. Terrorist Attack:

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Devastating acts such as the terrorist attacks on the World Trade Centre and the Pentagon have left many

A
concerned about the possibility of future incidents in the United States and their potential impact. Terrorism
may involve devastating acts using weapons of mass destruction ranging from chemical agents, biological

R
hazards, a radiological or nuclear device, and other explosives.

A T
Mitigation strategies for man-made disasters:
a. For road accidents, traffic rules and regulations need to be followed strictly.

B H
b. For building and bridge collapse, standard building materials should be used.

c. Moreover, more and more public awareness should be made to minimize the effects of man-made disasters.

If a Terrorism-Related Event Happens:


a. Stay calm and be patient.

b. Listen to a local radio or television station for news and follow the instructions of emergency service
personnel.

c. Be vigilant. If the incident occurs near you, look out for secondary hazards such as falling debris or
additional attacks.
d. Check for injuries and summon help for seriously injured people.

Awareness through Mass Media:


a. Media plays a significant role in educating the population about] disaster and its management.

b. Without media we could not aware people about disaster in remote areas of the country.

A
N
Central Sector Scheme for Disaster Management:

O
a. Human resource Development

S
b. Setting up of National Centre for Disaster Management (NCDM)

R
U
c. Setting up of Disaster Management Faculties in States

S
d. UNDP is a united nation’s global development programs working in 166 countries.

e. Programs for Community Participation and Public Awareness

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E
f. Observing National Disaster Reduction Day

Inflation

AY
Inflation is the rate at which the general level of prices for goods and services is rising and, consequently, the

R
purchasing power of currency is falling. Central banks attempt to limit inflation, and avoid deflation, in order
to keep the economy running smoothly.

T
\
: Inflation is when prices rise, and deflation is when prices fall. You can have both inflation and deflation at the

A
same time in various asset classes. When taken to their extremes, both are bad for economic growth, but for
different reasons. That's why the Federal Reserve, the nation's central bank, tries to control them. Here's how

H
to recognize the signs of rampant inflation and deflation, and how to protect your finances.

B
How to Tell the Difference Between Inflation and Deflation

There are fives types of inflation. The worst is hyperinflation. That's when prices rise more than 50 percent a
month. Fortunately, it's rare. That's because it's only caused by massive military spending. On the other end of
the scale is asset inflation, which occurs somewhere nearly all the time. For example, each spring oil and gas
prices spike because commodities traders bid up oil prices. They anticipate rising demand at the pump thanks
to the summer vacation driving season.

The third type, creeping inflation, is when prices rise 3 percent a year or less. It's somewhat common. It
occurs when the economy is doing well. The last time it happened was in 2007.
The fourth type is walking, or pernicious, inflation. Prices increase 3-10 percent a year, enough for people to
stock up now to avoid higher prices later. Suppliers and wages can't keep up, which leads to shortages or
prices so high that most people can't afford the basics.

The fifth type, galloping inflation, is when prices rise 10 percent or more a year. It can destabilize the economy,

A
drive out foreign investors, and topple government leaders. It's a result of exchange rate fluctuations.

N
Deflation is when prices fall, but it can be difficult to spot. That's because all prices don't fall uniformly.

S O
During overall deflation, you can have inflation in some areas of the economy. In 2014, there was deflation in oil
and gas prices. Meanwhile, prices of housing continued to rise, although slowly. That's why the Federal

R
Reserve measures the core inflation rate. It takes out the volatile price changes of oil and food.

U
Examples

S
The United States had walking inflation in the late 1980s and early 1990s. Inflation reached a peak of 6.1

S
percent. Galloping inflation occurred in the 1970s and early 1980s. That was due to President Richard Nixon's
economic policies. First, he instituted wage-price controls, which created stagflation. To curb that, he took the

E
dollar off thegold standard, which only spurred inflation even more as the dollar's value declined. For more,

E
see U.S. Inflation Rate History.

AY
Japan's economy has ongoing deflation. It began in 1989, when the Bank of Japan raisedinterest rates.
That sent demand for housing downward. As prices fell in other areas, businesses cut back on expansion, and

R
people stopped spending and started saving more. The population grew older, without enough young people
to replace workers who retired. Older people bought less, since it's the young who start families, buy new

T
homes, and purchase furniture.

A
The government tried expansionary fiscal policies. That only doubled its debt without restoring confidence.

H
Japan still struggles to escape this liquidity trap.

B
Causes

There are three causes of inflation. The first, demand-pull inflation, occurs when demand outstrips supply. The
second is cost-push inflation, which is when the supply of goods or services is restricted, while demand stays
the same. For example, since there is a shortage of highly skilled software engineers, their wages skyrocket.

The third, overexpansion of the nation's money supply, is when too much capital chases too few goods and
services. It's caused by too-expansive fiscal ormonetary policy, creating too much liquidity.

Deflation is usually caused by a drop in demand. Fewer shoppers mean businesses have to lower prices,
which can turn into a bidding war.

It's also caused by technology changes, such more efficient computer chips. Deflation can also be caused by
exchange rates. For example, China keeps its currency's value low compared to the U.S. dollar. That allows it
to underprice U.S. manufacturers, lowering prices on its exports to the United States.
How Are Inflation and Deflation Controlled in the U.S. Economy?

Since oil and food prices can be so volatile, they are omitted from the core inflation rate. In January 2012,
the Fed decided to use the core PCE price index as its measurement of inflation. If the core inflation rate rises
above the Fed's 2 percent target inflation rate, the central bank will launch a contractionary monetary policy.
That raises interest rates, reducing the money supply and slowing demand-pull inflation.

A
The Fed usually only addresses general inflation. But contractionary monetary policy can attack asset inflation

N
as well. High interest rates can slow demand for housing if asset inflation poses a threat. Unfortunately, the

O
Fed didn't raise interest rates during the housing boom in 2005. It thought that asset inflation would remain
confined to housing and not spread to the general economy. True enough, inflation didn't spread. When the

S
housing bubble burst, it led to the subprime mortgage crisis and the 2008 financial crisis. For more, see Who

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Are the Major Players in the Battle Against Inflation? and What Is Being Done to Control Inflation?

U
Deflation vs. Inflation: Which Is Worse?
Deflation is worse because interest rates can only be lowered to zero. As businesses and people feel less

S
wealthy, they spend less, reducing demand further. Prices drop in response, giving companies
less profit. Once people expect price declines, they delay purchases as long decreases demand,
causing businesses to slash prices even more. It is a vicious, downward spiral.

S
What Inflation and Deflation Mean to You

E E
Inflation lowers your standard of living if your income doesn't keep pace with rising prices (and it rarely does).
However, if inflation is around 2 percent, then people buy things now before prices go up in the future. That

Y
can spur economic growth. For more, see How Does Inflation Impact My Life?

A
What are some examples of inflation?
Definition and Example of Inflation. Inflation is an economic term that refers to an environment of generally

R
rising prices of goods and services within a particular economy. As general prices rise, the purchasing power
of the consumer decreases. The measure of inflation over time is referred to as the inflation rate.

Why is there an inflation?

A T
Both types of inflation cause an increase in the overall price level within an economy. Demand-
pull inflation occurs when aggregate demand for goods and services in an economy rises more rapidly than an

H
economy's productive capacity. ... Rising energy prices caused the cost of producing and transporting goods
to rise.

B
What causes a decrease in inflation?
A: Deflation, or negative inflation, happens when prices fall because the supply of goods is higher than the
demand for those goods. ... These workers then have to decrease their own spending, which leads to even less
demand and more deflation and causes a deflation spiral that is hard to break.
How is inflation started?
Inflation is the increase in prices for goods and services. ... One of the basic causes ofinflation is the economic
principle of supply and demand. As demand for a particular good or service increases, the available supply
decreases.
How is inflation works?
Inflation is pretty simple. It's just the rate at which goods and services increase in value, and in turn, at which
the dollar drops in value. For example, your latte now costs $3.50 instead of $3.25, which means your dollar
buys less latte. ... We measureinflation using a metric called the Consumer Price Index, or CPI.
Is inflation good?
When inflation is too high of course, it is not good for the economy or individuals.Inflation will always reduce
the value of money, unless interest rates are higher thaninflation. And the higher inflation gets, the less chance
there is that savers will see any real return on their money.
Why is there an inflation?
Both types of inflation cause an increase in the overall price level within an economy. Demand-
pull inflation occurs when aggregate demand for goods and services in an economy rises more rapidly than an
economy's productive capacity. ... Rising energy prices caused the cost of producing and transporting goods
to rise.

Inflation is when the prices of goods and services increase. There are four main types of inflation, categorized

A
by their speed. They are creeping, walking, galloping and hyperinflation. There are specific types of asset
inflation and also wage inflation. Some experts say demand-pull and cost-push inflation are two more types,

N
but they are causes of inflation. So is expansion of the money supply.

O
1

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Creeping Inflation

R
Creeping or mild inflation is when prices rise 3 percent a year or less. According to theFederal Reserve, when

U
prices increase 2 percent or less it benefits economic growth. This kind of mild inflation makes consumers
expect that prices will keep going up. That boosts demand. Consumers buy now to beat higher future prices.

S
That's how mild inflation drives economic expansion. For that reason, the Fed sets 2 percent as itstarget

S
inflation rate.

E
2
Walking Inflation

E
Health care costs rise faster than 3% a year. This type of strong, or pernicious, inflation is between 3-10

Y
percent a year. It is harmful to the economy because it heats up economic growth too fast. People start to buy

A
more than they need, just to avoid tomorrow's much higher prices. This drives demand even further, so that
suppliers can't keep up. More important, neither can wages. As a result, common goods and services are

R
priced out of the reach of most people.
3

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Galloping Inflation

A
Galloping inflation occurred during WWII.When inflation rises to 10 percent or more, it wreaks absolute havoc
on the economy. Money loses value so fast that business and employee income can't keep up with costs and

H
prices. Foreign investors avoid the country, depriving it of needed capital. The economy becomes unstable,

B
and government leaders lose credibility. Galloping inflation must be prevented at all costs.
4
Hyperinflation
At time of hyperinflation in Germany, 20's : banknotes in a bank in Berlin. Credit: APIC/Getty
ImagesHyperinflation is when prices skyrocket more than 50 percent a month. It is very rare. In fact, most
examples of hyperinflation have occurred only when governments printed money to pay for wars. Examples of
hyperinflation include Germany in the 1920s, Zimbabwe in the 2000s, and America during its civil war. More
5
Stagflation is when economic growth is stagnant but there still is price inflation. This seems contradictory, if
not impossible. Why would prices go up when there isn't enough demand to stoke economic growth?It
happened in the 1970s when the United States abandoned the gold standard. Once the dollar's value was no
longer tied to gold, it plummeted. At the same time, the price of gold skyrocketed.Stagflation didn't end until
Federal Reserve Chairman Paul Volcker raised the fed funds rate to the double-digits. He kept it there long
enough to dispel expectations of further inflation. Because it was such an unusual situation,
stagflation probably won't happen again. More
6
Core Inflation
Food prices are not included in the core inflation rate. core inflation rate measures rising prices in
everything except food and energy. That's because gas prices tend to escalate every summer. Families use
more gas to go on vacation. Higher gas costs increase the price of food and anything else that has large
transportation costs.The Federal Reserve uses the core inflation rate to guide it in setting monetary policy.
The Fed doesn't want to adjust interest rates every time gas prices go up. More
7

A
Deflation
Deflation is the opposite of inflation. It's when prices fall. It's caused when an asset bubble bursts.That's what

N
happened in housing in 2006. Deflation in housing prices trapped those who bought their homes in 2005. In

O
fact, the Fed was worried about overall deflation during the recession. That's because deflation can turn a

S
recession into a depression. During the Great Depression of 1929, prices dropped 10 percent a year. Once
deflation starts, it is harder to stop than inflation. More

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8
Wage Inflation

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Most U.S. workers have not experienced wage inflation. Wage inflation is when workers' pay rises faster than
the cost of living. This occurs in three situations. First, is when there is a shortage of workers. Second, is when
labor unions negotiate ever-higher wages. Third is when workers effectively control their own pay.A worker

S
shortage occurs whenever unemployment is below 4 percent. Labor unions negotiated higher pay for auto

E
workers in the 1990s. CEOs effectively control their own pay by sitting on many corporate boards, especially

E
their own. All of these situations created wage inflation.Of course, everyone thinks their wage increases are
justified. But higher wages are one element of cost-

Y
Human rights

A
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in
1948, partly in response to the atrocities of World War II.

R
Human rights are moral principles or norms[1] that describe certain standards of human behaviour, and are
regularly protected as legal rights in municipal and international law.[2] They are commonly understood as

T
inalienable[3] fundamental rights "to which a person is inherently entitled simply because she or he is a
human being",[4] and which are "inherent in all human beings"[5] regardless of their nation, location,

A
language, religion, ethnic origin or any other status.[3] They are applicable everywhere and at every time in
the sense of being universal,[1] and they are egalitarian in the sense of being the same for everyone.[3] They

H
are regarded as requiring empathy and the rule of law[6] and imposing an obligation on persons to respect
the human rights of others,[1][3] and it is generally considered that they should not be taken away except as

B
a result of due process based on specific circumstances;[3] for example, human rights may include freedom
from unlawful imprisonment, torture and execution
Or
Human rights are the basic rights and freedoms that belong to every person in the world, from birth until
death. They apply regardless of where you are from, what you believe or how you choose to live your life. They
can never be taken away, although they can sometimes be restricted – for example if a person breaks the law,
or in the interests of national security.These basic rights are based on values like dignity, fairness, equality,
respect and independence. But human rights are not just abstract concepts – they are defined and protected
by law. In Britain our human rights are protected by the Human Rights Act 1998.

We’ve produced this short animation to show why human rights are so important and how they protect us in
our day-to-day lives.

How do human rights help you?

Human rights are relevant to all of us, not just those who face repression or mistreatment. They protect you in
many areas of your day-to-day life: here are just some of the main rights and freedoms they support:
• your right to a private and family life as well as expressing your opinions, and
• your right not to be mistreated or wrongly punished by the state.

Where do human rights come from?

A
The idea that human beings should have a set of basic rights and freedoms has deep roots in Britain.
Landmark developments in Britain include the Magna Carta of 1215, the Habeas Corpus Act of 1679 and the

N
Bill of Rights of 1689. See the British Library's website for more information on these and other icons of liberty
and progress.

S O
The atrocities of the Second World War made the protection of human rights an international priority. The
formation of the United Nations paved the way for more than 50 Member States to contribute to the final draft

R
of the Universal Declaration of Human Rights, adopted in 1948. This was the first attempt to set out at a global
level the fundamental rights and freedoms shared by all human beings.

U
The Universal Declaration of Human Rights is brought to life in this four-minute video, 'Everybody - we are all

S
born free', produced by Amnesty.

The Declaration formed the basis for the European Convention on Human Rights, adopted in 1950. British

S
lawyers played a key role in drafting the Convention, with Winston Churchill also heavily involved. It protects
the human rights of people in countries that belong to the Council of Europe, including the UK.

E E
The Human Rights Act 1998 made these rights part of our domestic law. The Act means that courts in the
United Kingdom can hear human rights cases. Before it was passed, people had to take their complaints to the

Y
European Court of Human Rights in Strasbourg, France.
Universal Declaration of Human Rights

A
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable

R
rights of all members of the human family is the foundation of freedom, justice
and peace in the world,

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Whereas disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind, and the advent of a world

A
in which human beings shall enjoy freedom of speech and belief and freedom
from fear and want has been proclaimed as the highest aspiration of the common

H
people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last

B
resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between
nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, in the dignity and worth of the human person
and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation
with the United Nations, the promotion of universal respect for and observance of
human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and
every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these
rights and freedoms and by
progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
Article I
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.

A
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person

N
belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.

O
Article 3
Everyone has the right to life, liberty and security of person.

S
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be

R
prohibited in all their forms.
Article 5

U
No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment. Article 6

S
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal

S
protection of the law. All are entitled to equal protection against any

E
discrimination in violation of this Declaration and against any incitement to such
discrimination.

E
Article 8
Everyone has the right to an effective remedy by the competent national tribunals

Y
for acts violating the fundamental rights granted him by the constitution or by law.
Article 9

A
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10

R
Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.

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Article 11
1. Everyone charged with a penal offence has the right to be presumed

A
innocent until proved guilty according to law in a public trial at which he
has had all the guarantees necessary for his defence.

H
2. No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or

B
international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal
offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honour and reputation. Everyone has
the right to the protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the
borders of each State.
2. Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16 1. Men and women of full age, without any limitation due to race, nationality
or religion, have the right to marry and to found a family. They are entitled

A
to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the

N
intending spouses.
3. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.

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Article 17

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1. Everyone has the right to own property alone as well as in association with
others.

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2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right

U
includes freedom to change his religion or belief, and freedom, either alone or in

S
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19

S
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart

E
information and ideas through any media and regardless of frontiers.
Article 20

E
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

Y
Article 21 1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.

A
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government;

R
this will shall be expressed in periodic and genuine elections which shall
be by universal and equal suffrage and shall be held by secret vote or by

T
equivalent free voting procedures.
Article 22

A
Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in

H
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the free development

B
of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal
work.
3. Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of
his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay. Article 25
1. Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security
in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
Article 26
1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all
on the basis of merit.
2. Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and

A
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further

N
the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be

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given to their children.
Article 27

S
1. Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and

R
its benefits. 2. Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the

U
author.
Article 28

S
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29

S
1. Everyone has duties to the community in which alone the free and full

E
development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only

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to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others

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and of meeting the just requirements of morality, public order and the
general welfare in a democratic society.

A
3. These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.

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Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the

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destruction of any of the rights and freedoms set forth herein.

A
What are the basic human rights?
All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality

H
before the law and freedom of expression; economic, social and cultural rights, such as the rights to work,
social security and education , or collectiverights, such as the rights to development and self- ...

B
What do you mean by human rights?
It is something to which you are entitled by virtue of being human. Human rights are based on the principle of
respect for the individual. Their fundamental assumption is that each person is a moral and rational being who
deserves to be treated with dignity. They are called human rights because they are universal.
UNIVERSAL DECLARATION OF HUMAN RIGHTS

UNITED NATIONS
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Simplified Version
This simplified version of the 30 Articles of the Universal Declaration of Human Rights has been created
especially for young people.

1. We Are All Born Free & Equal. We are all born free. We all have our own thoughts and ideas. We should all be
treated in the same way.

2. Don’t Discriminate. These rights belong to everybody, whatever our differences.


3. The Right to Life. We all have the right to life, and to live in freedom and safety.

4. No Slavery. Nobody has any right to make us a slave. We cannot make anyone our slave.

5. No Torture. Nobody has any right to hurt us or to torture us.

6. You Have Rights No Matter Where You Go. I am a person just like you!

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7. We’re All Equal Before the Law. The law is the same for everyone. It must treat us all fairly.

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8. Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated
fairly.

send us away from our country.

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9. No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep us there, or to

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10. The Right to Trial. If we are put on trial this should be in public. The people who try us should not let anyone
tell them what to do.

When people say we did a bad thing we have the right to show it is not true.

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11. We’re Always Innocent Till Proven Guilty. Nobody should be blamed for doing something until it is proven.

12. The Right to Privacy. Nobody should try to harm our good name. Nobody has the right to come into our

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home, open our letters, or bother us or our family without a good reason.

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13. Freedom to Move. We all have the right to go where we want in our own country and to travel as we wish.

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14. The Right to Seek a Safe Place to Live. If we are frightened of being badly treated in our own country, we all

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have the right to run away to another country to be safe.

A
15. Right to a Nationality. We all have the right to belong to a country

R
T
16. Marriage and Family. Every grown-up has the right to marry and have a family if they want to. Men and

A
women have the same rights when they are married, and when they are separated.

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17. The Right to Your Own Things. Everyone has the right to own things or share them. Nobody should take our
things from us without a good reason.

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18. Freedom of Thought. We all have the right to believe in what we want to believe, to have a religion, or to
change it if we want.

19. Freedom of Expression. We all have the right to make up our own minds, to think what we like, to say what
we think, and to share our ideas with other people.

20. The Right to Public Assembly. We all have the right to meet our friends and to work together in peace to
defend our rights. Nobody can make us join a group if we don’t want to.

21. The Right to Democracy. We all have the right to take part in the government of our country. Every grown-
up should be allowed to choose their own leaders.

22. Social Security. We all have the right to affordable housing, medicine, education, and childcare, enough
money to live on and medical help if we are ill or old.

23. Workers’ Rights. Every grown-up has the right to do a job, to a fair wage for their work, and to join a trade
union.

24. The Right to Play. We all have the right to rest from work and to relax.
25. Food and Shelter for All. We all have the right to a good life. Mothers and children, people who are old,
unemployed or disabled, and all people have the right to be cared for.

26. The Right to Education. Education is a right. Primary school should be free. We should learn about the
United Nations and how to get on with others. Our parents can choose what we learn.

27. Copyright. Copyright is a special law that protects one’s own artistic creations and writings; others cannot
make copies without permission. We all have the right to our own way of life and to enjoy the good things that
art, science and learning bring.

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28. A Fair and Free World. There must be proper order so we can all enjoy rights and freedoms in our own

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country and all over the world.

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29. Responsibility. We have a duty to other people, and we should protect their rights and freedoms.

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30. No One Can Take Away Your Human Rights.

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Human rights in India
Human rights in India is an issue complicated by the country's large size & population, widespread poverty,

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lack of proper education & its diverse culture, even though being the world's largest sovereign,
secular, democratic republic. The Constitution of India provides forFundamental rights, which include freedom

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of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and
freedom of movement within the country and abroad. The country also has an independent judiciary[1][2] and

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well as bodies to look into issues of human rights.[3]
The 2016 report of Human Rights Watch accepts the above-mentioned faculties but goes to state that India has

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"serious human rights concerns. Civil society groups face harassment and government critics face
intimidation and lawsuits. Free speech has come under attack both from the state and by interest groups.

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Muslim and Christian minorities accuse authorities of not doing enough to protect their rights.But in the recent
years, more emphasis is given to minority rights & freedom of speech.The government is yet to repeal laws

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that grant public officials and security forces immunity from prosecution for abuses

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Chronology of events regarding human rights in India[edit]
1829 The practice of sati was formally abolished by Governor General William Bentick after years of

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campaigning by Hindu reform movements such as the Brahmo Samaj of Ram Mohan Roy against this
orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands.
1929 Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is passed.

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1947 India achieves political independence from the British Raj.
1950 The Constitution of India establishes a sovereign democratic republic with universal adult

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franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the Supreme Court
and the High Courts. It also provides for reservations for previously disadvantaged sections in education,

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employment and political representation.
1952 Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as "denotified"

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and Habitual Offenders Act (1952) enacted.
1955 Reform of family law concerning Hindus gives more rights to Hindu women.
1958 Armed Forces (Special Powers) Act, 1958[6]
1973 Supreme Court of India rules in Kesavananda Bharati case that the basic structure of the
Constitution (including many fundamental rights) is unalterable by a constitutional amendment.
1975-77 State of Emergency in India
extensive rights violations take place.
1978 SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the Constitution
cannot be suspended even in an emergency.
1978 Jammu and Kashmir Public Safety Act, 1978[7][8]
1984 Operation Blue Star and the subsequent 1984 Anti-Sikh riots
1984 2006 Extrajudicial disappearances in Punjab by the police
1985-86 The Shah Bano case, where the Supreme Court recognised the Muslim woman's right to
maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision of the Supreme Court,
the Rajiv Gandhi government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986
1987 Hashimpura massacre during communal riots in Meerut.
1989 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed.
1989–present Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, desecrating Hindu
temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government functionaries.
1992 A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a third tier of
governance at the village level, with one-third of the seats reserved for women. Reservations were provided
for scheduled castes and tribes as well.
1992 Babri Masjid demolished by Hindu mobs, resulting in riots across the country.
1993 National Human Rights Commission is established under the Protection of Human Rights Act.

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2001 Supreme Court passes extensive orders to implement the right to food.[9]
2002 2002 Gujarat riots which claimed several thousand lives of Muslims and Hindus.

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2005 A powerful Right to Information Act is passed to give citizen's access to information held by public
authorities.[10]
2005 National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment.

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2005 Disappearance of Jaswant Singh Khalra by the Punjab Police (Khalra brought to light the

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extrajudicial disappearances in Punjab)
2006 Supreme Court orders police reforms in response to the poor human rights record of Indian
police.[11]

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2009 Delhi High Court declares that Section 377 of the Indian Penal Code, which outlaws a range of
unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private

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consenting individuals, effectively decriminalising homosexual relationships in India. See also: Homosexuality
in India.

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Use of torture by police[edit]
The Asian Centre for Human Rights estimated that from 2002 to 2008, over four people per day died while in

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police custody, with "hundreds" of those deaths being due to police use of torture.[13] According to a report
written by the Institute of Correctional Administration in Punjab, up to 50% of police officers in the country

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have used physical or mental abuse on prisoners.[14] Instances of torture, such as through a lack of
sanitation, space, or water have been documented in West Bengal as well. [15]

Sexual violence[edit]
See also: Child sexual abuse in India

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India is home to the largest number of sexually abused children in the world.[16] About 53% of children have

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been subjected to some form of sexual abuse.[16] In 2012, India introduced the Protection of Children from
Sexual Offences Act (POCSO) to deal with cases of child sexual abuse. However, it took two years to record

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the first cases under the law and there are huge gaps in its implementation with the conviction rate under the
act being only 2.4%.[16] It is argued that the prevalence is driven by reluctance to expose relatives, who are
often the abusers. As a result, more than 50% of adults who were abused surveyed wanted the matter to stay

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within the family and only 17% wanted harsh punishments for offenders.

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Forced Labor[edit]

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See also: Slavery in India
India has the highest number of people living in conditions of slavery, 18.3 million, three times more than the

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next highest nation.

Debt Bondage[edit]
Main article: Debt bondage in India
Most of those in India living in slavery are in bonded labour, where a person pledges himself or herself
against a loan. Debt bondage can be passed on from generation to generation, with children required to pay
off their parents' debt.

Child labor
Main article: Child labor in India
India has the largest number of child labourers under the age of 14 in the world with an estimated 12.6 million
children engaged in hazardous occupations.

Religious violence
Main article: Religious violence in India
Communal conflicts between religious groups (mostly between Hindus and Muslims) have been prevalent in
India since around the time of its independence from British Rule. Among the oldest incidences of communal
violence in India was the Moplah rebellion, when Militant Islamists massacred Hindus in Kerala. Communal
riots took place during the partition of India between Hindus/Sikhs and Muslims where large numbers of
people were killed in large-scale violence.
1984 anti-Sikh riot
The 1984 Anti-Sikh Riots was a four-day period during which Sikhs were massacred by members of the
secular-centrist Congress Party of India; some estimates state that more than 2,000 were killed. </ref>[[24]
Other incidents include the 1987 Hashimpura massacre during communal riots in Meerut, 1992 Bombay
Riots. The killing was supposedly done at the behest of Congress leaders such as Jagdish Tytler. Congress
Party officials provided assailants with voter lists, school registration forms, and ration lists. Nanavati
Commission also found out that several Congress leaders were behind this lynching. Former prime minister
Manmohan Singh apologized in the Loksabha for the involvement of Congress stalwarts in the Lok Sabha.[25]

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2002 Gujarat riots
Main article: 2002 Gujarat riots

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The 2002 Gujarat violence —in the latter, more than 100 Muslims[26] were killed, 2,500 people were injured
non-fatally, and 223 more were reported missing. Other sources estimate that up to 2,000 Muslims died.[27]

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There were instances of rape, children being burned alive, and widespread looting and destruction of
property. The Chief Minister at that time, Narendra Modi, has been accused of initiating and condoning the

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violence, as have police and government officials who allegedly directed the rioters and gave lists of Muslim-
owned properties to them. However, later on, he was acquitted of such charges by none less than the

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honorable Supreme Court of India. The reason for the attack considered by some a Muslim mob attack on a
train full of Hindu pilgrims in the Godhra Train Burning, where 58 Hindus were killed.[28] Some

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commentators, however, hold the view that the attacks had been planned, were well orchestrated, and that
the attack on the train was a "staged trigger" for what was actually premeditated violence.

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Lesser incidents plague many towns and villages; representative was the killing of five people in Mau, Uttar
Pradesh during Hindu-Muslim rioting, which was triggered by the proposed celebration of a Hindu

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festival.[28] Other such communal incidents include the 2002 Marad massacre, which was carried out by the
militant Islamist group National Development Front, as well as communal riots in Tamil Nadu executed by the

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Islamist Tamil Nadu Muslim Munnetra Kazagham against Hindus.

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Caste related issues

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Main articles: Caste system in India, Caste politics in India, and Caste-related violence in India
According to a report by Human Rights Watch, "Dalits and indigenous peoples (known as Scheduled Tribes

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or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies
adopted by the Indian government provide a strong basis for protection, but are not being faithfully

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implemented by local authorities.

The UN stated in 2011 that the caste system of India will be declared a human rights abuse. The UN's Human

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Rights Council, meeting in Geneva, is expected to ratify draft principles which recognises the scale of
persecution suffered by 65 million 'untouchables' or 'Dalits' who carry out the most menial and degrading

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work.

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Amnesty International says "it is the responsibility of the Indian government to fully enact and apply its legal
provisions against discrimination on the basis of caste and descent.

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Denotified tribes of India, along with many nomadic tribes collectively 60 million in population, continue to
face social stigma and economic hardships, despite the fact Criminal Tribes Act 1871, was repealed by the
government in 1952 and replaced by Habitual Offenders Act (HOA) (1952), as effectively it only created a new
list out of the old list of so-called "criminal tribes. These tribes even today face the consequences of the
'Prevention of Anti-Social Activity Act' (PASA), which only adds to their everyday struggle for existence as
most of them live below poverty line. National Human Rights Commission and UN's anti-discrimination body
Committee on the Elimination of Racial Discrimination (CERD) have asked the government to repeal this law
as well, as these former "criminalised" tribes continue to suffer oppression and social ostracization at large
and many have been denied SC, ST or OBC status, denying them access to reservations which would
elevated their economic and social status.

Freedom of expression
Main article: Freedom of expression in India
According to the estimates of Reporters Without Borders, India ranks 122nd worldwide in 2010 on the press
freedom index (down from 105th in 2009). The press freedom index for India is 38.75 in 2010 (29.33 for 2009)
on a scale that runs from 0 (most free) to 105 (least free).[36][37] In 2014 India was down ranked to 140th
worldwide (score of 40.34 out of 105) but despite this remains one of the best scores in the region.
The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech
and expression" (Article 19(1) a). However this right is subject to restrictions under subclause (2), whereby
this freedom can be restricted for reasons of "sovereignty and integrity of India, the security of the State,
friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to
contempt of court, defamation, or incitement to an offence". Laws such as the Official Secrets Act and
Prevention of Terrorism Act [39] (POTA) have been used to limit press freedom. Under POTA, person could
be detained for up to six months before the police were required to bring charges on allegations for

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terrorism-related offenses. POTA was repealed in 2004, but was replaced by amendments to UAPA.[40] The
Official Secrets Act 1923 is abolished after right to information act 2005

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For the first half-century of independence, media control by the state was the major constraint on press
freedom. Indira Gandhi famously stated in 1975 that All India Radio is "a Government organ, it is going to

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remain a Government organ..." [41] With the liberalisation starting in the 1990s, private control of media has
burgeoned, leading to increasing independence and greater scrutiny of government. Organisations like

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Tehelka and NDTV have been particularly influential, e.g. in bringing about the resignation of powerful
Haryana minister Venod Sharma. In addition, laws like Prasar Bharati act passed in recent years contribute

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significantly to reducing the control of the press by the government.

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Jammu and Kashmir

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Main article: Human rights abuses in Jammu and Kashmir

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A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2006.

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Several international agencies and the UN have reported human rights violations in Indian-administered
Kashmir. In a press release the OHCHR spokesmen stated "The Office of the High Commissioner for Human

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Rights is concerned about the recent violent protests in Indian-administered Kashmir that have reportedly led
to civilian casualties as well as restrictions to the right to freedom of assembly and expression.".] A

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1996 Human Rights Watch report accuses the Indian military and Indian-government backed paramilitaries of
"committ[ing] serious and widespread human rights violations in Kashmir." One such alleged massacre

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occurred on 6 January 1993 in the town of Sopore. The Human Rights Watch also wrote of other regular

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human rights abuses being committed by the Indian forces including "using rape as a means to punish and
humiliate communities".] TIME Magazine described the incident as such: "In retaliation for the killing of one
soldier, paramilitary forces rampaged through Sopore's market setting buildings ablaze and shooting
bystanders. The Indian government pronounced the event 'unfortunate' and claimed that an ammunition dump
had been hit by gunfire, setting off fires that killed most of the victims." In addition to this, there have been
claims of disappearances by the police or the army in Kashmir by several human rights organisations.
Many human rights organisations such as Amnesty International and the Human Rights Watch (HRW) have
condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances",
and torture;[55] the "Armed Forces Special Powers Act", (AFSPA) which "provides impunity for human rights
abuses and fuels cycles of violence. The AFSPA grants the military wide powers of arrest, the right to shoot to
kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need
such powers because the army is only deployed when national security is at serious risk from armed
combatants. Such circumstances, they say, call for extraordinary measures." Human rights organisations
have also asked Indian government to repeal[6] the Public Safety Act, since "a detainee may be held in
administrative detention for a maximum of two years without a court order.".[56] One 2008 report determined
that Indian Administered Kashmir, was 'partly Free
Panchayati raj (India)
In India, the Panchayati Raj generally refers to the system introduced by constitutional amendment in 1992,
although it is based upon the traditional panchayat system of South Asia. The modern Panchayati Raj and
its Gram Panchayats are not to be confused with the extra-constitutional Khap Panchayats (or Caste
Panchayats) found in northern India.[1] The Panchayati Raj system was formalized in 1992, following a study
conducted by a number of Indian committees on various ways of implementing more decentralized
administration.

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Open Panchayat near Narsingarh,Madhya Pradesh, India

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Mahatma Gandhi advocated Panchayati Raj as the foundation of India's political system, as a decentralized
form of government in which each village would be responsible for its own affairs.[2][3] The term for such a

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vision was Gram Swaraj ("village self-governance"). Instead, India developed a highly centralized form of
government.[4] However, this has been moderated by the delegation of several administrative functions to the

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local level, empowering elected gram panchayats. There are significant differences between the traditional

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Panchayati Raj system, that was envisioned by Gandhi, and the system formalized in India in 1992.
In India, the Panchayati Raj now functions as a system of governance in which gram panchayats are the basic

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units of local administration. The system has three levels: Gram Panchayat (village level), Mandal Parishad or

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Block Samiti or Panchayat Samiti (block level), and Zila Parishad(district level).[6] It was formalized in 1992 by
the 73rd amendment to the Indian Constitution.[7]

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Panchayati Raj is the basic unit of administration in a system of governance. The Constitutional (73rd
Amendment) Act 1992 came into force in India on 24 April 1993 to provide constitutional status to the

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Panchayati Raj institutions. This act was extended to the Panchayats in the tribal areas of eight states, namely
Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Odisha and Rajasthan from 24

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December 1996. Currently, the Panchayati Raj system exists in all the states of India except Nagaland,
Meghalaya, Mizoram and in all Union Territories except Delhi

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It has three levels: Gram Panchayat (village level), Mandal Parishad or the Block Samiti or Panchayat Samiti
(block level) and Zilla Parishad (district level). The term "Panchayati Raj" is an ancient concept adopted by the
people of India for the local administration of a village. Raj means "rule". Mahatma Gandhi advocated the
Panchayati Raj, a decentralised form of the Government where each village is responsible for its own affairs.
The term for such a vision was Gram Swaraj. The leader of the Panchayat was generally called the Mukhiya or
Sarpanch, and occupies an elected position.

Various committees on Panchayati Raj:

• Balwant Rai Mehta: established 1957


• V.T. Krishnammachari: 1960
• Takhatmal Jain Study Group: 1966
• Ashok Mehta Committee: 1977
• G.V.K. Rao Committee: 1985
• Dr. L.M. Singhvi Committee: 1986
The Three-Tier System of Panchayati Raj in India
Recommendations of Balwant Rai Mehta Committee

The Balwant Rai Mehta Committee, headed by MP Balwant Rai Mehta, was a committee appointed by the
Government of India in January 1957 to examine the working of the Community Development Programme
(1952) and the National Extension Service (1953) and to suggest measures for their better working.

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The recommendations of the committee were approved by NDC in January 1958 and this set the stage for the

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launch of Panchayati Raj Institutions throughout the country. The committee recommended the
establishment of the scheme of ‘democratic decentralisation’, which finally came to be known as Panchayati

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Raj.
the Three-Tier System of Panchayati Raj in India!

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1. Village Panchayat:

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In the structure of the Panchayati Raj, the Village Panchayat is the lowest unit. There is a Panchayat for each

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village or a group of villages in case the population of these villages happens to be too small. The Panchayat
chiefly consists of representatives elected by the people of the village.
Only the persons who are registered as voters and do not hold any office of profit under the government are

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eligible for election to the Panchayat. The persons convicted by the court for criminal offences are
disqualified from election of the Panchayat.

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There is also provision for co-option of two women and one member of the Scheduled Castes and Scheduled
Tribes, if they do not get adequate representation in the normal course.

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The Panchayat as a body is accountable to the general body of the village known as Gram Sabha which meets
at least twice a year. The Gram Panchayat must present its budget, accounts of the previous year and annual

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administrative report before the Gram Sabha. Furthermore, it has to secure the latter’s approval of the village
production plan, proposals for taxation and development programmes before they are enforced by the

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Panchayat.

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Every Panchayat elects a President or Sarpanch and a Vice-President or Upsarpanch. In some states the
Sarpanch is directly elected by the Gram Sabha either through the show of hands or through secret ballot

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while in other states the mode of election is indirect.

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The Sarpanch occupies a pivotal position in Gram Panchayat system. He supervises and coordinates the
various activities of the Panchayat.

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He is an ex-officio member of the Panchayat Samiti and participates in its decision-making as well as in the
election of the Pradhan and of the members of various Standing Committees. He acts as the executive head of
the Panchayat, represents it in the Panchayat Samiti as its spokesman and coordinates its activities and those
of other local institutions like cooperatives.
The Panchayat Secretary and the Village Level Worker are the two officers at the Panchayat level to assist the
Sarpanch in administration.
The Panchayat Secretary assists the Panchayat in recording decisions, keeping minutes, preparing budget
estimates and reports, and does other sundry jobs like preparing notices, explaining circulars, organising
Gram Sabha meetings etc.
The Village Level Worker now called Village Development Officer assists the Panchayat in drawing up
agricultural production plans, helps farmers in securing loans for agriculture, arranges the supply of inputs
like seeds and fertilizers, and educates farmers about modern agricultural practices. He serves as the
principal link between the Panchayat and the Panchayat Samiti.

He keeps the Panchayat informed of various development programmes and reports to the Panchayat Samiti
about the progress of the schemes and achievement of targets. He is accountable to the Sarpanch at the
Panchayat level on the one hand, and to the Block Development Officer and extension officers on the other
hand at the Samiti level.

The Gram Panchayats can levy certain taxes and duties to meet their expenses. Some of the taxes which the
Gram Panchayats can levy include tax on animals, vehicles, house, vacant lands and professions. They can
also levy duty on transfer or property situated in the area under their jurisdiction.

The fees paid for presenting civil criminal cases before the Panchayats and fines on account violation of
Panchayat laws are other sources of its income. But a, as the duties to be performed by the Panchayats are
so onerous that they have to depend on the state government for further finances.

As regards the principal functions performed by the Village Panchayat, they include maintenance of roads,
wells, schools, burning and burial grounds, sanitation, public health, libraries, reading rooms, community
centre etc.

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The Panchayat also keeps records of births and deaths. It makes necessary provisions for the promotion of

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agriculture and animal husbandry, cottage CONTI industries, co-operative societies etc. The minor disputes
among residents of village are also settled by the Village Panchayat.

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It seeks to ensure a minimum standard of cultivation for raising agricultural production. In addition, the
Panchayat also acts as the agent of the Panchayat Samiti in executing schemes of development at the village
level.

2. Panchayat Samiti:

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The Panchayat Samiti is the second on join tier of the Panchayati Raj. The Balwant Rai Mehta Committee

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report has envisaged the Samiti as a single representative and vigorous democratic institution to take charge
of all aspects of development in rural areas. The Samiti, according to the Committee, offers “an area large
enough for functions which the Village Panchayat cannot perform and yet small enough to attract the interest

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and services of residents.”

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Usually a Panchayat Samiti consists of 20 to 60 villages depending on area and population. The average
population under a Samiti is about 80,000 but the range is from 35,000 to 1, 00,000. The Panchayat Samiti

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generally consists of- (1) about twenty members elected by and from the Panches of all the Panchayats falling

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in the block area; (2) two women members and one member each from the Scheduled Castes and Scheduled
Tribes to be co- opted, provided they do not get adequate representation otherwise;

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(3) two local persons possessing experience of public life and administration, which may be beneficial for the

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rural development; (4) representatives of the Co-operatives working within the jurisdiction of the block; (5)
one representative elected by and from the members of each small municipality lying within the geographical
limits of a block; (6) the members of the State and Union legislatures representing the area are to be taken as

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associate members.

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The President of the Panchayat Samiti is the Pradhan, who is elected by an electoral college consist of all
members of the Panchayat Samiti and all the Panchas of the Gram Panchayat falling within the areas. Besides

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the Pradhan, the Up-pradhan is also elected. The Pradhan convenes and presides over the Panchayat Samiti
meetings. He guides the Panchayats in making plans and carrying out production programmes.

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He ensures the implementation of the decisions and resolutions of the Samiti and its Standing Committees.
He exercises administrative control over the Vikas Adhikari (BDO) and his staff. He is a member of the Zilla
Parishad by virtue of his office as a Pradhan. He is the ex- officio chairman of the Standing Committees of the
Samiti.

As the Chief Executive Officer of the Panchayat Samiti, the Block Development Officer is entrusted with the
responsibility for implementing the resolutions of the Samiti and its Standing Committees. He prepares the
budget of the Samiti and places it before the Samiti for approval. Preparing the annual report of the Samiti
and sending it to the Zilla Parishad and State Government also comes within the purview of his responsibility.
He is accountable to the President of the Samiti for his actions.

The principal function of the Panchayat Samiti is to co­ordinate the activities of the various Panchayats within
its jurisdiction. The Panchayat Samiti supervises the work of the Panchayats and scrutinises their budgets. It
also reserves the right to suggest measures for improving the functioning of the Panchayats. The Samiti is
charged with the responsibility of preparing and colon implementing plans for the development of
agriculture, animal to SU (husbandry, fisheries, small scale and cottage industries, rural health tropic etc.
On the face of things it may appear that the Panchayat Samiti enjoys enormous powers. But the reality is
something different. It has no independence in instituting special programmes or development projects of its
choice. It simply carries out the directives of the State Government pertaining to specific projects.

Furthermore, the primacy of the non-elected members of the Samiti over the elected members amounts to a
mockery of democracy so far as democratic decentralisation is concerned. Despite all world these it cannot
be gainsaid that the Panchayat Samiti serves as a launching pad for the political leaders for higher

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responsibilities at the district and state levels.

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3. Zilla Parishad:

The Zilla Parishad stands at the apex of the three-tier structure of the Panchayati Raj system. Generally, the

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Zilla Parishad consists of representatives of the Panchayat Samiti; all the members of the State Legislature

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and the Parliament representing a part or whole of the district; all district level officers of the Medical, Public
Health, Public Works, Engineering, Agriculture, Veterinary, Education and other development departments.

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There is also a provision for special representation of women, members of Scheduled Castes and Scheduled
Tribes provided they are not adequately represented in the normal course. The Collector is also a member of

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the Zilla Parishad.

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The Chairman of the Zilla Parishad is elected from among its members. There is a Chief Executive Officer in
the Zilla Parishad. He is deputed to the Zilla Parishad by the State Government. There are subject matter

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specialists or officers at the district level in all the states for various development programmes.

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The Zilla Parishad, for the most part, performs co-ordinating and supervisory functions. It coordinates the
activities of the Panchayat Samitis falling within its jurisdiction. In certain states the Zilla Parishad also

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approves the budgets of the Panchayat Samitis.

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The Zilla Parishad also renders necessary advice to the Government with regard to the implementation of the
various development schemes. It is also responsible for the maintenance of primary and secondary schools,

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hospitals, dispensaries, minor irrigation works etc. It also promotes local industries and art.

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The finances of the Zilla Parishad consist of the grants received from the State Government and share in the
land cess and other local cess and taxes. Sometimes it has been allowed by the State Government to levy
certain taxes or enhance the taxes already levied by the Panchayat Samitis subject to a certain limit.

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REVOLT 1857 ONWARDS (Ebook prepared by Bhat Rayees Sursona visit my fb page .

Indian Freedom Struggle Timeline

Year Event

1857 The Revolt of 1857


Establishment of Scientific
1864
Society by Syed Ahmed

(1) Establishment of
1875 Theosophical Society
(2) Establishment of Indian League

Vernacular Press Act

A
1876
(Proposed by Lord Lytton, then viceroy)

N
Hunter Commission
1882 (Also known as

O
Indian Education Commission)

S
1883 Ilbert Bill proposed by Lord Ripon

R
1884 Ilbert Bill passed

U
Establishment of INC.
1885 1st INC Session was held at Bombay

S
(Presided over by W.C. Bonnerjee)

S
Ramakrishna Mission founded
1897
by Swami Vivekanand

July, 1905
Partition

E E
Announced by Lord Curzon
of Bengal

Y
16th October 1905 Partition of Bengal

A
All-India Muslim League
31st December 1906
Founded at Dacca

1907
R
Surat Split of INC

11th August 1908

A T Execution of Khudiram Bose

Minto-Morley Reforms

H
1909
(Also called Indian Councils Act 1909)

B
1910 Indian Press Act

1911 Cancellation of Partition of Bengal

Establishment of Home Rule by


April 1916
Bal Gangadhar Tilak

Lucknow Pact (agreement reached


December 1916
between INC & Muslim League)

1917 Champaran Satyagraha

1918 Establishment of Madras Labour Union

1919 Montagu-Chelmsford Reforms


16th February 1919 Rowlatt Act Passed

13th April 1919 Jallianwala Bagh massacre

1920-22 Non-Cooperation Movement

A
5th February 1922 Chauri Chaura incident took place

N
Late 1922 –
Establishment of Swarajya Party
Early 1923

O
1925 Kakori Conspiracy

S
1927 Establishment of Simon Commission

(1) Assassination

R
of Saunders

U
1928 by Bhagat Singh.
(2) Nehru Report

3rd February 1928

S
Simon Commission arrives in India

S
Purna Swaraj Declaration
December 1929
(Lahore Session)

8th April 1929


Bombing

E
Legislative E in
Assembly
Central
by Bhagat

Y
Singh & Batukeshwar Dutt.

A
18th April 1930 Chittagong armoury raid

R
Civil Disobedience Movement
12th March 1930
starts with Dandi March

T
6th April 1930 Dandi March Ends

A
30th November
1st Round Table Conference

H
1930

B
(1) Gandhi – Irwin Pact
5th March 1931 (5th March 1931)
(2) Karachi Session of INC

7th September
2nd Round Table Conference
1931

(1) Poona Act


1932
(2) 3rd Round Table Conference

1935 Government of India Act

22th June 1939 All India Forward Bloc formed

18-22 August 1940 August Offer by Lord Linlithgow

1942 Quit India Movement

1942 (1) Cripps Mission


(2) Establishment of Indian
Independence League.
(3) Formation of Azad Hind Fauj
(1st September)

Wavell Plan announced in


1945
Shimla Conference

A
Cabinet Mission
1946 (Formulated at the initiative

N
of Clement Attlee, PM of UK )

O
June 1947 Mountbatten Plan

S
1947 Indian Independence Act

R
15th August 1947 Independence Day of India

U
REVOLT 1857

S
The Revolt of 1857 —the First War of Independence

The Revolt of 1857 —the First War of Independence!

S
By the first half of the 19th century, the East India Company had brought major portions of India under its

E
control.One hundred years after the Battle of Plassey, anger against the unjust and oppressive British

E
Government took the form of a revolt that shook the very foundations of British rule in India.While British

Y
historians called it the Sepoy Mutiny, Indian historians named it the Revolt of 1857 or the First War of Indian
Independence. The Revolt of 1857 had been preceded by a series of disturbances in different parts of the

A
country from the late eighteenth century onwardsThe Sanyasi Rebellion in North Bengal and the Chunar

R
rebellion in Bihar and Bengal broke out in the late eighteenth century. There were several peasant uprisings in
the mid- nineteenth century, the most important of which were those by the Moplah peasants of the Malabar

T
and the Faraizi movement by Muslim peasants in Bengal.

A
B H
The first half of the nineteenth century also witnessed a number of tribal revolts. In this context, mention may
be made of the rebellions of the Bhils of Madhya Pradesh, the Santhals of Bihar and the Gonds and Khonds of
Orissa. However, all these disturbances were localized. Although serious and, in some cases, long drawn,
these did not pose any serious threat to the existence of the British Empire.

The Revolt of 1857:


The first expression of organised resistance was the Revolt of 1857. It began as a revolt of the sepoys of the
Company’s army but eventually secured the participation of the masses. Its causes lay deeply embedded in
the grievances that all sections of Indian society nurtured against the British rule.

Causes of the Revolt:


Political Causes:
The political causes of the revolt may be traced to the British policy of expansion through the Doctrine of
Lapse and direct annexation. A large number of Indian rulers and chiefs were dislodged, thus arousing fear in
the minds of other ruling families who apprehended a similar fate.

Rani Lakshmi Bai’s adopted son was not permitted to sit on the throne of Jhansi. Satara, Nagpur and Jhansi

A
were annexed under the Doctrine of Lapse. Jaitpur, Sambalpur and Udaipur were also annexed. Other rulers

N
feared that the annexation of their states was only a matter of time. The refusal to continue the pension of Nana
Saheb, the adopted son of Baji Rao II, created hostility among the ruling class.

S O
Moreover, the sentiments of the people were hurt when it was declared that the descendants of the titular

R
Mughal Emperor, Bahadur Shah II, would not be allowed to live in the Red Fort. The annexation of Awadh by
Lord Dalhousie on the pretext of maladministration left thousands of nobles, officials, retainers and soldiers

Social and Religious Causes:


SU
jobless. This measure converted Awadh, a loyal state, into a hotbed of discontent and intrigue.

S
A large section of the population was alarmed by the rapid spread of Western civilization in India. An Act in

E
1850 changed the Hindu law of inheritance enabling a Hindu who had converted into Christianity to inherit his

E
ancestral properties. Besides, the missionaries were allowed to make conversions to Christianity all over
India. The people were convinced that the Government was planning to convert Indians to Christianity.

AY
The abolition of practices like sati and female infanticide, and the legislation legalizing widow remarriage,

R
were threats to the established social structure.Even the introduction of the railways and telegraph was
viewed with suspicion.

Economic Causes:

A T
In rural areas, peasants and zamindars resented the heavy taxes on land and the stringent methods of revenue

H
collection followed by the Company. Many among these groups were unable to meet the heavy revenue

B
demands and repay their loans to money lenders, eventually losing the lands that they had held for
generations. Large numbers of sepoys were drawn from the peasantry and had family ties in villages, so the
grievances of the peasants also affected them.

The economic exploitation by the British and the complete destruction of the traditional economic structure
caused widespread resentment among all sections of the people. After the Industrial Revolution in England,
there was an influx of British manufactured goods into India which ruined industries, particularly the textile
industry, of India.

Indian handicraft industries had to compete with cheap machine- made goods from Britain. India was
transformed into a supplier of raw materials and a consumer of goods manufactured in Britain. All those
people who previously depended on royal patronage for their livelihoods were rendered unemployed. So they
bore a deep- seated grievance against the British.
Military Causes:
The Revolt of 1857 started as a sepoy mutiny. It was only later on that other elements of society joined the
revolt

Indian sepoys formed more than 87% of British troops in India. They were considered inferior to British
soldiers. An Indian sepoy was paid less than a European sepoy of the same rank. Besides, an Indian sepoy
could not rise to a rank higher than that of a Subedar

A
N
S O
The extension of the British Empire in India had adversely affected the service conditions of Indian sepoys.
They were required to serve in areas far away from their homes. In 1856 Lord Canning issued the General

R
Services Enlistment Act which required that the sepoys must be ready to serve even in British land across the
sea.

SU
The ‘Bengal Army’ was recruited from high caste communities in Awadh. They were not prepared to cross the
ocean (Kalapani) which was forbidden as per Hindu religious beliefs. They developed the suspicion that the

S
Government was trying to convert Indians to Christianity.After the annexation of Awadh the Nawab’s army was

E
disbanded. These soldiers lost their means of livelihood. They became bitter enemies of the British.

Immediate Cause:

Y E
The Revolt of 1857 eventually broke out over the incident of greased cartridges. A rumour spread that the

A
cartridges of the new Enfield rifles were greased with the fat of cows and pigs. Before loading these rifles the

R
sepoys had to bite off the paper on the cartridges. Both Hindu and Muslim sepoys refused to use them.
Canning tried to make amends for the error and the offending cartridges were withdrawn, but by then the

T
damage had been done. There was unrest in several places.

A
B H
In March 1857, Mangal Pandey, a sepoy in Barrackpore, had refused to use the cartridge and attacked his
senior officers. He was hanged to death on 8th April. On 9th May, 85 soldiers in Meerut refused to use the new
rifle and were sentenced to ten years’ imprisonment.

Main events of the revolt:


Soon there was a rebellion in the Meerut Cantonment. The Meerut Mutiny (May 9, 1857) marked the beginning
of the Revolt of 1857. The Indian sepoys in Meerut murdered their British officers and broke open the jail. On
May 10, they marched to Delhi.

Capture of Delhi:
In Delhi the mutineers were joined by the Delhi sepoys and the city came under their control. Next day, on 11th
May, the sepoys proclaimed the ageing Bahadur Shah Zafar the Emperor of Hindustan. But Bahadur Shah was
old and he could not give able leadership to the sepoys. The occupation of Delhi was short-lived.
Fall of Delhi:
The British finally attacked Delhi in September. For six days there was desperate fighting. But by September
1857, the British reoccupied Delhi. Thousands of innocent people were massacred and hundreds were
hanged. The old king was captured and later deported to Rangoon where he died in 1862. His sons were shot
dead. Thus ended the imperial dynasty of the Mughals.

A
N
Centres of the revolt:
The revolt spread over the entire area from the neighbourhood of Patna to the borders of Rajasthan. There

in Bihar.

S O
were six main centres of revolt in these regions namely Kanpur, Lucknow, Bareilly, Jhansi, Gwalior and Arrah

Lucknow:
R
SU
Lucknow was the capital of Awadh. There the mutinous sepoys were joined by the disbanded soldiers from the
old Awadh army. Begum Hazrat Mahal, one of the begums of the ex-king of Awadh, took up the leadership of
the revolt. Finally the British forces captured Lucknow. The queen escaped to Nepal.

Kanpur:

ES
E
In Kanpur the revolt was led by Nana Saheb, the adopted son of Peshwa Baji Rao II. He joined the revolt
primarily because he was deprived of his pension by the British. He captured Kanpur and proclaimed himself
the Peshwa. The victory was short- lived.

AY
R
Kanpur was recaptured by the British after fresh reinforcements arrived. The revolt was suppressed with
terrible vengeance. The rebels were either hanged or blown to pieces by canons. Nana Saheb escaped. But

T
his brilliant commander Tantia Tope continued the struggle. Tantia Tope was finally defeated, arrested and

A
hanged.

H
Jhansi:

B
In Jhansi, the twenty-two-year-old Rani Lakshmi Bai led the rebels when the British refused to accept the claim
of her adopted son to the throne of Jhansi. She fought gallantly against the British forces. But she was
ultimately defeated by the English.

Rani Lakshmi Bai escaped. Later on, the Rani was joined by Tantia Tope and together they marched to Gwalior
and captured it. Sindhia, a loyal ally of the British, was driven out. Fierce fighting followed. The Rani of Jhansi
fought like a tigress. She died, fighting to the very end. Gwalior was recaptured by the British

Bihar:
In Bihar the revolt was led by Kunwar Singh.

Suppression of the Revolt:


The Revolt of 1857 lasted for more than a year. It was suppressed by the middle of 1858. On July 8, 1858,
fourteen months after the outbreak at Meerut, peace was finally proclaimed by Canning.
Causes of the failure of the revolt:
Limited Uprising:
Although the revolt was fairly widespread, a large part of the country remained unaffected by it. The revolt was
mainly confined to the Doab region. Sind, Rajputana, Kashmir, most parts of Punjab. The southern provinces
did not take part in it. It failed to have the character of an all-India struggle.Important rulers like Sindhia,

A
Holkar, Rana of Jodhpur and others did not support the rebels.

N
No Effective Leaders:

O
The rebels lacked an effective leader. Nana Saheb, Tantia Tope and Rani Lakshmi Bai were brave leaders, no
doubt, but they could not offer effective leadership to the movement as a whole.

S
R
Limited Resources:
The rebels lacked resources in terms of men and money. The English, on the other hand, received a steady
supply of men, money and arms in India.

No Participation of the Middle Class:


SU
S
The English educated middle class, the rich merchants, traders and zamindars of Bengal helped the British to

E
suppress the revolt.

Results of the revolt:

Y E
The great uprising of 1857 was an important landmark in the history of modern India. The revolt marked the

A
end of the East India Company’s rule in India. India now came under the direct rule of the British Crown. This

R
was announced by Lord Canning at a Durbar in Allahabad in aproclamation issued on 1 November 1858 in the
name of the Queen. Thus, Indian administration was taken over by Queen Victoria, which, in effect, meant the

T
British Parliament. The Governor General’s office was replaced by that of the Viceroy.

A
B H
The Doctrine of Lapse was abolished. The right to adopt sons as legal heirs was accepted. The Revolt of 1857
paved the way for the future struggle for freedom in India.

Indian Freedom Struggle (1857-1947)

In ancient times, people from all over the world were keen to come to India. The Aryans came from Central
Europe and settled down in India.The Persians followed by the Iranians and Parsis immigrated to India. Then
came the Moghuls and they too settled down permanently in India. Chengis Khan, the Mongolian, invaded and
looted India many times. Alexander the Great too, came to conquer India but went back after a battle with
Porus. He-en Tsang from China came in pursuit of knowledge and to visit the ancient Indian universities of
Nalanda and Takshila. Columbus wanted to come to India, but instead landed on the shores of America. Vasco
da Gama from Portugal came to trade his country's goods in return for Indian species. The French came and
established their colonies in India.
Lastly, the Britishers came and ruled over India for nearly 200 years. After the battle of Plassey in 1757, the
British achieved political power in India. And their paramountcy was established during the tenure of Lord
Dalhousie, who became the Governor- General in 1848. He annexed Punjab, Peshawar and the Pathan tribes in
the north-west of India. And by 1856, the British conquest and its authority were firmly established. And while
the British power gained its heights during the middle of the 19th century, the discontent of the local rulers, the

A
peasantry, the intellectuals, common masses as also of the soldiers who became unemployed due to the
disbanding of the armies of various states that were annexed by the British, became widespread. This soon

N
broke out into a revolt which assumed the dimensions of the 1857 Mutiny.

O
The Indian Mutiny of 1857

S
R
The conquest of India, which could be said to have begun with the Battle of Plassey (1757), was practically

U
completed by the end of Dalhousie's tenure in 1856. It had been by no means a smooth affair as the simmering

S
discontent of the people manifested itself in many localized revolt during this period. However, the Mutiny of
1857, which began with a revolt of the military soldiers at Meerut, soon became widespread and posed a grave

S
challenge to the British rule. Even though the British succeeded in crushing it within a year, it was certainly a

E
popular revolt in which the Indian rulers, the masses and the militia participated so enthusiastically that it
came to be regarded as the First War of Indian Independence.

Y E
Introduction of zamindari system by the British, where the peasants were ruined through exorbitant charges
made from them by the new class of landlords. The craftsmen were destroyed by the influx of the British

A
manufactured goods. The religion and the caste system which formed the firm foundation of the traditional

R
Indian society was endangered by the British administration. The Indian soldiers as well as people in
administration could not rise in hierarchy as the senior jobs were reserved for the Europeans. Thus, there was

T
all-round discontent and disgust against the British rule, which burst out in a revolt by the 'sepoys' at Meerut

A
whose religious sentiments were offended when they were given new cartridges greased with cow and pig fat,
whose covering had to be stripped out by biting with the mouth before using them in rifles. The Hindu as well

H
as the Muslim soldiers, who refused to use such cartridges, were arrested which resulted in a revolt by their

B
fellow soldiers on May 9, 1857.

The rebel forces soon captured Delhi and the revolt spread to a wider area and there was uprising in almost all
parts of the country. The most ferocious battles were fought in Delhi, Awadh, Rohilkhand, Bundelkhand,
Allahabad, Agra, Meerut and western Bihar. The rebellious forces under the commands of Kanwar Singh in
Bihar and Bakht Khan in Delhi gave a stunning blow to the British. In Kanpur, Nana Sahib was proclaimed as
the Peshwa and the brave leader Tantya Tope led his troops. Rani Lakshmibai was proclaimed the ruler of
Jhansi who led her troops in the heroic battles with the British. The Hindus, the Muslims, the Sikhs and all the
other brave sons of India fought shoulder to shoulder to throw out the British. The revolt was controlled by the
British within one year, it began from Meerut on 10 May 1857 and ended in Gwalior on 20 June 1858.

End of the East India Company

Consequent to the failure of the Revolt of 1857 rebellion, one also saw the end of the East India Company's rule
in India and many important changes took place in the British Government's policy towards India which sought
to strengthen the British rule through winning over the Indian princes, the chiefs and the landlords. Queen
Victoria's Proclamation of November 1, 1858 declared that thereafter India would be governed by and in the
name of the British Monarch through a Secretary of State.

The Governor General was given title of Viceroy, which meant the representative of the Monarch. Queen
Victoria assumed the title of the Empress of India and thus gave the British Government unlimited powers to
intervene in the internal affair of the Indian states. In brief, the British paramountcy over India, including the
Indian States, was firmly established. The British gave their support to the loyal princes, zamindar and local
chiefs but neglected the educated people and the common masses. They also promoted the other interests

A
N
like those of the British merchants, industrialists, planters and civil servants. The people of India, as such, did
not have any say in running the government or formulation of its policies. Consequently, people's disgust with

O
the British rule kept mounting, which gave rise to the birth of Indian National Movement.The leadership of the

S
freedom movement passed into the hands of reformists like Raja Rammohan Roy, Bankim Chandra and Ishwar
Chandra Vidyasagar. During this time, the binding psychological concept of National Unity was also forged in
the fire of the struggle against a common foreign oppressor.

R
SU
Raja Rammohan Roy (1772-1833) founded the Brahmo Samaj in 1828 which aimed at purging the society of all
its evil practices. He worked for eradicating evils like sati, child marriage and purdah system, championed

S
widow marriage and women's education and favoured English system of education in India. It was through his
effort that sati was declared a legal offence by the British.Swami Vivekananda (1863-1902) the disciple of

E
Ramakrishna Paramahamsa, established the Ramkrishna Mission at Belur in 1897. He championed the

E
supremacy of Vedantic philosophy. His talk at the Chicago (USA) Conference of World Religions in 1893 made
the westerners realize the greatness of Hinduism for the first time.

Formation of Indian National Congress (INC)

AY
R
The foundations of the Indian National Movement were laid by Suredranath Banerjee with the formation of
Indian Association at Calcutta in 1876. The aim of the Association was to represent the views of the educated

T
middle class, inspire the Indian community to take the value of united action. The Indian Association was, in a

A
way, the forerunner of the Indian National Congress, which was founded, with the help of A.O. Hume, a retired
British official. The birth of Indian National Congress (INC) in 1885 marked the entry of new educated middle-

H
class into politics and transformed the Indian political horizon. The first session of the Indian National

B
Congress was held in Bombay in December 1885 under the president ship of Womesh Chandra Banerjee and
was attended among others by and Badr-uddin-Tyabji.

At the turn of the century, the freedom movement reached out to the common unlettered man through the
launching of the "Swadeshi Movement" by leaders such as Bal Gangadhar Tilak and Aurobindo Ghose. The
Congress session at Calcutta in 1906, presided by Dadabhai Naoroji, gave a call for attainment of 'Swaraj' a
type of self-government elected by the people within the British Dominion, as it prevailed in Canada and
Australia, which were also the parts of the British Empire.
A
N
Meanwhile, in 1909, the British Government announced certain reforms in the structure of Government in India
which are known as Morley-Minto Reforms. But these reforms came as a disappointment as they did not mark

O
any advance towards the establishment of a representative Government. The provision of special

S
representation of the Muslim was seen as a threat to the Hindu-Muslim unity on which the strength of the
National Movement rested. So, these reforms were vehemently opposed by all the leaders, including the

R
Muslim leader Muhammad Ali Jinnah. Subsequently, King George V made two announcements in Delhi: firstly,

U
the partition of Bengal, which had been effected in 1905, was annulled and, secondly, it was announced that
the capital of India was to be shifted from Calcutta to Delhi.

S
The disgust with the reforms announced in 1909 led to the intensification of the struggle for Swaraj. While, on

S
one side, the activists led by the great leaders like Bal Gangadhar Tilak, Lala Lajpat Rai and Bipin Chandra Pal

E
waged a virtual war against the British, on the other side, the revolutionaries stepped up their violent activities

E
There was a widespread unrest in the country. To add to the already growing discontent among the people,
Rowlatt Act was passed in 1919, which empowered the Government to put people in jail without trial. This

Y
caused widespread indignation, led to massive demonstration and hartals, which the Government repressed

A
with brutal measures like the Jaliawalla Bagh massacre, where thousand of unarmed peaceful people were
gunned down on the order of General Dyer.

Jallianwala Bagh Massacre


R
A T
Jalianwala Bagh massacre of April 13, 1919 was one of the most inhuman acts of the British rulers in India. The
people of Punjab gathered on the auspicious day of Baisakhi at Jalianwala Bagh, adjacent to Golden Temple

H
(Amritsar), to lodge their protest peacefully against persecution by the British Indian Government. General

B
Dyer appeared suddenly with his armed police force and fired indiscriminately at innocent empty handed
people leaving hundreds of people dead, including women and children.

After the First World War (1914-1918), Mohandas Karamchand Gandhi became the undisputed leader of the
Congress. During this struggle, Mahatma Gandhi had developed the novel technique of non-violent agitation,
which he called 'Satyagraha', loosely translated as 'moral domination'. Gandhi, himself a devout Hindu, also
espoused a total moral philosophy of tolerance, brotherhood of all religions, non-violence (ahimsa) and of
simple living. With this, new leaders like Jawaharlal Nehru and Subhash Chandra Bose also emerged on the
scene and advocated the adoption of complete independence as the goal of the National Movement.

The Non-Cooperation Movement

The Non-Cooperation Movement was pitched in under leadership of Mahatma Gandhi and the Indian National
Congress from September 1920 to February 1922, marking a new awakening in the Indian Independence
Movement. After a series of events including the Jallianwala Bagh Massacre, Gandhiji realised that there was
no prospect of getting any fair treatment at the hands of British, so he planned to withdraw the nation's co-
operation from the British Government, thus launching the Non-Cooperation Movement and thereby marring
the administrative set up of the country. This movement was a great success as it got massive encouragement
to millions of Indians. This movement almost shook the British authorities.

Simon Commission

The Non-cooperation movement failed. Therefore there was a lull in political activities. The Simon Commission

A
was sent to India in 1927 by the British Government to suggest further reforms in the structure of Indian

N
Government. The Commission did not include any Indian member and the Government showed no intention of
accepting the demand for Swaraj. Therefore, it sparked a wave of protests all over the country and the

O
Congress as well as the Muslim League gave a call to boycott it under the leadership of Lala Lajpat Rai. The

S
crowds were lathi charged and Lala Lajpat Rai, also called Sher-e-Punjab (Lion of Punjab) died of the blows
received in an agitation.

Civil Disobedience Movement


R
SU
ES
Y E
A
R
Mahatma Gandhi led the Civil Disobedience Movement that was launched in the Congress Session of
December 1929. The aim of this movement was a complete disobedience of the orders of the British

T
Government. During this movement it was decided that India would celebrate 26th January as Independence
Day all over the country. On 26th January 1930, meetings were held all over the country and the Congress

A
tricolour was hoisted. The British Government tried to repress the movement and resorted to brutal firing,

H
killing hundreds of people. Thousands were arrested along with Gandhiji and Jawaharlal Nehru. But the

B
movement spread to all the four corners of the country Following this, Round Table Conferences were
arranged by the British and Gandhiji attended the second Round Table Conference at London. But nothing
came out of the conference and the Civil Disobedience Movement was revived.

During this time, Bhagat Singh, Sukhdev and Rajguru were arrested on the charges of throwing a bomb in the
Central Assembly Hall (which is now Lok Sabha) in Delhi, to demonstrate against the autocratic alien rule.
They were hanged to death on March 23, 1931.

Quit India Movement

In August 1942, Gandhiji started the 'Quit India Movement' and decided to launch a mass civil disobedience
movement 'Do or Die' call to force the British to leave India. The movement was followed, nonetheless, by
large-scale violence directed at railway stations, telegraph offices, government buildings, and other emblems
and institutions of colonial rule. There were widespread acts of sabotage, and the government held Gandhi
responsible for these acts of violence, suggesting that they were a deliberate act of Congress policy.
However, all the prominent leaders were arrested, the Congress was banned and the police and army were
brought out to suppress the movement.

Meanwhile, Netaji Subhash Chandra Bose, who stealthily ran away from the British detention in Calcutta,
reached foreign lands and organized the Indian National Army (INA) to overthrow the British from India.The

A
Second World War broke out in September of 1939 and without consulting the Indian leaders, India was

N
declared a warring state (on behalf of the British) by the Governor General. Subhash Chandra Bose, with the
help of Japan, preceded fighting the British forces and not only freed Andaman and Nicobar Islands from the

O
Britishers but also entered the north-eastern border of India. But in 1945 Japan was defeated and Netaji

S
proceeded from Japan through an aeroplane to a place of safety but met with an accident and it was given out

R
that he died in that air-crash itself.

U
"Give me blood and I shall give you freedom" - was one of the most popular statements made by him, where he

S
urges the people of India to join him in his freedom movement.

Partition of India and Pakistan

ES
At the conclusion of the Second World War, the Labour Party, under Prime Minister Clement Richard Attlee,
came to power in Britain. The Labour Party was largely sympathetic towards Indian people for freedom. A

E
Cabinet Mission was sent to India in March 1946, which after a careful study of the Indian political scenario,
proposed the formation of an interim Government and convening of a Constituent Assembly comprising

Y
members elected by the provincial legislatures and nominees of the Indian states. An interim Government was
formed headed by Jawaharlal Nehru. However, the Muslim League refused to participate in the deliberations

A
of the Constituent Assembly and pressed for the separate state for Pakistan. Lord Mountbatten, the Viceroy of
India, presented a plan for the division of India into India and Pakistan, and the Indian leaders had no choice

R
but to accept the division, as the Muslim League was adamant.

T
Thus, India became free at the stroke of midnight, on August 14, 1947. (Since then, every year India celebrates
its Independence Day on 15th August). Jawaharlal Nehru became the first Prime Minster of free India and

A
continued his term till 1964. Giving voice to the sentiments of the nation, Prime Minister, Pandit Jawaharlal
Nehru said,

H
Long years ago we made a tryst with destiny, and now the time comes when we will redeem our pledge, not

B
wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps,
India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out
from the old to the new, when an age ends and when the soul of a nation, long suppressed, finds utterance....
We end today a period of ill fortune, and India discovers herself again.

Earlier, a Constituent Assembly was formed in July 1946, to frame the Constitution of India and Dr. Rajendra
Prasad was elected its President. The Constitution of India which was adopted by the Constituent Assembly on
26th November 1949. On January 26, 1950, the Constitution was came into foce and Dr. Rajendra Prasad was
elected the first President of India.

History
The Non-Aligned Movement (NAM) was created and founded during the collapse of the colonial system and the
independence struggles of the peoples of Africa, Asia, Latin America and other regions of the world and at the
height of the Cold War. During the early days of the Movement, its actions were a key factor in the
decolonization process, which led later to the attainment of freedom and independence by many countries and
peoples and to the founding of tens of new sovereign States. Throughout its history, the Movement of Non-
Aligned Countries has played a fundamental role in the preservation of world peace and security.
While some meetings with a third-world perspective were held before 1955, historians consider that the
Bandung Asian-African Conference is the most immediate antecedent to the creation of the Non-Aligned
Movement. This Conference was held in Bandung on April 18-24, 1955 and gathered 29 Heads of States
belonging to the first post-colonial generation of leaders from the two continents with the aim of identifying and
assessing world issues at the time and pursuing out joint policies in international relations.
The principles that would govern relations among large and small nations, known as the "Ten Principles of
Bandung", were proclaimed at that Conference. Such principles were adopted later as the main goals and
objectives of the policy of non-alignment. The fulfillment of those principles became the essential criterion for
Non-Aligned Movement membership; it is what was known as the "quintessence of the Movement" until the
early 1990s.

A
In 1960, in the light of the results achieved in Bandung, the creation of the Movement of Non-Aligned Countries
was given a decisive boost during the Fifteenth Ordinary Session of the United Nations General Assembly,

N
during which 17 new African and Asian countries were admitted. A key role was played in this process by the
then Heads of State and Government Gamal Abdel Nasser of Egypt, Kwame Nkrumah of Ghana, Shri

O
Jawaharlal Nehru of India, Ahmed Sukarno of Indonesia and Josip Broz Tito of Yugoslavia, who later became
the founding fathers of the movement and its emblematic leaders.

S
Six years after Bandung, the Movement of Non-Aligned Countries was founded on a wider geographical basis
at the First Summit Conference of Belgrade, which was held on September 1-6, 1961. The Conference was

R
attended by 25 countries: Afghanistan, Algeria, Yemen, Myanmar, Cambodia, Srilanka, Congo, Cuba, Cyprus,
Egypt, Ethiopia, Ghana, Guinea, India, Indonesia, Iraq, Lebanon, Mali, Morocco, Nepal, Saudi Arabia, Somalia,

U
Sudan, Syria, Tunisia, Yugoslavia.
The Founders of NAM have preferred to declare it as a movement but not an organization in order to avoid

S
bureaucratic implications of the latter.
The membership criteria formulated during the Preparatory Conference to the Belgrade Summit (Cairo, 1961)
show that the Movement was not conceived to play a passive role in international politics but to formulate its

S
own positions in an independent manner so as to reflect the interests of its members.
Thus, the primary of objectives of the non-aligned countries focused on the support of self-determination,

E
national independence and the sovereignty and territorial integrity of States; opposition to apartheid; non-
adherence to multilateral military pacts and the independence of non-aligned countries from great power or

E
block influences and rivalries; the struggle against imperialism in all its forms and manifestations; the struggle
against colonialism, neocolonialism, racism, foreign occupation and domination; disarmament; non-

Y
interference into the internal affairs of States and peaceful coexistence among all nations; rejection of the use
or threat of use of force in international relations; the strengthening of the United Nations; the democratization

A
of international relations; socioeconomic development and the restructuring of the international economic
system; as well as international cooperation on an equal footing.

R
Since its inception, the Movement of Non-Aligned Countries has waged a ceaseless battle to ensure that
peoples being oppressed by foreign occupation and domination can exercise their inalienable right to self-

T
determination and independence.
During the 1970s and 1980s, the Movement of Non-Aligned Countries played a key role in the struggle for the

A
establishment of a new international economic order that allowed all the peoples of the world to make use of
their wealth and natural resources and provided a wide platform for a fundamental change in international

H
economic relations and the economic emancipation of the countries of the South.
During its nearly 50 years of existence, the Movement of Non-Aligned Countries has gathered a growing

B
number of States and liberation movements which, in spite of their ideological, political, economic, social and
cultural diversity, have accepted its founding principles and primary objectives and shown their readiness to
realize them. Historically, the non-aligned countries have shown their ability to overcome their differences and
found a common ground for action that leads to mutual cooperation and the upholding of their shared values.
The ten principles of Bandung
Respect of fundamental human rights and of the objectives and principles of the Charter of the United Nations.
Respect of the sovereignty and territorial integrity of all nations.
Recognition of the equality among all races and of the equality among all nations, both large and small.
Non-intervention or non-interference into the internal affairs of another -country.
Respect of the right of every nation to defend itself, either individually or collectively, in conformity with the
Charter of the United Nations.
A. Non-use of collective defense pacts to benefit the specific interests of any of the great powers.
B. Non-use of pressures by any country against other countries.
Refraining from carrying out or threatening to carry out aggression, or from using force against the territorial
integrity or political independence of any country.
Peaceful solution of all international conflicts in conformity with the Charter of the United Nations.
Promotion of mutual interests and of cooperation.
Respect of justice and of international obligations.
Evolution

The creation and strengthening of the socialist block after the defeat of fascism in World War II, the collapse of
colonial empires, the emergence of a bipolar world and the formation of two military blocks (NATO and the
Warsaw Pact) brought about a new international context that led to the necessity of multilateral coordination
fora between the countries of the South .

A
In this context, the underdeveloped countries, most of them in Asia and Africa, felt the need to join efforts for
the common defense of their interests, the strengthening of their independence and sovereignty and the

N
cultural and economic revival or salvation of their peoples, and also to express a strong commitment with
peace by declaring themselves as "non-aligned" from either of the two nascent military blocks.

O
In order to fulfill the aims of debating on and advancing a strategy designed to achieve such objectives, the

S
Bandung Asian-African Conference was held in Indonesia in April 1955. It was attended by 29 Heads of State
and Government of the first postcolonial generation of leaders and its expressed goal was to identify and

R
assess world issues at the time and coordinate policies to deal with them.

Although the Asian and African leaders who gathered in Bandung might have had differing political and

U
ideological views or different approaches toward the societies they aspired to build or rebuild, there was a

S
common project that united them and gave sense to a closer coordination of positions. Their shared program
included the political decolonization of Asia and Africa. Moreover, they all agreed that the recently attained
political independence was just a means to attain the goal of economic, social and cultural independence.

ES
The Bandung meeting has been considered as the most immediate antecedent of the founding of the
Movement of Non-Aligned Countries, which finally came into being six years later on a wider geographical
basis when the First Summit Conference was held in Belgrade on September 1-6, 1961. This gathering was

E
attended by the Heads of State and Government of 25 countries and observers from another three nations.

Y
This First Summit of the Movement of Non-Aligned Countries was convened by the leaders of India, Indonesia,
Egypt, Syria and Yugoslavia. On April 26, 1961, the Presidents of the Arab Republic of Egypt (Nasser) and

A
Yugoslavia (Tito) addressed the Heads of State and Government of 21 "non-Aligned" countries and suggested
that, taking recent world events and the rise of international tensions into account, a Conference should be

R
held to promote an improvement in international relations, a resistance to policies of force and a constructive
settlement of conflicts and other issues of concern in the world.

T
The Movement played an important role in the support of nations which were struggling then for their

A
independence in the Third World and showed great solidarity with the most just aspirations of humanity. It
contributed indisputably to the triumph in the struggle for national independence and decolonization, thus
gaining considerable diplomatic prestige.

B H
As one Summit after another was held in the 1960s and 1970s, "non alignment", turned already into the
"Movement of Non-Aligned Countries" that included nearly all Asian and African countries, was becoming a
forum of coordination to struggle for the respect of the economic and political rights of the developing world.
After the attainment of independence, the Conferences expressed a growing concern over economic and
social issues as well as over strictly political matters.

Something that attested to that was the launching at the Algiers Conference in 1973 of the concept of a "new
international economic order."

By the end of the 1980s, the Movement was facing the great challenge brought about by the collapse of the
socialist block. The end of the clash between the two antagonistic blocks that was the reason for its existence,
name and essence was seen by some as the beginning of the end for the Movement of Non-Aligned Countries.

The Movement of Non-Aligned Countries could not spare itself difficulties to act effectively in an adverse
international political situation marked by hegemonic positions and unipolarity as well as by internal difficulties
and conflicts given the heterogeneity of its membership and, thus, its diverse interests.

Nevertheless, and in spite of such setbacks,the principles and objectives of non-alignment retain their full
validity and force at the present international juncture. The primary condition that led to the emergence of the
Movement of Non-Aligned Countries, that is, non-alignment from antagonistic blocks, has not lost its validity
with the end of the Cold War. The demise of one of the blocks has not done away with the pressing problems of
the world. On the contrary, renewed strategic interests bent on domination grow stronger and, even, acquire
new and more dangerous dimensions for underdeveloped countries.

During the 14th Summit of the Non-Aligned Movement in Havana, Cuba in September 2006, the Heads of States
and Governments of the member countries reaffirmed their commitment to the ideals, principles and purposes
upon which the movement was founded and with the principles and purposes enshrined in the United Nations
Charter.

The Heads of States and Governments stated their firm belief that the absence of two conflicting blocs in no

A
way reduces the need to strengthen the movement as a mechanism for the political coordination of developing
countries. In this regard they acknowledged that it remains imperative to strengthen and revitalize the

N
movement. To do so, they agreed to strengthen concrete action, unity and solidarity between all its members,
based on respect for diversity, factors which are essential for the reaffirmation of the identity and capacity of

O
the movement to influence International relations.

S
They also stressed the need to promote actively a leading role for the movement in the coordination of efforts
among member states in tackling global threats.

R
Inspired by the principles and purposes which were brought to the Non-Aligned Movement by the Bandung

U
principles and during the First NAM Summit in Belgrade in 1961, the Heads of States and Governments of the
member countries of the Non-Aligned Movement adopted in their 14th Summit in Havana the following

S
purposes and principles of the movement in the present International juncture:

I. Purposes:

Nations must play.

ES
a. To promote and reinforce multilateralism and, in this regard, strengthen the central role that the United

E
b. To serve as a forum of political coordination of the developing countries to promote and defend their
common interests in the system of international relations

priorities agreed upon by consensus.

AY
c. To promote unity, solidarity and cooperation between developing countries based on shared values and

R
d. To defend international peace and security and settle all international disputes by peaceful means in
accordance with the principles and the purposes of the UN Charter and International Law.

A T
e. To encourage relations of friendship and cooperation between all nations based on the principles of
International Law, particularly those enshrined in the Charter of the United Nations.

H
f. To promote and encourage sustainable development through international cooperation and, to that end,
jointly coordinate the implementation of political strategies which strengthen and ensure the full participation

B
of all countries, rich and poor, in the international economic relations, under equal conditions and
opportunities but with differentiated responsibilities.

g. To encourage the respect, enjoyment and protection of all human rights and fundamental freedoms for all,
on the basis of the principles of universality, objectivity, impartiality and non-selectivity, avoiding politicization
of human rights issues, thus ensuring that all human rights of individuals and peoples, including the right to
development, are promoted and protected in a balanced manner.

h. To promote peaceful coexistence between nations, regardless of their political, social or economic systems.

i. To condemn all manifestations of unilateralism and attempts to exercise hegemonic domination in


international relations.

j. To coordinate actions and strategies in order to confront jointly the threats to international peace and
security, including the threats of use of force and the acts of aggression, colonialism and foreign occupation,
and other breaches of peace caused by any country or group of countries.

k. To promote the strengthening and democratization of the UN, giving the General Assembly the role granted
to it in accordance with the functions and powers outlined in the Charter and to promote the comprehensive
reform of the United Nations Security Council so that it may fulfill the role granted to it by the Charter, in a
transparent and equitable manner, as the body primarily responsible for maintaining international peace and
security.

l. To continue pursuing universal and non-discriminatory nuclear disarmament, as well as a general and
complete disarmament under strict and effective international control and in this context, to work towards the

A
objective of arriving at an agreement on a phased program for the complete elimination of nuclear weapons
within a specified framework of time to eliminate nuclear weapons, to prohibit their development, production,

N
acquisition, testing, stockpiling, transfer, use or threat of use and to provide for their destruction.

m. . To oppose and condemn the categorization of countries as good or evil based on unilateral and unjustified

O
criteria, and the adoption of a doctrine of pre-emptive attack, including attack by nuclear weapons, which is
inconsistent with international law, in particular, the international legally-binding instruments concerning

S
nuclear disarmament and to further condemn and oppose unilateral military actions, or use of force or threat
of use of force against the sovereignty, territorial integrity and independence of Non-Aligned countries.

R
n. To encourage States to conclude agreements freely arrived at, among the States of the regions concerned,

U
to establish new Nuclear Weapons-Free Zones in regions where these do not exist, in accordance with the
provisions of the Final Document of the First Special Session of the General Assembly devoted to disarmament

S
(SSOD.1) and the principles adopted by the 1999 UN Disarmament Commission, including the establishment of
a Nuclear Weapons Free Zone in the Middle East. The establishment of Nuclear Weapons-Free Zones is a

S
positive step and important measure towards strengthening global nuclear disarmament and non-
proliferation.

E
o. To promote international cooperation in the peaceful uses of nuclear energy and to facilitate access to

E
nuclear technology, equipment and material for peaceful purposes required by developing countries.

Y
p. To promote concrete initiatives of South-South cooperation and strengthen the role of NAM, in coordination
with G.77, in the re-launching of North-South cooperation, ensuring the fulfillment of the right to development

A
of our peoples, through the enhancement of international solidarity.

R
q. To respond to the challenges and to take advantage of the opportunities arising from globalization and
interdependence with creativity and a sense of identity in order to ensure its benefits to all countries,
particularly those most affected by underdevelopment and poverty, with a view to gradually reducing the

T
abysmal gap between the developed and developing countries.

A
r. To enhance the role that civil society, including NGO´s, can play at the regional and international levels in
order to promote the purposes, principles and objectives of the Movement.

II. Principles:

B H
a. Respect for the principles enshrined in the Charter of the United Nations and International Law.

b. Respect for sovereignty, sovereign equality and territorial integrity of all States.

c. Recognition of the equality of all races, religions, cultures and all nations, both big and small.

d. Promotion of a dialogue among peoples, civilizations, cultures and religions based on the respect of
religions, their symbols and values, the promotion and the consolidation of tolerance and freedom of belief.

e. Respect for and promotion of all human rights and fundamental freedoms for all, including the effective
implementation of the right of peoples to peace and development.

f. Respect for the equality of rights of States, including the inalienable right of each State to determine freely
its political, social, economic and cultural system, without any kind of interference whatsoever from any other
State.

g. Reaffirmation of the validity and relevance of the Movement’s principled positions concerning the right to
self-determination of peoples under foreign occupation and colonial or alien domination.
h. Non-interference in the internal affairs of States. No State or group of States has the right to intervene either
directly or indirectly, whatever the motive, in the internal affairs of any other State.

i. Rejection of unconstitutional change of Governments.

j. Rejection of attempts at regime change

k. Condemnation of the use of mercenaries in all situations, especially in conflict situations.

A
l. Refraining by all countries from exerting pressure or coercion on other countries, including resorting to
aggression or other acts involving the use of direct or indirect force, and the application and/or promotion of

N
any coercive unilateral measure that goes against International Law or is in any way incompatible with it, for
the purpose of coercing any other State to subordinate its sovereign rights, or to gain any benefit whatsoever.

international responsibility for the aggressor.

S O
m. Total rejection of aggression as a dangerous and serious breach of International Law, which entails

R
n. Respect for the inherent right of individual or collective self-defense, in accordance with the Charter of the
United Nations.

human rights, in accordance with the UN Charter and International Law.

SU
o. Condemnation of genocide, war crimes, crimes against humanity and systematic and gross violations of

p. Rejection of and opposition to terrorism in all its forms and manifestations, committed by whomever,

S
wherever and for whatever purposes, as it constitutes one of the most serious threats to international peace
and security. In this context, terrorism should not be equated with the legitimate struggle of peoples under

E
colonial or alien domination and foreign occupation for self-determination and national liberation.

E
q. Promotion of pacific settlement of disputes and abjuring, under any circumstances, from taking part in
coalitions, agreements or any other kind of unilateral coercive initiative in violation of the principles of

Y
International Law and the Charter of the United Nations.

A
r. Defense and consolidation of democracy, reaffirming that democracy is a universal value based on the freely
expressed will of people to determine their own political, economic, social, and cultural systems and their full

R
participation in all aspects of their life.

T
s. Promotion and defense of multilateralism and multilateral organizations as the appropriate frameworks to
resolve, through dialogue and cooperation, the problems affecting humankind.

A
t. Support to efforts by countries suffering internal conflicts to achieve peace, justice, equality and

H
development.

B
u. The duty of each State to fully and in good faith comply with the international treaties to which it is a party,
as well as to honor the commitments made in the framework of international organizations, and to live in peace
with other States. v. Peaceful settlement of all international conflicts in accordance with the Charter of the
United Nations.

w. Defense and promotion of shared interests, justice and cooperation, regardless of the differences existing
in the political, economic and social systems of the States, on the basis of mutual respect and the equality of
rights.

x. Solidarity as a fundamental component of relations among nations in all circumstances.

y. Respect for the political, economic, social and cultural diversity of countries and peoples.

The movement has succeeded to create a strong front on the International level, representing countries of the
third world in the International organizations on top of which the United Nations.

Current Challenges facing the NAM include the necessity of protecting the principles of International law,
eliminating weapons of mass destruction , combating terrorism, defending human rights, working toward
making the United Nations more effective in meeting the needs of all its member states in order to preserve
International Peace , Security and Stability, as well as realizing justice in the international economic system.

On the other hand, the long-standing goals of the Movement remain to be realized. Peace, development,
economic cooperation and the democratization of international relations, to mention just a few, are old goals of
the non-aligned countries.

A
In conclusion, The Non-Aligned Movement, faced with the goals yet to be reached and the many new
challenges that are arising, is called upon to maintain a prominent and leading role in the current International

N
relations in defense of the interests and priorities of its member states and for achievement of peace and
security for mankind.

South Asian Association for Regional Cooperation (SAARC)

S O
R
The South Asian Association for Regional Cooperation (SAARC) is an economic and political organisation of
eight countries in Southern Asia. In terms of population, its sphere of influence is the largest of any regional

U
organisation: almost 1.5 billion people, the combined population of its member states.

S
It was established on December 8, 1985 by India, Pakistan, Bangladesh, Sri Lanka, Nepal, Maldives and
Bhutan. In April 2007, at the Association's 14th summit, Afghanistan became its eighth member. In the late

S
1970s, Bangladeshi President Ziaur Rahman proposed the creation of a trade bloc consisting of South Asian
countries. The idea of regional cooperation in South Asia was again mooted in May 1980.

E
The foreign secretaries of the seven countries met for the first time in Colombo in April 1981. The Committee of

E
the Whole, which met in Colombo in August 1981, identified five broad areas for regional cooperation. New
areas of cooperation were added in the following years.

AY
The objectives of the Association as defined in the Charter are to promote the welfare of the peoples of South
Asia and to improve their quality of life:to accelerate economic growth, social progress and cultural
development in the region and to provide all individuals the opportunity to live in dignity and to realise their full

R
potential; to promote and strengthen collective self-reliance among the countries of South Asia; to contribute
to mutual trust, understanding and appreciation of one another's problems; to promote active collaboration

T
and mutual assistance in the economic, social, cultural, technical and scientific fields; to strengthen
cooperation with other developing countries; to strengthen cooperation among themselves in international

A
forums on matters of common interest; and to cooperate with international and regional organisations with
similar aims and puiposes.

H
The Declaration on South Asian Regional Cooperation was adopted by the Foreign Ministers in 1983 in New

B
Delhi. During the meeting, the Ministers also launched the Integrated Programme of Action (IPA) in nine
agreed areas, namely, Agriculture; Rural Development; Telecommunications; Meteorology; Health and
Population Activities; Transport Postal Services Science and Technology; and Sports, Arts and Culture.

The South Asian Association for Regional Cooperation (SAARC) was established when its Charter was formally
adopted on 8 December 1985 by the Heads of State or Government of Bangladesh, Bhutan, India, Maldives,
Nepal, Pakistan and Sri Lanka. Afghanistan was added to the regional grouping at the behest of India on
November 13, 2005, and became a member on April 3,2007. With the addition of Afghanistan, the total number
of member states were raised to eight (8). In April 2006, the United States of America and South Korea made
formal requests to be granted observer status.

The European Union has also indicated interest in being given observer status, and made a formal request for
the same to the SAARC Council of Ministers meeting in July 2006. On August 2, 2006 the foreign ministers of
the SAARC countries agreed in principle to grant observer status to the US, South Korea and the European
Union. On March 4, 2007, Iran requested observer status. Followed shortly by the entrance of Mauritius.

In August 1983, the ongoing process was given a political push. At the first Foreign Ministers' Conference in
New Delhi, the South Asian Regional Cooperation (S ARC) Declaration was adopted. Following this the
organisational structure of SAARC was final. Thereafter, the first summit meeting took place in Dhaka in
December 1985 and SAARC was formally launched.
The leaders decided in favour of a Council of Ministers and a Secretariat, certifying their enduring commitment
to the organisation. In February 1987, the SAARC Secretariat came into being with a secretary general and
four directors. Later- the SAARC Council of Ministers was formed consisting of the foreign ministers of
respective member states.
Organisational Structure

The New Delhi meeting of foreign ministers in 1983, the organisational structure of the SAARC assumed a
clear form and shape. It developed as a four-tier structure. At the lowest level were the Technical Committees

A
of experts and officials formulating programmes of action and organising seminars and workshops.

Next was the Standing Committee of Foreign Secretaries to review and coordinate the recommendations of

N
the Technical Committees, which was to meet at least once a year. Above this was the Foreign Ministers'
Conference, also to be held which was to meet at least once a year to grant political approval to the

O
recommendations of the Standing Committee. At the apex was the Summit Meeting to be held annually to give

S
political significance to SAARC.

The SAARC Secretariat was established in Kathmandu on January 16, 1987 and was inaugurated by Late King

R
Birendra Bir Bikram Shah of Nepal.

U
It is headed by a Secretary General appointed by the Council of Ministers from Member Countries in
alphabetical order for a three-year term.

S
He is assisted by the Professional and the General Services Staff, and also an appropriate number of

S
functional units called Divisions assigned to Directors on deputation from Member States The Secretariat
coordinates and monitors implementation of activities, prepares for and services meetings, and serves as a

E
channel of communication between the Association and its Member States as well as other regional
organisations.

Y E
The Memorandum of Understanding on the establishment of the Secretariat which was signed by Foreign
Ministers of member countries on November 17, 1986, at Bangalore, India contains various clauses
concerning the role, structure and administration of the SAARC Secretariat as well as the powers of the

A
Secretary-General.

R
In several recent meetings the heads of state or government of member states of SAARC have taken some
important decisions and bold initiatives to strengthen the organisation and to widen and deepen regional co
operation. The SAARC Secretariat and Member States observe 8 December as the SAARC Charter Day.

T
Criticism
SAARC's inability to play a crucial role in integrating South Asia is often credited the political and military

A
rivalry between India and Pakistan.
It is due to these economic, political, and territorial disputes that South Asian nations have not been able to

H
harness the benefits of a unified economy. Over the years, PARC's role in South Asia has been greatly

B
diminished and is now used as a more platform for annual talks and meetings between its members.
Politicai issues
SAARC has intentionally laid more stress on "core issues" mentioned above rather than more decisive political
issues like the Kashmir dispute and the Sri Lankan civil war. However, political dialogue is often conducted on
the margins of SAARC meetings. SAARC has also refrained itself from interfering in the internal matters of its
member states. During the 12th and 13th SAARC summits, extreme emphasis was laid upon greater
cooperation between the SAARC members to fight terrorism.
Free trade agreement
Over the years, the SAARC members have expressed their unwillingness on signing a free trade agreement.
Though India has several trade pacts with Maldives, Nepal, Bhutan and Sri Lanka, similar trade agreements with
Pakistan and Bangladesh have been stalled due to political and economic concerns on both sides. India has been
constructing a barrier across its borders with Bangladesh and Pakistan.
In 1993, SAARC countries signed an agreement to gradually lower tariffs within the region, in Dhaka. Eleven years later, at
the 12th SAARC Summit at Islamabad, SAARC countries devised the South Asia Free Trade Agreement which created a
framework for the establishment of a free trade area covering 1.4 billion people. This agreement went into force on January
1,2006. Under this agreement, SAARC members will bring their duties down to 20 per cent by 2007
CONSTITUTION OF INDIA

Constitution Of India : Constitution is the foundational law of a country which ordains the
fundamental principles on which the government (or the governance) of that country is based. It
lays down the framework and principal functions of various Organs of the government as well as
the modalities of interaction between the government and its citizens. With the exception of the
A
United Kingdom (U.K.), almost all democratic countries possess a written constitution. India also
N
O
possesses an elaborate written constitution which was enacted by a constituent assembly

S
specifically set up for the purpose.

R
Our Constitution : Our present constitution— the first Constitution of India framed and given to

U
themselves by the people of India was adopted by the Constituent Assembly on 26 November,

S
1949. It came into full operation with effect from 26 January, 1950. The Constitution as originally
adopted had 22 parts, 395 articles and 8 schedules. Its present text is as amended from time to
time.

E S
E
Evolution of Indian Constitution

Y
Although the systems of ancient India do have their reflections in the Constitution of India, the

A
direct sources of the Constitution lie in the administrative and legislative developments of the
British period. A concise and chronological description of the Acts, documents and events that

R
culminated in the framing of the world's largest written Constitution is given here.

A T
Administrative & Legislative Reforms Before 1857



H
Regulating Act of 1773

B
This Act was based on the report of a committee headed by the British Prime Minister Lord North.
Governance of the East India Company was put under British parliamentary control.
 The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta,
Bombay and Madras. Warren Hastings was the first such Governor General.
 A Supreme Court was established in Calcutta (now Kolkata ).
 Governor General was empowered to make rules, regulations and ordinances with the consent of the
Supreme Court.
Pitts India Act of 1784

 It was enacted to improve upon the provisions of Regulating Act of 1773 to bring about
better discipline in the Company's system of administration.
 A 6-member Board of Controllers was set up which was headed by a minister of the
British Government. All political responsibilities were giiven to this board.

BankExamsToday.Com Page 1
 Trade and commerce related issues were under the purview of the Court of derectors of
the company.

 Provinces had to follow the instructions of the Central. Government, and Governor
General was empowered to dismiss the failing provincial government.

Charter Act of 1793

 Main provisions of the previous Acts were consolidated in this Act.


A
N
 Provided for the payment of salaries of the members of the Board of Controllers from

O
Indian revenue.
 Courts were given the power to interpret rules and regulations.

S
R
Charter Act of 1813

U
 Trade monopoly of the East India Company came to an end.
 Powers of the three Councils of Madras, Bombay and Calcutta were enlarged, they were

S
also subjected to greater control of the British Parliament.
 The Christian Missionaries were allowed to spread their religion in India.

Charter Act of 1833


E S
Local autonomous bodies were empowered to levy taxes.

Y E
The Governor General and his Council were given vast powers. This Council could
legislate for the whole of India subject to the approval of the Board of Controllers.

A
 The Council got full powers regarding revenue, and a single budget for the country was

R
prepared by the Governor General.
 The East India Company was reduced to an administrative and political entity and several

T
Lords and Ministers were nominated as ex-officio members of the Board of Controllers.
 For the first time the Governor-General's Government was known as the 'Government of

A
India' and his Council as the 'Indian Council'.

 H
Charter Act of 1853

B
This was the last of the Charter Acts and it made important changes in the system of
Indian legislation.
 This Act followed a report of the then Governor General Dalhousie for improving the
administration of the company.
 A separate Governor for Bengal was to be appointed.
 Legislative and administrative functions of the Council were separately identified.
 Recruitment of the Company's employees was to be done through competitive exams.
 British Parliament was empowered to put Company's governance of India to an end at any
suitable time.

Administrative & 'Legislative Reforms After 1857


BankExamsToday.Com Page 2
Government of India Act, 1858

 British Crown decided to assume sovereignty over India from the East India Company in
an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by
the British historians and remembered as the First War of Independence by the Indians.
 The first statute for the governance of India, under the direct rule of the British
Government, was the Government of India Act, 1858.
 It provided for absolute (British) imperial control over India without any popular

A
participation in the administration of the country.
 The powers of the crown were to be exercised by the Secretary of. State for India,
assisted by a council of fifteen members, known as the Council of India.
N
O
 The country was divided into provinces headed by a Governor or Lieutenant-Governor
aided by his Executive Council.

S
The Provincial Governments had to function under the superintendence, direction and

R
control of the Governor-General in all matters.
 All the authority for the governance of India was vested in the Governor- General in


Council who was responsible to the Secretary of State.

SU
The Secretary of State was ultimately responsible to the British Parliament.

S
Indian Councils Act, 1861

E
 This is an important landmark in the constitutional history of India. By this Act, the powers

E
of the crown were to be exercised by the Secretary of State for India, assisted by a council
of fifteen members (known as the Council of India). The Secretary of State, who was

Y
responsible to the British Parliament, governed India through the Governor General,

A
assisted by an Executive council.
 This Act enabled the Governor General to associate representatives of the Indian people


R
with the work of legislation by nominating them to his expanded council.
This Act provided that the Governor General's Executive Council should include certain

A T
additional non-official members also while transacting legislative business as a Legislative
Council. But this Legislative Council was neither representative nor deliberative in any

H
sense.
 It decentralised the legislative powers of the Governor General's Council and vested them

B
in the Governments of Bombay and Madras.

Indian Councils Act, 1892

 The non-official members of the Indian Legislative Council were to be nominated by the
Bengal Chamber of Commerce and the Provincial Legislative Councils while the non-
official members of the Provincial Councils were to be nominated by certain local bodies
such as universities, district boards, municipalities, zamindars etc.
 The Councils were to have the power of discussing the Budget and addressing questions
to the Executive.

Morley-Minto Reforms and the Indian Councils Act, 1909

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 Reforms recommended by the then Secretary of States for India (Lord Morley) and the
Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.
 The maximum number of additional members of the Indian Legislative Council (Governor-
General's Council) was raised from 16 (under the Act of 1892) to 60 (excluding the
Executive Councillors).
 The size of Provincial Legislative Councils was enlarged by including elected non-official
members so that the official majority was gone.
 An element of election was also introduced in the Legislative Council at the centre also but

A
here the official majority there was maintained.

N
 The Legislative Councils were empowered to move resolutions on the Budget, and on any
matter of public interest, except certain specified subjects, such as the Armed forces,

O
Foreign Affairs and the Indian States.

S
 It provided, for the first time, for separate representation of the Muslim community and
thus sowed the seeds of separatism.

R
U
The Government of India Act, 1915

S
 This act was passed to consolidate the provisions of the preceding Government of India
Acts.


E S
Montague-Chelmsford Report and the Government of India Act, 1919

The then Secretary of State for India Mr. E.S. Montagu and the Governor General Lord

E
Chelmsford formulated proposals for the Government of India Act, 1919.

Y
 Responsible Government in the Provinces was to be introduced, without impairing the
responsibility of the Governor (through the Governor General), for the administration of the

A
Province, by resorting to device known as 'Dyarchy' or dual government.

R
 The subjects of administration were to be divided into two categories Central and
Provincial.

T
 Central subjects were those which were exclusively kept under the control of the Central

A
Government.
 The provincial subjects were sub-divided into 'transferred' and 'reserved' subjects.

B H
The 'transferred subjects' were to be administered by the Governor with the aid of
Ministers responsible to the Legislative Council in which the proportion of elected
members was raised to 70 percent.
 The 'reserved subjects' were to tie administered by the Governor and his Executive
Council with no responsibility to the Legislature.
 The previous Central control over the provinces in administrative, legislative and financial
natters was relaxed. Sources of revenue were divided into two categories so that the
provinces could run the administration ‘Avith the revenue raised by the provinces
themselves.
 The political budget was separated from the central budget.

 The provincial legislature was empowered to present its own budget and levy its own
taxes relating to the provincial sources of revenue.
BankExamsToday.Com Page 4
 The Central legislatiire, retained power to legislate for the whole country on any subject.
 The control of the Governor General over provincial legislation was retained by providing
that a Provincial Bill, even though assented to by the Governor, would become law only
when assented to also by the governor General.
 The Governor was empowered to reserve a Bill for the consideration of the Governor
General if it was related to -tonic' specified matters.
 The Governor general in Council continued to remain responsible only to the British
Parliament through the Secretary of State for India.

A
 The Indian Legislature was made more representative and, for the first time 'bi-cameral'.

N
 The Upper I louse was named the Council of State. This was composed of 60 members of
whom 34 were elected.

O
 The Lower House was named the Legislative Assembly. This was composed of about 144

S
members of whom 104 were elected.
 The electorates were arranged on a communal and sectional basis, developing the
Morley-Minto device further.
R
U
 The Governor General's overriding powers in respect of Central legislation were retained
as follows :

S
His prior sanction was required to introduce Bills relating to certain matters;

S
 he had the power to veto or reserve for consideration of the Crown any Bill passed by the
Indian Legislature;

E
 he had the converse power of certifying Bill or any grant refused by the Legislature;

E
 he could make Ordinances, in case of emergency.

Simon Commission
AY

R
This commission, headed by Sir John Simon, constituted in 1927 to inquire into the

T
working of the Act of 1919, placed its report in 1930. The report was examined by the
British Parliament and the Government of India Bill was drafted accordingly.

A
H
The Government of India Act, 1935

B
 The Act of 1935 prescribed a federation, taking the Provinces and the Indian States
(native states) as units.
 It was optional for the Indian States to join the Federation, and since they never joined, the
Federation never came into being.
 The Act divided legislative powers between the Centre and Provinces.

 The executive authority of a Province was also exercised by a Governor on behalf of the
Crown and not as a subordinate of the Governor General.
 The Governor was required to act xv th the advice of Ministers responsible to the
Legislature.

BankExamsToday.Com Page 5
 In certain matters, the Governor was required to act 'in his discretion' without ministerial
advice and under the control and directions of the Governor General, and, through him, of
the Secretary of State.
 The executive authority of the Centre was vested in the Governor General (on behalf of
the Crown).
 Counsellors or Council of Ministers responsible to the Legislature was not appointed
although such provisions existed in the Act of 1935.
 The Central Legislature was hi-cameral, consisting of the Federal Assembly and the

A
Council of State.

N
 In six provinces, the legislature was bi-cameral, comprising a Legislative Assembly and a
Legislative Council. In other provinces, the Legislature was uni-cameral.

O
 Apart from the Governor General's power of veto, a Bill passed by the Central Legislature

S
was also subject to veto by the Crown.
 The Governor General could prevent discussion in the Legislature and suspend the

R
proceedings on any Bill if he was satisfied that it would affect the discharge of his special

U
responsibilities.
 The Governor General had independent powers of legislation, concurrently with those of


the Legislature.
S
On some subjects no bill or amendment could be introduced in the Legislature without the


Governor-General's previous sanction.

E S
A three-fold division in the Act of 1935 There was a Federal List over which the Federal

E
Legislature had exclusive powers of legislation. There was a Provincial. List of matters
over which the Provincial Legislature had exclusive jurisdiction. There was a Concurrent


Y
List also over which both the Federal and Provincial Legislature had competence.

A
The Governor-General was empowered to authorise either the Federal or the Provincial
Legislature to enact a law with respect to any matter which was not enumerated in the

R
above noted Legislative Lists.

T
 Dominion Status, which was promised by the Simon Commission in 1929, was not
conferred by the Government of India Act, 1935.

A
Cripps Mission


B H
In March 1942, Sir Stafford Cripps, a member of the British cabinet came with a draft
declaration on the proposals of the British Government.
 These proposals were to be adopted at the end of the Second World War provided the
Congress and the Muslim League could accept them.
 According to the proposals
 A ) The Constitution of India was to be framed by an elected ConstituentAssembly by the
Indian people.
 B ) The Constitution should give India Dominion Status.
 C ) There should be one Indian Union comprising all the Provinces and Indian States;
 D ) Any Province (or Indian State) not accepting the Constitution would be free to retain its
constitutional position existing at that time and with such non-acceding Provinces the
British Government could enter into separate Constitutional arrangements.
BankExamsToday.Com Page 6
Cabinet Mission Plan

 In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet
Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
 The object of the Mission was to help India achieve its independence as early as possible,
and to set up a Constituent Assembly.
 The Cabinet Mission rejected the claim for a separate Constituent Assembly and a
separate State for the Muslim.

A
 According to Cabinet Mission Plan there was to be a Union of India, comprising both.
British India and the States, and having jurisdiction over the subjects of Foreign Affairs,

N
Defence and Communication. All residuary powers were to be vested in the Provinces and

O
the States.
 The Union was to have an Executive and a Legislature consisting of representatives of the
Provinces and the States.
S
R
 Any decision involving a major communal issue in the legislature was to require a majority
support of representatives of each of the two major communities present and voting as


well as a majority of all the members present and voting.

SU
The provinces could form groups with executives and legislatures, and each group could
be competent to determine the provincial subjects.

The Mountbatten Plan

E S
E
 The plan for transfer of power to the Indians and partition of the country was laid down in
the Mountbatten Plan.

Y
 It was given a formal shape by a statement made by the British Government on 3rd June,

A
1947.

R
The Indian Independence Act, 1947 of the British Parliament

T
 In pursuance of this Act, the Government of India Act, 1935, was amended by the
Adaptation Orders, both. in India and Pakistan, for setting up an interim Constituent

A
Assembly to draw up the future Constitution of the country.


B H
From the 15th August, 1947 India ceased to be a Dependency, and the suzerainty of the
British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from
that date.
 The office of the Secretary of State for India was abolished.
 The Governor-General and the Governors lost extraordinary powers of legislations to
compete with the Legislature.
 The Central Legislature of India, composed of the Legislative Assembly and the Council of
States, ceased to exist on August 14, 1947.
 The Constituent Assembly itself was to function also as the Central Legislature with
complete sovereignty.

Constituent Assembly and Making of the Constitution

Page 7
 The Cabinet Mission envisaged the establishment of a Constituent Assembly to frame a
Constitution for the country. Members of the Constituent Assembly were elected by the
Provincial Legislative Assemblies.
 Each Province and each Indian State were allotted seats in proportion of its population,
roughly in the ratio of one to a million. The seats so ascertained were distributed among
the main communities in each Province. The main communities recognised were Sikh,
Muslim and General.

A
Important Committees of the Constituent Assembly and their Chairman

N
Chairman Name of the Committee
Committee on the Rules of Procedure Dr. Rajendra Prasad

O
steering Committee Dr. Rajendra Prasad

S
Finance and Staff Committee Pt. Jawaharlal Nehru
Ad Hoc Committee on the National Flag Pt. Jawaharlal Nehru

R
Union power Committee Pt. Jawaharlal Nehru
State Committee Sardar vallabh bhai patel

U
Drafting committee B.R. Ambedkar

S
Advisory Committee on Fundamental Sardar vallabh bhai patel
Credential Committee Alladi Krishnaswami Ayyar
House Committee B.Pattabhi Sitaramayya
Order of Business Committee
Minorities Sub-Committee
Excluded and Partially Excluded Areas
E S K. M. Munshi
H.C. Mookherjee
A. V. Thakkar


Y E
The total number of members of the Constituent Assembly was 385, of whom 93 were

A
representatives from the Indian States and 292 from the Provinces (British India).

R
 After the partition of India number of members of the Constituent Assembly came to 299,
of whom 284 were actually present on the 26th November, 1949 and signed on the finally

T
approved Constitution of India. The Constituent Assembly, which had been elected for
undivided India, held its first meeting on December 9,1946, and reassembled on August

A
14, 1947, as the sovereign Constituent Assembly for the dominion of India.


B H
It took two years, eleven months and eighteen days for the Constituent Assembly to
finalise the Constitution.

 Objective Resolution was moved in the first session of the Constituent Assembly ( on 13
December, 1946 ) by Pandit Jawaharlal Nehru which was adopted after considerable
deliberation and debate in the Assembly on 22 January, 1947. The following objectives
were embodied in the resolution
 To foster unity of the Nation and to ensure its economic and political security, to have a
written Constitution, and to proclaim India as a Sovereign Democratic Republic.
 To have a federal form of Government with the distribution of powers between the centre
and states.

Page 8
 To guarantee and secure justice, equality, freedom of thought, expression, belief, faith,
worship, vocation, association and action to all the people of India.
 To provide adequate safeguards for minorities, backward and tribal areas and depressed
and other backward classes.
 To maintain the integrity of the territory of the republic and its sovereign rights on land, sea
and air according to justice and the law of civilised nations.
 To attain rightful and honoured place in the world and make its full and willing contribution
to the promotion of the world peace and the welfare of mankind.

A
 The principles of the Constitution were outlined by various committees of the Assembly,

N
and there was a general discussion on the reports of these Committees. The Assembly
appointed the Drafting Committee with Dr. B.R. Ambedkar as the Chairman on August 29,

O
1947.

S
 The Drafting Committee, headed by Dr. B.R.Ambedkar, submitted a Draft constitution of
India to the President of the assembly on 21 February 1948.

R
The members of Drafting Committee were N. Gopalaswamy Ayyangar, Alladi

U
Krishnaswamy Ayyar, K.M. Munshi, Mohd. Saadullah, B.L. Mitter (later replaced by N.
Madhava Rao), Dr. D.P. Khaitan (replaced on death by T.T. Krishnamachari).

S
The third and final reading of the draft was completed on November 26, 1949. On this
date, the signature of the President of the Assembly was appended to it and the


Constitution was declared as passed.

E S
The provisions relating to citizenship, elections and provisional Parliament etc. were

E
implemented with immediate effect, that is, from the 26th November, 1949. The rest of the
provisions of the constitution came into force on January 26, 1950 and this date is referred

Y
to in the Constitution as the date of its commencement.

A
R
Different Sources of the Indian Constitution

A T
Although the skeleton of the constitution was derived from the Government of India Act
1935, many provisions were imported from other constitutions of the world. Some of them

H
are listed below along with the Government of India Act, 1935 :

B
Government of India Act, 1935 : This Act formed the basis or 'blueprint' of the consititution of
India with the features of Federal system, office of Governor, emergency powers etc. Besides,
the Constitution of India has borrowed from the

Constitution of Britain : Law making procedures, Rule of law, Single citizenship, Bi-cameral
Parliamentary system, office of CAG.

Constitution of USA : Independence of judiciary, judicial review, fundamental rights , removal of


Supreme Court and High Court judges, Preamble and functions of President and Vice-president.

Page 9
Constitution of Canada : Federation with strong Centre, to provide residuary powers to the
Centre, Supreme Court's advisory jurisdiction.

Constitution of Ireland : Directive Principles of State policy, method of presidential elections, and
the nomination of members to Rajya Sabha by the President.

Constitution of Germany : Provisions concerning the suspension of fundamental rights during


A
N
emergency.

SO
Constitution of Australia : Idea of the Concurrent List, Trade and Commerce provisions.

R
Important Articles of the Constitution

Articles Subject
SU
Part I

Part II Citizenship (Art. 5-11)


E S
The Union and its territory. (Art. 1-4 )

Part III Fundamental Rights

Y E
A
Art. 12 Definition

R
Art. 13 Laws inconsistent with or in derogation of the fundamental rights

Right to Equality

A T
H
Art. 14 Equality before law

B
Art. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Art. 16 Equality of opportunity in matters of public employment

Art. 17 Abolition of untouchability

Art. 18 Abolition of titles

Right to Freedom

Art. 19 Protection of certain rights regarding freedom of speech, etc.

Art. 20 Protection in respect of conviction for offences

BankExamsToday.Com Page 10
Art. 21 Protection of life and personal liberty

21A. Right to education

Art. 22 Protection against arrest and detention in certain cases

Right against Exploitation

A
Art. 23 Prohibition of traffic in human beings and forced labour

N
Art. 24 Prohibition of employment of children in factories, etc.

Right to Freedom of Religion.


SO
R
Art. 25 Freedom of conscience and free profession, practice and propagation of religion

Art. 26 Freedom to manage religious affairs

SU
Art. 27 Freedom as to payment of taxes for promotion of any particular religion

E S
Art. 28 Freedom as to attendance at religious instruction or religious worship in certain
educational institutions Cultural and Educational Rights

Art, 29 Protection of interests of minorities

Y E
Art. 30 Right of minorities to establish and administer educational institutions

Saving of certain Laws


A
R
Art. 31A Saving of laws providing for acquisition of estates, etc.

A T
Art. 31B Validation of certain Acts and Regulations

Art. 31C Saving of laws giving effect to certain directive principles

B H
Right to Constitutional Remedies

Art. 32 Remedies for enforcement of rights conferred by this Part

Art. 33 Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.

Art 34 Restriction on rights conferred by this Part while martial law is in force in any area

Art. 35 Legislation to give effect to the provisions of this Part

Part IV Directive Principles of State Policy

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Art. 36 Definition

Art. 37 Application of the principles contained in this Part

Art. 38 State to secure a social order for the promotion of welfare of the people

Art. 39 Certain principles of policy to be followed by the State

Art. 39A Equal justice and free legal aid

A
Art. 40 Organisation of village panchayats

N
Art. 41 Right to work, to education and to public assistance in certain cases

O
Art. 42 Provision for just and humane conditions of work and maternity relief

Art. 43 Living wage, etc. for workers


S
Art. 43A Participation of workers in management of industries
R
SU
Art. 43B The State shall endeavour to promote voluntary formation, autonomous functioning,
democratic control and professional management of co-operative societies.

S
Art. 44 Uniform civil code for the citizens

E
Art. 45 Provision for early childhood care and education to children below the age of six years

and other weaker sections

Y E
Art. 46 Promotion of educational and economic interest of Scheduled Castes, Scheduled Tribes

A
Art. 47 Duty of the State to raise the level of nutrition and the standard of living and to improve

R
public health

Art. 48 Organisation of agriculture and animal husbandry

A T
Art. 48A Protection and improvement of environment and safeguarding of forests and wild life

H
Art. 49 Protection of monuments and places and objects of national importance

B
Art. 50 Separation of judiciary from executive

Art. 51 Promotion of international peace and security

Part IVA Art. 51A Fundamental Duties


Part V The Union

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Chapter-1 : The Executive

Art. 52 The President of India

Art. 53 Executive power of the Union

Art. 54 Election of President

Art. 61 Procedure for impeachment of the President

A
Art. 63 The Vice-President of India

N
Art. 64 The Vice-President to he ex-officio Chairman of the Council of States

O
Art. 65 The Vice-President to act as President or to discharge his functions during casual

S
vacancies in the office, or during the absence of President

R
Art. 66 Election of Vice-President

U
Art. 72 Power of President to grant pardons, etc. and to suspend, remit or commute sentences in

S
certain cases

Art. 74 Council of Ministers to aid and advise President

Art. 76 Attorney-General for India

E S
Chapter-II : Parliament

Y E
A
Art. 79 Constitution of Parliament

R
Art. 80 Composition of the Council of States (Rajya Sabha)

T
Art. 81 Composition of the House of the People (Lok Sabha)

A
Art. 83 Duration of Houses of Parliament

B H
Art. 84 Qualification for membership of Parliament

Art. 85 Sessions of Parliament, prorogation and dissolution

Art. 86 Right of President to address and send messages to Houses

Art. 87 Special address by the President

Art. 88 Rights of Ministers and Attorney General as respects Houses

Art. 89 The Chairman and Deputy Chairman of the Council of States

Art. 90 Vacation and resignation of, and removal from, the office of Deputy Chairman

Art. 93 1 he Speaker and Deputy Speaker of the h -louse of the People

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Art. 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker

Art. 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to
act as, Speaker

Art. 98 Secretariat of Parliament

Art. 99 Oath or affirmation by members

Art. 10O Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
A
Art. 105 Powers, privileges, etc. of the I lousec; of Parliament and of the members and
N
O
committees thereof

S
Art. 106 Salaries and allowances of members

Art. 107 Provisions as to introduction and passing of Bills


R
Art. 108 Joint sitting of both Houses in certain cases

Art. 109 Special procedure in respect of Money Bills


SU
Art_ 110 Definition of "Money Bills"

Art 111 Assent to Bills


E S
Y E
A
Art. 112 Annual financial statement (Budget)

R
Art 113 Procedure in Parliament with respect to estimates

Art. 114 Appropriation Bills

A T
Art. 115 Supplementary, additional or excess grants

H
Art. 116 Votes on account, votes of credit and exceptional grants

B
Art. 117 Special provisions as to financial Bills

Art. 118 Rules of procedure

Art. 119 Regulation by law of procedure in Parliament in relation to financial business

Art. 120 Language to be used in Parliament

Art. 121 Restriction on discussion in Parliament

Art. 122 Courtsnot to inqui re into proceedings of Parliament

Chapter III : Legislative Powers of the President

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Art. 123 Power of President to promulgate Ordinances during recess of Parliament

Chapter IV : The Union Judiciary

A
Art. 124 Establishment and Constitution of Supreme Court

N
Art. 125 Salaries, etc. of Judges

O
Art. 126 Appointment of acting Chief Justice

Art. 127 Appointment of ad hocJudges


S
Art. 128 Attendence of retired Judge at sittings of the Supreme Court
R
Art. 129 Supreme Court to he a Court of record

Art. 130 Seat of Supreme Court


SU
Art. 131 Original jurisdiction of Supreme Court

E S
Art. 132 Appellate jurisdiction of Supreme

Y E
A
Art. 133 Appellate jurisdiction of Supreme Court in appeals tram High Court in regard to civil
matters

R
T
Art. 134 Appellate jurisdicition of Supreme Court in regard to criminal matters

A
B H
Art. 136 Special leave to appeal by the Supreme Court

Art. 137 Review of judgements or orders by the Supreme Court

Art. 138 Enlargement of the jurisdiction of the Supreme Court

Art. 141 Law declared kiv Supreme Court to be binding on all Courts

Art. 143 Power of Pre,Nident to consult Supreme Court

Art. 144 Civil and judicial authorities to act in aid of the Supreme Court

Chapter- V Comptroller and Auditor-General of India

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Art. 148 Comptroller and Auditor-General of India

Art. 149 Duties and powers of the Comptroller and Auditor-General

Part VI The States

Art. 152-237 The Government at the State level : The Executive, he State Legislature, The High

A
Courts and Subordinate Courts

N
Part VIII Art. 239-241 The Union Territories

O
Part IX Art. 243 to 243-0 The Panchayats

S
Part IXA Art. 243-P to 243-ZG The Municipalities

R
Part IXB Art. 243-ZH to 243-ZT The Co-operative Societies

U
Part X Art. 244-244A The Scheduled and Tribal Areas

S
Part XI Art. 245-263 Relations between. The Union and the States

S
Part XII Art. 264-300 Finance, property, contracts and suits;Distribution of revenue between

E
Union and States; Finance Commission; Borrowing, Property, Contracts, Rights, Liabilities,
Obligations and Suits

Art. 300A Right to Property

Y E
A
Part XIII Art. 301-307 Trade, commerce and intercourse within India

R
Part XIV Services Under The Union and The States

Art. 309 Recruitment and conditions of service of persons serving the Union or a State

A T
Art. 310 Tenure of office of persons serving the Union or a State

H
Art. 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the
Union or a State

B
Art. 312 All-India Services

Art. 315 Public Service Commissions for the Union and for the States

Art. 316 Appointment and term of office of members

Art. 317 Removal and suspension of a member of a Public Service Commission

Art. 318 Power to make regulations as to conditions of service of members and staff of the
Commission

Art. 320 Functions of Public Service Commissions

Art. 321 Power to extend functions of Public Service Commissions

BankExamsToday.Com Page 16
Art. 323 Reports of Public Service Commissions

Part XVI ART. 330 - 342 SPECIAL PROVISION FOR CERTAIN CLASSES

PART XVII ART 343 - 351 OFFICIAL LANGUAGE

PART XVIII ART 352- 360 EMERGENCY PROVISION

Part XXI Art. 369-392 Temporary, Transitional and Special Provisions Special status of States

A
Part XXII Art. 393-395 Short Title, Commencement, Authoritative text in Hindi and Repeals

N
O
Some important Amendments of the Constitution


S
1st Constitutional Amendment Act, 1951 : This amendment added Article, 15(4) and

R
Article, 19(6) and brought changes in the right to private property in pursuance with the

U
decision of. Supreme Court concerning fundamental rights. Ninth schedule to the
Constitution was also added by It.

S
S
 7th Constitutional Amendment Act, 1956 : Through this amendment the implementation of

E
State Reorganisation Act, was made possible. The categorisation of States into Part A,
Part B and Part C ceased henceforth. Part C states were redesignated as Union

Y E
Territories. The seats in the Rajya Sabha and in the Union. and State Legislatures were
reallocated. It also effected changes regarding appointment of additional and acting

A
judges, High Courts and their jurisdictions etc.


R
10th Constitutional Amendment Act, 1961 : Incorporated Dadra and Nagar Haven as
Union Territory.

A T

B H
12th Constitutional Amendment Act, 1962 : Inclusion of territories of Goa, Daman and Diu
into the Indian Union.

 13th Constitutional Amendment Act, 1962 : Insertion of Art. 371 A to make special
provisions for the administration of the State of Nagaland.

 14th Constitutional Amendment Act, 1962 : Pondicherry, Ka raikal, Mahe and Yenam, the
former French territories, were specified in the Constitution as the Union Tc rritory of
Pondicherry (now Puducherry). Enabled the UTsot Himachal Pradesh, Manipur, Tripura,
Goa, Daman and Diu and Pondicherry to have Legislatures and Council of Ministers.

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 15th Constitutional 1 Amendment Act, 1963 • It raised the age of retirement of a High
Court Judge from 60 to 62. Extended the jurisdiction of a High Court to issue writs under
Art. 226 to a Government or authority situated Outside its territorial jurisdiction where the
cause of action arises such jurisdiction.

A
 19th Constitutional Amendment Act, 1066 : Art. 324 was amended to clarify the duties of
the Election Commission. It deprived the Election Commission of the power to appoint

N
election tribunals for deciding election disputes of members of Parliament and State

O
Legislatures.

S
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 21st Constitutional Amendment Act, 1967 : Sindhi language was included as 15th regional

U
language in the Eighth Schedule.

S
S
 24th Constitutional Amendment Act, 1971 : It was a retaliatory act of the Parliament to
neutralise the effect of the judgement in Golak. Nath Case. It affirmed the parliament's

E
power to amend any part of the Constitution, including Fundamental Rights by amending

E
Arts. 368 and 13. It made obligatory for the President to give assent to Amendment Bills,
when they' are presented to him/ her.

AY
R
 25thConstitutionalAmendmentAct,1971 (cameinto force on20.04.1972): It restricted the
jurisdiction of the Courts over acquisition laws with regard to adequacy of Compensation.

T
This amendment came primarily in the wake of Bank Nationalisation case and the word

A
'amount' was substituted in place of 'compensation' in Article 31. It also provided that no
law passed by the State to give effect to Directive Principles specified under clauses (b)

H
and (c) of Art. 39 can be declared void on the ground that it was inconsistent with

B
Fundamental Rights conferred by Arts. 14, 19 and 31.

 26th Constitutional Amendment Act, 1971 : This amendment withdrew the recognition to
the rulers of Princely States and their privy purses were abolished.

 30th Constitutional Amendment Act, 1972 (w.e.f. 27.02.1973) : It provided that only such
appeals can be brought to the Supreme Court which involve a substantial question of law.
The valuation aspect of Rs. 20,000 for appeals in civil cases to the Supreme Court was
abolished.

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 31st Constitutional Amendment Act, 1973 : By this amendment, the seats of the Lok
Sabha was increased from 525 to 545 but reduced the representation of UTs in Lok
Sabha from 25 to 20. Vith mstitutional Amendment Act, 1974 (w.e.f. 01.03.1975) :
Accorded status of Associate State to Sikkim by ending its protectorate kingdom status
which was a novel concept introduced in the Constitution. Ihth Constitutional. AmenUment
Act, 1975 : Made Sikkim a full fledged State of the Union of India.


A
38th Constitutional Amendment Act, 1975 : Clarified that declaration of emergency by the

N
President and promulgation of Ordinance by the President or Governor cannot be
challenged in any Court On any ground. Constitutional Amendment Act, 1975 The

O
disputes or questions regarding elections of President, Vice-President Prime Minister and

S
Speaker

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U
 43rd Constitutional Amendment Act, 1977 (w.e.f. 13.04.1978) : The 43rd Amendment

S
omitted many articles inserted by 42nd Amendment. It restored the jurisdicition of the
Supreme Court and the High Courts, which had been curtailed under the 42nd

S
Amendment.

EE
44th Constitutional Amendment Act, 1978 (w.e.f June-September, 1979) : The

Y
amendment was brought by the Janata Party Government which repealed some of the
changes effected by 42nd Amendment, omitted a few and provided alterations. Right to

A
property was taken away from the list of Fundamental Rights and placed in a new Art.

R
300A as an ordinary legal right. Constitutionality of the Proclamation of Emergency by the
President could be questioned in a court on the ground of malafide (42nd Amendment had

T
made it immune from judicial review). It brought the revocation of a Proclamation under

A
Parliamentary control. In Article 352 regarding National Emergency, the words ' internal
disturbance' were substituted by th.e words 'armed rebellion'. It authorised the President

H
to refer back the advice to the Council of Ministers for reconsideration, but made it binding

B
for the President to act on the reconsidered advice. The power of the Courts to decide
disputes regarding election of Prime Minister and Speaker was restored. Constitutional
protection on publication of proceedings of Parliament and State Legislatures was
provided.

 52nd Constitutional. Amendment Act, 1985 : This amendment was brought about during
Rajiv Gandhi regime with a view to put an end to political defections. It added Tenth
Schedule to the Constitution containing the modes for disqualification in case of defection
from the Parliament or State Legislature.

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 55th Constitutional Amendment Act, 1986 (w.e.f. 20.02.1987) : The formation of
Arunachal. Pradesh took place with special powers given to th.e Governor. It also
provided for a 30-member State Assembly.

 56th. ConstitutionalAmendment Act, 1987 :Goa was made a full fledged State with a State
Assembly but Daman and Diu stayed as UT.

A
N
 61st Constitutional Amendment Act, 1988 (w.e.f. 28.03.1989) : It brought about an

O
amendment to Article 326 for the reduction of voting age from 21 to 18 years .

S
R
 62nd Constitutional Amendment Act, 1989 : It increased the period of reservation of seats
provided to the Scheduled Castes and Scheduled Tribes for another 10 years i.e. upto

SU
2000 A.D. The reservation for Anglo-Indians through nomination in case of their
inadequate representation, was also extended upto 2000 A.D.

E S
65th Constitutional AmendmentAct, 1990 (w.e.f. 12.03.1992) : A National Commission for

E
Scheduled Castes and Scheduled Tribes with wide powers was provided to take care of
the cause of SCs / STs.

AY
R
 66th Constitutional Amendment Act, 1990 : This amendment provided for the inclusion of
55 new land reform Acts passed by the States into the Ninth Schedule.


A T
69th Constitutional Amendment Act, 1991 (w.e.f. 01.02.1992) : Arts. 239- AA and 239-AB

H
were inserted in the Constitution to provide a National Capital Territory designation to

B
Union Territory of Delhi with a legislative Assembly and Council of Ministers.

 70th Constitutional Amendment Act, 1992 : Altered Art. 54 and 368 to include members of
legislative assemblies of Union Territories of Delhi and Pondicherry in the electoral college
for the election of the President.

 71st Constitutional Amendment Act, 1992 : It included Manipuri, Konkani and Nepalese
languages in the 8th Schedule.

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 73rd Constitutional Amendment Act, 1992 (w.e.f. 24.04.1993) The institution of Panchayati
Raj received Constitutional guarantee, status and legitimacy . Xith Schedule was added to
deal with it. It also inserted part Ix, containing Arts, 243, 243A to 2430.

 74th Constitutional Amendment Act, 1.992 (w.e.f. 01.06.1993) : Provided for consti tutional
sanctity to Municipalities by inserting Part IX-A, containing Arts. 243P to 2432G and the
XIIth Schedule which deals with the itemsconcerning Municipalities.
A
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added to Art.16 which authorised the State to make provisions

SO
77th. Constitutional Amendment Act, 1995 : By this amendment a new CLASs 4A WAS


R
79th Constitutional Amendment Act, 1999 Amended Art. 334 to extend the reservation of

U
seats for SCs/STs and Anglo-Indians in the Lok Sabha and in the State Legislative

S
Assemblies upto 60 years from the commencement of the Constitution (i.e., till 201()).

S
 80th Constitutional Amendment Act, 2000 Amended Art. 269 and Commission. This
amendment was deemed to have come into substituted a new Article for Art. 270 and

EE
abolished Art. 272 of (THe Constitution. This was based on the recommendation of the
Tenth Finance from 1 st April 1996. The Amendment widened the scope of the Central

Y
taxes and duties on the consignment of goods levied by the Government of India and
distributed among States.

A
 81st Constitutional Amendment Act, 2000 : Amended Art. 16(1) of the Constitution and

R
added a new clause (4-B) after clause (4-A) to Art. 16(1) of the Constitution. The new
clause (4-B) ends the 50% ceiling on reservation for Scheduled Caste and Scheduled

T
Tribes and other Backward Classes in backlog vacancies.


A
82nd Constitutional Amendment Act, 2000 : This amendment restored the relaxation in

H
qualifying marks and standards of evaluation in both job reservation and promotions to

B
Scheduled Castes and Scheduled Tribes which was set aside by a Supreme Court's
judgement in 1996.

 84th Constitutional Amendment Act, 2001 (w.e.f. 21.02.2002) : This amendment provided
that till the publication of the relevent figures of the first census after 2026 the
ascertainment of the population of a State for following purposes shall be made on the
basis of the census shown against each of them : Election of the President under Art. 55
1971 census. Allotment of seats to each State in I ok Sabha — 1971 census.
Division of State into territorial Lok Sabha constituencies - 1991 census. Composition of
Legislative Assemblies under Art. 170 1991 census. Reservation of seats for SC / ST in
the Lok Sabha under Art. 330 1991 census

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 85th Constitutional Amendment Act, 2001 : It amended clause (4- The amendment
provided for 'consequential seniority' to the SCOSTs With A) of Art. 16 and substituted the
words "in matters of promotion, consequential seniority, to any class" for the words "in
matter of promotion to any class"for promotion in government service.

 86th Constitutional Amendment Act, 2002 : Added a new Art. 21A Art. 21 which makes
the right of education for children of the age of 6 to 14 years

A
 89th Constitutional Amendment Act, 2003 : Provided for the establishment of a separate

N
National Commission for Scheduled Tribes by bifurcat- ing the existing National
Commission for Scheduled Castes and Scheduled Tribes. The commission shall consist

O
of a Chairman, Vice-Chairman and three other members. They shall be appointed by the

S
President of India.

R
 90th Constitutional Amendment Act, 2003 : This amendment was necessitated due to

U
creation of Bodoland Territorial Areas District within the State of Assam by agreement
reached between the Centre and Bodo repre- sentatives for solving Bodoland problem. It

S
stated that the representation of Scheduled Tribes and non-Scheduled Tribes in the
Constitution of the Bodoland Territorial Areas District shall he maintained. It meant that the

S
representation of the above categories shall remain the same as existed prior to the

E
creation of Bodoland Territorial Areas District.

Y E
91st Constitutional. Amendment Act, 2003 (w.e.f. 01.01.2004) : This amendment limits the
size of Ministries at the Centre and in States.According to new Clause (1-A) the total

A
number of Ministers, including the Prime Minister in the Union Council of Ministers or
Chief Minister in the State Lagislative Assemblies shall not exceed 15 per cent of the total

R
members of the Lok Sabha in the Centre or Vidhan Sabha in the states. The new Clause
(1-B) of Article 75 provides that a member of either House of Parliament belonging to any

A T
political party who is disqualified for being member of that house on the ground of
defection shall also he disqualified to be appointed as a minister under Clause (1) of Art.
75 and 164 until he is again elected. However, the number of Ministers, including, the

and Goa).

B H
Chief Minister in a State shall not be less than 12 (in smaller States like Sikkim, Mizoram

 92nd Constitutional AmendmentAct, 2003 (w.e. f. 07.01.2004): It amended the Eighth


Schedule of the Constitution and has inserted 4 new languages in it, namely Bodo, Dogri,
Maithili and Santhali. After this amendment the total number of constitutionally recognised
official languages has become 22.

 93rd onstitutional Amendment Act, 2005 (w.e.f. 20.01.2006) : Provided reservation in


admissions in private unaided educational institutions far students belonging to scheduled
castes/ tribes and other backward classes

FEATURES OF INDIAN CONSTITUTION -

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The Indian Constitution has the features both of a federal and unitary forms of Government.

Federal features of the Indian. Constitution -

 Distribution of powers between Union and the States has been made as per the three
lists.
 The Union Government as well as the State Governments have to function strictly in
accordance with the Constitution. They can neither alter the distribution of powers nor
override the dictates of the Constitution.
 Indian Constitution is entirely written. An amendment to it must be passed by the
A
N
Parliament and if an amendment affects the federal structure it must be ratified by at least
half the State Legislatures.

feature.

SO
Like other federal states our country also has an independent Judiciary as an essential

R
Unitary features of the Indian. Constitution

U
 In a federation, people enjoy dual citizenship, that of the Centre and of the State to which

S
they belong . But the Indian Constitution provides every Indian with single citizenship.
 The most important subjects are included in the Union List which has been allocated to

S
the centre.

E
 The centre can legislate on the subjects in the concurrent list. Residuary powers belong to
the Centre.

E
 Single Constitutional Framework has been provided for the Centre as well as for the State.

Y
 The proclamation of National emergency can immediately turn the federal system of India
into a Unitary one.

A
In a federation, each State should get equal representation irrespective of its size or

R
population. But in the Rajya Sabha in India, States are represented on the basis of
population. Besides, the President has the power to nominate twelve members to the

T
Rajya Sabha.

A


B H
The Governors of the States are appointed by the President and they continue to hold
office only during his pleasure.
The Indian Constitution provides forsinglejudiciary, a single system of civil and criminal
law and command All India Services.
 The authority of the Comptroller and Auditor General and the Chief Election
Commissioner uniformly prevails over the Union as well as States.

The Preamble

The Preamble to the Constitution states the object which the Constitution seeks to establish and
promote, and also aids the legal interpretation of the Constitution where the language is found
ambiguous.The ideals embodied in the Objectives Resolution is faithfully reflected in the
Preamble to the Constitution, which, as amended in 1976, summaries the aims and objects of

BankExamsToday.Com Page 23
the Constitution. Text of the Preamble : "We, the People of India having solemnly resolved to
constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all
citizensJustice, social, economic and political; Liberty of thought, expression, belief, faith and
worship Equality of status and of opportunity; and to promote among them all Fraternity assuring
the dignity of the individual and the unity and integrity of the Nation in our Constituent Assembly
on this twenty sixth day of November, 1949, do hereby adopt, enact and give to ourselves this
constitution." The Preamble specifies the source of authority, i.e. people of India, the system of
Government, the objectives to be attained by the political system and the date of adoptation and

A
enactment of the Constitution. Though, the Preamble is not enforceable in a court of law, it
provides a key to the understanding and interpretation of the Constitution. In case of doubt, the

N
Supreme Court has referred to the Preamble to elucidate vague aspects of the Constitution. In

O
the Berubari case, the Supreme Court held that the Preamble v‘ras nt't part of the Constitution,
but later, in the Keshavananda Bharti case, it declared that it was part of the Constitution.

S
R
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Lapse of. Paramountcy

S
When the Indian Independence Act 1947, was passed, it declared the lapse of suzerainty
(paramountcy) of the crown, in sec. 7(i)(b) of the Acts from the appointed day-the suzerainty of

S
His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the

E
date of the passing of this Act between F-Iis Majesty and the rulers of Indian States, all functions
exercisable by His Majesty at the date with respect to Indian States, all obligations of His Majesty

E
existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority,

Y
or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty,
grant, usage, sufferance or otherwise Of thestatessituated

A
withinthegeographicalboundariesoftheDominion of India, all (numbering 552) save Hyderabad,

R
Kashmir, Bahawalpur, Junagarh and the N.W.F. (North West Frontier) states (Chitral, Phulra, Dir,
Swat and Amb) had acceded to the Dominion of India by the 15th August, 1947, i.e. before the

T
'appointed day' itself.

A
B H
Integration and Merger of Indian States

 The main objective of shaping the Indian States into sizeable or viable administrative units
was sought to be achieved by a three-fold process of integration (known as the 'Patel
Scheme' after Sardar Vallabhbhai Patel, Minister-in-charge of Home Affairs)— 216 states
were merged into respective Provinces, geographically contiguous (connected) to them.
 These merged states were included in the territories of the states in Part B in the First
Schedule of the constitution.
 The process of merger started with the merger of Orissa and Chhattisgarh States with the
then Province of Orissa on January 1, 1948.

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 61 states were converted into Centrally administered areas and included in Part C of the
First Schedule of the Constitution.
 The third form of integration was the consolidation of groups of states into new viable
units, known as Union of States.
 As many as 275 states were integrated into 5 Unions — Madhya Bharat, Patiala and East
Punjab States Union, Rajasthan, Saurashtra and Travancore–Cochin. These were
included in the States in Part B of the First Schedule.
 The other three States included in Part B were—Hyderabad, Jammu and Kashmir and

A
Mysore.

N
 Jammu and Kashmir acceded to India on October 26, 1947, and so it was included as a
state in Part B, but the Government of India agreed to take the accession subject to

O
confirmation by the people of the state, and a constituent. Assembly subsequently

S
confirmed it, in November, 1956.

R
U
Reorganization of States

S
A Bill seeking to create a new State or alter boundaries of existing States can be introduced in
either House of the Parliament, only On the recommendation of the President. President refers

S
the State Reorganization Bill to the State Legislature concerned for its opinion, fixing a time limit.

E
Parliament is not bound to accept or act upon the views of the State Legislature on a state
Reorganization Bill. The State Reorganization Bill requires simple majority in both Houses of the

Y E
Parliament. It is not necessary to obtain the views of legislatures of Union territorie' before a bill
affecting their boundaries or names is introduced

A
Citizenship
R
T
 The Constitution of India provides for a single and uniform citizenship for whole of India.

A

B H
Citizenship of India was granted to every person who domiciled in the territory of India at
the commencement of the constitution and who was born in the territory of India or —

 Either of whose parents was born in the territory of India or


 Who had been ordinarily residing in the territory of India for not less than five years
immediately preceding commencement of the Constitution.
 Indian citizens have the following rights under the Constitution which aliens do not
possess:
 Some of the Fundamental Rights enumerated in part III of the Constitution. e. g. Articles
15, 16, 19, 29, 30.

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 Only citizens are eligible for offices of the President, Vice-President, Judge of the
Supreme Court or a High. Court, Attorney General, Governor of a State, Member of a
legislature etc.
 Only citizens have the right to vote.
 Generally, every person born in India on or after January 1950, shall he a citizen of India if
either of his parents was a citizen of India at the time of his birth.
 A person who was outside India on or after 26 January; 1950, shall be a citizen of India by
descent, if his father was a citizen of India at the time of that person's birth.

A
 A person can apply for and get registered as a citizen of India by the competent authority

N
if he satisfies the conditions laid down.
 A person residing in India for more than 7 years and having adequate knowledge of a

O
constitutionally recognised Indian language can seek citizenship by naturalisation,

S
provided he is not a citizen of a country where Indian citizens are prevented from
becoming citizens by naturalisation.

R
If any new territory becomes a part of India, the persons of the territory become citizens of

U
India.
Citizenship of India may be lost by :


Renunciation of citizenship.
S
Termination of citizenship, if a citizen of India voluntarily aquires the citizenship of another


country.

E S
Deprivation of citizenship by the Government of India

Fundamental Rights

Y E
Six Fundamental Rights have been provided by the Constitution :

A
R
1. Right to equality

2. Right to liberty

A T
3. Right against exploitation

H
4. Right to freedom of religion

B
5. Cultural and educational rights

6. Right to constitutional remedy

 Article 14 of the constitution provides that the State shall not deny any person equality
before the law or equal protection of the laws within the territory of India.
 Exceptions to the provision of equality before law, allowed by the Indian Constitution are :
 The President or the Governor of a State is not answerable to any Court for the exercise
and performance of the powers and duties of his office.
 No criminal proceeding can be instituted or continued against the President or a Governor
in any Court during his term of office.

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 No civil proceeding in which relief is claimed against the President or the Governor of a
State can be instituted during his term of office in any Court in respect of any act done by
him in his personal capacity, without a prior notice of two months.
 The above immunities do not bar Impeachment proceeding against the President and
Suits or other appropriate proceeding against the Government of India or the Government
of a State.
 Exceptions acknowledged by the comity of nations in every civilized country, in favour of
foreign Sovereigns and ambassadors.

A
 The guarantee of 'equal protection' is a guarantee of equal treatment of persons in 'equal

N
circumstances', permitting differentiation in different circumstances.
 Article 15 of the Constitution states that The State shall not discriminate against any

O
citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

S
 No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them
be subjected to any disability, liability restriction Or condi Lion with regard to access to

R
shops, public restaurants, hotels and places of public entertainment or the use of wells,

U
tanks, bathing ghats, roads and places ofpublic resort maintained wholly or partly out of
State funds or dedicated to the use ofgeneral public.

S
Nothing in this article shall prevent the State from making any special provisions for
women, children or any socially and educationally backward classes.

E S
Article 16 guarantees Equality of opportunity in matters ofpublic employment. It says that :
There shall be equality of opportunity for all citizens in matters relating to employment or

E
appointment to any office under the State. No citizen shall, on grounds only of religion,
race, caste, sex, descent, place of birth or any of them, be ineligible for any employment
under the State.

AY
The Mandal Commission Case
R

A T
A nine-Judge Bench of the Supreme Court has laid down in Indra Sawhney's case
(popularly known as the Mandal Commission Case) regarding reservation in Government

H
employment, that
 Under Article 16(4) provisions can be made in favour of the backward classes in the


B
matter of employment by Executive orders also. Backward class of citizens is not defined
in the Constitution. A caste may also constitute a class.
The backwardness contemplated by Art. 16(4) is mainly social. It need not be both social
and educational.
 Income or the extent of property can be taken as a measure of social advancement and
on that basis the' creamy layer' of a given caste can be excluded. The reservations
contemplated in Art. 16(4) should not exceed 50%.
 Reservation of posts under Art. 16(4) is confined to initial appointment only and cannot
extend to providing reservation in promotion.

BankExamsToday.Com Page 27
 Note : Mandal Commission was set up in 1979 under the Chairmanship of B.N. Madal,
11/1.P (Former Chief Minister of Bihar).
 The 77th Amendment has provided to continue reservation in promotion for the S.C. and
S.T.
 Identification of backward classes is subject to judicial review.
 Article 17 ensures Abolition of Untouchability. The word 'untouchability' has not been
defined either in the Constitution or in the relevant Act of Parliament. It has been assumed
that the word has a well known connotation.

A
 Article 18 ensures Abolition of titles. It prevents the State from conferring any title.

N
 This ban is only against the State and not against institutions, such as Universities.
 The State is not debarred from awarding military or academic distinctions, even though

O
they may be used as titles.

S
 The State is not prevented from conferring any distinction or award which cannot be used
as a title. Bharat Ratna or Padma Vibhushan cannot be used by within the Constitutional

R
prohibition. the recipient as a title and therefore does not c:mrrise;

U
 Article 19 provides the six freedoms of :

S
 Speech and expression; * Assemble peacefully and without arms; Farm associations or
unions;

S
 Move freely throughout the territory of India;
 Reside and settle in any part of the territory of India; and

EE
Practise any profession, or to carry on any occupation, trade or business.

State can impose restrictions on the freedom of speech in the interest of the sovereignty and

Y
integrity of India , the security of the State, friendly relations with foreign States, public order,

A
decency or morality, or in relation to contempt of Court, defamation or incitement to an offence.

R
Restrictions can be imposed on the right to form associations in the interests of the sovereignty
and integrity of India or public order or morality. Restrictions can also be imposed on freedom of

T
movement and reside and settle in the interests of the general public or for the protection of the

A
interests of any Scheduled Tribe.

H
State can prescribe the professional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business. State can exclude any citizen from a

B
business or industry run by the Government or a body of Government.

There is no specific provision in the Constitution guaranteeing the freedom of the press because
freedom of the press is included in the wider freedom of 'expression' which is guaranteed by
freedom of expression under Art. 19.

Article 20 guarantees certain protection in respect of conviction for offences. It prohibits :

Restrospective criminal legislation, commonly known as ex post facto legislation.

Double jeopardy or punishment for the same offence more than once.

Compulsion to give self-incriminating evidence.

BankExamsToday.Com Page 28
Article 21 (A) makes the right of education for children of the age of 6 to 14 years a fundamental
right . {Ref. : 86th Amendment Act, 2002}

Article 21 of Constitution provides that no person shall be deprived of his life or personal liberty
except according to theprocedure established by law.

Under the 'Due Process' Clause of the American Constitution, the Court has assumed the power
of declaring unconstitutional any law which deprives a person of his liberty without
reasonableness and fairness.

In England courts have no power to invalidate a lawmade by Parliament


A
N
SO
In the case of Gopalan Supreme Court held that our Constitution had embodied the English
concept.

R
In Maneka's case the Supreme Court held that a law made by the State which seeks to deprive a

U
person of hispersonal liberty must prescribe a procedure for such deprivation which must not he

S
arbitrary, unfair or unreasonable. It follows that such law shall be invalid if it violates the principle
of natural justice.

informed of the grounds for such arrest.

E S
Article 22 provides that no person who is arrested shall be detained in custody without being

of his choice.

Y E
No arrested person can be denied the right to consult, and to be defended by a legal practitioner

A
Every person who is arrested and detained in custody is to be produced before the nearest

R
magistrate within a period of twenty-four hours of arrest excluding the time necessary for the
journey from the place of arrest to the court of the magistrate and no suchperson can be

T
detained in custody beyond that period without the authority of a magistrate.

A
 Article 23 provides Right against Exploitation in following respects :

H
Traffic in human beings and begar and other similar forms of forced labour are prohibited.

B
The State can impose compulsory s'e'rvice for public purposes, and in imposing such service the
State can not make any discrimination on grounds only of religion, race, caste or class or any of
them.

Special provision for the protection of children is made in Art. 24 which provides that no child
below the age of fourteen years can be employed to work in any factory or mine or engaged in
any other hazardous employment.

 Article 25-28 provides Right to Freedom of Religion.

Article 25 provides freedom of conscience and free profession, practice and propagation of
religion subject to public order, morality and health.

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Under Art. 25 State can regulate religious activities and provide for social reforms and throw
open Hindu religious institutions of public character to all sections of Hindus.

Article 26guarantees following rights to all religious groups subject to public order, morality and
health :

 Establish and maintain institution for religious and charitable purposes;


 Manage its own affairs in matters of religion;
 Own and acquire movable and immovable property;
 Administer such property in accordance with law.
A
N
particular religion or religious institution (Ref. : Art. 27)

SO
The State can not compel any citizen to pay any taxes for the promotion or maintenance of any

R
No religious instruction can be provided in any educational institution wholly maintained out of

U
State funds {Ref. : Art. 28}

S
Where a religious community is in the minority, the Constitution enables it to preserve its culture
and religious interests by providing that the

a law providing for preventive detention.

E S
The above safeguard is not available to an enemy alien and a person arrested or detained under

Y E
The Constitution authorises the Legislature to make laws for preventive detention for the security
of State, the maintenance of public order, or the maintenance of supplies and services essential

A
to the community, or for reasons connected with Defence and Foreign Affairs

R
THE WRITS

T
 For enforcement of fundamental rights, the judiciary has been armed with the power to
issue the writs.

A

B H
The rlovver to issue these writs for the enforcement of the Fundamental Rights is given by
the Constitution to the Supreme Court {Ref. : Art. 32} and High Courts fRef. : Art. 226).

 Supreme Court has the power to issue writs only for the purpose of enforcement of the
Fundamental Rights whereas under Art. 226 a High Court can issue writs for the purpose
of enforcement of Fundamental Rights and /or for the redress of any other injury or
illegality.

 *Supreme Court can issue a writ against any person or Government within the territory of
India, while High Court can issue a writ against a person, Government or other authority
only if they are located within the territorial jurisdiction of the High Court.
BankExamsToday.Com Page 30
 A writ of Habeas Corpuscalls upon the person who has detained another to produce the
latter before the court, in order to let the court know on vvhat ground he has been confined
and to set him free if there is no legal justification for the imprisonment. The words 'habeas
corpus' literally mean 'to have a body'. This writ may be addressed to an official or a
private person, who has another person in his custody.

 Mandamus literally means a command. It commands the person to whom it is addressed


A
N
to perform some public or quasi- public legal duty which he has refused to perform and the

O
performance of which cannot be enforced by any other adequate legal remedy.
Mandamus cannot be granted against the President, or the Governor of a state, for the
exercise and performance of the powers and duties of his office.
S
R

SU
The writ of prohibition is a writ issued by the Supreme Court or a High Court to an inferior
court forbiding the latter to continue proceeding therein in excess if its jurisdiction or to
usurp a jurisdiction with which it is not legally vested.

E S
E
 While mandamus is available not only against judicial authorities but also against
administrative authorities, prohibition and certiorari are issued only against judicial or
quasi-judicial authorities.

AY

R
*Though prohibition and certiorari are both issued against Courts or Tribunals exercising

T
judicia I or quasi-judicial powers,certiorari is issued to quash order or decision of the Court

A
or Tribunal whileprohibition is issued to prohibit the Court or Tribunal from making the ultra
vires order or decision. Prohibition is available during thependency of the proceedings and

H
before the order is made, certiorari can be issued only after the order has been made.

B
Quo warranto is a proceeding whereby the court enquires into the legality of the claim which a
party asserts to apublic office, and to oust him from its enjoyment if the claim is not well founded.

The conditions necessary for the issue of a writ of quo warranto are as follows :

 The office must be public and it must be created by a statute or by the constitution itself.

BankExamsToday.Com Page 31
 The office must be a substantive one and not merely the function or employment of a
servant at the will and during the pleasure of another.

 There has been a contravention of the Constitution or a statute or statutory instrument, in


appointing such person to that office

The limitations on the enforcement of the fundamental rights are as follows :


A
N
Parliament has the power to modify the application of the Fundamental Rights to the members of

O
the Armed Forces, Police Forces or intelligence orgnisations so as to ensure proper discharge of

S
their duties and maintenance of discipline amongst them {Ref.: Art. 33}.

R
When martial law is in force, Parliament may indemnify any person in the service of the Union or
a State for any act done by him {Ref.: Art. 34}.

SU
Certain fundamental rights guaranteed by the Constitution may remain suspended, while a
Proclamation of Emergency is made by the President under Art. 352.

Right to Information

E S
Right to information has been granted to every citizen of India under Right to information Act,

E
2005 which came into force on 12th October, 2005.

information to the applicant.

AY
It is not a Fundamental Right but it entails a clause for penalty in case of delay in giving

R
Information Commission has been set- up at central and state levels to oversee implementation
of the Act.

A T
Directive Principles of State Policy

H
The Directive Principles are contained in Part IV of the Constitution. They aim at providing the
social and economic base of a genuine democracy.

B
Important Directive Principles

Broadly speaking, there are three types of Directive Principles aimed at providing social and
economic justice and ushering in a welfare state.

1. Socio economic Principles : They require the State

(a) to provide adequate means of livelihood to all citizens;

(b) to prevent concentration of wealth and means of production and ensure equitable distribution
of wealth and material resources;

BankExamsToday.Com Page 32
(c) to secure equal pay for equal work of men as well as women;

(d) to ensure a decent standard of living and leisure for all workers;

(e) to provide necessary opportunities and facilities to children and youth to prevent their
exploitation; and

(f) to make efforts to secure the right to work, education and public assistance in case of
unemployment, sickness, old age etc.

2. Gandhian Principles : These are the embodiment of the Gandhian programme for
A
N
reconstruction. These include :

O
(a) the establishment of village panchayats to function as units of self government;

S
(b) the promotion of educational and economic interests of weaker sections of society;

(c) the promotion of cottage industries;


R
(d) the prohibition of intoxicating drugs and drinks; and

SU
(e) prevention of the slaughter of cows, calves and other milch cattle etc.

(a) a uniform civil code for the country;


E S
3. Liberal Principles : The principles are based on liberal thinking and emphasise the need for;

E
(b) free and compulsory education for all children up to the age of 14 years;

Y
A
(c) separation of the judiciary and executive;

R
(d) organisation of agriculture and animal husbandry along scientific lines;

(e) securing the participation of workers in the management of industries;

A T
(f) safeguarding the forests and wildlife of the country; and

H
(g) protecting monuments and places of artistic or historical importance.

B
The real significance of the directive principles lies in the fact that they intend to provide social
and economic democracy in the country without which political democracy is a farce.

Difference Between Fundamental Rights and Directive Principles

Fundamental rights constitute limitations upon State action, while the Directive Principles are
instruments of instruction to the Government.

The directives require to be implemented by legislation while fundamental rights are already
provided in the Constitution.

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The Directives are not enforceable in the Courts and do not create any Justiciable rights in favour
of the individuals, while the Fundamental Rights are enforceable by the Courts {Ref.: Arts. 32,
37, 226(1)}

In case of any conflict between fundamental rights and directive principles the former should
prevail in the Courts.

42nd Amendment Act ensured that though the directives themselves are not directly enforceable
it would be totally immune from unconstitutionality on the ground of contravention of the

A
fundamental rights conferred by Arts. 14 and 19.

N
This attempt to confer a primacy upon the directives against the fundamental rights was foiled by

O
the decision of the Supreme Court in Minerva Mills Case to the effect that a law would be
protected by Art. 31C only if it has been made to implement the directive in Art. 39(b)-(c) and not
any of the other Directives included in Part IV.
S
Directives Provided Outside Part IV of the Constitution
R
SU
State and every local authority within the state to provide adequate facilities for instruction in the
mother -tongue at the primary stage of education to children belonging to linguistic minority
groups. {Ref. :Art 350 A)

E S
union to promote spread of Hindi language and to develop it as a medium of expression of all the
elements of the composite culture of India. {Ref.: Art. 351.)

Y E
The claims of th.e members of th.e Scheduled Castes and the Scheduled Tribes shallbe taken
into consi deration, consistently with thy. maintenance of efficiency of administration, in the

A
making of appointments to services and posts in connection with the affairs of the union or a
state.{ Ref.: Art. 335}

R
Though the Directives contained in Arts. 335, 350A and 351 are not included in Part IV, Courts

T
have given similar attention to them meaning that all parts of the Constitution should be read

A
together.

H
Fundamental Duties

B
The Fundamental Duties are eleven in number, incorporated in Art. 51A [Part IVA], which has
been incorporated by the 42nd Amendment Act, 1976.

Under this Article, it is the duty of every citizen of India:

1.to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;

2,to cherish and follow the noble ideals which inspired our National Struggle for freedom;

3-to uphold and protect the sovereignty, unity and integrity of India;

4 to defend the country;

5 to promote harmony and the spirit of common brotherhood amongst all the people of India;

BankExamsToday.Com Page 34
6.to value andp reserve the rich heritage of our composite culture;

7 toprotect and improve the natural environment;

8 to develop the sdentific temper and spirit of inquiry;

9.to safeguard public property;

10.to strive towards excellence in all spheres of individual and collective activity.

A
11 . top rovide opportunities for education to his child or ward as the case may be between the

N
age of six and fourteen years.

SO
Note : The 11th Fundamental Duty was added by the 86th Constitutional Amendment Act, 2002.

R
There is no provision in the Constitution for direct enforcement of any of the Fundamental Duties
nor for any sanction to prevent their violation.

The Prime Minister and the Union Council Of Ministers

SU
S
In a parliamentary system of Government, the Prime Minister occupies a unique position as the
most powerful functionary who controls both the Parliament and tile Executive.

EE
Prime Minister is appointed by the President. Other ministers are appointed and I or dismissed
by the President on the advice of the Prime Minister.

AY
Prime Minister, must be the leader of the party in majority in the Lok Sabha or a person who can
win the confidence of the majority in that House.

R
As the bead of the Council of Ministers, the Prime Minister (PM) is the head of the Government.
Also, he she is the leader of his/her party or / and of a coalition of parties in Parliament and

A T
usually the Leader o the Popular House.

The PM enjoys large powers of patronage. All the ministers are appointed at his /her

H
recommendation and stand dismissed at his / her demand.

B
The PM allots work among the ministers. Also, he / she can change their portfolios at will.

The PM is the channel of communication between the Council of Ministers and the President.

Ministers get the salaries and allowances etc. as payable to members of parliament. In addition
they get a sumptuary allowance at a varying scale and a residence, free of rent. Cabinet
Ministers attend meeting of the Cabinet.

Ministers of State are not members of the Cabinet and they can attend a Cabinet Meeting only if
invited to attend any particular meeting.

A Deputy Minister assists the Minister in discharge of his duties and takes no part in Cabinet
meetings.

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There is no bar to the appointment of a non- MP as Minister, but he cannot continue as Minister
for more than 6 months unless he secures a seat in either House of Parliament.

Though the ministers are collective spcmsible to the legislature, they are individually responsible
to ethye resident.

A Minister can take part in the proceedings of both Lk Sabha and Rajya Sabha, but he/she can
vote only if he /oshe is a member of that House

A
The Attorney-General is the first Law Officer of the Government of India, who gives advice on
legal matters and performs other duties of a legal character as assigned to him by the President.

N
The Attorney-General for India is appointed by the President and holds office during the pleasure

Supreme Court.

SO
of the President. He must have the same qualifications as are required to be a judge of the

R
He discharges the functions conferred on him by the Constitution or any other law {Ref.: Art. 76}.

U
The Attorney-General for India is not a member of the Cabinet. But he has the right to speak in

S
the Houses of Parliament or in any Committee thereof, but he has no right to vote {Ref.: Art 88).

He is entitled to the privileges of a member of Parliament [Art. 105(4)]. In the performance of his

E S
official duties, the Attorney-General has the right of audience in all Courts in the territory of India.

He is not a whole-time counsel for the Government nor a Government servant.

The Comptroller & Auditor General of India

Y E
A
The GAG controls the entire financial system of the Union as well as the States {Ref.: Art. 148 }.

R
Though appointed by the President, the Comptroller and Auditor- General can be removed only
on an address from both Houses of Parliament on the ground of proved misbehaviour or

T
incapacity.

A
His salary and conditions of service are laid down by Parliament and can not be varied to his

H
disadvantage during his term of office.

B
The term of office of the Comptroller and Auditor-General (CAG) is 6 years from the date on
which he assumes office.

CAG vacates office on attaining the age of 65 years even without completing the 6-year term. He
can resign by writing under his hand, addressed to the President of India. He can be removed by
impeachment {Ref.: Arts. 148(1); 124(4)1.

His salary is equal to that of a Judge of the Supreme Court. Other conditions of his service are
similar to an I. A. S. of the rank of Secretary to the Government of India.

He is disqualified for any further Government office after retirement.

BankExamsToday.Com Page 36
The salaries, etc. of the Comptroller and Auditor-General and his staff and the administrative
expenses of his office are charged upon the Consolidated Fund of India and thus non-notable
{Ref.: Art. 148 (6)}.

The main duties of the Comptroller and Auditor General are

 To audit and report on all expenditure from the Consolidated Fund of India and of each
state and each Union Territory having a Legislative Assembly as to whether such
expenditure has been in accordance with the law.
 To audit and report on all expenditure from the Contingency
A
The Parliament of India
N
791.
SO
The Parliament of India consists of the President, the Lok Sabha and the Rajya Sabha. (Ref.: Art.

R
The President is a part of the Legislature, even though he or she does not sit in Parliament.

The main functions of Parliament are :

 Providing the cabinet. * Control of the Cabinet.


SU
S
 Criticism of the Cabinet and of individual Minister.

E
 Pa rliament secures the information authoritatively.
 Legislation i. e. making laws {Ref.: Arts. 107; 108; 245}

E
 Financial control.

Rajya Sabha and Lok Sabha


AY
Bill passed by the House of Parliament cannot become law without the President's assent.

R
The Rajya Sabha is composed of not more than 250 members of whom 12 are nominated by the

T
President and 238 are representatives of the states and the Union Territories elected by the

A
method of indirect election {Ref.: Art 80}.

H
The 12 nominated members are chosen by the President from amongst persons specialised in
science, art, literature and social service.

B
Representatives of each State are elected by the elected members of the Legislative Assembly
of the state in accordance with the system of proportional representation by means of the single
transferable vote.

Prescribed composition of the Lok Sabha is

 Not more than 530 representatives of the States;


 Not more than 20 representatives of Union Territories.
 Not more than 2 members of the Anglo-Indian community, nominated by the President.

BankExamsToday.Com Page 37
The representatives of the States are directly elected by the people of the States on the basis of
adult suffrage.

Every citizen who is not less than 18 years of age and is not otherwise disqualified is entitled to
vote at such election {Ref.: Art. 326).

There is no reservation for any minority community other than the Scheduled Castes and the
Scheduled Tribes {Ref.: Arts. 330,341, 342}.

A
The Council. of State is not subject to dissolution. It is a permanent body. 1/3 of its members
retire on the expiration of every second year.

N
The normal term of the Lok Sabha is 5 years, but it may he dissolved earlier by the President.

The extension cannot be made for aperiod exceeding one year at a time.

SO
R
Such extension cannot continue beyond a period of six months after the proclamation of
Emergency ceases to operate.

two sessions of Parliament.


SU
Parliament must meet at least twice a year and not more than six months shall elapse between

S
A session is the period of time between the first meeting of Parliament and prorogation of

E
Parliament.

E
The period between prorogation of Parliament and its re-assembly in a new session is called

Y
recess. Within a session, there are a number of daily sittings separated by adjournments
whichpostpone the further consideration of a business for a specified time. The sitting of a House

A
can be terminated by dissolution, prorogation or adjournment -

R
 While the powers of dissolution andprorogation are exercised by the President on the
advice of the Council of Ministers. The power to adjourn the daily sittings of Lok Sabha

A T
and Rajya Sabha belongs to the Speaker and the Chairman, respectively.
A dissolution brings Lok Sabha to an end so that there must be a fresh election while

H
prorogation merely terminates a session. Adjournment does not put an end to the session
of Parliament but merely postpones the further transaction of business for a specified

B
time, hours, days or weeks.
 On dissolution of the Lok Sabha all matters pending before the House lapse. If these
matters have to be pursued, they must be re- introduced in the next House after fresh
election.
 But a Bill pending in the Rajya Sabha which has not yet been passed by the Lok Sabha
shall not lapse on dissolution.
 A dissolution does not affect a joint sitting of the two Houses, if the President has notified
his intention to hold a joint sitting before the dissolution {Ref.: Art. 108(5)}.
 Adjournment has no such effect on pending business.

 Qualifications for becoming a member of Parliament are : or Must be a citizen of India.

BankExamsToday.Com Page 38
 Must not be less than 25 years of age in the case of Lok Sabha and 30 years in the case
of Rajya Sabha.
 Additionalqualifications may be prescribed by Parliament by law {Ref.: Art. 84}.
 A person can be disqualified for being a member of either House of Parliament, if :
 He holds any office of profit under the Government of India or. the Government of any
State;
 He is of unsound mind and stands so declared by a competent Court;
 He is not a citizen of India or has voluntarily acquired citizenship of a foreign State or is
under acknowledgment or allegiance or adherence to a foreign power;
A
N
 He is so disqualified by or under any law made by Parliament Ref.:Art. 1021.
 In a dispute regarding qualification the President's decision in accordance with the opinion

O
of the Election Commission, is final .

S
 The House can declare a seat vacant if the member absents himself from all meetings of
the I louse for a period of 60 days without permission of the house.

R
U
Speaker and Deputy Speaker of The Lok Sabha

S
• Speaker presides over the Lok Sabha.

S
• The Speaker or the Deputy Speaker, normally holds office during the life of the House, but
his office may terminate earlier in any of the following ways :



EE
By his ceasing to be a member of the House.
By resignation in writing, addressed to the Deputy Speaker, and vice versa.

Y
 By removal from office by a resolution, passed by a majority of all the then members of the

A
House {Ref.: Art. 94}.

R
A resolution to remove the speaker can not be moved unless at least 14 days notice has been
given of the intention to move the resolution.

A T
While a resolution for his removal is under consideration, the Speaker can not preside but he can
speak in, take part in the proceedings of the House and vote except in the case of equality of

H
votes {Ref.: Art. 96}.

B
At other meetings of the House the Speaker can not vote in the first instance, but can exercise a
casting vote in case of equality of votes.

The Speaker has the final power to maintain order within the Lok Sabha and to interpret its Rules
of Procedures.

In the absence of a quorum the Speaker adjourns the House or suspends the meeting until there
is a quorum.

The Speaker's conduct in regulating the procedure or maintaining order in the House can not be
questioned in a Court {Ref.: Art. 122}.

The Speaker presides over a joint sitting of the two Houses of Parliament {Ref.: Art. 118(4)}.

BankExamsToday.Com Page 39
When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha the Speaker may
certify that it is a Money Bill {Ref.: Art. 110(4)}.

The decision of the Speaker on whether a Bill is Money Bill is final.

While the office of Speaker is vacant or the Speaker is absent from a sitting of the House, the
Deputy Speaker presides, except when a resolution for his own removal is under consideration.

Chairman and Deputy Chairman of the Rajya Sabha

Vice-President of India is ex-officio Chairman of the Rajya Sabha and functions as the Presiding
A
N
Officer of that House so long as he does not officiate as the President.

O
When the Chairman acts as the President of India, the duties of the Chairman are performed by

S
the Deputy Chairman.

R
The Chairman may be removed from his office only if he is removed from the office of the Vice-
President.

SU
The powers of Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha
except that the Speaker has certain special powers like certifying a Money Bill, or presiding over

S
a joint sitting of the two Houses.

E
Municipalities

Y E
PART IX A, gives a constitutional foundation to the local self government units in urban area.

Most provisions for municipalities are similar to those contained in PART IX. e.g. Structure,

A
Reservation of Seats, Functions, Sources of Income etc

R
Nagar Panchayat is for an area being transformed from a rural area to an urban area.

T
Muncipal corporation is for a smaller urban area.

A
Muncipal Corporation is for a larger urban area. The municipal corporation is the topmost urban

H
local government.

B
The members of a municipality are generally elected by direct election.

The Legislature of a State can provide for representation in municipalities of:

 Persons having special knowledge or experience in municipal administration.


 Members of Lok Sabha, State Assembly, Rajya Sabha and Legislative Council.
 The Chairpersons of Ward Committees.
Note : If the population is 3 Lacs or more Ward Committees are constituted.
 Two Committees constituted for preparing development plan are :
 A District Planning Committee at the district level

* A Metropolitan Planning Committee at the metropolis level

BankExamsToday.Com Page 40
The Supreme Court

Every Judge of the Supreme Court after consulting the Chief Justice of the Supreme Court, is
appointed by the President of India.

In appointment of the Chief Justice of India, President can consult such Judges of the Supreme
Court and the High Court as he thinks appropriate.

A person is qualified for appointment as a judge of the Supreme Court, if he is :

 A citizen of India
A
 Has been a High Court Judge for at least 5 years
N
O
 Has been an Advocate of a High Court, or two or more courts in succession for at least 10
years {Ref.: Art. 124(3)}.

S
No minimum age or fixed period of office isprescribed for appointment as a Judge of the
Supreme Court.
R
A Judge of Supreme Court ceases to be so, on :

 Attaining the age of 65 years;


SU
S
 Resigning in writing addressed to the President;

E
 On being removed by the President.
 The only ground' for such removal are proved misbehaviour and incapacity (Ref.: Art.

E
124(4)).

Y
 Procedure for removal or impeachment of a Supreme Court Judge :

A
 A motion addressed to the President signed by at least 100 members of the Lok Sabha or
5() members of the Rajya Sabha is delivered to the Speaker or the Chairman.

R
 The motion is investigated by a Committee of 3 (2Judges of the Supreme Court and a
distinguished Jurist).

T
 If the Committee finds the Judge guilty, report of Committee is considered in the House

A
where the Motion is pending.
 If the motion is passed in each House by majority of the total membership of the House

B H
and by a majority of not less than two-thirds of the members present and voting the
address is presented to the President.

The Judge is removed after the President gives his order for removal on such address.

The procedure for impeachment is the same for Judges of the Supreme Court and the High
Courts.

After retirement a Judge of the Supreme Court can not plead or act in any Court or before any
authority within the territory of India (Ref.: Art. 124(7)1.

Jurisdiction of the Supreme Court is three-fold :

1. Original;

2. Appellate; and

BankExamsToday.Com Page 41
3. Advisory.

Disputes between different States of the Union or between Union and any state is within
exclusive Original jurisdiction of the Supreme Court {Ref.: Art. 131}

The jurisdiction of the Supreme Court to entertain an application under Art. 32 for the issue of
writs for the enforcement of Fundamental Rights is treated as an 'original' jurisdiction of the
Supreme Court though called Writ Jurisdiction

A
The Supreme Court is the highest court of appeal from all courts in the territory of India.

N
Supreme Court is the highest authority for interpretation of the Constitution.

O
Supreme Court may hear appeals by granting special leave against any kind of judgement or

S
order made by any court or tribunal (except a military tribunal).

R
Under advisory jurisdiction, Supreme Court can give its opinion on any matter of law or fact
ofpublic importance referred to it by the President. {Ref.: Art. 143}.

The High Court

 The High Court is the head of the Judiciary in the State.


SU

E S
Every judge of a High Court is appointed by the President.
In making appointment as a High Court Judge, President can consult the Chief Justice of

E
India, the Governor of the State and also the Chief Justice of that High Court.
 A Judge of the High Court can hold office until the age of 62 years.

AY
A High Court Judge can leave his office :
By resignation in writing addressed to the President.

R
T
Lokpal

A
 A Lokpal is a proposed `Ombudsman' in India. It has jurisdiction over all members of

H
Parliament (MPs), the Prime Minister (with certain exceptions), ministers and all Civil
servants etc. in cases of corruption. I iokpal is empowered to sanction prosecution.

B
The amended Tokpal and Lokavukta Bill 2011' \vas passed on Rajya Sabha and Lok
Sabha on 17th and 18th December, 2013
the Bill.
respectively. Samajwadi Party opposed

 The selection of the Lokpal will beheld by a committee comprising the P.M., the Lok
Sabha Speaker, the Leader of the opposition in Lok Sabha and the Chief Justice of India
etc.
 Lokpal is to have Chairperson and maximum 8 members, 50';) of them judicial
members and at least 50' ; members to be from SC / ST / women /minorities.

BankExamsToday.Com Page 42
A
N
S O
R
SU
ES
Y E
A
R
A T
B H
Centre–State Relations

he Constitution of India, being federal in structure, divides all powers (legislative, executive

T and financial) between the Centre and the states. However, there is no division of judicial power
as the Constitution has established an integrated judicial system to enforce both the Central laws as
well as state laws.
Though the Centre and the states are supreme in their respective fields, the maximum harmony and
coordination between them is essential for the effective operation of the federal system. Hence, the
Constitution contains elaborate provisions to regulate the various dimensions of the relations between
the Centre and the states.
The Centre-state relations can be studied under three heads:

• Legislative relations.
Administrative relations.

• Financial relations.

LEGISLATIVE RELATIONS

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the
Centre and the states. Besides these, there are some other articles dealing with the same subject.

A
Like any other Federal Constitution, the Indian Constitution also divides
the legislative powers between the Centre and the states with respect to both the territory and the

N
subjects of legislation. Further, the Constitution provides for the parliamentary legislation in the
state field under five extraordinary situations as well as the centre’s control over state legislation in

O
certain cases. Thus, there are four aspects in the Centre–states legislative relations, viz.,

S
• Territorial extent of Central and state legislation;
• Distribution of legislative subjects;

R
• Parliamentary legislation in the state field; and

U
• Centre’s control over state legislation.

1. Territorial Extent of Central and State Legislation


S
S
The Constitution defines the territorial limits of the legislative powers vested in the Centre and the
states in the following way:

E E
(i) The Parliament can make laws for the whole or any part of the territory of India. The territory of
India includes the states, the union territories, and any other area for the time being included in
the territory of India.

Y
(ii) A state legislature can make laws for the whole or any part of the state.

A
The laws made by a state legislature are not applicable outside the state, except when there is a
sufficient nexus between the state and the object.

R
(iii) The Parliament alone can make ‘extra-territorial legislation’. Thus, the laws of the
Parliament are also applicable to the Indian citizens and their property in any part of the world.
However, the Constitution places certain restrictions on the plenary territorial jurisdiction of

T
the Parliament. In other words, the laws of Parliament are not applicable in the following areas:

A
(i) The President can make regulations for the peace, progress and good government of the
four Union Territories—the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar

H
Haveli and Daman and Diu. A regulation so made has the same force and effect as an act of
Parliament. It may also repeal or amend any act of Parliament in relation to these union territories.

B
(ii) The governor is empowered to direct that an act of Parliament does not apply to a
scheduled area in the state or apply with specified modifications and exceptions.

(iii) The Governor of Assam may likewise direct that an act of Parliament does not apply to
a tribal area (autonomours district) in the state or apply with specified modifications and
exceptions. The President enjoys the same power with respect to tribal areas (autonomous
districts) in Meghalaya, Tripura and Mizoram.

2. Distribution of Legislative Subjects


The Constitution provides for a three-fold distribution of legislative subjects between the Centre and
the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the
Seventh Schedule:

(i) The Parliament has exclusive powers to make laws with respect to any of the
matters enumerated
1
in the Union List. This list has at present 100 subjects (originally 97 subjects) like defence,
banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade
and commerce, census, audit and so on.
(ii) The state legislature has “in normal circumstances” exclusive powers to
make laws with respect to any of the matters enumerated in the State List. This has at present 61
2
subjects (originally 66 subjects) like public order, police, public health and sanitation, agriculture,
prisons, local government, fisheries, markets, theaters, gambling and so on.
(iii) Both, the Parliament and state legislature can make laws with respect to

A
any of the matters enumerated in the Concurrent List. This list has at present 52 subjects
3
(originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce,

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population control and family planning, electricity, labour welfare, economic and social planning,
drugs, newspapers, books and printing press, and others. The 42nd Amendment Act of 1976
transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c)

O
weights and measures, (d) protection of wild animals and birds, and (e) administration of
justice; constitution and organisation of all courts except the Supreme Court and the high courts.

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The power to make laws with respect to residuary subjects (i.e., the matters which are not
enumerated in any of the three lists) is vested in the Parliament. This residuary power of legislation

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includes the power to levy residuary
taxes.

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From the above scheme, it is clear that the matters of national importance and the matters which

S
require uniformity of legislation nationwide are included in the Union List. The matters of regional and
local importance and the matters which permit diversity of interest are specified in the State List. The
matters on which uniformity of legislation throughout the country is desirable but not essential

S
are enumerated in the concurrent list. Thus, it permits diversity along with uniformity.
In US, only the powers of the Federal Government are enumerated in the Constitution and the

E
residuary powers are left to the states. The Australian Constitution followed the American pattern of
single enumeration of powers. In Canada, on the other hand, there is a double enumeration—

E
Federal and Provincial, and the residuary powers are vested in the Centre.
The Government of India (GoI) Act of 1935 provided for a three-fold emumenration, viz.,

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federal, provincial and concurrent. The present Constitution follows the scheme of this act but with
one difference, that is, under this act, the residuary powers were given neither to the federal

A
legislature nor to the provincial legislature but to the governor-general of India. In this respect,
India follows the Canadian precedent.

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The Constitution expressly secures the predominance of the Union List over the State List and
the Concurrent List and that of the Concurrent List over the State List. Thus, in case of overlapping

T
between the Union List and the State List, the former should prevail. In case of overlapping between
the Union List and the Concurrent List, it is again the former which should prevail. Where there
is a conflict between the Concurrent List and the State List, it is the former that should prevail.

A
In case of a conflict between the Central law and the state law on a subject enumerated in the

H
Concurrent List, the central law prevails over the state law. But, there is an exception. If the state law
has been reserved for the consideration of the president and has received his assent, then the state

B
law prevails in that state. But, it would still be competent for the Parliament to override such a law
by subsequently making a law on the same matter.

Parliamentary Legislation in the State Field


The above scheme of distribution of legislative powers between the Centre and the states is to be
maintained in normal times. But, in abnormal times, the scheme of distribution is either modified or
suspended. In other words, the Constitution empowers the Parliament to make laws on any matter
enumerated in the State List under the following five extraordinary circumstances:

When Rajya Sabha Passes a Resolution If the Rajya Sabha declares that it is necessary in the national interest
that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make
laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting. The
resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at
a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be
in force.
This provision does not restrict the power of a state legislature to make laws on the same
matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to
prevail.

During a National Emergency The Parliament acquires the power to legislate with respect to matters in the
State List, while a proclamation of national emergency is in operation. The laws become inoperative on
the expiration of six months after the emergency has ceased to operate.
Here also, the power of a state legislature to make laws on the same matter is not restricted. But, in
case of repugnancy between a state law and a parliamentary law, the latter is to prevail.

When States Make a Request When the legislatures of two or more states pass resolutions requesting the
Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter.
A law so enacted applies only to those states which have passed the resolutions. However, any other state may
adopt it afterwards by passing a resolution to that effect in its legislature. Such a law can be amended or

A
repealed only by the Parliament and not by the legislatures of the concerned states.
The effect of passing a resolution under the above provision is that the Parliament becomes

N
entitled to legislate with respect to a matter for which it
has no power to make a law. On the other hand, the state legislature ceases to have the power to

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make a law with respect to that matter. The resolution operates as abdication or surrender of the
power of the state legislature with respect to that matter and it is placed entirely in the hands of

S
Parliament which alone can then legislate with respect to it.
Some examples of laws passed under the above provision are Prize Competition Act, 1955; Wild

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Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Urban Land
(Ceiling and Regulation) Act, 1976; and Transplantation of Human Organs Act, 1994.

To Implement International Agreements The Parliament can make laws on


implementing the international treaties, agreements or conventions. This
government to fulfil its international obligations and commitments.
Some examples of laws enacted under the above provision are
SU any matter in the State List for
provision enables the Central

United Nations (Privileges and

S
Immunities) Act, 1947; Geneva Convention Act, 1960; Anti-Hijacking Act, 1982 and legislations relating
to environment and TRIPS.

E E
During President’s Rule When the President’s rule is imposed in a state, the Parliament becomes empowered to
make laws with respect to any matter in the State List in relation to that state. A law made so by the
Parliament continues to be operative even after the president’s rule. This means that the period for which such

Y
a law remains in force is not co-terminus with the duration of the President’s rule. But, such a law can be
repealed or altered or re-enacted by the state legislature.

A
R
3. Centre’s Control Over State Legislation

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Besides the Parliament’s power to legislate directly on the state subjects under the exceptional
situations, the Constitution empowers the Centre to exercise control over the state’s legislative

A
matters in the following ways:

(i) The governor can reserve certain types of bills passed by the state legislature for the

H
consideration of the President. The president enjoys absolute veto over them.

B
(ii) Bills on certain matters enumerated in the State List can be introduced in the state
legislature only with the previous sanction of the president. (For example, the bills imposing
restrictions on the freedom of trade and commerce).
(iii) The President can direct the states to reserve money bills and other financial bills
passed by the state legislature for his consideration during a financial emergency.
From the above, it is clear that the Constitution has assigned a position of superiority to the Centre
in the legislative sphere. In this context, the Sarkaria Commission on Centre–State Relations (1983–
87) observed: “The rule of federal supremacy is a technique to avoid absurdity, resolve conflict
and ensure harmony between the Union and state laws. If this principle of union supremacy is
excluded, it is not difficult to imagine its deleterious results. There will be every possibility of our
two-tier political system being stultified by interference, strife, legal chaos and confusion caused by a
host of conflicting laws, much to the bewilderment of the common citizen. Integrated legislative policy
and uniformity on basic issues of common Union–state concern will be stymied. The federal
principle of unity in diversity will be very much a casualty. This rule of federal supremacy,
4
therefore, is indispensable for the successful functioning of the federal system”.
ADMINISTRATIVE RELATIONS
Articles 256 to 263 in Part XI of the Constitution deal with the administrative relations between the
Centre and the states. In addition, there are various other articles pertaining to the same matter.
Distribution of Executive Powers
The executive power has been divided between the Centre and the states on the lines of the
distribution of legislative powers, except in few cases. Thus, the executive power of the Centre
extends to the whole of India: (i) to the matters on which the Parliament has exclusive power of
legislation (i.e., the subjects enumerated in the Union List); and (ii) to the exercise of rights,
authority and jurisdiction conferred on it by any treaty or agreement. Similarly, the executive power
of a state extends to its territory in respect of

A
matters on which the state legislature has exclusive power of legislation (i.e., the subjects enumerated
in the State List).

N
In respect of matters on which both the Parliament and the state legislatures have power of
legislation (i.e., the subjects enumerated in the Concurrent List), the executive power rests with

O
the states except when a Constitutional provision or a parliamentary law specifically confers it on
the Centre. Therefore, a law on a concurrent subject, though enacted by the Parliament, is to be

S
5
executed by the states except when the Constitution or the Parliament has directed otherwise.
Obligation of States and the Centre

R
The Constitution has placed two restrictions on the executive power of the states in order to give

U
ample scope to the Centre for exercising its executive power in an unrestricted manner. Thus, the
executive power of every state is to be exercised in such a way (a) as to ensure compliance with the

S
laws made by the Parliament and any existing law which apply in the state; and (b) as not to impede
or prejudice the exercise of executive power of the Centre in the state. While the former lays down a
general obligation upon the state, the latter imposes a specific obligation on the state not to hamper

S
the executive power of the Centre.
In both the cases, the executive power of the Centre extends to giving of such directions to the

E
state as are necessary for the purpose. The sanction behind these directions of the Centre is
coercive in nature. Thus, Article 365 says that where any state has failed to comply with (or to give

E
effect to) any directions given by the Centre, it will be lawful for the President to hold that a situation
has arisen in which the government of the state cannot be carried on in accordance with the

Y
provisions of the Constitution. It means that, in such a situation, the President’s rule can be imposed
in the state under Article 356.

A
R
Centre’s Directions to the States

In addition to the above two cases, the Centre is empowered to give directions to the states with

T
regard to the exercise of their executive power in

A
B H
the following matters:

(i) the construction and maintenance of means of communication (declared to be of national or military
importance) by the state;
(ii) the measures to be taken for the protection of the railways within the state;
(iii) the provision of adequate facilities for instruction in the mother-tongue at the primary stage

A
of education to children belonging to linguistic minority groups in the state; and
(iv) the drawing up and execution of the specified schemes for the welfare of the Scheduled

N
Tribes in the state.
The coercive sanction behind the Central directions under Article 365 (mentioned above) is also

O
applicable in these cases.
Mutual Delegation of Functions

S
The distribution of legislative powers between the Centre and the states is rigid. Consequently, the
Centre cannot delegate its legislative powers to the states and a single state cannot request the

R
Parliament to make a law on a state subject. The distribution of executive power in general follows
the distribution of legislative powers. But, such a rigid division in the executive sphere may lead to
occasional conflicts between the two. Hence, the Constitution provides for inter-government

U
delegation of executive functions in order to mitigate rigidity and avoid a situation of deadlock.

S
Accordingly, the President may, with the consent of the state government, entrust to that
government any of the executive functions of the Centre. Conversely, the governor of a state
may, with the consent of the Central government, entrust to that government any of the executive

S
6
functions of the state. This mutual delegation of administrative functions may be conditional or
unconditional.

E
The Constitution also makes a provision for the entrustment of the executive functions of the

E
Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament
and not by the president. Thus, a law made by the Parliament on a subject of the Union List can confer

Y
powers and impose duties on a state, or authorise the conferring of powers and imposition of
duties by the Centre upon a state (irrespective of the

A
consent of the state concerned). Notably, the same thing cannot be done by the state legislature.
From the above, it is clear that the mutual delegation of functions between the Centre and the

R
state can take place either under an agreement or by a legislation. While the Centre can use both
the methods, a state can use only the first method.

T
Cooperation Between the Centre and States

A
The Constitution contains the following provisions to secure cooperation and coordination between the

H
Centre and the states:

(i) The Parliament can provide for the adjudication of any dispute or complaint with respect to the

B
use, distribution and control of waters of any inter-state river and river valley.
(ii) The President can establish (under Article 263) an Inter-State Council to investigate and
discuss subject of common interest between the Centre and the states. Such a council was set up in
7
1990.
(iii) Full faith and credit is to be given throughout the territory of India to
public acts, records and judicial proceedings of the Centre and every state.
(iv) The Parliament can appoint an appropriate authority to carry out the purposes of the
constitutional provisions relating to the interstate freedom of trade, commerce and intercourse.
But, no such authority has been appointed so far.
All-India Services
Like in any other federation, the Centre and the states also have their separate public services called as
the Central Services and the State Services respectively. In addition, there are all-India services—IAS,
IPS and IFS. The members of these services occupy top positions (or key posts) under both the Centre
and the states and serve them by turns. But, they are recruited and trained by the Centre.
These services are controlled jointly by the Centre and the states. The ultimate control lies
with the Central government while the immediate control vests with the state governments.
In 1947, Indian Civil Service (ICS) was replaced by IAS and the Indian Police (IP) was replaced
by IPS and were recognised by the Constitution as All-India Services. In 1966, the Indian Forest
Service (IFS) was created as the third All-India Service. Article 312 of the Constitution authorises
the Parliament to create new All-India Services on the basis of a Rajya Sabha resolution to that
effect.
Each of these three all-India services, irrespective of their division among different states, form a
single service with common rights and status and uniform scales of pay throughout the country.

A
Though the all-India services violate the principle of federalism under the Constitution by
restricting the autonomy and patronage of the states, they are supported on the ground that (i) they

N
help in maintaining high standard of administration in the Centre as well as in the states; (ii) they
help to ensure uniformity of the administrative system throughout the country; and (iii) they facilitate

O
liaison, cooperation, coordination and joint action on the issues of common interest between the
Centre and the states.

S
While justifying the institution of all-India services in the Constituent Assembly, Dr B R Ambedkar
observed that: “The dual polity which is inherent in a federal system is followed in all federations by a

R
dual service. In all federations, there is a Federal Civil Service and a State Civil Service. The Indian
federation, though a dual polity, will have a dual service, but with one exception. It is recognised that in

U
every country there are certain posts in its administrative set up which might be called strategic from
the point of view of maintaining the standard of administration. There can be no doubt that the

S
standard of administration depends upon the calibre of the civil servants who are appointed to the
strategic posts. The Constitution provides that without depriving the states of their rights to form
their own civil services, there shall be an all-India service, recruited on an all-India basis with

S
common qualifications, with uniform scale of pay and members of which alone could be appointed to
8
those strategic posts throughout the Union”.

PublicServiceCommissions

E E
Y
In the field of public service commissions, the Centre–state relations are as follows:

A
(i) The Chairman and members of a state public service commission, though appointed by the
governor of the state, can be removed only by the President.

R
(ii) The Parliament can establish a Joint State Public Service Commission (JSPSC) for two
or more states on the request of the state legislatures concerned. The chairman and members
of the JSPSC are appointed by the president.

T
(iii) The Union Public Service Commission (UPSC) can serve the needs of a state on the

A
request of the state governor and with the approval of the President.
(iv) The UPSC assists the states (when requested by two or more states) in framing and

H
operating schemes of joint recruitment for any services for which candidates possessing special
qualifications are required.

B
Integrated Judicial System

Though India has a dual polity, there is no dual system of administration of justice. The Constitution,
on the other hand, established an integrated judicial system with the Supreme Court at the top and the
state high courts below it. This single system of courts enforces both the Central laws as well as
the state laws. This is done to eliminate diversities in the remedial procedure.
The judges of a state high court are appointed by the president in consultation with the Chief
Justice of India and the governor of the state. They can also be transferred and removed by the
president.
The Parliament can establish a common high court for two or more states. For example,
Maharashtra and goa or Punjab and Haryana have a common high court.

Relations During Emergencies

(i) During the operation of a national emergency (under Article 352), the Centre becomes
entitled to give executive directions to a state on ‘any’ matter. Thus, the state governments are
brought under the complete control of the Centre, though they are not suspended.
(ii) When the President’s Rule is imposed in a state (under Article 356), the
President can assume to himself the functions of the state government and powers vested in the
Governor or any other executive authority in the state.
(iii) During the operation of a financial emergency (under Article 360), the Centre can direct
the states to observe canons of financial propriety and the President can give other necessary
directions including the reduction of salaries of persons serving in the state and the high court
judges.

Other Provisions

The Constitution contains the following other provisions which enable the Centre to exercise

A
N
control over the state administration:

(i) Article 355 imposes two duties on the Centre: (a) to protect every state against external

O
aggression and internal disturbance; and (b) to ensure that the government of every state is
carried on in accordance with the provisions of the Constitution.

S
(ii) The governor of a state is appointed by the president. He holds office during the

R
pleasure of the President. In addition to the Constitutional head of the state, the governor acts as
an agent of the Centre in the state. He submits periodical reports to the Centre about the
administrative affairs of the state.

U
(iii) The state election commissioner, though appointed by the governor of the state, can be

S
removed only by the President.
Extra-Constitutional Devices

S
In addition to the above-mentioned constitutional devices, there are extra- constitutional devices
to promote cooperation and coordination between the Centre and the states. These include a

E
number of advisory bodies and conferences held at the Central level.
9

E
The non-constitutional advisory bodies include the Planning Commission (now NITI Aayog), the
10
National Development Council, the National Integration Council, the Central Council of Health, the

Y
11
Central Council of Local Government and Urban Development, the Zonal Councils, the North- Eastern

A
Council, the Central Council of Indian Medicine, Central Council of
Homoeopathy, the Central Family Welfare Council, the Transport Development Council, the

R
University Grants Commission and so on.
The important conferences held either annually or otherwise to facilitate Centre–state
consultation on a wide range of matters are as follows: (i) The governors’ conference (presided over

T
by the President). (ii) The chief ministers’ conference (presided over by the prime minister). (iii)
The chief secretaries’ conference (presided over by the cabinet secretary). (iv) The conference

A
of inspector-general of police. (v) The chief justices’ conference (presided over by the chief justice
of India). (vi) The conference of vice- cancellors. (vii) The home ministers’ conference (presided

H
over by the Central home minister). (viii) The law ministers’ conference (presided over by the Central
law minister).

B
FINANCIAL RELATIONS
Articles 268 to 293 in Part XII of the Constitution deal with Centre–state financial relations. Besides
these, there are other provisions dealing with the same subject. These together can be studied under
the following heads:
Allocation of Taxing Powers
The Constitution divides the taxing powers between the Centre and the states in the following way:

• The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List (which are
12
15 in number ).
• The state legislature has exclusive power to levy taxes on subjects
13
enumerated in the State List (which are 20 in number ).
• Both the Parliament and the state legislature can levy taxes on subjects enumerated in the
14
Concurrent List (which are 3 in number ).
• The residuary power of taxation (that is, the power to impose taxes not
enumerated in any of the three lists) is vested in the Parliament. Under this provision, the Parliament
has imposed gift tax, wealth tax and expenditure tax.
The Constitution also draws a distinction between the power to levy and collect a tax and the
power to appropriate the proceeds of the tax so levied
and collected. For example, the income-tax is levied and collected by the Centre but its proceeds
are distributed between the Centre and the states.
Further, the Constitution has placed the following restrictions on the taxing powers of the states:

(i) A state legislature can impose taxes on professions, trades, callings and employments. But, the

A
15
total amount of such taxes payable by any person should not exceed Rs. 2,500 per annum.

N
(ii) A state legislature can impose taxes on the sale or purchase of goods
(other than newspapers). But, this power of the states to impose sales tax is subjected to the four

O
restrictions: (a) no tax can be imposed on the sale or purchase taking place outside the states; (b)
no tax can be imposed on the sale or purchase taking place in the course of import or export; (c)

S
no tax can be imposed on the sale or purchase taking place in the course of inter-state trade
and commerce; and (d) a tax imposed on the sale or purchase of goods declared by

R
Parliament to be of special importance in inter-state trade and commerce is subject to the
16
restrictions and conditions specified by the Parliament.

U
(iii) A state legislature can impose tax on the consumption or sale of
electricity. But, no tax can be imposed on the consumption or sale of electricity which is (a)

S
consumed by the Centre or sold to the Centre; or
(b) consumed in the construction, maintenance or operation of any railway by the Centre or by the
concerned railway company or sold to the Centre or the railway company for the same purpose.
(iv)

ES
A state legislature can impose a tax in respect of any water or electricity stored,
generated, consumed, distributed or sold by any authority established by Parliament for regulating
or developing any inter-state river or river valley. But, such a law, to be effective, should be

E
reserved for the president’s consideration and receive his assent.
DistributionofTaxRevenues

Y
th th
The 80 Amendment of 2000 and the 88 Amendment of 2003 have introduced major changes in the
th

A
scheme of the distribution of tax revenues between the centre and the states. The 80 Amendment
th
was enacted to give effect to the recommendations of the 10 Finance Commission. The

R
Commission recommended that out of the total income obtained from certain central taxes and duties,
29% should go to the states. This is known as the ‘Alternative Scheme of Devolution’ and came into

T
effect retrospectively from April 1, 1996. This amendment has brought several central taxes and
duties like Corporation Tax and Customs Duties at par with Income Tax (taxes on income other than

A
17
agricultural income) as far as their constitutionally mandated sharing with the states is concerned.
th

H
The 88 Amendment has added a new Article 268-A dealing with service tax. It also added a
new subject in the Union List – entry 92-C (taxes on services). Service tax is levied by the centre but

B
collected and appropriated by both the centre and the states.
After these two Amendments, the present position in this regard is as follows:

A. Taxes Levied by the Centre but Collected and Appropriated by the States (Article 268): This
category includes the following taxes and duties:
(i) Stamp duties on bills of exchange, cheques, promissory notes, policies of insurance, transfer of
shares and others.
(ii) Excise duties on medicinal and toilet preparations containing alcohol and narcotics.
The proceeds of these duties levied within any state do not form a part of the Consolidated Fund
of India, but are assigned to that state.
Service Tax Levied by the Centre but Collected and Appropriated by the Centre and the States (Article
268-A): Taxes on services are levied by the Centre. But, their proceeds are collected as well as appropriated by both
the Centre and the states. The principles of theircollectionandappropriationareformulatedbytheParliament.
Taxes Levied and Collected by the Centre but Assigned to the States (Article 269): The following taxes
fallunderthiscategory:
(i) Taxes on the sale or purchase of goods (other than newspapers) in the course of inter-state
trade or commerce.
(ii) Taxes on the consignment of goods in the course of inter-state trade or
commerce.
The net proceeds of these taxes do not form a part of the Consolidated Fund of India. They
are assigned to the concerned states in accordance with the principles laid down by the Parliament.

B. Taxes Levied and Collected by the Centre but Distributed between the Centre and the States
(Article 270): This category includes all taxes and duties referred to in the Union List except the
following:

A
(i) Duties and taxes referred to in Articles 268, 268-A and 269 (mentioned above);
(ii)

N
Surcharge on taxes and duties referred to in Article 271 (mentioned below); and
(iii) Any cess levied for specific purposes.

O
The manner of distribution of the net proceeds of these taxes and duties is prescribed by the
President on the recommendation of the Finance Commission.

S
C. Surcharge on Certain Taxes and Duties for Purposes of the Centre (Article 271): The Parliament can at any

R
time levy the surcharges on taxes and duties referred to in Articles 269 and 270 (mentioned above). The
proceedsofsuchsurchargesgototheCentreexclusively.Inotherwords, the states have no share in these surcharges.

D.
SU
Taxes Levied and Collected and Retained by the States These are the taxes belonging to the states
18
exclusively. They are enumerated in the state list and are 20 in number. These are : (i) land revenue; (ii) taxes

S
on agricultural income, succession and estate duties in respect of agricultural land; (iii) taxes on lands and
buildings, on mineral rights, on animals and boats, on road vehicles, on luxuries, on entertainments, and on

E
gambling; (iv) excise duties on alcoholic liquors for human consumption and narcotics; (v) taxes on the entry of
goods into a local area, on advertisements (except newspapers), on consumption or sale of electricity, and on

E
goods and passengers carried by road or on inland waterways; (vi) taxes on professions, trades, callings and
employments not exceeding Rs. 2,500 per annum; (vii) capitation taxes; (viii) tolls; (ix) stamp duty on documents

Y
(except those specified in the Union List); (x) sales tax (other than newspaper); and (xi) fees on the matters
enumerated in the State List (except court fees).

A
Distribution of Non-tax Revenues
The Centre The receipts from the following form the major sources of non-tax revenues of the Centre: (i)

R
posts and telegraphs; (ii) railways;
(iii) banking; (iv) broadcasting (v) coinage and currency; (vi) central public

T
19
sector enterprises; and (vii) escheat and lapse.

A. The
A
States The receipts from the following form the major sources of non-tax revenues of the states:

H
(i) irrigation; (ii) forests; (iii) fisheries;
20
(iv) state public sector enterprise; and (v) escheat and lapse.

B
Grants-in-Aid to the States
Besides sharing of taxes between the Centre
and the states, the Constitution provides for
grants-in-aid to the states from the Central
resources. There are two types of grants-in-
aid, viz, statutory grants and discretionary
grants:

Statutory Grants Article 275 empowers the Parliament to make grants to the states which are in need of
financial assistance and not to every state. Also, different sums may be fixed for different states. These sums
are charged on the Consolidated Fund of India every year.
Apart from this general provision, the Constitution also provides for specific grants for promoting
the welfare of the scheduled tribes in a state or for raising the level of administration of the scheduled
areas in a state including the State of Assam.
The statutory grants under Article 275 (both general and specific) are given to the states on the
recommendation of the Finance Commission.
Discretionary Grants Article 282 empowers both the Centre and the states to make any grants for any
public purpose, even if it is not within their respective legislative competence. Under this provision, the Centre
makes
grants to the states.
“These grants are also known as discretionary grants, the reason being that the Centre is under
no obligation to give these grants and the matter lies within its discretion. These grants have a
two-fold purpose: to help the state financially to fulfil plan targets; and to give some leverage to the

A
21
Centre to influence and coordinate state action to effectuate the national plan.”

N
Notably, the discretionary grants form the larger part of the Central grants to the states (when
compared with that of the statutory grants).

O
Other Grants The Constitution also provided for a third type of grants-in- aid, but for a temporary period.

S
Thus, a provision was made for grants in lieu of export duties on jute and jute products to the States of
Assam, Bihar, Orissa and west Bengal. These grants were to be given for a period of ten years from the
commencement of the Constitution. These sums were charged on the Consolidated Fund of India and were

R
made to the states on the recommendation of the Finance Commission.
Finance Commission

U
Article 280 provides for a Finance Commission as a quasi-judicial body. It is constituted by the President
every fifth year or even earlier. It is required to make recommendations to the President on the

S
following matters:

• The distribution of the net proceeds of taxes to be shared between the Centre and the states,

S
and the allocation between the states, the respective shares of such proceeds.
• The

E
principles which should govern the grants-in-aid to the states by the Centre (i.e., out of the
Consolidated Fund of India).

E
• The measures needed to augment the Consolidated fund of a state to supplement the
resources of the panchayats and the municipalities in the state on the basis of the

Y
23
recommendations made by the State Finance Commission.

A
• Any other matter referred to it by the President in the interests of sound
finance.

R
Till 1960, the Commission also suggested the amounts paid to the States of Assam, Bihar, Orissa
and West Bengal in lieu of assignment of any share of
the net proceeds in each year of export duty on jute and jute products.

T
The Constitution envisages the Finance Commission as the balancing wheel of fiscal federalism

A
in India. However, its role in the Centre–state fiscal relations has been undermined by the
emergence of the planning commission, a non-constitutional and non-statutory body.

H
Protection of the States’ Interest
To protect the interest of states in the financial matters, the Constitution lays down that the following

B
bills can be introduced in the Parliament only on the recommendation of the President:

• A bill which imposes or varies any tax or duty in which states are interested;
• A bill which varies the meaning of the expression ‘agricultural income’ as defined for the purposes
of the enactments relating to Indian income tax;
• A bill which affects the principles on which moneys are or may be distributable to states;
and
• A bill which imposes any surcharge on any specified tax or duty for the purpose of the Centre.
The expression “tax or duty in which states are interested” means: (a) a tax or duty the whole or
part of the net proceeds whereof are assigned to any state; or (b) a tax or duty by reference to the
net proceeds whereof sums are for the time being payable, out of the Consolidated Fund of India to any
state.
The phrase ‘net proceeds’ means the proceeds of a tax or a duty minus the cost of collection. The
net proceeds of a tax or a duty in any area is to be ascertained and certified by the Comptroller
and Auditor-General of India. His certificate is final.

Borrowing by the Centre and the States

The Constitution makes the following provisions with regard to the borrowing powers of the
Centre and the states:

• The Central government can borrow either within India or outside upon the security of the
Consolidated Fund of India or can give guarantees, but both within the limits fixed by the Parliament.
So far, no such law hasbeen enacted by the Parliament.
• Similarly, a state government can borrow within India (and not abroad) upon the security of the
Consolidated Fund of the State or can give guarantees, but both within the limits fixed by the

A
legislature of that state.
• The Central government can make loans to any state or give guarantees in respect of loans raised

N
by any state. Any sums required for the purpose of making such loans are to be charged on the
Consolidated Fund of India.

O
•A state cannot raise any loan without the consent of the Centre, if there is still outstanding any part

S
of a loan made to the state by the Centre or in respect of which a guarantee has been given by
the Centre.

Inter-Governmental Tax Immunities

R
U
Like any other federal Constitution, the Indian Constitution also contain the rule of ‘immunity from

S
mutual taxation’ and makes the following provisions in this regard:

Exemption of Central Property from State Taxation The property of Centre is exempted from all taxes

S
imposed by a state or any authority within a state like municipalities, district boards, panchayats and so on.
But, the Parliament is empowered to remove this ban. The word ‘property’ includes lands, buildings, chattels,

E
shares, debts, everything that has a money value, and every kind of property—movable or immovable and
tangible or intangible. Further, the property may be used for sovereign (like armed forces) or commercial

E
purposes.
The corporations or the companies created by the Central government are not immune from state

Y
taxation or local taxation. The reason is that a corporation or a company is a separate legal entity.

A
Exemption of State Property or Income from Central Taxation The property and income of a state is
exempted from Central taxation. Such income may be derived from sovereign functions or commercial

R
functions. But the Centre can tax the commercial operations of a state if Parliament so provides. However, the
Parliament can declare any particular trade or business as incidental to the ordinary functions of the

T
government and it wouldthennotbetaxable.
Notably, the property and income of local authorities situated within a state are not exempted from

A
the Central taxation. Similarly, the property or income of corporations and companies owned by a state
can be taxed by the Centre.

H
24
The Supreme Court, in an advisory opinion (1963), held that the immunity granted to a state in
respect of Central taxation does not extend to the duties of customs or duties of excise. In other

B
words, the Centre can impose customs duty on goods imported or exported by a state, or an excise
duty on goods produced or manufactured by a state.
Effects of Emergencies

The Centre–state financial relations in normal times (described above) undergo changes during
emergencies. These are as follows:

National Emergency While the proclamation of national emergency (under Article 352) is in operation, the
president can modify the constitutional distribution of revenues between the Centre and the states. This means that
the president can either reduce or cancel the transfer of finances (both tax sharing and grants-in-aid) from the
Centre to the states. Such modification continues till the end of the financial year in which the emergency
ceases to operate.

Financial Emergency While the proclamation of financial emergency (under Article 360) is in operation, the
Centre can give directions to the states: (i) to observe the specified canons of financial propriety; (ii) to reduce
the salaries and allowances of all class of persons serving in the state (including the high court judges); and (iii) to
reserve all money bills and other financial bills for the consideration of the President.
TRENDS IN CENTRE–STATE RELATIONS

Till 1967, the centre–state relations by and large were smooth due to one- party rule at the
Centre and in most of the states. In 1967 elections, the Congress party was defeated in nine
states and its position at the Centre became weak. This changed political scenario heralded a
new era in the Centre–state relations. The non-Congress Governments in the states opposed

A
the increasing centralisation and intervention of the Central government. They raised the issue of
state autonomy and demanded more powers and financial resources to the states. This caused

N
tensions and conflicts in Centre– state relations.
Tension Areas in Centre-State Relations

O
The issues which created tensions and conflicts between the Centre and states are: (1) Mode of
appointment and dismissal of governor; (2) Discriminatory and partisan role of governors; (3)

S
Imposition of President’s Rule for partisan interests; (4) Deployment of Central forces in the states to
maintain law and order; (5) Reservation of state bills for the consideration of the President; (6)

R
Discrimination in financial allocations to the states; (7) Role of Planning Commission in
approving state projects; (8) Management of All-India Services (IAS, IPS, and IFS); (9) Use of

U
electronic media for political purposes; (10) Appointment of enquiry commissions against the chief
ministers; (11) Sharing of finances (between Centre and states); and (12) Encroachment by the

S
Centre on the State List.
The issues in Centre-State relations have been under consideration since the mid 1960s. In
this direction, the following developments have taken place:

S
Administrative Reforms Commission
The Central government appointed a six-member Administrative Reforms Commission (ARC) in

E
1966 under the chairmanship of Morarji Desai (followed by K Hanumanthayya). Its terms of
references included, among others, the examination of Centre–State relations. In order to examine

E
thoroughly the various issues in Centre–state relations, the ARC constituted a study team under M C
Setalvad. On the basis of the report of this study team, the ARC finalised its own report and submitted it

Y
to the Central government in 1969. It made 22 recommendations for improving the Centre–state
relations. The important recommendations are:


A
Establishment of an Inter-State Council under Article 263 of the Constitution.

R
• Appointment of persons having long experience in public life and administration and non-
partisan attitude as governors.

T
• Delegation of powers to the maximum extent to the states.

A
• Transferring of more financial resources to the states to reduce their dependency upon the
Centre.

H
• Deployment of Central armed forces in the states either on their request or otherwise.

B
No action was taken by the Central government on the recommendations of the ARC.

RajamannarCommittee
In 1969, the Tamil Nadu Government (DMK) appointed a three-member committee under the
chairmanship of Dr P V Rajamannar to examine the entire question of Centre–state relations and
25
to suggest amendments to the Constitution so as to secure utmost autonomy to the states. The
committee submitted its report to the Tamil Nadu Government in 1971.
The Committee identified the reasons for the prevailing unitary trends (tendencies of
centralisation) in the country. They include: (i) certain provisions in the Constitution which confer
special powers on the Centre; (ii) one-party rule both at the Centre and in the states; (iii) inadequacy
of states’ fiscal resources and consequent dependence on the Centre for financial assistance; and
(iv) the institution of Central planning and the role of the Planning Commission.
The important recommendations of the committee are as follows: (i) An Inter-State Council
should be set up immediately; (ii) Finance Commission should be made a permanent body; (iii)
Planning Commission should be disbanded and its place should be taken by a statutory body; (iv)
Articles 356, 357 and 365 (dealing with President’s Rule) should be totally omitted; (v) The
provision that the state ministry holds office during the pleasure of the governor should be omitted;
(vi) Certain subjects of the Union List and the Concurrent List should be transferred to the State
List; (vii) the residuary powers should be allocated to the states; and (viii) All-India services (IAS,
IPS and IFS) should be abolished.
The Central government completely ignored the recommendations of the
Rajamannar Committee.
Anandpur Sahib Resolution

In 1973, the Akali Dal adopted a resolution containing both political and religious demands in a
meeting held at Anandpur Sahib in Punjab. The resolution, generally known as Anandpur Sahib
Resolution, demanded that the Centre’s jurisdiction should be restricted only to defence, foreign
affairs, communications, and currency and the entire residuary powers should be vested in the

A
states. It stated that the Constitution should be made federal in the real sense and should ensure
equal authority and representation to all the states at the Centre.

N
West Bengal Memorandum

In 1977, the West Bengal Government (led by the Communists) published a memorandum on Centre–

O
state relations and sent to the Central government. The memorandum inter alia suggested the
following: (i) The word ‘union’ in the Constitution should be replaced by the word ‘federal’; (ii) The

S
jurisdiction of the Centre should be confined to defence, foreign affairs, currency,
communications and economic co-ordination; (iii) All other subjects including the residuary should

R
be vested in the states; (iv) Articles 356 and 357 (President’s Rule) and 360 (financial
emergency) should be repealed; (v) State’s consent should be made obligatory for formation of new

U
states or reorganisation of existing states; (vi) Of the total revenue raised by the Centre from all
sources, 75 per cent should be allocated to the states; (vii) Rajya Sabha should have equal powers with

S
that of the Lok Sabha; and (viii) There should be only Central and state services and the all-India
services should be abolished.
The Central government did not accept the demands made in the

S
memorandum.
Sarkaria Commission

E
In 1983, the Central government appointed a three-member Commission on Centre–state relations
under the chairmanship of R S Sarkaria, a retired judge

E
26
of the Supreme Court. The commission was asked to examine and review the working of existing

Y
arrangements between the Centre and states in all spheres and recommend appropriate changes
and measures. It was initially given one year to complete its work, but its term was extended four

A
times. The final report was submitted in October 1987, and the summary was later officially released
in January 1988.

R
The Commission did not favour structural changes and regarded the existing constitutional
arrangements and principles relating to the institutions basically sound. But, it emphasised on the need
for changes in the functional or operational aspects. It observed that federalism is more a functional

T
arrangement for co-operative action than a static institutional concept. It outrightly rejected the
demand for curtailing the powers of the Centre and stated that a strong Centre is essential to

A
safeguard the national unity and integrity which is being threatened by the fissiparious tendencies in
the body politic. However, it did not equate strong Centre with centralisation of powers. It observed

H
that over-centralisation leads to blood pressure at the centre and anemia at the pheriphery.
The Commission made 247 recommendations to improve Centre–state relations. The important

B
recommendations are mentioned below:

1. A permanent Inter-State Council called the Inter-Governmental Council should be set up under
Article 263.
2. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort
when all the available alternatives fail.
3. The institution of All-India Services should be further strengthened and some more such
services should be created.
4. The residuary powers of taxation should continue to remain with the Parliament, while the
other residuary powers should be placed in the Concurrent List.
5. When the president withholds his assent to the state bills, the reasons should be
communicated to the state government.
6. The National Development Council (NDC) should be renamed and reconstituted as the National
Economic and Development Council (NEDC).
7. The zonal councils should be constituted afresh and reactivated to promote the spirit of
federalism.
8. The Centre should have powers to deploy its armed forces, even without the consent of states.
However, it is desirable that the states should be consulted.
9. The Centre should consult the states before making a law on a subject of the Concurrent List.
10. The procedure of consulting the chief minister in the appointment of the state governor
should be prescribed in the Constitution itself.

A
11. The net proceeds of the corporation tax may be made permissibly shareable with the
states.

N
12. The governor cannot dismiss the council of ministers so long as it commands a
majority in the assembly.

O
13. The governor’s term of five years in a state should not be disturbed except for some
extremely compelling reasons.

S
14. No commission of enquiry should be set up against a state minister unless a demand is
made by the Parliament.

R
15. The surcharge on income tax should not be levied by the Centre except for a specific

U
purpose and for a strictly limited period.
16. The present division of functions between the Finance Commission and the Planning

S
Commission is reasonable and should continue.
17. Steps should be taken to uniformly implement the three language formula in its true spirit.

S
18. No autonomy for radio and television but decentralisation in their operations.

E
19. No change in the role of Rajya Sabha and Centre’s power to reorganise the states.
20. The commissioner for linguistic minorities should be activated.

E
The Central government has implemented 180 (out of 247) recommendations of the Sarkaria
27

Y
Commission. The most important is the establishment of the Inter-State Council in 1990.
Punchhi Commission

A
The Second commission on Centre-State Relations was set-up by the Government of India in April
28
2007 under the Chairmanship of Madan Mohan Punchhi, former Chief Justice of India. It was

R
required to look into the issues of Centre-State relations keeping in view the sea-changes that
have
taken place in the polity and economy of India since the Sarkaria Commission had last looked

T
at the issue of Centre-State relations over two decades ago.

A
The terms of reference of the Commission were as follows:

(i) The Commission was required to examine and review the working of the existing arrangements

H
between the Union and States as per the Constitution of India, the healthy precedents being
followed, various pronouncements of the Courts in regard to powers, functions and

B
responsibilities in all spheres including legislative relations, administrative relations, role of
governors, emergency provisions, financial relations, economic and social planning, Panchayati Raj
institutions, sharing of resources including inter-state river water and recommend such changes or
other measures as may be appropriate keeping in view the practical difficulties.
(ii) In examining and reviewing the working of the existing arrangements between the
Union and States and making recommendations as to the changes and measures needed,
the Commission was required to keep in view the social and economic developments that have
taken place over the years, particularly over the last two decades and have due regard to the
scheme and framework of the Constitution. Such recommendations were also needed to
address the growing challenges of ensuring good governance for promoting the welfare of
the people whilst strengthening the unity and integrity of the country, and of availing
emerging opportunities for sustained and rapid economic growth for alleviating poverty and
illiteracy in the early decades of the new millennium.
(iii) While examining and making its recommendations on the above, the Commission was
required to have particular regard, but not limit its mandate to the following:-
(a) The role, responsibility and jurisdiction of the Centre vis-à-vis States during major and
prolonged outbreaks of communal violence, caste violence or any other social conflict
leading to prolonged and escalated violence.
(b) The role, responsibility and jurisdiction of the Centre vis-à-vis States in
the planning and
implementation of the mega projects like the inter-linking of rivers, that would normally
take 15–20 years for
completion and hinge vitally on the support of the States.
(c) The role, responsibility and jurisdiction of the Centre vis-à-vis States in
promoting effective
devolution of powers and autonomy to Panchayati Raj Institutions and Local Bodies
including the Autonomous Bodies under the sixth Schedule of the Constitution within a
specified period of time.

A
(d) The role, responsibility and jurisdiction of the Centre vis-à-vis States in promoting the
concept and practice of independent planning and budgeting at the District level.

N
(e) The role, responsibility and jurisdiction of the Centre vis-à-vis States in linking Central
assistance of various kinds with the performance of the States.

O
(f) The role, responsibility and jurisdiction of the Centre in adopting approaches and
policies based on positive discrimination in favour of backward States.

S
th th
(g) The impact of the recommendations made by the 8 to 12 Finance Commissions on the

R
fiscal relations between the Centre and the States, especially the greater dependence of
the States on devolution of funds from the Centre.

U
(h) The need and relevance of separate taxes on the production and on the sales of goods
and services subsequent to the introduction of Value Added Tax regime.

S
(i) The need for freeing inter-State trade in order to establish a unified and integrated
domestic market as also in the context of the reluctance of State Governments to adopt the

S
relevant Sarkaria Commission’s recommendation in chapter XVIII of its report.
(j) The need for setting up a Central Law Enforcement Agency empowered to take up suo

E
moto investigation of crimes having inter- State and/or international ramifications with
serious implications on national security.

E
(k) Thefeasibility of a supporting legislation under Article 355 for the purpose of suo moto
deployment of Central forces in the States if and when the situation so demands.

Y
The Commission submitted its report to the government in April 2010. In finalising the 1,456
page report, in seven volumes, the Commission took

A
extensive help from the Sarkaria Commission report, the National Commission to Review the

R
Working of the Constitution (NCRWC) report and the Second Administrative Reforms Commission
report. However, in a number of areas, the Commission report differed from the Sarkaria
Commission recommendations.

T
After examining at length the issues raised in its Terms of Reference and the related aspects in
all their hues and shades, the Commission came to the conclusion that ‘cooperative federalism’ will be

A
the key for sustaining India’s unity, integrity and social and economic development in future. The
principles of cooperative federalism thus may have to act as a practical guide for Indian polity and

H
governance.
In all, the Commission made over 310 recommendations, touching upon several significant

B
areas in the working of Centre-state relations. The important recommendations are mentioned below:

1. To facilitate effective implementation of the laws on List III subjects, it is necessary that some
broad agreement is reached between the Union and states before introducing legislation in
Parliament on matters in the Concurrent List.
2. The Union should be extremely restrained in asserting Parliamentary supremacy in matters
assigned to the states. Greater flexibility to states in relation to subjects in the State List and
“transferred items” in the Concurrent List is the key for better Centre-state relations.
3. The Union should occupy only that many of subjects in concurrent or overlapping jurisdiction
which are absolutely necessary to achieve uniformity of policy in demonstrable national interest.
4. There should be a continuing auditing role for the Inter-state Council in the management of
matters in concurrent or overlapping jurisdiction.
5. The period of six months prescribed in Article 201 for State Legislature to act when the bill is
returned by the President can be made applicable for the President also to decide on assenting
or withholding assent to a state bill reserved for consideration of the President.
6. Parliament should make a law on the subject of Entry 14 of List I (treaty making and
implementing it through Parliamentary legislation) to streamline the procedures involved. The
exercise of the power obviously cannot be absolute or unchartered in view of the federal
structure of
legislative and executive powers.
7. Financial obligations and its implications on state finances arising out of treaties and
agreements should be a permanent term of reference to the Finance Commissions constituted
from time to time.

A
8. While selecting Governors, the Central Government should adopt the following strict
guidelines as recommended in the Sarkaria Commission report and follow its mandate in letter

N
and spirit :
(i) He should be eminent in some walk of life

O
(ii) He should be a person from outside the state

S
(iii) He should be a detached figure and not too intimately connected with the local politics
of the states

R
(iv) He should be a person who has not taken too great a part in politics generally and
particularly in the recent past

U
9. Governors should be given a fixed tenure of five years and their removal should not be at the

S
sweet will of the Government at the Centre.
10. The procedure laid down for impeachment of President, mutatis mutandis
can be made applicable for impeachment of Governors as well.

S
11. Article 163 does not give the Governor a general discretionary power to act against or

E
without the advice of his Council of Ministers. In fact, the area for the exercise of discretion is
limited and even in this limited area, his choice of action should not be arbitrary or fanciful. It must

E
be a choice dictated by reason, activated by good faith and tempered by caution.
12. In respect of bills passed by the Legislative Assembly of a state, the Governor

Y
should take the decision within six months whether to grant assent or to reserve it for
consideration of the President.

A
13. On the question of Governor’s role in appointment of Chief Minister in the case of an
hung assembly, it is necessary to lay down certain clear guidelines to be followed as

R
Constitutional conventions. These guidelines may be as follows:
(i) The party or combination of parties which commands the widest support in the

T
Legislative Assembly should be called upon to form the Government.

A
(ii) If there is a pre-poll alliance or coalition, it should be treated as one political party and if
such coalition obtains a majority, the leader of such coalition shall be called by the
Governor to form the Government.

(iii)

B H
In case no party or pre-poll coalition has a clear majority, the Governor should select the
Chief Minister in the order of preference indicated here.
(a) The group of parties which had pre-poll alliance commanding the largest number
(b) The largest single party staking a claim to form the government with the support of
others
(c) A post-electoral coalition with all partners joining the government
(d) A post-electoral alliance with some parties joining the government and the remaining
including independents supporting the government from outside
14. On the question of dismissal of a Chief Minister, the Governor should invariably insist
on the Chief Minister proving his majority on the floor of the House for which he should prescribe a
time limit.
15. The Governor should have the right to sanction for prosecution of a state minister against
the advice of the Council of Ministers, if the Cabinet decision appears to the Governor to be
motivated by bias in the face of overwhelming material.
16. The convention of Governors acting as Chancellors of Universities and holding other
statutory positions should be done away with. His role should be confined to the Constitutional
provisions only.
17. When an external aggression or internal disturbance paralyses the state administration
creating a situation of a potential break down of the Constitutional machinery of the state, all
alternative courses available to the Union for discharging its paramount responsibility under
Article 355 should be exhausted to contain the situation and the exercise of the power under
Article 356 should be limited strictly to rectifying a “failure of the Constitutional machinery in the
state”.
18. On the question of invoking Article 356 in case of failure of Constitutional
machinery in states, suitable amendments are required to incorporate the guidelines set forth
in the landmark judgement of the Supreme Court in S.R. Bommai V. Union of India (1994). This

A
would remove possible misgivings in this regard on the part of states and help in smoothening
Centre-state relations.

N
19. Given the strict parameters now set for invoking the emergency
provisions under Articles 352 and 356 to be used only as a measure of “last resort”, and the

O
duty of the Union to protect states under Article 355, it is necessary to provide a Constitutional or
legal framework to deal with situations which require Central intervention but do not warrant

S
invoking the extreme steps under Articles 352 and 356. Providing the framework for “localised
emergency” would ensure that the state government can continue to function and the

R
Assembly would not have to be dissolved while providing a mechanism to let the Central
Government respond to the issue specifically and locally. The imposition of local emergency is

U
fully justified under the mandate of Article 355 read with Entry 2A of List I and Entry 1 of List II of the
Seventh Schedule.

S
20. Suitable amendments to Article 263 are required to make the Inter-State Council a
credible, powerful and fair mechanism for management of inter- state and Centre-state differences.

S
21. The Zonal Councils should meet at least twice a year with an agenda proposed by
states concerned to maximise co-ordination and promote harmonisation of policies and action

E
having inter-state ramification. The Secretariat of a strengthened Inter-State Council can function
as the Secretariat of the Zonal Councils as well.

E
22. The Empowered Committee of Finance Ministers of States proved to be a successful
experiment in inter-state co-ordination on fiscal matters. There is need to institutionalise similar

Y
models in other sectors as well. A forum of Chief Ministers, Chaired by one of the Chief Minister
by rotation can be similarly thought about particularly to co-ordinate policies of sectors like

A
energy, food, education, environment and health.
23.

R
New all-India services in sectors like health, education, engineering and judiciary should
be created.
24. Factors inhibiting the composition and functioning of the Second Chamber as a

T
representative forum of states should be removed or modified even if it requires amendment of
the Constitutional provisions. In fact, Rajya Sabha offers immense potential to negotiate acceptable

A
solutions to the friction points which emerge between Centre and states in fiscal, legislative and
administrative relations.

H
25. A balance of power between states inter se is desirable and this is possible

B
by equality of representation in the Rajya Sabha. This requires amendment of the relevant
provisions to give equality of seats to states in the Rajya
Sabha, irrespective of their population size.
26. The scope of devolution of powers to local bodies to act as institutions of self-government
should be constitutionally defined through appropriate amendments.
27. All future Central legislations involving states’ involvement should provide for cost
sharing as in the case of the RTE Act. Existing Central legislations where the states are
entrusted with the responsibility of implementation should be suitably amended providing for

A
sharing of costs by the Central Government.
28. The royalty rates on major minerals should be revised at least every three years without

N
any delay. States should be properly compensated for any delay in the revision of royalty beyond
three years.

O
29. The current ceiling on profession tax should be completely done away with by a
Constitutional amendment.
30.
S
The scope for raising more revenue from the taxes mentioned in article 268 should be

R
examined afresh. This issue may be either referred to the next Finance Commission or an
expert committee be appointed to look into the matter.

U
31. To bring greater accountability, all fiscal legislations should provide for an annual
assessment by an independent body and the reports of these bodies should be laid in both

S
Houses of Parliament/state legislature.
32. Considerations specified in the Terms of Reference (ToR) of the Finance Commission

S
should be even handed as between the Centre and the states. There should be an effective
mechanism to involve the states in the finalisation of the ToR of the Finance Commissions.

E
33. The Central Government should review all the existing cesses and surcharges with a
view to bringing down their share in the gross tax revenue.

E
34. Because of the close linkages between the plan and non-plan expenditure, an expert
committee may be appointed to look into the issue of distinction between the plan and non-plan

Y
expenditure.

A
35. There should be much better coordination between the Finance Commission and
the Planning Commission. The synchronisation of the periods covered by the Finance

R
Commission and the Five-Year Plan will considerably improve such coordination.
36. The Finance Commission division in the Ministry of Finance should be

T
converted into a full-fledged department, serving as the permanent
secretariat for the Finance Commissions.

A
37. The Planning Commission has a crucial role in the current situation. But its role should be
that of coordination rather that of micro managing sectoral plans of the Central ministries and the

H
states.
38. Steps should be taken for the setting up of an Inter-State Trade and Commerce

B
Commission under Article 307 read with Entry 42 of List-I. This Commission should be vested
with both advisory and executive roles with decision making powers. As a Constitutional body,
the decisions of the Commission should be final and binding on all states as well as the Union
of India. Any party aggrieved with the decision of the Commission may prefer an appeal to the
Supreme Court.
The Report of the Commission was circulated to all stakeholders including State Governments / UT
Administrations and Union Ministries / Departments concerned for their considered views on the
recommendations of the Commission. The comments received from the Union Ministries /
Departments and the State Governments / UT Administrations are being examined by ISC (Inter-State
22
Council) Secretariat and would be put up to the ISC for its consideration.

Table 14.1 Articles Related to Centre-State Legislative Relations at a Glance

Article
No. Subject Matter

245. Extent of laws made by Parliament and by the legislatures of states


Subject-matter of laws made by Parliament and by the legislatures of states
246.

Power of Parliament to provide for the establishment of certain additional courts


247.

248. Residuary powers of legislation

A
N
O
Power of Parliament to legislate with respect to a matter in the state list in the national
249. interest

Power of Parliament to legislate with respect to any matter in the

S
R
SU
ES
Y E
A
R
A T
B H
250. state list if a Proclamation of Emergency is in operation

Inconsistency between laws made by Parliament under articles 249 and 250 and laws made
251. by the legislatures of states

A
Power of Parliament to legislate for two or more states by consent and adoption of such
252. legislation by any other state

N
O
253. Legislation for giving effect to international agreements

S
Inconsistency between laws made by Parliament and laws made by the legislatures of states

R
254.

U
Requirements as to recommendations and previous sanctions to be regarded as matters
255. of procedure only

S
S
Table 14.2 Articles Related to Centre-State Administrative Relations at a Glance

E
Articl
e No. Subject Matter

256. Obligation of states and the Union

Y E
257.

A
Control of the Union over states in certain cases

R
Assistance to states by deployment of armed forces or other forces of the Union (Repealed)

T
257A.

A
Power of the Union to confer powers, etc., on states in certain cases
258.

258A.

259. B H
Power of the states to entrust functions to the Union

Armed Forces in states in Part B of the First Schedule (Repealed)

260. Jurisdiction of the Union in relation to territories outside India

261. Public acts, records and judicial proceedings

Adjudication of disputes relating to waters of inter-state rivers or


262. river valleys
263. Provisions with respect to an inter-state Council

Table 14.3 Articles Related to Centre-State Financial Relations at a Glance

Article

A
No. Subject Matter

N
Distribution of Revenues between the Union and the States

O
Duties levied by the Union but collected and appropriated by the states

S
268.

R
Service tax levied by Union and collected and appropriated by the Union and the states

U
268A.

S
269. Taxes levied and collected by the Union but assigned to the states

S
270. Taxes levied and distributed between the Union and the states

E
271. Surcharge on certain duties and taxes for purposes of the Union

272. Union and the states (Repealed)

Y E
Taxes which are levied and collected by the Union and may be distributed between the

273.

A
Grants in lieu of export duty on jute and jute products

R
Prior recommendation of President required to bills affecting taxation in which

T
274. states are interested

A
275. Grants from the Union to certain states

276.

277.

B H
Taxes on professions, trades, callings and employments

Savings

Agreement with states in Part B of the First Schedule with regard to certain financial
278. matters (Repealed)

279. Calculation of “net proceeds”, etc.

280. Finance Commission

281. Recommendations of the Finance Commission


Miscellaneous Financial Provisions

282. Expenditure defrayable by the Union or a state out of its revenues

Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to


283. the public accounts

A
Custody of suitors’ deposits and other moneys received by public servants and courts
284.

285. Exemption of property of the Union from state taxation

N
286.
Restrictions as to imposition of tax on the sale or purchase of goods

S O
287. Exemption from taxes on electricity

R
288.

SU
Exemption from taxation by states in respect of water or electricity in certain cases

S
289. Exemption of property and income of a state from Union taxation

290.

290A. Annual payment to certain Devaswom Funds

E E
Adjustment in respect of certain expenses and pensions

291.

AY
Privy purse sums of Rulers (Repealed)

R
Borrowing

T
292. Borrowing by the Government of India

A
293. Borrowing by states

1. H
is 52. The entries numbered as 11A, 17A, 17B, 20A and 33A have been added. See Appendix II.

B
Report of the Commission on centre-state Relations, Part I (Government
of India, 1988) PP. 28–29.
2. For example, under the Essential Commodities Act, made by the Parliament on a concurrent subject, the
executive power is vested in the Centre.
3. This provision (the power of the states to entrust functions to the Centre) was added by the 7th Constitutional
Amendment Act of 1956. Before that, only the Centre had the power.
4. For details in this regard, see Chapter 15.
5. Constituent Assembly Debates, Volume VII, PP. 41-42.
6. For details, see Chapter 52.
7. For details, see Chapter 74.
8. For details, see Chapter 15.
12. Entries—82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 92A, 92B, 92C and 96.
See Appendix II.
13. Entries—45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61,
Election Commission
he Election Commission is a permanent and an independent body established by

T the Constitution of India directly to ensure free and fair elections in the country. Article 324
of the Constitution provides that the power of superintendence, direction and control of
elections to parliament, state legislatures, the office of president of India and the office
of vice- president of India shall be vested in the election commission. Thus, the Election
Commission is an all-India body in the sense that it is common to
both the Central government and the state governments.
It must be noted here that the election commission is not concerned with the elections to
panchayats and muncipalities in the states. For this, the Constitution of India provides for a separate

A
1
State Election Commission .

N
COMPOSITION
Article 324 of the Constitution has made the following provisions with regard to the composition of election
commission:

1.
2.
S O
The Election Commission shall consist of the chief election commissioner and such number of
other election commissioners, if any, as the president may from time to time fix.
The appointment of the chief election commissioner and other election commissioners shall be

R
made by the president.
3.

U
When any other election commissioner is so appointed, the chief election
commissioner shall act as the chairman of the election commission.

S
4. The president may also appoint after consultation with the election commission such regional
commissioners as he may consider necessary to assist the election commission.

S
5. The conditions of service and tenure of office of the election commissioners and the regional
commissioners shall be determined by the president.

E
Since its inception in 1950 and till 15 October 1989, the election commission functioned as a
single member body consisting of the Chief Election Commissioner. On 16 October 1989, the

E
president appointed two more election commissioners to cope with the increased work of the election
2
commission on account of lowering of the voting age from 21 to 18 years. Thereafter, the Election

Y
Commission functioned as a multimember body consisting of three election commissioners. However,
the two posts of election commissioners were abolished in January 1990 and the Election

A
Commission was reverted to the earlier position. Again in October 1993, the president appointed two
more election commissioners. Since then and till today, the Election Commission has been

R
functioning as a multi-member body consisting of three election commissioners.
The chief election commissioner and the two other election commissioners have equal powers and

T
receive equal salary, allowances and other perquisites, which are similar to those of a judge of the
3
Supreme Court. In case of difference of opinion amongst the Chief election commissioner and/or

A
two other election commissioners, the matter is decided by the Commission by majority.
They hold office for a term of six years or until they attain the age of 65 years, whichever is

H
earlier. They can resign at any time or can also be removed before the expiry of their term.
INDEPENDENCE

B
Article 324 of the Constitution has made the following provisions to safeguard and ensure the
independent and impartial functioning of the Election Commission:

1. The chief election commissioner is provided with the security of tenure.


He cannot be removed from his office except in same manner and on the same grounds as a judge of
the Supreme Court. In other words, he can be removed by the president on the basis of a resolution
passed to that effect by both the Houses of Parliament with special majority, either on the ground
of proved misbehaviour or incapacity. Thus, he does not hold his office till the pleasure of the
president, though he is appointed by him.
2. The service conditions of the chief election commissioner cannot be
varied to his disadvantage after his appointment.
3. Any other election commissioner or a regional commissioner cannot be removed from office
except on the recommendation of the chief election commissioner.
Though the constitution has sought to safeguard and ensure the independence and impartiality of
the Election Commission, some flaws can be noted, viz.,

1. The Constitution has not prescribed the qualifications (legal, educational, administrative or
judicial) of the members of the Election Commission.
2. The Constitution has not specified the term of the members of the Election Commission.
3. The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.
POWERS AND FUNCTIONS
The powers and functions of the Election Commission with regard to elections to the Parliament, state
legislatures and offices of President and Vice-President can be classified into three categories, viz,

1. Administrative
2. Advisory
3. Quasi-Judicial
In detail, these powers and functions are:

A
1. To determine the territorial areas of the electoral constituencies throughout the country on
4

N
the basis of the Delimitation Commission Act of Parliament.
2. To prepare and periodically revise electoral rolls and to register all

O
eligible voters.

3.

S
To notify the dates and schedules of elections and to scrutinise
nomination papers.

R
4. To grant recognition to political parties and allot election symbols to them.
5. To act as a court for settling disputes related to granting of recognition to political parties and

U
allotment of election symbols to them.
6.

S
To appoint officers for inquiring intodisputes relating to electoral arrangements.
7. To determine the code of conduct to be observed by the parties and the candidates at the time
of elections.

S
8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of

E
elections.
9. To advise the president on matters relating to the disqualifications of the members of Parliament.

E
10. To advise the governor on matters relating to the disqualifications of the members of state

Y
legislature.
11. To cancel polls in the event of rigging, booth capturing, violence and other

A
irregularities.
12. To request the president or the governor for requisitioning the staff necessary for

R
conducting elections.
13. To supervise the machinery of elections throughout the country to ensure free and fair

T
elections.
14.

A
To advise the president whether elections can be held in a state under president’s
rule in order to extend the period of emergency after one year.

H
15. To register political parties for the purpose of elections and grant them the status of national
5
or state parties on the basis of their poll performance . The Election Commission is assisted by

B
deputy election commissioners.
They are drawn from the civil service and appointed by the commission with
tenure system. They are assisted, in turn, by the secretaries, joint secretaries, deputy secretaries and
under secretaries posted in the secretariat of the commission.
At the state level, the Election Commission is assisted by the chief electoral officer who is
appointed by the chief election commissioner in consultation with the state government. Below
this, at the district level, the collector acts as the district returning officer. He appoints a returning
officer
for every constituency in the district and presiding officer for every polling booth in the constituency.

6
VISION, MISSION AND PRINCIPLES

Vision The Election Commission of India strives to be an Institution of Excellence by enhancing active
engagement, participation; and deepening andstrengtheningelectoraldemocracyinIndiaandglobally.

Mission The Election Commission of India maintains independence, integrity and autonomy; ensures
accessibility, inclusiveness, and ethical participation of stakeholders; and, adopts highest standards of
professionalism for delivering free, fair, and transparent elections to strengthen the trust in electoral democracy and
governance.

Guiding Principles The Commission has laid down for itself guiding principles of good governance:
1. To uphold the values enshrined in the Constitution viz, equality, equity,
impartiality, independence; and rule of law in superintendence, direction and control over the
electoral governance;
2. To conduct elections with highest standard of credibility, freeness, fairness, transparency,
integrity, accountability, autonomy and professionalism;
3. To ensure participation of all eligible citizens in the electoral process in an inclusive voter

A
centric and voter-friendly environment;

N
4. To engage with political parties and all stakeholders in the interest of electoral process;
5. To promote awareness about the electoral process and electoral governance amongst

O
stakeholders namely, voters, political parties, election functionaries, candidates and people at
large; and to enhance and strengthen confidence and trust in the electoral system of this country;

S
6. To develop the human resource for effective and professional delivery of electoral services;
7. To build quality infrastructure for smooth conduct of electoral process;
8. To adopt technology for improvement in all areas of electoral process;
R
U
9. To strive for adoption of innovative practices for achieving excellence and overall realization

S
of the vision and mission;
10. To contribute towards the reinforcement of democratic values by maintaining and
reinforcing confidence and trust of the people in the electoral system of the country.

ES
Y E
A
R
A T
B H
KASHMIR ARTICLE 370 by Mohan Krishen Teng

6.0 CHAPTER 3: ARTICLE 370


When Maharaja Hari Singh acceded to India on 26 October 1947, he
ceded to the Dominion Government, powers with regard to the

A
subjects the other Indian States had also delegated to the
Dominion. The subjects were listed in the Schedule attached to the

N
Instrument of Accession and included:

O
• Military, air and naval forces of the Dominion, armed forces raised

S
or maintained by the Dominion or maintained by the State operating
with any of the armed forces of the Dominion, naval, military and air force works and

R
the administration of the Cantonments arms, ammunition and explosives;
• External affairs, treaties, and agreements with other countries, extradition,

U
admission, emigration, expulsion of nationals, regulation of movement of the foreign

S
nationals, pilgrimages to places outside India and nationalization;
• Communications, posts and telegraphs, telephones, wireless, broadcasting and other

S
communications, railways, shipping and navigation, admiralty jurisdiction, ports and
port authorities of delimitation-ports, port quarantine, air craft and air navigation;

E
aerodromes, air traffic, light houses, beacons, safety for shipping and air craft,
carriage of passengers and goods by sea and air and police force of the railways;

Y E
Election to the Dominion Legislature, offences against laws with respect to any of the
matters transferred to the Dominion of India, inquiries and statistics with regard to
these matters and the jurisdiction of all courts with regard to these matters.

A
R
The Dominion Legislature was empowered to legislate in regard to the subjects, which were
listed in the Schedule. Maharaja Hari Singh assumed the obligation to ensure that due effect

T
was given to the instruments of the Dominion Government applicable in the State by virtue
of the Instrument of Accession. The State was reserved powers in regard to all the residuary

A
subjects and the terms of the Instrument of Accession were not to be altered by any

H
subsequent amendment of the Indian Independence Act, unless such an amendment was
accepted by the Ruler of the State by a supplementary instrument. If an agreement was

B
made between the Governor General and the Ruler, whereby any function in relation to the
Dominion laws in the State was vested with the Ruler, such an agreement was to be
deemed to form a part of the Instrument of Accession.
Hari Singh did not commit himself to accept any future Constitution of India. However, he
reserved the right to enter into agreements with the Government of India under any future
Constitution of India. The Instrument of Accession did not effect the continuance of the
sovereignty of the Ruler in and over the State or the validity of any law in force in the State,
save as provided by or under the Instrument of Accession.
Express stipulations were incorporated in the Instrument of Accession, whereby the
Dominion Legislature was precluded to make laws authorizing compulsory acquisition of
land in the State. Hart Singh undertook to acquire land at the request of the Dominion
Government or at their expense or if it belonged to him, transfer it to them, on terms as
were agreed between him and the Government of India or in default of an agreement,
determined by an arbitrator to be appointed by the Chief Justice of India.

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The delegation of powers, envisaged by the Instrument of Accession, was not an exception,
specially admitted in favor of the Jammu and Kashmir State. It was a part of the broad
framework of constitutional arrangements which the State's Ministry of the Government of
India had evolved and within which the Indian States were invited to join the Indian
Dominion The accession stipulated a minimal transfer of power to the Dominion Government
and the State's Ministry offered to the Rulers of the States to accept the accession on a

A
basis whereby they would be permitted to retain most of the prerogatives they exercised
under the British Paramountcy. The major States and the Unions of the States were

N
reserved the right to convene separate Constituent Assemblies to frame their own
constitutions. The Mysore scheme, which formed the basis of the Interim Government in the

O
Jammu and Kashmir State, stipulated t convocation of a Constituent Assembly in the State
"to draft an Act for the government in the State". It was agreed upon by the Maharaja as

S
well as the Government of India that the Interim Government would put up proposals for
the election of a Constituent assembly to draft a Constitution for the government of the

R
State. "I am agreeable to your suggestion" Hari Singh wrote to Gopalaswami Ayangar, "that
the Interim Ministry should put up proposals for the election of the Constituent Assembly

U
and its composition, but I would like to add that besides the elected elements, I must have
the right to nominate a few persons to the Constituent Assembly out of the minority

S
communities and other persons having substantial interest in the State if the result of
election does not show their adequate representation." However, in most of the States and
the Unions of the States, the institution of constituent assemblies did not make much

S
progress, mainly due to the difficult problems of federal integration, the States presented. A

E
standard pattern of federal relations and the division of powers between the States and the
proposed Union of India was still to tee evolved and in the absence of a uniform pattern of

E
federal relations, the process of constitution making in the States was difficult. Constituent
Assemblies were instituted only in the Mysore State and two States-Unions: the States

Y
Union of Travancore-Cochin and the States-Union of Saurashtra.
In the Jammu and Kashmir State the process of Constitution-making was beset with many

A
more difficulties. The unsettled political conditions in the State, protracted conflict with
Pakistan and the occupation of a large part of the territory of the State by the invading

R
armies of that country and the disputations about the State in the United Nations relegated
the convocation of the Constituent Assembly into background. Besides, there was deep

T
divergence of opinion between the Maharaja and the Interim Government in regard to the
constitutional organization of the State as well as the proposed federal relation with India.

A
Hari Sing favored the implementation of the Mysore scheme and the inclusion o the State in
federal organization of India in accordance with the stipulation of the Instrument of

H
Accession. The outlook of the Conference leadership was characterized by ambivalence and
the Conference leaders made conflicting statements, which varied in their content and

B
emphasis from time to time and place to place. In effect they refused to reorganize the
validity of the political arrangements, the Instrument of Accession envisaged. They
considered the Instrument of Accession, signed by Maharaja Hari Singh as a "formal act"
which they called "Paper Accession" and claimed that the actual accession of the State of
India had been accomplished by the National Conference, which they claimed, represented
the people of the State. The Conference leaders did not accept that the Instrument of
Accession had integrated the State into the political jurisdiction, the Indian Dominion
described, and did not recognize any obligations which emanated from the accession of the
State to India, including the obligations which were involved in the delegation of powers to
the Dominion Government. The Conference leaders presumed that with the lapse of the
British Paramountcy the prescriptions, which had been imposed by the British Crown on the
sovereignty of the State, had terminated. To that extent, the Conference leaders reiterated
the stipulations of the Cabinet Mission plan, which underlined restoration of sovereignty to
the States after the Paramountcy was withdrawn. The Conference leaders went a step
further end claimed that since the treaties and engagements with the Rulers of the Indian

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

States were subsidiary to the Paramountcy, the lapse of Paramountcy had dissolved the
basis of the Dogra rule. Consequently they demanded the transfer of the authority of the
State to the Interim Government.
The Conference leaders insisted that the obligations undertaken by the Maharaja by virtue
of the Instrument of Accession were subject to their approval. Therefore, they did not
accept the accession of the State, as it was envisaged by the State Department or the

A
Maharaja. In fact, they visualized the accession of the State as an administrative
arrangement, which was arrived at between them and the Government of India, not

N
between the Maharaja and the Government of India.
The Conference leaders, had before the partition of India, committed themselves to a united

O
India, which they had presumed would be based upon reorganization of the British India
and the Indian States into autonomous political identities, mainly based upon the

S
reconciliation of communal balances. The partition, had, however, destroyed the basis of
Indian unity the Conference leaders had visualized and liberated the two Dominions from

R
the constraints any communal balances imposed upon them. The Constituent Assembly of
India had opted for a Union of India based on the secular integration of the people of India

U
rather than the recognition of communal balances and federal autonomy. In broad terms,
the Conference leaders took the position, which underlined:


S
The Jammu and Kashmir State was a Muslim majority State and in order to protect

S
its Muslim identity, it could not be brought within the political organization of India,
which was dominantly Hindu;

E
• The existing arrangements between the Maharaja and the Government of India could

E
not form the basis of the constitutional organization of the State or determine the
future of the State's constitutional relations with the Dominion of India;

Y
• The future Constitution of the State and the constitutional relations between the

A
State and the future federal organization of India would be determined by fresh
agreements between the Interim Government and the Government of India;

R
• The stipulation of the Instrument of Accession would be treated as redundant to the
extent such stipulations brought the State within the jurisdiction of the Dominion of

T
India.

A
The National Conference leaders pledged their support to the accession of the State, but

H
they refused to accept the secular integration of the State in the federal organization of
India. They claimed that the Jammu and Kashmir State was a Muslim majority State and as

B
such it could be placed in the Indian political organization only on the basis of communal
balances, as a separate and autonomous political entity, which did not form a part of the
constitutional organization of India.
Third Alternative
The Conference leaders gave first formal expression to their outlook immediately after the
cease-fire was accepted by India and Pakistan; and the fighting was suspended in the State.
On 3 January 1949, two days after the cease-fire came into force, the Interim Government
sent a long memorandum to the States Minister of the Government of India, Sardar Patel.
The memorandum was signed by all the members of the Interim Government, including
Girdhari Lal Dogra and Sham Lal Saraf. The Interim Government informed Patel that since
the National Conference would be required to approach the people of the State to seek their
support for India in the impending plebiscite, it would be necessary for the Conference to
explain its stand to the people in regard to the future constitutional organization of the
State and its position in the proposed federal structure of India. The Conference leaders

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

pointed out to the States Minister that Pakistan had launched a severe campaign against
Maharaja Hari Singh on the ground that the Maharaja represented the autocratic Hindu rule.
They affirmed that the Muslims in the State distrusted the Maharaja and considered the
Dogra rule as the symbol of their subjection. They proposed that in order to counteract the
propaganda unleashed by Pakistan, it would be proper to remove Maharaja Hari Singh,
banish him as well as the Maharani of the State from India and assure the Muslims in the

A
State that the future of the Dogra rule would be determined by the Constituent Assembly of
the State when it was convened.

N
The Conference leaders further wrote to Patel, that Pakistan had offered the Muslims of the
State complete independence in their internal affairs and freedom to frame a Constitution

O
for the government of the State without any interference from the State of Pakistan.
Pakistan, the memorandum pointed out, had gone so far as to offer to vest in the State

S
Government, powers with regard to the State army and communications, and assume only
such powers as were transferred to it in regard to defense and foreign affairs. In order to

R
neutralize the effect of the offer Pakistan had made, the Conference leaders suggested that
Government of India should also issue a declaration, which assured the Muslims in the State

U
that they would be ensured internal independence, the future constitutional organization of
the State would be framed by the Constituent Assembly of the State, the accession of the

S
State would be limited to three central subjects foreign affairs, defense and communications
and the future of the State army would be determined by agreement between the Interim
Government and the Government of India and till the agreement was reached the control of

S
the Spate army would be vested with the Indian army.

E
The proposals made by the Interim Government were received by the Indian leaders with
considerable consternation. Patel rejected the Proposals outright and informed the Interim

E
Government that the proposals involved issues, which were beyond the competence of the
States Ministry and therefore, could not be considered by him.

Y
The Conference leaders were flustered by the refusal of the States Ministry to countenance
the proposals they had made. Widespread rumors were set afloat by the Conference cadres

A
that Sardar Patel supported the perpetuation of the Dogra rule in the State alienate the
Muslims of Kashmir and pave the way for eventual cessation of the Kashmir valley to

R
Pakistan. Sheikh Mohammad Abdullah promptly wrote to Nehru that in case the proposals
made by the Interim Government were not accepted, the National Conference would not be

T
able to secure the support of Muslims for the accession of the State to India. Inside the
State, the Conference leaders launched a frontal attack on the Maharaja. Among the many

A
other allegations they brought against him, they accused him of interfering with the function
of the Interim Government and obstructing the political and economic reforms, which the

H
Conference leaders proposed to introduce in the State.
The tirade unleashed by the Conference leaders against the Maharaja disparaged the

B
Government of India. A meeting of the Indian leaders in which Nehru, Sardar Patel, Maulana
Azad and Gopalaswamy Ayangar participated was convened in Delhi to examine the issues
the Conference leaders had raised. A decision was reached to advise the Maharaja to leave
the State temporarily for some time and entrust his powers to his son Yuvraj Karan Singh.
It was also decided that the future of the Dogra rule would be determined by the
Constituent Assembly of the State after it was convened.
On 16 April 1949, Nehru had a long meeting with Sheikh Mohammad Abdullah in which
many of the issues raised by the Conference leaders were brought under discussion. Nehru
apprised Sheikh Mohammad Abdullah of the decisions he and his colleagues had arrived at,
with regard to the temporary removal of the Maharaja, the Constitution of the State and
future relations between the State and India. He also expressed his disapproval of the wild
accusations, the Conference leaders had made, against the Maharaja.
Nehru wrote to Patel on 17th April, and gave the States Minister a resume of his discussions
with Sheikh Mohammad Abdullah. He wrote to Patel:

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We know that Sheikh Abdullah and some of his colleagues have been very unwise in their
public remarks and they have properly criticized the Maharaja and asked for his removal. I
had a long talk with Abdullah last night and again pointed out to him very forcefully how
unfortunate and wrong his attitude was in this particular matter and how it was creating
difficulties not only for us but for himself. He repeated his old complaints, which included
the very faces that our intelligence of ricer has stated. He promised that he would say

A
nothing about the Maharaja in future, but he was very unhappy about it.
Nehru wrote to Patel that it would not be safe any further to allow the drift to continue and

N
proposed the removal of the Maharaja from the State. He suggested to Patel to ask
Maharaja Hari Singh to come to Delhi and advise him to leave the State for sometime.

O
Nehru wrote:
The consequences are undoubtedly bad and I feel that it is no longer safe for us to allow

S
matters to drift. You will remember that we discussed this matter fully sometime ago in
your house. Gopalaswami Ayangar and others were present. Ultimately we came to the

R
conclusion that the proper course to adopt was for us to take the attitude that it was for the
people of Kashmir in the Constituent Assembly to decide about the future of the Maharaja.

U
But even now it was highly desirable that the Maharaja should take some time of leave and
not remain in Kashmir. It was proposed to put this matter to the Maharaja and to ask him

S
to come to Delhi for the purpose. As he has not been here since then, I suppose nothing has
been done. Meanwhile, the situation deteriorates and an open conflict is going on in the
State between the adherents of the Maharaja and the adherents of Sheikh Abdullah.

S
While the Indian leaders were trying frantically to find a solution of the problems in the

E
State, and remove the Maharaja, Sheikh Mohammad Abdullah threw a bombshell in their
midst. In a press statement, he gave to an influential English newspaper "Scotsman" he

E
pleaded for the independence of the State. "Accession on either side cannot bring peace."
Abdullah stated. "We want to live in friendship with both Dominions. Perhaps a middle path

Y
between them, with economic cooperation with each, will be only way of doing it. But an
independent Kashmir must be guaranteed not only by India and Pakistan, but also by

A
Britain, the United States and other members of the United Nations. Sheikh Mohammad
Abdullah added further, "During the communal riots in the Punjab after partition, we tried in

R
our humble way to stem the wave of fanaticism. That is why I urged we should wait before
deciding our affiliation. I pleaded with both Dominions to help us first to win internal

T
emancipation before asking us to choose! India replied by refusing to make a standstill
agreement with the Maharaja; Pakistan did so. When during the crisis India accepted the

A
Maharaja's accession Pandit Nehru insisted that it was only provisional and that people must
decide later."

H
The Indian leaders received a rude jolt by the statements Sheikh Mohammad Abdullah
made. Patel wrote to Gopalaswami Ayangar:

B
You have probably seen the interview by Sheikh Sahib to Michael Davidson, which was
published in the Scotsman of 14 April 1949. A vehement exponent of accession to India
seems to have been converted to an "independent Kashmir". He wants absentee landlords,
most of whom have gone to Pakistan, to be expropriated. At the same time he has got,
according to the information brought here by Sethi of the Agricultural Ministry, large tracts
of valuable irrigated lands vacant lest non-Muslims should settle down on them, and this is
at a time when elsewhere we are asking for every inch of land to be cultivated.
Ayangar asked Dwarka Nath Kachru, personal secretary to Nehru, to visit Srinagar and
instructed him to convey to Sheikh Mohammad Abdullah, his disapproval of the statement
he had made. Ayangar instructed Kachru to inform Abdullah that he condemned his
statesman and considered it to be the first step in the plan to set up an independent State
of Jammu and Kashmir. Ayangar wrote to Sardar Patel:
My attention was drawn to the contents of this interview earlier in the day. It is a more
astonishing performance. Kachru, who is going to Kashmir tomorrow, has just been to see
me, and I am sending a message through him to Sheikh Abdullah. I have asked him to tell

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the latter that I condemn the Sheikh's action and that I feel that what he has told Micheal
Davidson and what the latter has published will have the most serious and mischievous
consequences both in India and abroad. I have asked him to inform the Sheikh that,
reading between the lines, I suspect a plan, the first step of which is this blessing by the
Premier of Kashmir of the idea of an independent Kashmir and this public expression of his
conviction that accession to India will not bring peace, and the first step of which may well

A
be perhaps one of the greatest betrayals in history.
It was, indeed, the greatest betrayal in history and later events proved that. As the scope of

N
the Security Council intervention in the dispute widened, the National Conference rapidly
draw closer to the idea of independence.

O
Sheikh Mohammad Abdullah treated Kachru with scant respect and told him that he had
never meant all that he had said in his press statement and that he had done some "loud

S
thinking". Ayangar had instructed Kachru to advise Sheikh Mohammad Abdullah to
contradict the press statement he had given. When Kachru asked Sheikh Mohammad

R
Abdullah to recant his statement, the latter refused to do so.
Maharaja's Removal

U
Patel, who had already invited Maharaja Hari Singh to come to Delhi, sent a fresh
communication to him, advising him to come to Delhi without any delay. "I hope" Patel

S
cabled to the Maharaja, "Your Highness received message sent by Shanker on my behalf by
telegram and through your assistant private secretary about necessity of coming as early as
possible. I am sorry to note that there had been no response from Your Highness so far.

S
Matters which I propose to discuss with you admit of no delay and I should therefore be

E
grateful if you come here as soon as possible."
Hari Singh hurried down to Delhi and met Patel on 29 April 1949. Maharani Tara Devi was

E
also present. Patel disclosed to the Maharaja that Sheikh Mohammad Abdullah was insisting
upon his addiction. He told the Maharaja that though the Government of India was not

Y
prepared to accept his addiction, they would still like him to leave the State for some time
temporarily and appoint the Yuvraj, the Regent of the State in his absence Patel told Hari

A
Singh that his absence from the State would be in the interests of the State as well as India,
particularly in view of the complications which had arisen from the plebiscite proposals then

R
being actively pursued in the United Nations. Hari Singh was stunned.
Posterity alone will judge the Indian leaders for their decision to remove Maharaja Hari

T
Singh to keep the Conference leaders on their side. Hari Singh never asked Patel whether
India would win the plebiscite after he had left. If he had asked, the bluff would have been

A
called off. Patel assured the Maharaja that his stay outside the State would be "a temporary
phase" and he would return to the State after a settlement with regard to the plebiscite in

H
the State had been finalized. Of the Congress leaders, Hari Singh trusted Patel alone, and
he put his ship in Patel's hands. Patel drove him straight to the reefs. In utter distress Hari

B
Singh wrote to Patel:
I should like to say at the outset that I was completely taken aback by this proposal, but
coming as it did from you, in whom I have since the very beginning placed implicit trust and
confidence and whose advice I have throughout followed on the many questions affecting
me personally and my State both in the present and in future, I have been able somehow to
adjust myself to it. I would not, however, be human if I did not express my sense of keen
disappointment and bewilderment at having been called upon to make such a sacrifice of
personal prestige, honor and position when all along I have been content to follow,
sometimes even against my own judgement and conscience the advice in regard to the
constitutional position in the State which I have been receiving from the Prime Minister of
India or yourself, sometimes against arrangements which were agreed to only a few months
before. Nor would it be fair on my part to conceal from you my own feeling that while
Sheikh Abdullah has been allowed to depart, from time to time as suited his inclinations,
from the pledged and written word, to act consistently in breach of the loyalty which he
professed to me prior to his release from jail and the oath of allegiance which he took when

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he assumed of lice, and to indulge openly along with his colleagues in a campaign of
vitrification and foul calumny against me, both inside the State and outside, I should have
had to be driven from position to position - each of which I thought I held on the advice of
the State Ministry.
The contrast naturally fills me with poignant feelings. However, I once again putting any
complete trusts in your judgement and benevolent intentions towards us, I might be

A
prepared to fall in with your wishes and to absent myself from the State for a period of
three or four months in consideration of the fact as emphasized by you, namely,

N
complications created by the reference to UNO and the plebiscite issue.
Seeking assurances from Patel that his absence from the State would not be construed as a

O
prelude to his abdication, he wrote to Patel:
I should like to be assused that this step is not a prelude to any idea of abdication. I should

S
like to make it clear now that I cannot enters the latter idea even for a moment and am
fully prepared to take the consequences. I regard such a demand from my Prime Minister

R
and his colleagues as a clear breach of the many understandings on which constitutional
arrangements have been based from time to time and a positive act of his disloyalty,

U
treachery and deception.
Sheikh Abdullah should be clearly told to stop the campaign of vilification against me and to

S
abandon all activities, both on his part and that of his followers, aimed at securing my
abdication. I feel that the sacrifice which I am being called upon to make would be in vain if
I continued to be the target of their public and private utterances.

S
Patel reiterated the assurances he had given to Hari Singh adding that the future

E
constitutional organization of the State would be determined by the Constituent Assembly of
the State. He wrote to Hari Singh:

E
Regarding the points which Your Highness has referred to me, I should like to state that the
question of Your Highness' abdication does not arise. We have made the position quite plain

Y
to Sheikh Mohammad Abdullah, and we hope there will be an end to the public
controversies centering round this matter as well as to the derogatory reference to Your

A
Highness in the press and on the platform in the State. Your Highness will, of course,
appreciate that the future Constitution of the State would be determined by the duly elected

R
Constituent Assembly.
After the arrangements for the removal of Maharaja Hari Singh were completed, the

T
Conference leaders were invited to Delhi to finalize a settlement with regard to the
constitutional organization of the State and its position in the future organization of State. A

A
decision had already been arrived by the Conference of State Premiers that instead of
convening separate Constituent Assemblies in the States to frame the State Constitutions,

H
the Constituent Assembly of India would draw up uniform constitutional provisions for the
States. Since the National Conference leadership did not accept the decision of the Premiers

B
Conference, separate arrangements had to be reached between the State and the Indian
Government. Consequently, a Conference of the Conference leaders and the Central leaders
was held in Delhi in May 1949.
Delhi Conference
The deliberations of the conference covered almost all the aspects of constitutional
organization of the State and the relations between the State and the Union of India. Nehru
informed the National Conference leaders of the agreement reached with Maharaja Hari
Singh and told them that it had been agreed upon that a Constituent Assembly would be
convened in the State which would determine the future of the Dogra rule and draw up a
Constitution for the government of the State. Nehru further outlined the broad basis of the
constitutional relations between the State and the Union of India and proposed the inclusion
of Jammu and Kashmir in the constitutional organization of India with such modification as
would suit the specific historical and political antecedents of the State. He proposed the
application of the Constitution of India to the State with regard to the fundamental rights,
principles of State Policy and the federal judiciary. He also proposed the extension of the

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Union jurisdiction to the State with regard to the subjects included in the Central List of the
Constitution of India, which enumerated the powers of the Union Legislature.
While he Conference leaders accepted the proposals that the Constituent Assembly of the
State would determine the future of the Dogra rule and draw up the Constitution of the
State, they did not endorse the proposals for the temporary removal of the Maharaja, and
the appointment of a Regent from the ruling family. They insisted upon the abdication of the

A
Maharaja and emphasized that the temporary removal of the Maharaja would not ally the
fears of the Muslims in the State, who identified the Dogra rule with their subjection.

N
In regard to the constitutional relations between the State and the Union of India, the
argument of the Conference leaders was more Involved. They refused to accept the

O
inclusion of the State in the territorial jurisdiction and the constitutional organization of
India and refused to commit themselves to the acceptance of any application of the

S
Constitution of India to the State in respect of the matters which did not correspond to the
terms of the Instrument of Accession, and which had been approved by the Interim

R
Government. The Conference leaders, in effect, proposed to create separate instruments
which would be independent of the Constitution of India and which would determine the

U
constitutional relations between the State and the Union of India. They particularly refused
to accept the application of the Constitution of India to the State with regard to the

S
fundamental rights, principles of State policy and the federal judiciary on the ground that
the provisions with regard to the fundamental rights and the principles of state policy would
be incorporated in the Constitution of the State and the extension of the jurisdiction of the

S
federal judiciary, therefore, would be unnecessary.

E
The Conference leaders expressed strong reservations about the transfer of the State army
to the Union and demanded the restoration of the State army to the Interim Government.

E
They claimed that after the emergency was over and the Indian forces were withdrawn from
the State, the State army would take over the defense of the State. The Conference leaders

Y
complained that during the Dogra rule, the State army had always been a close preserve of
the Hindu Rajputs, excluding the Muslims and proposed its reorganization to rectify the

A
deficiency of the Muslims in its ranks. They sought overtly to convey to the Central leaders,
that they did not recognize that the deployment of the Indian troops in the State was a part

R
of the arrangements envisaged by the Instrument of Accession and the powers of the
Government of India in regard to the defense of the State, did not include the control and

T
disposition of the armed forces of the State. The Conference leaders obviously presumed
that the Indian forces had been deployed in the State to repel the invading armies of

A
Pakistan and after that was achieved, they would be withdrawn and defense of the State
would be entrusted to the Muslim ranks of the State army which the Interim Government

H
would, in the meanwhile raise.
The Conference leaders underlined the following bases for the constitutional organization of

B
the State and its constitutional relations with the Union of India:

• That a separate Constituent Assembly would be convened in the State, on the basis
of universal adults franchise to draw up the Constitution of the State;
• That the Dogra rule would be abolished and the Maharaja would be replaced by a
Chief Executive, who would for the time being be nominated by the Interim
Governments;
• The powers of the Maharaja, including the powers reserved for the Maharaja, would
be transferred to the Interim Government;
• That the constitutional relations between the State and the Union would be limited to
the division of powers between the State and the Dominion Government stipulated
by the Instrument of Accession, subject to such modifications as the Interim
Government would specify;

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• The residuary powers would be vested with the State Government;


• The provisions of the Constitution of India, except those which were deemed to
correspond to the stipulations of the Instrument of Accession by the Interim
Government, would not apply to Jammu and Kashmir;
• The control over the State army would be restored to the State Government;

A
• The existing financial relations between the State and the Dominion Government
would continue.

The central leaders did not approve of the position taken by the Conference leaders and
N
O
insisted upon the application of the provisions of the Constitution of India to the State of

S
Jammu and Kashmir in regard to the territorial jurisdiction of the Union, Citizenship,
fundamental rights and the related legal guarantees, federal judiciary and the principles of

R
State policy. Nehru pleaded for the formulation of a uniform Bill of Rights for all the people
in India, including the people of the Jammu and Kashmir State. He told the Conference

U
leaders that no people in India, whatever the exigencies of the situation, in which they were

S
placed, would be deprived of the rights and the safeguards which the Constitution of India
would envisage and no State Government in India including the Government of Jammu and

S
Kashmir, would be vested with the authority to restrict or limit such rights and safeguards.
Nehru laid great stress on the application to the State of the principles of State policy of the

E
Constitution of India, which he claimed the Constituent Assembly of India had evolved with

E
great pride and which promised the people of India, social justice, freedom from want,
protection against exploitation, expansion of education, the eradication of untouchability,

Y
protection of children and better standards of life.

A
The central leaders did not accept the contention of the Conference leaders in regard to the
State army and explained to the Conference leaders that the Dominion Government had

R
assumed exclusive power over the defense of the State and taken over the operational as
well as administrative control of the defense forces of the State. The central leaders pointed
out to the Conference leaders that the transfer of powers to the Dominion (Government

T
about the State army had been accomplished by Instrument of Accession and the
responsibility of the defenses of the State rested with the Government of India and could

A
not be, under any circumstances, transferred to the State, even after the present
emergency had ended. With regard to the recruitment of Muslims to the State army, Nehru

H
assured the Conference leaders, that all people in India, including the people in the State,

B
would enjoy equality of opportunity guaranteed by the Constitution of India and therefore,
the Muslims in the State would not suffer any discrimination in respect of their recruitment
of the State army.
An agreement was finally reached between the central leaders and the National Conference
leaders, which envisaged that,

• The provisions of the Constitution of India with regard to the Government in the
States would not apply to the Jammu and Kashmir State;
• The Constitution of the State would be framed by the Constituent Assembly of the
State, which would represent the people of the State;
• The future of the ruling family of Maharaja Hari Singh would be decided by the
Constituent Assembly of the State;
• The division of powers between the State and the Union would be based on the
terms specified by the Instrument of Accession and the Union jurisdiction would

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extend to the subjects in respect of which the Dominion Government had assumed
powers by virtue of the Instrument of Accession;
• The Constituent Assembly of the State would determine such other subjects which
would be transferred to the Union and in respect of which the Union would assume
jurisdiction over the State;

A
• The provisions of the Constitution of India with regard to the jurisdiction of the
Union, Citizenship of the Union, fundamental rights, and the related legal safeguards,

N
principles of State policy and the jurisdiction of the federal judiciary would extend to
the State, subject to the modifications that the provisions would not impinge upon

O
the special domicilliary rights in force in the State and the economic reforms the

S
Interim Government would undertake;
• The administrative and the operational control of the State army would remain

R
vested with the Indian army;
• The President of the Indian Union would be vested with the powers to modify or

U
terminate the operation of the specific provisions of the Constitution of India in

S
regard to the Jammu and Kashmir State, on the recommendations of the Constituent
Assembly of the State.

ES
It was agreed upon between the Conference leaders and the Central leaders that the
Maharaja would, in accordance with the agreement reached between him and the

E
Government of India, leave the State temporarily along with the Maharani and Karan Singh,
the Yuvraj, would be appointed the Regent of the State in his place. It was, however,

Y
decided that the removal of the Maharaja would not form a part of the formal agreement

A
reached between the Conference leaders and the central leaders, on the constitutional
organization of the State and its placement in the Indian Union. Agreement was also

R
reached between the Conference leaders and the central leaders with regard to the
representation of the Jammu and Kashmir State in the Constituent Assembly India. Jammu

T
and Kashmir did not join the Constituent Assembly of India before it acceded to India, nor
were any representatives of the State deputed to the Constituent Assembly of India after its

A
accession. Out of the ninety-three seats allowed to the States in the Constituent Assembly,

H
Jammu and Kashmir was allotted four seats. It was agreed upon that the representatives of
the State would be selected by the Interim Government and formally nominated by the

B
Maharaja.
Hardly a day after the Conference at Delhi was over, Sheikh Mohammad Abdullah addressed
a long note to Nehru, seeking fresh clarifications on a number of issues on which decision
had been reached between the National Conference leader and the central leaders. Nehru
was dismayed at the manner in which the Conference leaders sought to raise fresh
controversies with regard to constitutional organization of the State. He wrote to Abdullah:

• In the course of talks at Sardar Patel's residence on 15 and 16 May 1949 between
some of my colleagues and me and you and your colleagues, important issues raised
by you in regard to the future of Jammu and Kashmir State were discussed.
• Among the subjects that were discussed were: (i) framing of the Constitution of the
State; (ii) the subjects in respect of which the State should accede to the Union of
India; (iii) monarchical form of government in the State; (iv) the control of the State

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Forces; and (v) the rights of the citizens of the State of equality of opportunity for
service in the State army.
• As regards (i) and (iii), it has been the settled policy of the Government of India,
which on many occasions has been stated both by Sardar Patel and me, that the
Constitution of Jammu and Kashmir State is a matter for determination by the

A
people of that State represented a Constituent Assembly convened for the purpose.
In the special circumstances of the State of Jammu and Kashmir, the Government of

N
India have no objection to the Constituent Assembly of the State considering the
question of the continuance of the association of the State with a constitutional

O
monarchy.

S
• In regard to (ii) Jammu and Kashmir State now stands acceded to the Indian Union
in respect of three subjects, namely foreign affairs, defense and communications. It

R
will be for the Constituent Assembly of the State, when convened, to determine in
respect of what other subjects the State may accede.

U
• Regarding (iv) both the operational and administrative control over the State Forces

S
has any been, with the consent of the Government of Jammu and Kashmir, taken
over by the Indian Army. The final arrangements in this connection, for the duration

S
of the present emergency, including financial responsibility for the expenditure
involved, were agreed to between us on the 16th instant.

E
• As regards (v) the citizens of the State will have equality of opportunity for service in

E
the Indian army. Under Article 10 of the draft of the new Constitution as passed by
the Constituent Assembly of India, equality of opportunity for employment under the

Y
State, including employment in the Indian Army is declared to be amongst the

A
fundamental rights of all Indian citizens.
• I trust that the Government of India's position, as stated above, will give you the

R
clarification that you have asked fords.

T
Nehru visited Srinagar in the last week of May and had further discussions with Sheikh
Mohammad Abdullah and the other leaders of the National Conference on the special

A
position State would assume in the constitutional organization of India In fact, Sheikh

H
Mohammad Abdullah had raised many disquieting issues in his communication to Nehru
particularly about the administrative control of the State army during the emergency, the

B
division of powers between the Central Government and the State and the future
Constitution of the State.
Nehru assured Abdullah and the other leaders of the Conference that the future Constitution
of the State would be drafted by the Constituent Assembly of the State and the future of the
ruling dynasty would also be determined by the Constituent Assembly of the State. He
further assured the Conference leaders that the division of powers between the State
Government and the central Government of India would be governed by the provisions of
the Instrument of Accession and the Union legislature would exercise such powers in
relation to the State, as were transferred to the Dominion Government in accordance with
the Instrument. Nehru told the Conference leaders that the operational and administrative
control of the State army was vested with the Indian army command in pursuance of the
agreements with the State Government but he reassured the State leaders that recruitment
to the State forces would not he prejudiced by any considerations of caste, religion and
place of birth.

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Nehru assured the Conference leaders that the provisions of the Constitution of India, not
incidental to the Instrument of Accession would not be extended to the State and the
Constituent Assembly of the State would be vested with the residuary authority to formulate
constitutional provisions with regard to matters which were not covered by the Constitution
of India. He, however, told the Conference leaders that the provisions of the Constitution of
India which envisaged the territorial jurisdiction of India, Indian citizenship, rights and

A
obligations of the people of India and the related legal guarantees, the Directive Principles
of the State Policy, the jurisdiction of the federal court in regard to the settlement of

N
disputes between the Central Government and the States and the enforcement of
constitutional rights, powers of the Government of India to deal with emergencies arising

O
our of war, invasion or internal disturbances and the elections, would be applicable to the
Jammu and Kashmir State, because such application emanated from the fact of accession of

S
the Indian States to the Dominion of India. Many powers, Nehru told the Conference
leaders, were assumed by the Government of India in regard to the State, because they

R
were inherent in the accession of the States. He further told the Conference leaders that the
provisions of the Constitution of India with regard to the Government of India would also be

U
applicable to the State, subject to the exceptions incorporated in the Instrument of
Accession, mainly because the Government of India could exercise powers in regard to the

S
State which were conferred upon it by the Constitution of India. Nehru pointed out to the
Conference leaders that any Constitution of the State of Jammu and Kashmir could not vest
powers in the instruments which it did not create and, therefore, could not vest powers in

S
the Government of India, which the Constitution of India did not defined.

E
Nehru asked Patel to communicate to Maharaja Hari Singh the terms of the agreement
which had been arrived at with the Conference leaders Hari Singh was informed of the

E
negotiations at Delhi but, at no stage was he consulted about the arrangements the
Government of India sought to reach with the Conference leaders. Nehru wrote to Patel:

Y
I hope that this will be an end to the squabbles that have been going on in public. This has
been impressed upon Sheikh Abdullah and I am pointing this out to him again in a separate

A
letter.
I take it that the Maharaja and the Maharani will keep out of the State, as agreed upon, for

R
some months. The Bombay house will be at their disposal. It would have been better if they
had gone out of the country for a period, say two or three months, but that is a matter for

T
them to decide. I do not think any period would be fixed for the Maharaja's absence from
Kashmir. The matter had better be left vague.

A
The Maharani naturally dislikes intensely the idea of being away from her son. I do not think
it is necessary for her to be kept absolutely away and she can certainly visit her son later

H
from time to time. But for the present, I think it would be to the advantage of all concerned,
including the Maharaja and the Maharani, for both of them to stay away for a while.

B
I hope you will explain to the Maharaja and the Maharani as well as the Yuvraj the
agreements arrived at between us and Sheikh Abdullah and his colleagues. The written
agreement rightly does not say anything about the Maharaja going out of the State. But this
was a private assurance given by us and we have naturally to stand by it.
The Interim Government nominated four members to represent the Jammu and Kashmir
State in the Constituent Assembly of India. The nominations were referred to Hari Singh
who was staying at Debra Dun. In May 1949, Maharaja deputed the representatives to the
Constituent Assembly of India. The representatives of the State joined the Constituent
Assembly on June 6, lg49. On 9 June 1949, Maharaja Hari Singh announced by a
proclamation, his decision to leave the State and nominated his son Yuvraj Karan Singh, the
Regent of the State.
Hari Singh had hardly left the State, when the Conference leaders, who had by now
assumed complete control over the government of the State, began to extricate themselves
from the agreement, which they had reached with the Central leaders at Delhi in May. The
Conference leaders initiated a number of closed-door meetings in which the terms of the

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agreement reached with the Central leaders were subjected to serious consideration. Most
of the meetings were secretly organized and were confined to the Muslim leaders of the
Conference, the Sikhs and the Hindus being excluded. Prominent and influential Muslims
who had opposed the accession of the State to India, and senior Muslim officers of the State
Government who were opposed to the National Conference, were specially invited to attend
these meetings. Many among them were in clandestine contact with the Azad Kashmir

A
authorities on the other side of the cease-fire line and worked for the intelligence agencies
of Pakistan, which operated in the State. The feelings which were voiced in these meetings

N
broadly represented:

O
• That the National Conference leadership should not oppose the proposed plebiscite in
the State and accordingly should not accept the inclusion of the State in the

S
territorial jurisdiction or the constitutional organization which the Constitution of

R
India envisaged;
• That India was a predominantly Hindu majority State and the Muslims of Kashmir

U
would lose their identity if the State was integrated into the proposed constitutional
organization of India, in which the Hindus would always exercise dominance;

S
• That the Muslim majority character of the State should not be impaired and the only
safeguard to protect it would be to keep the State out of the constitutional

S
organization of India;

E
• That the convocation of the Constituent Assembly would at the time be premature
and the Assembly should be convened after the final decision with regard to the

E
accession of the State was reached and the part of the State under the occupation of

Y
Pakistan was reunited with the rest of the State;
• The Interim Government should devise a Constitution for the government of the

A
State.

R
The Conference leaders, including Sheikh Mohammad Abdullah, Mirza Afzal Beg and Mulana
Masoodi who had negotiated the agreement with the Central leaders in May at Delhi, tacitly

T
agreed with the views that the State should not be brought within the territorial jurisdiction

A
of the proposed Union of India or its constitutional organization and the Muslim majority
character of the State should form the basis of the relations between the State and the

H
Union of India. They also agreed with the view that the relations between the State and the

B
Union of India should be based on the terms which the Instrument of Accession specified for
the accession of the State of India
The Conference leaders decided to repudiate the agreement they had reached with the
Central leaders in May, and evolved fresh proposals on which they claimed, the
constitutional relations between the State and the Union of India would be based. The
proposals underlined that:

• The State would not be brought within the territorial jurisdiction of the proposed
Union of India or its constitutional organization;
• The constitutional relations between the State and the proposed Union of India would
be based on the terms of the Instrument of Accession;

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

• The administrative control over the State forces would be restored to the State after
the forces were reorganized and the State was In a position to undertake their
operational control;
• No instruments, including the Constituent Assembly of the Jammu and Kashmir State
would be vested with any constituent power to change and modify the existing

A
constitutional relationship between the State and India;
• The Constituent Assembly of the State would be vested with the power to draw up

N
the Constitution of the State which would envisage provisions pertaining to the
quality of judicial review, the quantum of individual freedom and the related legal

O
safeguards, principles of the State policy and election to the representative bodies

S
envisaged by the Constitution.

R
The Conference leaders did not apprise the central leaders of their views till the draft
provisions of the Constitution of India were drawn up and sent to the Conference leaders for

U
their approval. The draft provisions were based on the agreement, which had been

S
concluded between the Conference leaders and the central leaders. The draft provisions
were enshrined in draft Article 306-A of the Constitution of India. The Article stipulated:

S
The provisions of the Constitution of India with regard to Part B States would not
apply to the Jammu and Kashmir State;

E
E
• A Constituent Assembly would be convened in the State to draft the Constitution of
the State;

Y
• Provisions of the Constitution of India with regard to the territories of India, Indian

A
citizenship, fundamental rights and the related legal safeguards and the Directive
Principles of the State Policy would apply to the State;

R
• The other provisions of the Constitution of India would apply to the State with such
exceptions as were mutually agreed upon between the Government of India and the

T
State Government;
• The Union would exercise powers with regard to the subjects, which were specified

A
by the President of India to correspond with the subjects transferred to the Dominion

H
Government by the Instrument of Accession, in consultation with the State
Government, and such other subjects as would be specified by the President of India

B
in concurrence with the State Government;
• The President of India would be empowered to modify, restrict or suspend the
operation of the provisions of Article 306-A, on the recommendations made by the
Constituent Assembly of Jammu and Kashmir State.

The Working Committee of the Conference sat in several sessions to examine the draft and
as was anticipated, refused to approve it. The Uncorking Committee resolved that the
National Conference could not accept the stipulations of Article 306-A, as a basis for
constitutional relations between the State and the Union of India. The Working Committee
disapproved of the preamble to Article 306-A, which stipulated that the provisions of the
Article would be of a transitional nature and would be subject to modification by the
Constituent Assembly of the State. The Working Committee also disapproved of the

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

application of any provisions of the Constitution of India to the State except the provisions,
which corresponded to the terms of the Instrument of Accession. The Working Committee
expressed the fears that the application of the provisions of the Constitution of India with
regard to citizenship, fundamental rights and the related constitutional legal guarantees
would prejudice the domicilliary State-Subjects Rules in force in the State.

A
N
The State Subject rules imposed restrictions on people who were not state subjects in

O
respect of immovable property in the State, state services, and other rights, which were
available to the state subjects.

S
R
Almost all the Muslim members of the Working Committee of the Conference denounced the
settlement, which the Conference leaders had reached with the Central leaders in May at

U
Delhi. The Hindu and the Sikh members of the Committee watched the proceedings with
helpless indignation. Few of the Conference leaders registered their disagreement with the

S
decisions the Working Committee had taken. The small section of the leadership, which felt
ravaged over the developments in the Conference, hailed from Jammu. The people of

S
Jammu, they knew, would never support the move to keep the State out of the
constitutional organization of India and any attempt to do so would not only alienate them

E
but would evoke severe resistance from them.
On October 12, 1949, Sheikh Mohammad Abdullah communicated to Gopalaswami Ayangar

E
the decisions of the Working Committee and informed him that the Working Committee had
disapproved of the draft constitutional provisions embodied in Article 306-A. Abdullah

Y
informed Ayangar that the Working Committee had refused to accept that the constitutional

A
provisions with regard to the State would be of transitional nature and would be subject to
modification by the Constituent Assembly of the State. He informed Ayangar that the

R
Working Committee had disapproved of the application of the Constitution of India to the
State except in respect of those of its provisions, which corresponded, to the terms of the
Instrument of Accession. The Working Committee had expressed fears, Abdullah informed

T
Ayangar, that the application of the provisions of the Constitution of India, pertaining to the
Indian citizenship, the fundamental rights and the Directive Principles of State Policy would

A
prejudice the domicillary State-subject rules. Sheikh Abdullah sent an alternative draft to
Gopalaswami Ayangar, which stipulated the application of only such provisions of the

H
Constitution of India to the State, as corresponded to the stipulations of the Instruments of

B
Accession. Sheikh Mohammad Abdullah added an explanation to his draft which defined the
State Government as "the Ruler of the State acting on the advice of the Council of Ministers
appointed under the proclamation of the Maharaja dated 5 March 1948."
Ayangar received a jolt when the communication of the Conference was delivered to him.
On 14 October 1949, he had a long meeting with Sheikh Mohammad Abdullah and Mirza
Afzal Beg, and tried to persuade the Conference leaders to accept the draft provisions of
Article 306-A. Ayangar explained to the Conference leaders that the State would be
reserved the right to frame a Constitution for its government and would be vested with all
powers of the government except those which had been transferred to the Dominion
Government by the Instrument of Accession. However, he told the Conference leaders that
the accession of the State underlined that the State would be brought within the broad
structure of the imperatives, the Constitution of India envisaged. The Conference, leaders
stuck to their stand and told Ayangar bluntly that the State had acceded to India in regard
to only three subjects: foreign affairs, defense and communications and retained its
independence in all other aspects. They told Ayangar that it was on that understanding that

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the people of the State had supported accession of the State to India and since the
Conference owed a duty to the people, they would not be able to accept the these
provisions. The meeting ended without a settlement.
Ayangar did not possess the acumen to deal with the Conference leaders. Nehru was away
in the United States of America. Over-weighed by the experience at the Security Council,
Ayangar dreaded to antagonize the Conference leaders. He gave way and redrafted the

A
provisions of Article 306-A, restricting the application of the Constitution of India to the
State to Article 1, which defined the territories of the Union, and the provisions pertaining to

N
Indian citizenship, and making the fateful omission of deleting the provisions with regard to
the fundamental rights and the related constitutional safeguards. He wrote to Sheikh

O
Mohammed Abdullah:
Our discussion this morning, as I indicated to you, left me even more distressed than I have

S
been since I received your last letter from Srinagar.
But this personal reaction of mine is irrelevant when I feel weighed with the responsibility of

R
finding a solution for the difficulties that after Pandit Ji left for America and within the last
few days, have been created, from my point of view, without adequate excuse.

U
In spite of this personal feeling, I am anxiously keen now as ever I have been to see that
you are not given any cause for genuine or even imagined grievance in regard to the policy

S
that the Government of India are following, in relation to Kashmir. I have therefore, since
you left me this morning, tried to find a way out of the present situation in regard to Article
306-A.

S
I enclose a draft of Article 306-A with the language of it readjusted so as to meet practically

E
all your points.
I do not wish to write a thesis on the changes that I have made. You will be able to

E
recognize them easily. If you wish to have any further elucidation in the matter I would
request you to come over and discuss it frankly with me.

Y
I do hope you will appreciate the gesture I am making. If you are agreeable to this new
draft being substituted for the one of which the Drafting Committee had already given

A
notice, I shall ask the Drafting Committee to give notice of this draft in substitution of the
other one. Personally I should like you to move this draft yourself in the House. We shall be

R
there to support you, and I hope the debate would be maintained at such a high level that a
report on it, when cabled to America will have an effect on the discussions of the Kashmir

T
problem, that may there be going on which will be of the maximum help to Pandit Ji.
I am looking forward to your rising to the occasion.

A
Apparently Ayangar had learnt no lessons at the Security Council otherwise why should he
have concerned himself so seriously, in calling upon the Kashmir delegation to initiate the

H
debate on the special constitutional provisions for the State. Which high level of discussion,
he asked Sheikh Abdullah to maintain, so that Nehru would take advantage of it in America?

B
Sheikh Mohammad Abdullah had delivered a more spirited harangue in the Security Council
and that had earned both Abdullah and Ayangar more calumny. If Ayangar sought to please
Nehru, he should have realized that no one in America would have applauded him for
having framed the draft provisions of Article 306-A and having condemned the people of the
State, particularly the Hindus, the Sikhs and the Buddhist minorities, to servitude and
suffering. Ayangar had served the State as the Prime Minister to Maharaja Hari Singh for
more than six years and he was aware of the intricate balances of community demands,
regional pressures and amorphous class interests which characterized the political sociology
of the State. He, as well as Nehru had experienced the ruthless severity with which the
Conference leaders had sought to reorganize these balances and to establish fresh
alignments, which ensured political precedence for the Muslims in the State. Gilding the
perfidy, he wrote to Patel:
Sheikh Abdullah and two colleagues of his had a talk with me for about an hour and a half
this morning. It was a long drawn out argument, and, as I told you this morning, there was
no substance at all in the objections that they put forward to our draft. At the end of it all, I

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

told them that I had not expected that, after having agreed to the substance of our draft
both at your house and at the party meeting, they would let me and Pandit Ji down in the
manner they were attempting to do. In answer, Sheikh Abdullah said that he felt very
grieved that I should think so but that in the discharge of his duty to his own people he
found it impossible to accept our draft as it was. I told him thereafter to go back and think
over all that I had told them and hoped that he would come back to me in a better frame of

A
mind in the course of the day or tomorrow
I have since thought over the matter further and dictated a draft, which, without giving up

N
the essential stand we have taken in our original draft, readjusts it, in minor particulars in a
way, which I am hoping Sheikh Abdullah would agree tow

O
Patel, apparently, did not favor the modifications, Ayangar had made in Article 306-A. He
did not approve of the deletion of fundamental rights and Directive Principles of State Policy,

S
from the provisions of the Constitution of India, which would apply to the State. Perhaps,
Patel visualized the consequences to which such a course of action would inevitably lead. He

R
wrote to Ayangar:
I find there are some substantial changes over original draft, particularly in regard to the

U
applicability of fundamental rights and Directive Principles of State Policy. You can yourself
realize the anomaly of the State becoming a part of India and at the same time not

S
recognizing any of the provisions.
I do not at all like any change after our party had approved of the whole arrangement in the
presence of Sheikh Sahib himself. Whenever Sheikh Sahib wishes to back out, he always

S
confronts us with his duty to the people. Of course, he owes a duty to India or to the Indian

E
Government, or even on a personal basis, to you and the Prime Minister who have gone all
out to accommodate him.

E
In these circumstances any question of my approval does not arise. If you feel it the right
thing to do, you can go ahead with it.

Y
Ayangar's discomfiture did not end here. The revised draft of Article 306-A, was also
rejected by the Conference leaders. Sheikh Mohammad Abdullah wrote to Ayangar that it

A
was not possible for him and his colleagues to accept the revised draft as well. He sent an
alternative draft to Ayangar which underlined that the provisions of the Constitution of India

R
which corresponded to the terms of the Instrument of Accession would apply to the State
and the other provisions of the Constitution of India would apply to the State with the

T
approval of the Interim Government. Abdullah wrote to Ayangar that the alternate draft
"went far beyond the sphere in Aspect of which we had acceded to India". Meanwhile Afzal

A
Beg gave the Constituent Assembly the notice of an amendment in Article 306 A, which
sought to restrict the application of the Constitution of India to the terms of the Instrument

H
of Accession.
Ayangar met the Conference leaders again and tried to persuade them to accept the revised

B
draft. However, the Conference leaders did not relent. Finally, Ayangar drew up a fresh draft
in consultation with Afzal Beg, who was deputed by Sheikh Mohammad Abdullah to
negotiate a settlement with Ayangar. Abdullah pulled the strings from behind. The revised
draft stipulated:

• Article I would apply to the State and the State would be included in the territories of
the Union of India;
• No other provision of the Constitution of India would be applied to the State, except
with the approval of the Interim Government of the State;
• The division of powers between the Union and the State would be determined in
accordance with the terms of the Instrument of Accession;

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• The President of India would be empowered to terminate or modify the operation of


the Constitutional provisions with regard to the State on the recommendation of the
Constituent Assembly of the State;
• The State Government would be construed to mean the Maharaja acting on the
advice of the Council of Ministers appointed under his proclamation dated 5 March

A
1948.

N
The revised draft of Article 306-A was circulated in the Constituent Assembly on 16 October,
1949. It came up for the consideration of the Assembly the next day. Many of the members

O
of the Constituent Assembly objected to the explanation defining the Government of the

S
State and pointed out to Ayangar that the explanation vested the powers of the government
with the "Council of Ministers appointed-under the Maharaja's Proclamation dated 5 March

R
1948", in perpetuity and in effect excluded all subsequent government of the State from the
purview of the Constitution of India Ayangar had probably glossed over t anomaly involved

U
in the explanation. Ayangar modified the explanation in so far as the Government of the

S
State would be construed to mean the "person for the time recognized by the President as
the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the

S
time being in office under the Maharaja's Proclamation dated the fifth day of March 1948."
Ayangar informed the Conference leaders about the modifications he had made in the

E
explanation on the morning of 17 October 1949. The Conference leaders refused to approve

E
of the modification Ayangar had made. Ayangar along with Maulana Azad assured the
Conference leaders that the modification in the explanation was deemed necessary to avoid

Y
the discrepancy in Article 306-A, which implied a perpetual Interim Government. The

A
Conference leaders however, did not approve of the amendment and told Ayangar and Azad
that if the modifications to the explanation were not withdrawn, the Conference leaders

R
would move the amendment of which they had given notice to the Assembly before the
draft was revised by Ayangar and Beg.

T
Unable to bring round the Conference leaders to condescend to the changes he had brought
about in the draft provisions, Ayangar presented the draft Article 306-A to the Constituent

A
Assembly for its consideration The Conference leaders sulked away and did not join the
debate on the Wit provisions. They joined the deliberations of the Assembly after Ayangar

H
had already delivered a part of his speech. The Conference leaders watched the proceedings
in grim silence. "The President of the Assembly waited for a minute or two for members to

B
rise for making speeches before he put the draft to the House". The Conference leaders did
not rise to speak and did not move any amendment to the draft. The draft was adopted by
the Assembly without any dissent
The Conference leaders were bitter at the turn the events had taken. Sheikh Mohammad
Abdullah wrote a sharp rejoinder to Ayangar asking him to reconsider the decision the
Constituent Assembly had taken on Article 306-A. He wrote to Ayangar that if that was not
done, he would resign from the Constituent Assembly along with the other representatives
of the Jammu and Kashmir State. Sheikh Mohammad Abdullah wrote:
As I have told you before, I and my colleagues have been extremely pained by the manner
in which the thing has been done, and, after careful consideration of the matter, we have
(arrived) at the conclusion that it is not possible for us to let the matter rest here. As I am
genuinely anxious that no unpleasant situation should arise, I would request you to see if
even now something could be done to rectify the position. In case I fail to hear from you

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

within a reasonable time, I regret to say that no course is left open for us but to tender our
resignation from the Constituent Assembly.
Ayangar was sore. He had not been treated with any consideration by the Conference
leaders. Indeed, he had gone to the farthest limits to accommodate their views. He could
not retrieve the ground he had lost, but is was evident that he could not go any further to
appease the State leaders. He wrote back to Abdullah:

A
It is true that after having unsuccessfully attempted along with Maulana Azad, to persuade
you to agree willingly to substitution of the words "for the time being" for the word

N
"appointed", I did move the Article with the amendment after obtaining the permission of
the President to do so. The whole House accepted this. I am sorry that you could not move

O
any amendment of your own against the one I moved. There was, however, nothing to
prevent you or any of your colleagues from opposing the amendment that I did move, and

S
as a matter of fact, we were looking forward to your making a speech on the whole of the
article and believe the President waited for a minute or two for members to rise for making

R
speeches before he put the draft article to the House.
Ayangar wrote to Abdullah, that, if he and his colleagues felt aggrieved they could take such

U
steps as the rules of the House allowed for any rectification. He forewarned Abdullah that
the resignation of the Conference members from the Constituent Assembly would have

S
serious repercussions, in Kashmir and outside. He wrote:
I do not consider, therefore, that there is any justification for your entertaining any idea of
resignation from the Constituent Assembly. The step, if taken, would produce the most

S
unwelcome and serious repercussions in Kashmir, India and the world, and I must ask you

E
to communicate with the Prime Minister before you decide on anything like it. For myself, I
shall pass on to him your letter and this reply of mine to it.

E
At the revision stage, Article 306-A was remembered Article 370 of the Constitution of
India. On 25 November 1949, the Regent of the State, Karan Singh, by a proclamation

Y
ordered that the relations between the State and the Union of India be governed by the
Constitution of India. According to the proclamation the Constitution of India superseded

A
and abrogated all other constitutional provisions inconsistent with it which were in force in
the State. On 26 January 1950, the Constitution of India came into force.

R
Special Status
In accordance with the special provisions embodied in Article 370 of the Constitution of

T
India, the Jammu and Kashmir State was exempted from the application of the provisions of
the Constitution of India dealing with the States in Part B of its First Schedule.22 In Part B

A
of the First Schedule were listed the erstwhile princely States, which had acceded to the
Dominion of India, but which had not merged with any province or had not been

H
reorganized into centrally Administered Areas. Hyderabad, Jammu and Kashmir, Mysore,
Madhya Bharat, Patiala and East Punjab States Union, Rajasthan, Saurashtra, Travancore -

B
Cochin and Vindhya Pradesh were included in Part B of the First Schedule. A separate part:
Pan VII was included in the Constitution, providing for the internal constitution of all these
States. Provisions of Part VII provided that Part VI of the Constitution, which envisaged
provisions for Part A States, corresponding to Governor's provinces, would also apply to the
Part B States, subject to certain modifications and exceptions. Each of the States was to
have a democratic government with a Council of Ministers functioning in responsibility to a
legislature constituted in the same manner as in the Part A States. The Jammu and Kashmir
was saved from the application of Part VII of the Constitution and was reserved the right to
frame a separate Constitution for its government. Provisions were incorporated in Article
370 for the institution of a Constituent Assembly in the State to draw up its Constitution. No
other provision of the Constitution of India except Article I was made applicable to Jammu
and Kashmir.
The powers of the Parliament to legislate in regard to the State were limited to the matters,
which were declared by the President of India, in consultation with the Government of the
State, to correspond to the stipulations of the Instrument of Accession. The Union

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Government was reserved the power to exercise jurisdiction in regard to the State in
respect of subject transferred to the Government of India by virtue of the Instrument of
Accession. The residuary powers were reserved for the State. The scheme of the divisions of
power between the Union and States, embodied by the Constitution of India, was not,
therefore, extended to Jammu and Kashmir.
Provisions were incorporated in Article 370 by virtue of which the President of India was

A
empowered to transfer powers to the Union in regard to such other subjects in the Union
List, the Concurrent List and the State List of the Constitution of India, which he specified,

N
with the concurrence of the State Government. The President was also empowered to
extend to the State, the application of the provisions of the Constitution of India, which

O
were riot already made applicable to the State, with such modifications and exceptions as
the President would by order specify. The President was empowered to issue such orders in

S
consultation with the State Government and in case such orders related to the matters
specified in the Instrument of Accession with the concurrence of the State Government. If

R
any such orders, which involved the transfer of additional powers to the Union or the
application of any further provisions of the Constitution of India to the State, were

U
promulgated by the President before the Constituent Assembly of the State was convened,
the consultation and concurrence of the State government were to be placed before the

S
Constituent Assembly "for such decision as it might take".
Article 370 envisaged provisions, which empowered the President of India to declare by
public notification that the provisions of the Article would cease to operate or would be

S
operative only with such Exceptions and modifications as he would specify. All such

E
notifications were to be issued by the President only on the recommendations of the
Constituent Assembly of the State.

E
An interesting aspect of Article 370 was that it envisaged a perpetual Constituent Assembly
in the State, at least, so long as the transitional provisions remained on the Statute Book.

Y
The framers of the Constitution presumed, that the temporary provisions, envisaged by
Article 370 would last only for a relatively short duration and their operation would hardly

A
extend beyond the time the Constituent Assembly of the State would take to draft the
Constitution of the State. The Constituent Assembly of the State was dissolved in 1957,

R
after it had completed the task of framing the Constitution of the State.
Article 370 did not vest any constitutive power in the hands of the President, nor did it vest

T
any such power with the Constituent Assembly of the State. The President, as well as the
Constituent Assembly, was empowered to order that the operation of the provisions of

A
Article 370 would cease, or continue with such amendments and exceptions as they would
specify. They were subject to the limitations which one placed on the other.

H
The powers to amend the provisions of Article 370, were vested with the Parliament of
India, which was not subject to any limitation imposed by Article 370 or any other provision

B
of the Constitution of India. The constituent power to amend the Constitution of India in
accordance with the procedure laid down by it is unfettered and cannot be restrained except
by an instrument, expressly created by the Constitution. No limitation was placed on the
powers of the Parliament to amend Article 370. Even if such a stipulation was incorporated
in the Constitution of India and provisions were incorporated in Article 370, which placed
limitations on the Parliament of India to amend its provisions, there was nothing which
stood in the way of the Parliament to repeal the limitation as well as abrogate or amend the
provisions of the Article.

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Supreme Court
A
N
unlike the American Constitution, the Indian Constitution has established an integrated judicial

U
O
system with the Supreme Court at the top and the
high courts below it. Under a high court (and below the state level), there is a hierarchy of

S
subordinate courts, that is, district courts and other lower courts. This single system of
courts, adopted from the Government of India Act of 1935, enforces both Central laws as

R
well as the state laws. In USA, on the other hand, the federal laws are enforced by the
federal judiciary and the state laws are enforced by the state judiciary. There is thus a

U
double system of courts in USA—one for the centre and the other for the states. To sum
up, India, although a federal country like the USA, has a unified judiciary and one system

S
of fundamental law and justice.
The Supreme Court of India was inaugurated on January 28, 1950. It succeeded

S
the Federal Court of India, established under the Government of India Act of 1935.
However, the jurisdiction of the Supreme Court is greater than that of its prodecessor. This

E
is because, the Supreme Court has replaced the British Privy Council as the highest court of
appeal.1

E
Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence,

Y
jurisdiction, powers, procedures and so on of the Supreme Court. The Parliament is also
authorised to regulate them.

A
ORGANISATION OF SUPREME COURT
At present, the Supreme Court consists of thirty-one judges (one chief justice and thirty

R
other judges). In February 2009, the centre notified an increase in the number of Supreme
Court judges from twenty-six to thirty-one, including the Chief Justice of India. This followed

T
the enactment of the Supreme Court (Number of Judges) Amendment Act, 2008. Originally,
the strength of the Supreme Court was fixed at eight (one chief justice and seven other

A
judges). The Parliament has increased this number of other judges progressively to ten in
1956, to thirteen in 1960, to seventeen in 1977 and to twenty-five in 1986.

H
Judges
Appointment of Judges The judges of the Supreme Court are appointed by the president. The chief

B
justice is appointed by the president after consultation with such judges of the Supreme Court and
high courts as he deems necessary. The other judges are appointed by president after consultation
with the chief justice and such other judges of the Supreme Court and the high courts as he
deems necessary. The consultation with the chief justice is obligatory in the case of appointment of
a judge other than Chief justice.
Controversy over Consultation The Supreme Court has given different interpretation of the word
‘consultation’ in the above provision. In the First Judges case (1982), the Court held that
consultation does not mean concurrence and it only implies exchange of views. But, in the Second
Judges case (1993), the Court reversed its earlier ruling and changed the meaning of the word
consultation to concurrence. Hence, it ruled that the advice tendered by the Chief Justice of India is
binding on the President in the matters of appointment of the judges of the Supreme Court. But, the
Chief Justice would tender his advice on the matter after consulting two of his seniormost colleagues.
Similarly, in the Third Judges case2 (1998), the Court opined that the consultation process to be
adopted by the Chief justice of India requires ‘consultation of plurality judges’. The sole opinion of the
chief justice of India does not constitute the consultation process. He should consult a collegium of
four seniormost judges of the Supreme Court and even if two judges give an adverse opinion, he
should not send the recommendation to
the government. The court held that the recommendation made by the chief justice of India without
complying with the norms and requirements of the consultation process are not binding on the
government.

The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments
Commission Act of 2014 have replaced the collegium system of appointing judges to the
Supreme Court and High Courts with a new body called the National Judicial Appointments
Commission (NJAC). However, in 2015, the Supreme Court has declared both the 99th

A
Constitutional Amendment as well as the NJAC Act as unconstitutional and void.
Consequently, the earlier collegium system became operative again. This verdict was

N
delivered by the Supreme Court in the Fourth Judges case2a (2015). The court opined
that the new system (i.e., NJAC) would affect the independence of the judiciary.

S O
Appointment of Chief Justice From 1950 to 1973, the practice has been to appoint the
seniormost judge of the Supreme Court as the chief justice of India. This established convention

R
was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three
senior judges.3 Again in 1977, M U Beg was appointed as the chief justice of India by superseding

U
the then senior-most judge.4 This discretion of the government was curtailed by the Supreme Court in

S
the Second Judges Case (1993), in which the Supreme Court ruled that the seniormost judge of
the Supreme Court should alone be appointed to the office of the chief justice of India.

S
Qualifications of Judges A person to be appointed as a judge of the Supreme Court should
have the following qualifications:
1.
2.
He should be a citizen of India.

E E
(a) He should have been a judge of a High Court (or high courts in succession)

Y
for five years; or (b) He should have been an advocate of a High Court (or High
Courts in succession) for ten years; or (c) He should be a distinguished jurist in the

A
opinion of the president.
From the above, it is clear that the Constitution has not prescribed a minimum age for

R
appointment as a judge of the Supreme Court.
Oath or Affirmation A person appointed as a judge of the Supreme Court, before entering upon his

T
Office, has to make and subscribe an oath or affirmation before the President, or some person
appointed by him for this purpose. In his oath, a judge of the Supreme Court swears:

A
1. to bear true faith and allegiance to the Constitution of India;
2. to uphold the sovereignty and integrity of India;

B H
3. to duly and faithfully and to the best of his ability, knowledge and judgement
the duties of the Office without fear or favour, affection or ill-will; and
4. to uphold the Constitution and the laws.
perform

Tenure of Judges The Constitution has not fixed the tenure of a judge of the Supreme Court.
However, it makes the following three provisions in this regard:
1. He holds office until he attains the age of 65 years. Any question regarding his age
is to be determined by such authority and in such manner as provided by
Parliament.
2. He can resign his office by writing to the president.
3. He can be removed from his office by the President on the recommendation of the
Parliament.

Removal of Judges A judge of the Supreme Court can be removed from his Office by an order of
the president. The President can issue the removal order only after an address by Parliament has
been presented to him in the same session for such removal.5 The address must be supported by a
special majority of each House of Parliament (ie, a majority of the total membership of that House
and a majority of not less than two-thirds of the members of that House present and voting). The
grounds of removal are two—proved misbehaviour or incapacity.
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a
judge of the Supreme Court by the process of impeachment:

1.A removal motion signed by 100 members (in the case of Lok Sabha) or

A
50 members (in the case of Rajya Sabha) is to be given to the
Speaker/Chairman.

N
2. The Speaker/Chairman may admit the motion or refuse to admit it.

O
3. If it is admitted, then the Speaker/Chairman is to constitute a three- member
committee to investigate into the charges.

S
4. The committee should consist of (a) the chief justice or a judge of the Supreme

R
Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
5. If the committee finds the judge to be guilty of misbehaviour or suffering from an

U
incapacity, the House can take up the consideration of the motion.
6.

S
After the motion is passed by each House of Parliament by special majority, an
address is presented to the president for removal of the judge.
7. Finally, the president passes an order removing the judge.

S
It is interesting to know that no judge of the Supreme Court has been impeached
so far. The first and the only case of impeachment is that of Justice V Ramaswami of

E
the Supreme Court (1991–1993). Though the enquiry Committee found him guilty of

E
misbehaviour, he could not be removed as the impeachment motion was defeated in the
Lok Sabha. The Congress Party abstained from voting.

AY
Salaries and Allowances The salaries, allowances, privileges, leave and pension of the judges of
the Supreme Court are determined from time to time by the Parliament. They cannot be varied to
their disadvantage after their appointment except during a financial emergency. In 2009, the salary

R
of the chief justice was increased from 33,000 to 1 lakh per month and that of a judge from 30,000
to 90,000 per month6. They are also paid sumptuary allowance and provided with free

T
accommodation and other facilities like medical, car, telephone, etc.
The retired chief justice and judges are entitled to 50 per cent of their last drawn salary

A
as monthly pension.
Acting Chief Justice

India when:

B H
The President can appoint a judge of the Supreme Court as an acting Chief Justice of

1. the office of Chief Justice of India is vacant; or


2. the Chief Justice of India is temporarily absent; or
3. the Chief Justice of India is unable to perform the duties of his office.
Ad hoc Judge
When there is a lack of quorum of the permanent judges to hold or continue any session of
the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an
ad hoc judge of the Supreme Court for a temporary period. He can do so only after
consultation with the chief justice of the High Court concerned and with the previous
consent of the president. The judge so appointed should be qualified for appointment as a
judge of the Supreme Court. It is the duty of the judge so appointed to attend the sittings of
the Supreme Court, in priority to other duties of his office. While so attending, he
enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of
the Supreme Court.

Retired Judges
At any time, the chief justice of India can request a retired judge of the Supreme
Court or a retired judge of a high court (who is duly qualified for appointment as a judge
of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.
He can do so only with the previous consent of the president and also of the person to be
so appointed. Such a judge is entitled to such allowances as the president may determine.
He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court.

A
But, he will not otherwise be deemed to be a judge of the Supreme Court.

N
SEAT OF SUPREME COURT

O
The Constitution declares Delhi as the seat of the Supreme Court. But, it also authorises the
chief justice of India to appoint other place or places as seat of the Supreme Court. He can

S
take decision in this regard only with the approval of the President. This provision is only
optional and not compulsory. This means that no court can give any direction either to

R
the President or to the Chief Justice to appoint any other place as a seat of the Supreme
Court.

U
PROCEDURE OF THE COURT

S
The Supreme Court can, with the approval of the president, make rules for regulating
generally the practice and procedure of the Court. The Constitutional cases or references

S
made by the President under Article 143 are decided by a Bench consisting of at least five
judges. All other cases are usually decided by a bench consisting of not less than

E
three judges. The judgements are delivered by the open court. All judgements are by
majority vote but if differing, then judges can give dissenting judgements or opinions.

INDEPENDENCE OF SUPREME COURT

Y E
A
The Supreme Court has been assigned a very significant role in the Indian democratic
political system. It is a federal court, the highest court of appeal, the guarantor of the

R
fundamental rights of the citizens and guardian of the Constitution. Therefore, its
independence becomes very essential for the effective discharge of the duties assigned to
it. It should be free from the encroachments, pressures and interferences of the

T
executive (council of ministers) and the Legislature (Parliament). It should be allowed to do
justice without fear or favour.

A
The Constitution has made the following provisions to safeguard and ensure the

H
independent and impartial functioning of the Supreme Court:

B
1. Mode of Appointment The judges of the Supreme Court are appointed by the President
(which means the cabinet) in consultation with the members of the judiciary itself (ie, judges of
the Supreme Court and the high courts). This provision curtails the absolute discretion of the
executive as well as ensures that the judicial appointments are not based on any political
or practical considerations.

2. Security of Tenure The judges of the Supreme Court are provided with the Security of
Tenure. They can be removed from office by the President only in the manner and on the
grounds mentioned in the Constitution. This means that they do not hold their office during
the pleasure of the President, though they are appointed by him. This is obvious from the fact
that no judge of the Supreme Court has been removed (or impeached) so far.
3. Fixed Service Conditions The salaries, allowances, privileges, leave and pension of the
judges of the Supreme Court are determined from time to time by the Parliament. They cannot
be changed to their disadvantage after their appointment except during a financial
emergency. Thus, the conditions of service of the judges of the Supreme Court remain same
during their term of Office.

4. Expenses Charged on Consolidated Fund The salaries, allowances and pensions of the
judges and the staff as well as all the administrative expenses of the Supreme Court are charged
on the Consolidated Fund of India. Thus, they are non-votable by the Parliament (though they can
be discussed by it).

A
N
5. Conduct of Judges cannot be Discussed The Constitution prohibits any discussion in
Parliament or in a State Legislature with respect to the conduct of the judges of the Supreme

O
Court in the discharge of their duties, except when an impeachment motion is under
consideration of the Parliament.

6.
S
Ban on Practice after Retirement The retired judges of the Supreme Court are

R
prohibited from pleading or acting in any Court or before any authority within the territory of
India. This ensures that they do not favour any one in the hope of future favour.

SU
7. Power to Punish for its Contempt The Supreme Court can punish any person for
its contempt. Thus, its actions and decisions cannot be criticised and opposed by any body.

S
This power is vested in the Supreme Court to maintain its authority, dignity and honour.

E
8. Freedom to Appoint its Staff The Chief Justice of India can appoint officers and

E
servants of the Supreme Court without any interference from the executive. He can also
prescribe their conditions of service.

9.

AY
Its Jurisdiction cannot be Curtailed The Parliament is not authorised to curtail the
jurisdiction and powers of the Supreme Court. The Constitution has guaranteed to the
Supreme Court, jurisdiction of various kinds. However, the Parliament can extend the same.

R
T
10. Separation from Executive The Constitution directs the State to take steps
to separate the Judiciary from the Executive in the public services. This means that the

A
executive authorities should not possess the judicial powers. Consequently, upon its implementation,
the role of executive authorities in judicial administration came to an end.7

B H
JURISDICTION AND POWERS OF SUPREME COURT

The Constitution has conferred a very extensive jurisdiction and vast powers on the
Supreme Court. It is not only a Federal Court like the American Supreme Court but
also a final court of appeal like the British House of Lords (the Upper House of the British
Parliament). It is also the final interpreter and guardian of the Constitution and guarantor of
the fundamental rights of the citizens. Further, it has advisory and supervisory powers.
Therefore, Alladi Krishnaswamy Ayyar, a member of the Drafting Committee of the
Constitution, rightly remarked: “The Supreme Court of India has more powers than any
other Supreme Court in any part of the world.” The jurisdiction and powers of the Supreme
Court can be classified into the following:

1. Original Jurisdiction.
2. Writ Jurisdiction.
3. Appellate Jurisdiction.
4. Advisory Jurisdiction.
5. A Court of Record.
6. Power of Judicial Review.
7. Other Powers.

1. OriginalJurisdiction
As a federal court, the Supreme Court decides the disputes between different units of the

A
Indian Federation. More elaborately, any dispute between:

N
(a) the Centre and one or more states; or
(b) the Centre and any state or states on one side and one or more states on the other;

O
or
(c) between two or more states.

S
In the above federal disputes, the Supreme Court has exclusive original

R
jurisdiction. Exclusive means, no other court can decide such disputes and original
means, the power to hear such disputes in the first instance, not by way of appeal.

U
With regard to the exclusive original jurisdiction of the Supreme Court, two points
should be noted. One, the dispute must involve a question (whether of law or fact) on

S
which the existence or extent of a legal right depends. Thus, the questions of political
nature are excluded from it. Two, any suit brought before the Supreme Court by a

S
private citizen against the Centre or a state cannot be entertained under this.
Further, this jurisdiction of the Supreme Court does not extend to the following:

E
(a) A dispute arising out of any
pre-Constitution treaty, agreement, covenant,

E
engagement, sanad or other similar instrument.8

Y
(b) A dispute arising out of any treaty, agreement, etc., which specifically
provides that the said jurisdiction does not extent to such a dispute.9
(c) Inter-state water disputes.10
A
R
(d) Matters referred to the Finance Commission.
(e) Adjustment of certain expenses and pensions between the Centre and the states.

T
(f) Ordinary dispute of Commercial nature between the Centre and the states.

A
(g) Recovery of damages by a state against the Centre.
In 1961, the first suit, under the original jurisdiction of the Supreme Court, was brought by

H
West Bengal against the Centre. The State Government challenged the Constitutional validity
of the Coal Bearing Areas (Acquisition and Development) Act, 1957, passed by the

B
Parliament. However, the Supreme Court dismissed the suit by upholding the validity of the
Act.

2. Writ Jurisdiction
The Constitution has constituted the Supreme Court as the guarantor and defender of
the fundamental rights of the citizens. The Supreme Court is empowered to issue writs
including habeas corpus, mandamus, prohibition, quo-warrento and certiorari for the
enforcement of the fundamental rights of an aggrieved citizen. In this regard, the
Supreme Court has original jurisdiction in the sense that an aggrieved citizen can
directly go to the
Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the
Supreme Court is not exclusive. The high courts are also empowered to issue writs for the
enforcement of the Fundamental Rights. It means, when the Fundamental Rights of a citizen
are violated, the aggrieved party has the option of moving either the high court or the
Supreme Court directly.
Therefore, the original jurisdiction of the Supreme Court with regard to federal
disputes is different from its original jurisdiction with regard to disputes relating to
fundamental rights. In the first case, it is exclusive and in the second case, it is concurrent
with high courts jurisdiction. Moreover, the parties involved in the first case are units of the
federation (Centre and states) while the dispute in the second case is between a citizen and

A
the Government (Central or state).
There is also a difference between the writ jurisdiction of the Supreme Court and

N
that of the high court. The Supreme Court can issue writs only for the enforcement of the
Fundamental Rights and not for other purposes. The high court, on the other hand, can

O
issue writs not only for the enforcement of the fundamental rights but also for other
purposes. It means that the writ jurisdiction of the high court is wider than that of the

S
Supreme Court. But, the Parliament can confer on the Supreme Court, the power to issue
writs for other purposes also.

R
U
3. Appellate Jurisdiction

S
As mentioned earlier, the Supreme Court has not only succeeded the Federal Court of India
but also replaced the British Privy Council as the highest court of appeal. The Supreme Court

S
is primarily a court of appeal and hears appeals against the judgements of the lower courts.
It enjoys a wide appellate jurisdiction which can be classified under four heads:

E
(a) Appeals in constitutional matters.

E
(b) Appeals in civil matters.

Y
(c) Appeals in criminal matters.
(d) Appeals by special leave.

A
R
(a) Constitutional Matters In the constitutional cases, an appeal can bemade to the
Supreme Court against the judgement of a high court if the high court certifies that the case involves a
substantial question of law that requires the interpretation of the Constitution. Based on the certificate,

T
the party in the case can appeal to the Supreme Court on the ground that the question has been

A
wrongly decided.

H
(b) Civil Matters In civil cases, an appe-al lies to the Supreme Court from any judgement of a
high court if the high court certifies—

B
(i) that the case involves a substantial question of law of general importance;
and
(ii) that the question needs to be decided by the Supreme Court.
Originally, only those civil cases that involved a sum of 20,000 could be appealed before
the Supreme Court. But this monetary limit was removed by the 30th Constitutional
Amendment Act of 1972.

(c) Criminal Matters The Supreme Court hears appeals against the judgement in a
criminal proceeding of a high court if the high court—
(i) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death; or
(ii) has taken before itself any case from any subordinate court and convicted the
accused person and sentenced him to death; or
(iii) certifies that the case is a fit one for appeal to the Supreme Court.
In the first two cases, an appeal lies to the Supreme Court as a matter of right (ie,
without any certificate of the high court). But if the high court has reversed the order of
conviction and has ordered the acquittal of the accused, there is no right to appeal to the
Supreme Court.
In 1970, the Parliament had enlarged the Criminal Appellate Jurisdiction of the Supreme
Court. Accordingly, an appeal lies to the Supreme Court from the judgement of a high court
if the high court:

(i) has on appeal, reversed an order of acquittal of an accused person and sentenced

A
him to imprisonment for life or for ten years; or
(ii) has taken before itself any case from any subordinate court and convicted the

N
accused person and sentenced him to imprisonment for life or for ten years.
Further, the appellate jurisdiction of the Supreme Court extends to all civil

O
and criminal cases in which the Federal Court of India had jurisdiction to hear appeals
from the high court but which are not covered under the civil and criminal appellate

S
jurisdiction of the Supreme Court mentioned above.

(d)
R
Appeal by Special Leave The Supreme Court is authorised to grant in its discretion

U
special leave to appeal from any judgement in any matter passed by any court or tribunal in the
country (except military tribunal and court martial). This provision contains the four aspects as under:

S
(i) It is a discretionary power and hence, cannot be claimed as a matter of right.
(ii) It can be granted in any judgement whether final or interlocutory.

S
(iii) It may be related to any matter—constitutional, civil, criminal, income- tax,

E
labour, revenue, advocates, etc.
(iv) It can be granted against any court or tribunal and not necessarily against a high

E
court (of course, except a military court).
Thus, the scope of this provision is very wide and it vests the Supreme Court with a

Y
plenary jurisdiction to hear appeals. On the exercise of this power, the Supreme Court

A
itself held that ‘being an exceptional and overriding power, it has to be exercised
sparingly and with caution and only in special extraordinary situations. Beyond that it is not

R
possible to fetter the exercise of this power by any set formula or rule’.

T
4. Advisory Jurisdiction

A
The Constitution (Article 143) authorises the president to seek the opinion of the Supreme
Court in the two categories of matters:

to arise.
(b) On
H
(a) On any question of law or fact of public importance which has arisen or which is likely

B
any dispute arising out of any pre-constitution treaty, agreement, covenant,
engagement, sanador other similar instruments.11
In the first case, the Supreme Court may tender or may refuse to tender its
opinion to the president. But, in the second case, the Supreme Court ‘must’ tender its
opinion to the president. In both the cases, the opinion expressed by the Supreme Court is
only advisory and not a judicial pronouncement. Hence, it is not binding on the president;
he may follow or may not follow theopinion. However, it facilitates the government to
have an authoritative legal opinion on a matter to be decided by it.
So far (2013), the President has made fifteen references to the Supreme Court under
its advisory jurisdiction (also known as consultative jurisdiction). These are mentioned
below in the chronological order.

1. Delhi Laws Act in 1951


2. Kerala Education Bill in 1958
3. Berubari Union in 1960
4. Sea Customs Act in 1963
5. Keshav Singh’s case relating to the privileges of the Legislature in 1964
6. Presidential Election in 1974
7. Special Courts Bill in 1978
8. Jammu and Kashmir Resettlement Act in 1982
A
N
9. Cauvery Water Disputes Tribunal in 1992
10. Rama Janma Bhumi case in 1993
11. Consultation process to be adopted by the chief justice of India in 1998
12. Legislative competence of the Centre and States on the subject

S O of natural gas

R
and liquefied natural gas in 2001
13. The constitutional validity of the Election Commission’s decision on deferring

U
the Gujarat Assembly Elections in 2002
14. Punjab Termination of Agreements Act in 2004
15. 2G spectrum case verdict and the mandatory
across all sectors in 2012
S
auctioning of natural resources

5. A Court of Record
ES
E
As a Court of Record, the Supreme Court has two powers:

Y
(a) The judgements, proceedings and acts of the Supreme Court are recorded for perpetual

A
memory and testimony. These records are admitted to be of evidentiary value and
cannot be questioned when produced before any court. They are recognised as legal

R
precedents and legal references.
(b) It has power to punish for contempt of court, either with simple imprisonment for a

T
term up to six months or with fine up to 2,000 or with both. In 1991, the Supreme Court
has ruled that it has power to punish for contempt not only of itself but also of high

A
courts, subordinate courts and
tribunals functioning in the entire country.

H
Contempt of court may be civil or criminal. Civil contempt means wilful disobedience to
any judgement, order, writ or other process of a court or wilful breach of an

B
undertaking given to a court. Criminal contempt means the publication of any matter or
doing an act which—(i) scandalises or lowers the authority of a court; or (ii) prejudices or
interferes with the due course of a judicial proceeding; or (iii) interferes or obstructs the
administration of justice in any other manner.
However, innocent publication and distribution of some matter, fair and accurate
report of judicial proceedings, fair and reasonable criticism of judicial acts and comment
on the administrative side of the judiciary do not amount to contempt of court.
5Power of Judicial Review

Judicial review is the power of the Supreme Court to examine the constitutionality of
legislative enactments and executive orders of both the Central and state governments.
On examination, if they are found to be violative of the Constitution (ultra-vires), they can
be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court.
Consequently, they cannot be enforced by the Government.
6Other Powers

Besides the above, the Supreme Court has numerous other powers:

(a) It decides the disputes regarding the election of the president and the vice- president. In
this regard, it has the original, exclusive and final authority.
(b) It enquires into the conduct and behaviour of the chairman and members of the Union
Public Service Commission on a reference made by the president. If it finds them
guilty of misbehaviour, it can recommend to the president for their removal. The advice
tendered by the Supreme Court in this regard is binding on the President.
(c) It has power to review its own judgement or order. Thus, it is not bound by its previous
decision and can depart from it in the interest of justice or community welfare. In brief,

A
the Supreme Court is a self-correcting

N
agency. For example, in the Kesavananda Bharati case (1973), the Supreme Court
departed from its previous judgement in the Golak Nath case (1967).

O
(d) It is authorised to withdraw the cases pending before the high courts and dispose them
by itself. It can also transfer a case or appeal pending before one high court to another

S
high court.

R
(e) Its law is binding on all courts in India. Its decree or order is enforceable throughout the
country. All authorities (civil and judicial) in the country should act in aid of the Supreme

U
Court.

S
(f) It is the ultimate interpreter of the Constitution. It can give final version to the spirit and
content of the provisions of the Constitution and the verbiage used in the Constitution.

S
(g) Ithas power of judicial superintendence and control over all the courts and tribunals
functioning in the entire territory of the country.

E
The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can
be enlarged by the Parliament. Further, its jurisdiction and powers with respect to other

E
matters can be enlarged by a special agreement of the Centre and the states.

Y
SUPREME COURT ADVOCATES
Three categories of Advocates are entitled to practice law before the Supreme Court. They are

A
:

R
1. Senior Advocates These are Advocates who are designated as Senior Advocates by the Supreme
Court of India or by any High Court. The Court can designate any Advocate, with his consent, as

T
Senior Advocate if in its opinion by virtue of his ability, standing at the Bar or special knowledge
or experience in law the said Advocate is deserving of such distinction. A Senior Advocate is not

A
entitled to appear without an Advocate-on-Record in the Supreme Court or without a junior in any
other court or tribunal in India. He is also not entitled to accept instructions to draw pleadings or

H
affidavits, advise on evidence or do any drafting work of an analogous kind in any court or tribunal in
India or undertake conveyancing work of any kind whatsoever but this prohibition shall not extend to

B
settling any such matter as aforesaid in
consultation with a junior.

Table 26.1 Comparing Indian and American Supreme Courts

Indian Supreme Court American Supreme Court

1. Its original jurisdiction covers


1. Its original jurisdiction is confined not only federal cases but also cases to
federal cases. relating to naval forces, maritime
activities, ambassadors, etc.
2. Its appellate jurisdiction covers 2. Its appellate jurisdiction is
constitutional, civil and criminal cases. confined to constitutional cases
only.

3. It has a very wide discretion to

A
grant special leave to appeal in any matter
3. It has no such plenary power.

N
against the judgement of any
court or tribunal (except military).

4. It has advisory jurisdiction.

S O
4. It has no advisory jurisdiction.

R
5. Its scope of judicial review is 5. Its scope of judicial review is limited.
very wide.

6. It defends rights of the citizen


according to
established by law’.
the ‘procedure

SU
6. It defends rights of the citizen
according to the ‘due process of
law’.

7.
ES Its jurisdiction and powers are

E
7. Its jurisdiction and powers can be
limited to that conferred by the

Y
enlarged by Parliament.
Constitution.

A
8. It has power of judicial superintendence
and control over state high courts due to 8. It has no such power due to

R
integrated judicial system. double (or separated) judicial
system.

A T
Table 26.2 Articles Related to Supreme Court at a Glance

B H
Article Subject-matter
No.

124. Establishment and Constitution of Supreme Court 124A.


National Judicial Appointments Commission 124B.

A
Functions of Commission

N
124C. Power of Parliament to make law

125. Salaries, etc., of Judges


126. Appointment of acting Chief Justice

S O
R
127. Appointment of ad hoc Judges

U
128. Attendance of retired Judges at sittings of the Supreme Court

S
129. Supreme Court to be a court of record

S
130. Seat of Supreme Court

E
131. Original jurisdiction of the Supreme Court

E
Exclusive jurisdiction of the Supreme Court in regard to questions as to
131A.

Y
constitutional validity of Central Laws (Repealed)

A
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases

133. Appellate
R
jurisdiction of Supreme Court in appeals from High Courts in
regard to civil matters

A T
134. Appellate jurisdiction of Supreme Court in regard to criminal matters

H
134A. Certificate for appeal to the Supreme Court

B
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable
by the Supreme Court

136. Special leave to appeal by the Supreme Court


137. Review of judgments or orders by the Supreme Court
138. Enlargement of the jurisdiction of the Supreme Court

139. Conferment on the Supreme Court of powers to issue certain writs

139A. Transfer of certain cases

A
N
140. Ancillary powers of Supreme Court

O
141. Law declared by Supreme Court to be binding on all courts

S
Enforcement of decrees and orders of Supreme Court and orders as to discovery,
142.

R
etc.

U
143. Power of President to consult Supreme Court

S
144. Civil and judicial authorities to act in aid of the Supreme Court

S
Special provisions as to disposal of questions relating to
144A. constitutional validity of laws (Repealed)

145. Rules of court, etc.

E E
Y
146. Officers and servants and the expenses of the Supreme Court

A
147. Interpretation

R
A T
B H
Kashmir: Legal & Historical Documents

The Constitution of Jammu and Kashmir, 1956


We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of accession
of this State to India which took place on the twenty-sixth day of October, 1947, to further define the
existing relationship of the State with the Union of India as an integral part thereof, and to secure to
ourselves.

A
JUSTICE, social, economic and political;

N
LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity;
and to promote among us all;

O
FRATERNITY, assuring the dignity of the individual and the unity of the Nation;
IN OUR CONSTITUENT ASSEMBLY This seventeenth day of November, 1956 do Hereby Adopt

S
Enact and Give to ourselves this constitution.

R
PART I
PRELIMINARY

U
1. (1) this Constitution may be called the Constitution of Jammu and Kashmir.

S
(2) This section and sections 2,3,4,5,6,7,8, and 158 shall come into force et once and the remaining
provisions of this constitution shall come into force on the twenty-sixth day of January, 1957, which day
is referred to in this Constitution as the commencement of this Constitution.

S
2. (I) In this Constitution, unless the context otherwise requires.

E
(a) "Constitution of India" means the Constitu-tion of India as applicable in relation to this State.
(b) "existing law" means any law, ordinance, order bye-law, rule notification; or regulation based, made

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or issued before the commence-ment of this Constitution by the Legislature or other competent authority
or person hav-ing power to pass. make or issue such law, ordinance, order bye-law rule, notification or

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regulation;

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(c) "Part" means a part of this Constitution;
(d) "Schedule" means a schedule to this Constitution; and

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(e) "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax"
shall be construed accordingly.

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(2) Any reference in this Constitution to Acts or laws of the State Legislature shall be construed as in-

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cluding a reference to an Ordianance made by the Sadar-i-Riyasat.
PART II

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THE STATE

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(3) The State of Jammu and Kashmir is and shall be an integral part of the Union of India.
(4) The territory of the State shall comprise all the territories which on the fifteenth day of August, 1947,
were under the sovereignty or suzerainty of the Ruler of the State.
(5) The executive and legislative power of the State extends to all matters except those with respect to
which Parliament has power to make laws for the State under the provisions of the Constitution of India.
PART III
PERMANENT RESIDENTS
(6) (l) Every person who is, or is deemed to be, a citizen of India under the provisions of the Constitution
of India shall be a permanent resident of the State, if on the fourteenth day of May, 1954.
(a) he was a State subject of class I or of class II: or

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Kashmir: Legal & Historical Documents

(b) having lawfully acquired immovable pro-perty in the State, he has been ordinarily resident in the State
for not less than ten years prior to that date.
(2) Any person who, before the fourteenth day of May, 1954 was a State subject of Class I or of Class II
and who, having migrated after the first day of March, 1947, to the territory -now included in Pakistan,
returns to the State under a permit for resettlement in the State or for permanent return issued by or under
the authority of any law made by the State Legislature shall on such return be a permanent resident of the

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State.

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(3) In this section, the expression "State subject of Class I or of Class II" shall have the same -meaning as
the State Notification No I-L/84 dated the twentieth April. '1927, read with State Notification No 13/L

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dated the twenty- seventh June, 1932.
7. Unless the context ot