POLITICAL SYSTEM OF INDIA

(INDIAN POLITY)
FROM EARLIEST TIMES TO THE END OF THE COLONIAL RULE
ADVENT OF THE BRITSH: -
India had to face a long succession of foreign invasions.
All the group of foreign invaders who came to India settled down in this country
for the goods. The British came to India in 1600 as traders under the name of
the East India Company. After defeating the rivals, the British became rulers in
India. They followed a policy of conquest, annexation and consolidation in
India. Initially, they were busy with trade and commerce only. The company of
the British merchants was incorporated in London on 31st December 1600 under
the charter of queen Elizabeth. The company later known as the East India
company set up depots or factories as they were styled at Bombay, Madras and
Calcutta with a view to securing advancement in trade and merchandise.
The foundation of the British empire is said to have been laid after the battle of
Plassey in 1757, which the company had won by military operations in Bengal.
The Revolt of 1857 – The first phase of India’s struggle for the freedom sealed
the fate of The East India Company had quickened the pace of events. Under
the Government of India Act 1858.
The founding of the Indian National Congress in 1885 and its demand for
representative’s institution began the process of gradual relaxation of imperial
control and beginning of responsible Government in India.

Minto- Morley Reforms of 1909: -

The Indian Councils Act of 1909 was also known as Minto-
Morley Reforms in the names of Lord Morley, the Secretary of State for India
and Lord Minto, the Governor-General of India. Both were responsible for the
passing of this Act. It was passed to win the support of the Moderates in the
Congress. The important provisions of this Act were:
The number of 'additional members' of the Central Legislative Council was
increased to a maximum of 60. Elected members were to be 27 and among the
remaining 33 nominated members not more than 28 were to be officials. The
principle of election to the councils was legally recognized. But communal
representation was for the first time introduced in the interests of Muslims.
Separate electorates were provided for the Muslims.

The significant provisions of this Act were: -

I) Enlargement of the size of the Central and Regional Legislative Committee s.

The number of members was raised to 60 in central Legislature and the regional
Legislative Committee s were to consist of 30 to 50 members,

ii) Powers and functions of the Central and Regional Committee s were also
increased,

iii) Provision for the appointment of an Indian member in the Executive

Committee of the Governor General

iv) Introduced the system of Communal representation.

Montague-Chelmsford Reforms of 1919: -

The political developments in India during division the of
First World War such as the Home Rule Movement led to the August Declaration.
On 20th August, 1917 Montague, the Secretary of State for India made a
momentous declaration in the House of Commons. His declaration assured the
introduction of responsible government in India in different stages. As a first
measure the Government of India Act of 1919 was passed by the Parliament of
England. This Act is popularly known as Montague-Chelmsford Reforms. At that
time Lord Chelmsford was the Viceroy of India.
The main features of the Act were:
Dyarchy was introduced in the provinces. Provincial subjects were divided
into 'Reserved Subjects' such as police, jails, land revenue, irrigation and forests
and 'Transferred Subjects' such as education, local self-government,
public health, sanitation, agriculture and industries. The Reserved subjects were
to be administered by the Governor and his Executive Council. The Transferred
subjects by the Governor and his ministers.

A bicameral (Two Chambers) legislature was set up at the center. It consisted of

the Council of States and the Legislative Assembly. The total member in the
Legislative Assembly was to be a maximum of 145, out of which 105 were to be
elected and the remaining nominated. In the Council of States there would be a
maximum of 60 members out of which 34 were elected and the remaining
nominated.
The salaries of the Secretary of State for India and his assistants were to be paid
out of the British revenues. So far, they were paid out of the Indian revenues.
A High Commissioner for India at London was appointed.
The most important defect in this Act was the powers under the system of
Dyarchy in the provinces.

After Non-Cooperation Movement in 1923: -

In 1923, following the suspension of the Non-Co-operation
Movement and the arrest of Gandhiji, a group of Congressmen led by Chita
Ranjan Das and Pandit Motilal Nehru formed within the Congress the Sarabjit
Party with a view to wrecking the legislatures, both Central and Provincial, from
within. This party won considerable success in the general elections of that year.
In the Central Legislative Assembly, the Satanists put forward a demand for the
immediate grant of Dominion Status.

The Simon Commission: -

Lord Irwin who was appointed as Viceroy in April, 1926, felt
that the political situation in the country demanded some gesture on the part of
Great Britain. His Majesty's Government accepted his view and in March, 1927
they announced their decision to appoint an Indian Statutory Commission to
enquire into the working of the Government of India Act of 1 919 and to make
recommendations regarding further constitutional progress of India. The
members of the Commission and its terms of reference were announced in
November, 1 927. The Commission was popularly known as the Simon
Commission after its chairman Sir John Simon.

The Indian Statutory Commission popularly known as the

Simon Commission was carrying on its enquiry. Sir John Simon, who visited
Indian twice with his colleagues, once in February, 1928 and again from October
11, 1928 to April13, 1929 was encountered with hostile demonstrations all over
the country'' All the leading Indian political parties had decided to boycott the
Commission since not a single Indian had been included in it. The Central
Legislature Assembly refused to appoint a committee to assist it. At this stage,
the Viceroy Lord Irwin realized that only a bold initiative would prevent
Congress from its intention, outlined at its Calcutta session of December, 1928,
to launch a campaign of civil disobedience if India was not granted 'Dominion
Status' within the year." He left for England in June, 1929 to confer with the
British Government. A Labor Government had already come into power in
Britain in May, 1929 with Ramsay Macdonald as Prime Minister. After
consultations with the new ministry , Lord Irwin, on his return, announced on
October 31, 1929 that 'he had been authorized on behalf of His Majesty's
Government to state clearly that in their judgement it is implicit in the declaration
of 1917 that the natural issue of India's constitutional progress, as there
contemplated, is the attainment of Dominion Status." He also announced that a
Round Table Conference would be held as soon as the Simon Commission
submitted its report'' At Lahore session of December 1929 the Congress decided
to withdraw from the constitutional process and start a campaign of Civil
Disobedience against the Raj to force it to concede 'Purina Swaraj' or complete
independence." In April, 1930, the Congress, under the leadership of Gandhiji,
had launched a mass movement of civil disobedience through the initiation of the
Salt Satyagraha. The Civil Disobedience movement of 1930-31 marked an
important stage in the progress of the anti-imperialist struggle." The period from
1930 to 1934 witnessed a strong nationalist movement under the leadership of the
congress. A series of round table conference followed in the wake of civil
disobedience movement started by Gandhi ji. The British government published
a white paper in March 1933 giving a complete outline of a new constitution. The
scheme contained provisions for a federal set up and of provincial autonomy.
There was a vehement reaction to the white paper and it was totally found
unacceptable to any nationalist section. The British parliament constituted a Joint
committee of two houses to considered the government’s scheme formulated the
white paper further. The joint committee submitted its report in November 1934.
On the basis of report a bill was prepared which was introduced in the British
Parliament on 19 December 1934. After its having passed by the two houses and
royal assent being given to it on 4th August 1935, it became the Government of
Indian Act 1935.

Government of India Act 1935: -

The British Indian Parliament passed the Government
of India Act of 1935 which was so valuable and significant that most provisions
of this Act were taken by the framers of the Indian Constitution. The Act was a
very lengthy written document. The Act proposed to form an All India
Federation. All the provinces were to be members of a federation. The
Government of India Act of 1935 provided a bicameral legislature at the Centre
consisting of Central assembly (Lower House) and Committee of States (Upper
House). The total number of members of the Central Assembly were 375 (250
were elected by the people of British Provinces and 125 from Indian States). The
Committee of States consisted of 260 members (150 elected from the British
Provinces, 104 nominated by the rulers of the States and 6 were nominated by the
Governor- General). The Act introduced Diarchy system at the Centre. The
Central Subjects were divided into the Reserved and the Transferred subjects.
The Act provided Division of powers by creating Central list; Regional List,
Concurrent List and also a provision for Residuary Subjects. 59 subjects were
included in Central List consisting of Defense, Currency and Coinage, post and
Telegraphs, Foreign Affairs etc. Regional List included 54 subjects such as
Police, Government of Justice, Education, Agriculture, Industry, Land revenue
etc. There were 36 subjects in Concurrent list. These were Newspaper and
Printing Press, Marriage and Divorce, registration, Criminal Procedure Code etc.
The subjects which were not included in any of the above lists were residuary
subjects. They were looked after by the Governor General. The Act established a
Central Court at Delhi. Central Court was to decide inter-state disputes and heard
appeals against the decisions of the High Courts. The system of Dyarchy was
replaced by the Regional autonomy in the Provinces. The Act introduced a
bicameral legislature (viz, Legislative Assembly and Legislative Committee) in
six out of total eleven provinces. These six provinces were- Bengal, Bihar,
Bombay, Uttar Pradesh, Madras and Assam. Rest five Provinces Punjab, Central
Provinces, Orissa, and North-West Frontier Provinces (N.W.F.P.) and Sind were
to have Legislative Assembly only. The Legislative Committee was the Upper
Chamber and the Legislative Assembly was the Lower Chamber. The Legislative
Committee was to be a permanent body and one third of its members were to
retire every three years. The members of the Legislative Assembly were elected
for five years. Governor was the executive head of the Provinces. The India
Committee of the Secretary of State for India was replaced by an Advisory
Committee. A Central Public Service Commission was established.

The Cripps Mission: -

The Second World War started in 1939 and Great Britain

was fully involved in this war. In 1942, the Cripps Mission was sent to India from
Great Britain under the leadership of Sir Stafford Cripps. The Cripps Mission
provided some proposals to Indian people. Some of them area) After the Second
World War, dominion status would be granted to India. ii) For framing a
Constitution for India, an elected body would be set up in India, after war. iii)
The Indian states would also participate in the Constitution making body. iv) The
British Government was to accept the Constitution so framed. But a Province or
a Princely State may or may not accept it. The Provinces were given a right to
finalize their Constitution in consultation with the British Government. v) The
Princely States would have the freedom to join Indian Union. vi) During the
World war and until the new constitution was framed, India would remain under
the control of Her Majesty ‘s Government. But the Cripps proposals were rejected
by almost all the Parties and sections in India on different grounds. The Indian
National Congress, Muslim League, Hindu Mahasabha and Sikhs rejected the
Cripps Proposal.
The Cabinet Mission Plan: -
The appointment of Cabinet Mission Plan was another
significant step approved by the British Government in the process of
Constitutional development. The chief proposals of Cabinet Mission Plan were –

I) To form a Union of India consisting of British Provinces and Indian States.

ii) To establish a Constituent Assembly having 389 members.

iii) An interim Government with fourteen representatives of the major Political

Parties.

Initially, the Congress accepted the proposals but the Muslim League under the
leadership of Md. Ali Zina rejected the proposals and left the Interim
Government. The Muslim League observed ‗Direct Action Day ‘on August 16,
1946. On that Hindu Muslim clashes and riots took place in various parts of the
Country. Disagreement and conflict between the Congress and Muslim League
continued. Now, Lord Mountbatten proposed a plan to Divide India into two
parts- India and Pakistan. The Congress and Muslim League accepted the plan.

Mountbatten plan: -
The British Indian Parliament passed the Indian Independence
Act on July 18, 1947.and ultimately; in August 15, 1947 India became an
independent State. According to the proposals of cabinet Mission Plan, a
Constituent Assembly was framed as a representative body. It was accepted that
the constituent Assembly would act as the Dominion Legislature until the
Constitution was framed and India was administered according to the provisions
of the Government of India Act, 1935 with some necessary modifications.
 The Constituent Assembly & Framing of the Constitution

Main Features of the Constitution

Constituent Assembly: -

It was first demanded by the Indian National Congress in

1934. The Muslim League was opposed to it because it suspected that a
Constituent Assembly elected by adult franchise would be dominated by the
Congress, which the League considered to be a Hindu Party.

The suggestions of the Cabinet Mission, 1946, were adopted in the setting up of
the Constituent Assembly which was elected in July-August 1946 and first met
on December 9, 1946. The Constituent Assembly reassembled on 14th August,
1947, as the sovereign Constituent Assembly for the Dominion of India.

As to its composition, it had been elected through an indirect election by the

members of the Provincial Legislative Assemblies (Lower House only)
according to the scheme recommended by the Cabinet Delegation.

(I) Each province and each Indian State or group of States were allotted the total
number of seats proportional to their respective populations roughly in the ratio
of one to a million. As a result, the Provinces were to elect 292 members while
the Indian States were allotted a minimum of 93 seats.

(ii) The seats in each province were distributed among the then three main
communities, Muslim, Sikh and General, in proportion to their respective
populations.
(iii) Members of each community in the Provincial Legislative Assembly
elected their own representatives by the method of proportional representation
with a single transferable vote.

(iv) The method of selection in the case of representatives of Indian States was
to be determined by consultation.

As a result of the Partition under the Plan of June 3, 1947 that was known as the
‘Mountbatten Plan’, a separate Constituent Assembly was set up for Pakistan.
The representatives of Bengal, Punjab, Sind, North Western Frontier Province,
Baluchistan and the Sylhet district of Assam (which had joined Pakistan by a
referendum) ceased to be the members of the Constituent Assembly of India,
and there was a fresh election in the new Provinces of West Bengal and East
Punjab. Consequently, when the Constituent Assembly reassembled on 31st
October, 1947, the membership of the House was reduced to 299. Of these, 284
were actually present on 26th November 1949, to append their signatures to the
Constitution as finally passed.

The salient principles of the proposed Constitution had been outlined by various
committees of the Assembly such as the Union Constitution Committee, the
Union Powers Committee, Committee on Fundamental Rights, and, after a
general discussion of the reports of these Committees, the Assembly appointed
a Drafting Committee on 29th August, 1947.

The Drafting Committee, under the Chairmanship of Dr. Ambedkar, embodied

the decision of the Assembly with alternative and additional proposals in the
form of a ‘Draft Constitution of India’ which was published in February, 1948.

The Constituent Assembly next met in November, 1948, to consider the

provisions of the Draft, clause by clause. After several sessions, the
consideration of the clauses or the second reading was completed by 17th
October. 1949.

FEATURES OF INDIAN CONSTITUTION: -

The constitution is a fundamental law of a country that reflects the fundamental

principles on which the government of the country is based. In this article, learn
some of the interesting features of the Indian Constitution.

The bulkiest constitution of the world

The Indian constitution is one of the bulkiest constitutions of the world,
comprising of 395 articles, 22 parts and 12 schedules. So far, the constitution
underwent 100 amendments (28 May, 2015).

Rigidity and flexibility

The Indian constitution is combination of rigidity and flexibility, which means
some parts of it can be amended by the Parliament by a simple majority,
whereas some parts require a two-third majority as well as not less than one-
half of the state legislatures.

Parliamentary system of government

The Indian constitution provides for a parliamentary system of
government, i.e., the real executive power rests with the council of ministers
and the President is only a nominal ruler (Article 74).

Federal system with a unitary bias

The Indian constitution described India as a 'Union of States' (Article 1), which
implies that Indian federation is not the result of any agreement among the units
and the units cannot secede from it.

Fundamental rights and fundamental duties

The Indian constitution provides an elaborate list of Fundamental Rights to the
citizens of India, which cannot be taken away or abridged by any law made by
the states (Article 12–35). Similarly, the constitution also provides a list of 11
duties of the citizens, known as the Fundamental Duties (Article 51A).
Directive principles of state policy
The Indian constitution mentions certain Directive Principles of State
Policy (Article 36–51) which that government has to keep in mind while
formulating new policy.

Secularism
The constitution makes India a secular state by detaching from religious
dogmas (Forty-second Amendment).

Independent judiciary
The constitution provides an independent judiciary (Article 76) which ensures
that the government is carried on in accordance with the provisions of the
constitution and acts as a guardian of the liberties and fundamental rights of the
citizens.

Single citizenship
The Indian constitution provides a single citizenship for all the people residing
different parts of the country and there is no separate citizenship for the states
(Article 5–11).

Bicameral legislatures
The Indian constitution provides a bicameral legislature at center consisting
of Rajya Sabha (Council of States) and Lok Sabha (House of the
People) (Article 79).

Emergency powers
The constitution vests extraordinary powers, known as Emergency Powers in
the President during emergencies out of armed rebellion or external aggression
or due to failure of constitutional machinery in the state (Article 352–360).

Special provisions for minorities

The constitution makes special provisions for minorities, Scheduled castes,
Scheduled Tribes, etc. by granting them certain special rights and provisions.

Basically, those are some of the interesting features of Indian constitution.

Moreover, the constitution also has many other features such as, Panchayati
Raj, Rule of Law, Provisions for Independent Bodies, etc. which are very
unique in nature.

According to A.V. Dicey a constitution consists of “all rules which directly or

indirectly affect the distribution or the exercise of sovereign power in the
state.” The Indian Constitution is the parent of all laws in India, all three pillars
of democracy- the Legislature, the Executive and the Judiciary derive its authority
from the Constitution.

1. Drawn from different sources

The Indian Constitution is remarkable for many outstanding features which make
it different from the other constitutions, even though it has been prepared after
“ransacking all the known Constitutions of the world” and most of its provisions
are substantially borrowed from others. Although our Constitution is called ‘a bag
of borrowings’, the constitution framers do deserve the credit for gathering the
best features of each of the existing Constitutions and in modifying them with a
view to avoid the faults that have been disclosed in their working and to adapting
them to the existing conditions and needs of the country. The chairman of the
Drafting committee, Dr. Ambedkar had said in this regard that – “As to the
accusation that the Draft Constitution has reproduced a good part of the
provisions of the Government of India Act, 1935, I make no apologies. There is
nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds
any patent rights in the fundamental ideas of the Constitution.”

Sources of the Indian Constitution

Sources Provisions

The Government of India Act, 1935 Basic Structure (Federal scheme, Office of
Governor, Judiciary, Public Service
 Commission, Emergency Provisions,
Administrative details).

Parliamentary form of government, the idea

British Constitution of single citizenship, Rule of Law,
Lawmaking procedure, Writs.

Preamble, Fundamental Rights, Federal

structure of government, Electoral college,
United States Constitution Separation of powers, Judicial Review,
Independence of Judiciary, Impeachment of
the President and Removal of Judges.

Directive Principles of State Policy (Ireland

Irish Constitution
itself borrowed it from Spain).

Quasi-federal form of government,

Distribution of powers between central and
Canadian Constitution
state governments, Residuary powers of the
central government.

Freedom of trade and commerce within the

Australian Constitution country and between the States, Concurrent
List.

Ideals of Liberty, Equality and Fraternity in

French Constitution
the Preamble.

Constitution of Soviet Union (USSR) Fundamental Duties.

Amendment of the Constitution and

Constitution of South Africa
Election of the members of Rajya Sabha.

Constitution of Germany (Weimar Suspension of Fundamental Rights during

Constitution) Emergency.

Japanese Constitution Procedure established by Law.

The Constitution is a wholly written document which incorporates the
constitutional law of India. It was fully debated and duly enacted by the
Constitution Assembly of India. It took the Assembly 2 years, 11 months and 18
days to write and enact the Constitution.

Indian Constitution is a very detailed constitution. It consists of 395 Articles

divided into 22 Parts with 12 Schedules and 94 constitutional amendments. It is
a constitution of both the Centre and states of Indian Union It are indeed much
bigger than the US Constitution which has only 7 Articles and the French
Constitution with its 89 Articles.

(2) Self-made and Enacted Constitution:

Indian Constitution is a constitution made by the people of India acting through
their duly elected and representative body—the Constituent Assembly that was
organized in December 1946. Its first session was held on 9th December, 1946.
It passed the Objectives Resolution on 22 January, 1947.

Thereafter, it initiated the process of constitution-making in the right earnest

and was in a position to finally pass and adopt the constitution on 26th
November, 1949. The constitution became fully operational with effect from
26th January 1950. We celebrate this day as our Republic Day. The Constitution
of India is thus a self-made and duly enacted constitution.

(3) Preamble of the Constitution:

The Preamble to the Constitution of India is a well drafted document which
states the philosophy of the constitution. It declares India to be a Sovereign
Socialist Secular Democratic Republic and a welfare state committed to secure
justice, liberty and equality for the people and for promoting fraternity, dignity
the individual, and unity and integrity of the nation. The Preamble is the key to
the constitution. It states in nutshell the nature of Indian state and the objectives
it is committed to secure for the people.

(4) India is a Democratic Socialist State:

Although, right from the beginning the Indian Constitution fully reflected the
spirit of democratic socialism, it was only in 1976 that the Preamble was
amended to include the term ‘Socialism’. It is now regarded as a prime feature
of Indian state. India is committed to secure social, economic and political
justice for its entire people by ending all forms of exploitation and by securing
equitable distribution of income, resources and wealth. This is to be secured by
peaceful, constitutional and democratic means.

(5) India is a Secular State:

India gives special status to no religion. There is no such thing as a state religion
of India. This makes it different from theocratic states like the Islamic Republic
of Pakistan or other Islamic countries. Further, Indian secularism guarantees
equal freedom to all religions. The Constitution grants the Right to Religious
Freedom to all the citizens.

(6) India is a Democratic State:

The Constitution of India provides for a democratic system. The authority of the
government rests upon the sovereignty of the people. The people enjoy equal
political rights. On the basis of these rights, the people freely participate in the
process of politics. They elect their government.

Free fair and regular elections are held for electing governments. For all its
activities, the government of India is responsible before the people. The people
can change their government through elections. No government can remain in
power which does not enjoy the confidence of the people. India is world’s
largest working democracy.
(7) India is a Republic:
The Preamble declares India to be a Republic. India is not ruled by a monarch
or a nominated head of state. India has an elected head of state (President of
India) who wields power for a fixed term of 5 years. After every 5 years, the
people of India indirectly elect their President.

ADVERTISEMENTS:

(8) India is a Union of States:

Article I of the Constitution declares, that “India that is Bharat is a Union
of States.” The term ‘Union of State’ shows two important facts:
(I) That Indian Union is not the result of voluntary agreement among sovereign
states, and

(ii) that states of India do not enjoy the right to secede from the Union. Indian
Union has now 28 States and 7 Union Territories.

(9) Mixture of Federalism and Unitarianism:

While describing India as a Union of States, the Constitution provides for a
federal structure with a unitary spirit. Scholars describe India as a ‘Quasi-
Federation’ (K.C. Where) or as ‘a federation with a unitary bias, or even as ‘a
Unitarian federation.’

Like a federation, the Constitution of India provides for:

(I) A division of powers between the center and states,

(ii) A written, rigid and supreme constitution,

(iii) Independent judiciary with the power to decide center-state disputes and

(iv) Dual administration i.e. central and state administrations. However, by

providing a very strong center, a common constitution, single citizenship,
emergency provisions, common election commission, common all India
services etc. the Constitution clearly reflects its unitary spirit.

India is a federation with some Unitarian features. This mixture of federalism-

Unitarianism has been done keeping in view both the pluralistic nature of
society and the presence of regional diversities, as well as due to the need for
securing unity and integrity of the nation.

(10) Mixture of Rigidity and Flexibility:

The Constitution of India is rigid in parts. Some of its provisions can be
amended in a difficult way while others can be amended very easily. In some
cases, the Union Parliament can amend some parts of the Constitution by
passing a simple law.

Article 368, of the Constitution provides for two special methods of

amendment:
(I) Most of the provisions of the Constitution can be amended by the Union
Parliament by passing an Amendment Bill by a majority of total membership
and 2/3rd majority of members present and voting in each of its two Houses.

(ii) For the amendment of some specified parts, a very rigid method has been
provided. Under it, first the Union Parliament passes the Amendment Bill by a
majority of total membership and 2/3rd majority of members present and voting
in each house, and then it goes to the State Legislatures for ratification. The
Amendment gets passed only when it is approved by not less than one half of
the several states of the Union.

Thus, the Constitution of India is partly rigid and partly flexible.

(11) Fundamental Rights:

Under its Part IIIC Articles 12-35), the Constitution of India grants and
guarantees Fundamental Rights to its citizens. It is called the Indian Bill of
Rights. Initially, 7 Fundamental Rights were granted but after the deletion of the
Right to Property from the list of Fundamental Rights (44th Amendment Act
1979) their number came down to six.

The Six Fundamental Rights are:

(I) Right to Equality:
It provides for Equality before Law, End of Discrimination, Equality of
Opportunity, Abolition of untouchability and Abolition of Titles.

(ii) Right to Freedom:

It incorporates six fundamental freedoms -freedoms of speech and expression,
freedom to form associations, freedom to assemble peaceably without arms,
freedom to move freely in India, freedom of residence in any part, and freedom
of adopting any profession or trade or occupation. It ensures personal freedom
and protection in respect of conviction for certain offences.

The Constitution lays down that the freedom of life and liberty cannot be
limited or denied except in accordance with the procedure established by law.
Now under Art 21A Right to Education for the children between the ages of 6-
14 years has been granted. Art. 22 guarantees protection against arbitrary arrest
and detention.

(iii) Right against Exploitation:

This Fundamental Right prohibits sale and purchase of human beings, forced
labor (beggar) and employment of children in hazardous jobs and factories.

(iv) Right to Freedom of Religion:

The grant of this right involves the freedom of conscience, religion and worship.
Any person can follow any religion. It gives to all religions freedom to establish
and maintain their religious institutions. Mo person can be compelled to pay any
tax for the propagation of any religion. The state cannot levy a tax for any
religion and constitution prohibits the imparting of religious instructions in
schools and colleges.

(v) Cultural and Educational Rights:

Under this category the Constitution guarantees the rights of the minorities to
maintain and develop their languages and cultures. It also confers upon them the
right to establish, maintain and administer their educational institutions.

(vi) Right to Constitutional Remedies (Art. 32):

This fundamental right is the soul of the entire Bill of Rights. It provides for the
enforcement and protection of Fundamental Rights by the courts. It empowers
the Supreme Court and High Courts to issue writs for the enforcement of these
rights.

(12) National Human Rights Commission (NHRC) and State Human

Rights Commission and Protection of Human Rights:
With a view to protect the human rights of all the people the Protection of
Human Rights Act. 1993 was passed by the Union Parliament. Under it the
National Human Rights Commission was established. It is headed by a former
Chief Justice of India. It acts as an independent commission with a status of a
civil court. It works for preventing the violations of human rights of the people.

Its cases of proved violations of human rights, the NHRC can order the grant of
compensation to the victims. Several State, Human Rights Commission are also
working for the protection of Human Rights. India is fully committed to protect
the human rights of all the people of the world.

(13) Fundamental Duties of the Citizens:

In its Part IVA (Article 51 A) the Constitution describes the following
Fundamental Duties of a citizen:
1. Respect for the Constitution, the national flag and the national anthem;

2. Cherish the noble ideals of the freedom struggle;

3. Uphold and protect the sovereignty, unity and integrity of India;

4. Defend the country and render national service when called;

5. Promote the common brotherhood of all the people of India and renounce any
practice derogatory to the dignity of women;

6. Preserve the rich heritage of the nation’s composite culture;

7. Project the natural environment and have compassion for living creatures;

8. Develop scientific temper, humanism and spirit of inquiry and reform;

9. Safeguard public property and abjure violence; and

10. Strive for excellence in all individual and collective activity.

11. Duty of the parents to send their children to schools for getting education.

The Fundamental Duties are, however, not enforceable by the courts.

(14) Directive Principles of State Policy:

Part IV of the Constitution dealing with the ‘Directive Principles of State
Policy’ provides one of the most striking features of the Indian Constitution.
The Directive Principles are instructions to the state for securing socio-
economic developmental objectives through its policies. These are to be
implemented by both the Union for the States.
For example, Directive Principles direct the state to ensure for the people
adequate means of livelihood, fairer distribution of wealth, equal pay for equal
work, protection of children, women, labor and youth, old age pension, social
security, local self-government, protection of the interests of the weaker
sections of society; promotion of cottage industries, rural development,
international ‘peace friendship and co-operation with other states etc. The aim
of Part IV is to secure and strengthen socio-economic democracy in India.

(15) Bi-Cameral Union Parliament:

The Constitution provides for a Bicameral Legislature at the Union level and
names it as the Union Parliament. Its two Houses are: The Lok Sabha and the
Rajya Sabha. The Lok Sabha is the lower, popular, directly elected house of the
Parliament. It represents the people of India.

Its maximum strength stands fixed at 550. Presently Lok Sabha has 545
members. The people of each state elect representatives in proportion to their
population. Orissa has 21 seats out of which some seats are reserved for the
people belonging to SCs and STs.

Members of the Lok Sabha are directly elected by the people of India. All men
and women of 18 years or above of age whose names are registered in the
voters lists vote in elections for electing the members of Lok Sabha. Every voter
of 25 years or above of age is eligible to contest elections to the Lok Sabha. The
tenure of the Lok Sabha is 5 years. But the President acting under the advice of
Prime Minister can dissolve it earlier also.

The Rajya Sabha is the upper and, indirectly elected second House of
Parliament. It represents the states of the Indian union. Its maximum
membership can be 250. Presently, the Rajya Sabha has 245 members. Out of
these 233 members are elected by all the State Legislative Assemblies and 12
are nominated by the President from amongst eminent persons from the fields of
Art, Science and Literature. Rajya Sabha is a quasi-permanent house. Its 1/3rd
members retire after every two years. Each member has a tenure of six years.
Orissa has 10 seats in the Rajya Sabha.

Of the two houses, of Parliament, the Lok Sabha is a more powerful House. It
alone has financial powers. The Union Council of Ministers is collectively
responsible before the Lok Sabha. However, the Rajya Sabha is neither as
powerless as the British House of Lords and nor the Lok Sabha is as powerful
as the British House of Commons.

(16) Parliamentary System:

The Constitution of India provides for a parliamentary system of government at
the Centre as well as in every state of the Union. The President of India is the
constitutional head of state with nominal powers. The Union Council of
Ministers headed by the Prime Minister is the real executive. Ministers are
essentially the members of the Union Parliament.

For all its policies and decisions, the Council of Ministers is collectively
responsible before the Lok Sabha. The Lok Sabha can remove the Ministry by
passing a vote of no-confidence. The Cabinet, in fact the Prime Minister has the
power to get the Lok Sabha dissolved by the President. On similar lines a
parliamentary government is also at work in each state.

(17) Adult-Suffrage:
Another feature of the Constitution is that it provides for universal adult
suffrage. All men and women enjoy an equal right to vote. Each adult man and
woman above the age of 18 years has the right to vote. All registered voters get
the opportunity to vote in elections.

(18) Single integrated State with Single Citizenship:

India is the single Independent and Sovereign integrated state. Presently it has
28 states and 7 Union Territories. All citizens enjoy a common uniform
citizenship. They are entitled to equal rights and freedoms, and equal protection
of the state.”

(19) Single Integrated Judiciary:

The Constitution provides for a single integrated judicial system common for
the Union and the states. The Supreme Court of India works at the apex level,
High Courts at the state level and other courts work under the High Courts.

There are 21 State High Courts working in all parts of India. Orissa High Court
has been in existence since 1948 and it is located at Cuttack. The Supreme
Court is the highest court of the land. It controls and runs the judicial
administration of India.

(20) Independence of Judiciary:

The Indian Constitution makes judiciary truly independent. It is clear from
the following facts:
(a) Judges are appointed by the President,

(b) Only persons with high legal qualifications and experience are appointed as
judges,

(c) Judges of the Supreme Court cannot be removed from office except through
an extremely difficult process of implement.

(d) The salaries of the judges are very high,

(e) The Supreme Court has its own staff. Indian judiciary has an autonomous
organization and status. It works as an independent and powerful judiciary.

(21) Judicial Review:

The Constitution is the supreme law of the land. The Supreme Court acts as the
guardian protector and interpreter of the Constitution. It is also the guardian of
the Fundamental Rights of the people. For this purpose, it exercises the power
of judicial review. By it, the Supreme Court determines the constitutional
validity of all laws made by the legislatures. It can reject any law which is found
to be unconstitutional.

(22) Judicial Activism:

Currently, Indian judiciary has been becoming more and more active towards
the performance of its social obligations. Through Public Interest Litigation
system (PIL) as well as through a more active exercise of its powers, the Indian
judiciary has been now very actively trying to secure all public demands and
needs due to them under the laws and policies of the state.

(23) Emergency Provisions:

The Constitution of India contains special provisions for dealing with
emergencies.

It recognizes three types of possible emergencies:

(1) National Emergency (Article 352) an emergency resulting from war or
external aggression or threat of external aggressions against India or from
armed rebellion within India or in any of its part;

(2) Constitutional Emergency in a State (Article 356) an emergency resulting

from the failure of constitutional machinery in any state; or some states and

(3) Financial Emergency (Article 360) an emergency resulting from a threat to

financial stability of India.

The President of India has been empowered to take appropriate steps for dealing
with these emergencies. During the period of an emergency, the powers of the
President, actually of the PM and the Union Council of Ministers Cabinet
increase tremendously. President can take all steps deemed essential for meeting
an emergency. These are called emergency powers of the President.

(24) Special Provisions relating to Scheduled Castes and Scheduled Tribes:

With a view to protect the interests of people belonging to Scheduled Castes
and Scheduled Tribes, the Constitution lays down certain special provisions. It
provides for reservation of seats in the legislatures for the people belonging to
Scheduled Castes and Scheduled Tribes. President can nominate in Lok Sabha
not more than two members of the Anglo-Indian Community in case he is of the
opinion that this community is not adequately represented in the House.

Reservation of some jobs for the people belonging to SCs, STs and OBCs has
also been in operation. The reservation system has been now extended up to the
year 2020.Presently, a bill for granting 33% reservation of legislative seats for
women is in the process of getting enacted into law. Reservation system is also
in existence in the Panchayats and Municipal Councils.

(25) Provisions regarding Language:

The Constitution lays down special provisions for defining the Language of the
Union, Regional Languages and Language of the Supreme Court and High
Courts. It states that the official language of the Union shall be Hindi in
Devanagari script. But along with this, it also provides for the continuance of
English language. A state legislature can adopt the language of the province as
its official language.

English continues to be the language of the Supreme Court and the High Courts.
The Constitution gives a directive to the Union to develop Hindi and popularize
its use. In its Eighth Schedule, the Constitution recognizes 22 modern Indian
Languages — Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri,
Malayalam, Marathi, Oriya, Punjabi, Nepali, Manipuri, Konkani, Sanskrit,
Sindhi, Tamil, Tegu, Urdu, Bodo, Dogra, Maithili and Santhal.

(26) A Constitution Drawn from several Sources:

In formulating the Constitution of India, the founding fathers used several
sources. The values and ideals of the national movement guided their path. The
national movement influenced them to adopt secularism as the ideal. Some
provisions of Government of India Act 1935 were used by them and several
features of foreign constitutions influenced them, and were adopted by them.

In adopting parliamentary system and bicameralism, the British Constitution

influenced them. The US Constitution influenced them in favor of
republicanism, independence of judiciary, judicial review and bill of rights. The
progress of the (former) USSR after the 1917 Socialist Revolution influenced
them to adopt socialism as a goal. Likewise, they were influenced by the
constitutions of Canada, Australia, Weimar Republic (Germany) and Ireland.

With all these features, the Indian Constitution is a constitution best suited to
the Indian environment. The Constitution has been helping India to organize
and run her government and administration in an effective way both in times of
peace and war. The basic structure of the Constitution i.e. its most fundamental
features can be described as: Preamble, Fundamental Rights, Directive
Principles, Secularism, Federalism, Republicanism, Independence of Judiciary,
Rule of Law, and Liberal Democracy.
 Indian Federation Centre
State Relations the Union its Territories, Citizenship

Union – State Relation: -

Introduction

• Article 257 of the Constitution is read as: The executive power of every
State shall be so exercised as not to impede or prejudice the exercise of
the executive power of the Union, and the executive power of the Union
shall extend to the giving of such directions to a State as may appear to
the Government of India to be necessary for that purpose.
• The Zakaria Commission was appointed by the central government in
1983 to examine the issues relating to center-State relations; the
Commission submitted its report in 1988 and recommended that
appointments of Governors should be strictly non-partisan.
• Articles 245 to 263 of Part XI and Articles 268 to 293 of Part XII describe
three types of Center-State relations i.e. Legislative, Administrative, and
Financial.

Legislative Relations

• Articles 245 to 255 describe Legislative relations.

• Article 245 (1) states that Subject to the provisions of this Constitution,
Parliament may make laws for the whole or any part of the territory of
India, and the Legislature of a State may make laws for the whole or any
part of the State.
• Article 245 (2) states that no law made by Parliament shall be deemed to
be invalid on the ground that it would have extra-territorial operation.
 • Article 246 states that the Parliament has exclusive power to make laws
with respect to any of the matters enumerated in List I (i.e. Union List)
and List III (i.e. Concurrent List) of the Seventh Schedule.
• Article 248 states that the Parliament has exclusive power to make any law
with respect to any matter not enumerated in the Concurrent List or State
List.

• Further, Article 250 states that notwithstanding anything in this Chapter,

Parliament shall, while a Proclamation of Emergency is in operation, have
power to make laws for the whole or any part of the territory of India with
respect to any of the matters enumerated in the State List.

Administrative Relations

• Articles 255 to 263 describe Legislative relations.

• Article 256 states that the executive power of every State shall be so
exercised as to ensure compliance with the laws made by Parliament and
any existing laws which apply in that State, and the executive power of
the Union shall extend to the giving of such directions to a State as may
appear to the Government of India to be necessary for that purpose.
• Article 257 (1) states that the executive power of every State shall be so
exercised as not to impede or prejudice the exercise of the executive power
of the Union, and the executive power of the Union shall extend to the
giving of such directions to a State as may appear to the Government of
India to be necessary for that purpose.
• Article 258 (2) states that a law made by Parliament which applies in any
State may, notwithstanding that it relates to a matter with respect to which
the Legislature of the State has no power to make laws, confer powers and
impose duties, or authorize the conferring of powers and the imposition
of duties, upon the State or officers and authorities thereof.
• Article 261 (3) states that final judgments or orders delivered or passed by
civil courts in any part of the territory of India shall be capable of
execution anywhere within that territory according to law.
• Article 262 (1) states that Parliament may by law provide for the
adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any inter-State river or river
valley.
• Article 262 (2) states that notwithstanding anything in this Constitution,
Parliament may be law provide that neither the Supreme Court nor any
 other court shall exercise jurisdiction in respect of any such dispute or
complaint as is referred to in clause (1).

Financial Relations

• Articles 268 to 293 describe Financial relations.

• Article 268 describes the Duties levied by the Union but collected and
appropriated by the States.
• Article 269 describes the Taxes levied and collected by the Union but
assigned to the States.
• Article 270 describes the Taxes levied and distributed between the Union
and the States.
• PART XVIII and Articles 352 to 360 describe the emergency provisions
of India.

• Under the Indian Constitution, there are three types of emergency

provisions −
o National Emergency;
o Failure of constitutional machinery in state/s or President’s Rule;
and
o Financial Emergency.

National Emergency

• Article 352 states that if the President is satisfied that a grave emergency
exists whereby the security of India or of any part of the territory thereof
is threatened, whether by war or external aggression or armed rebellion,
he may, by Proclamation, make a declaration to that effect in respect of
the whole of India or of such part of the territory thereof as may be
specified in the Proclamation.
• However, Article 352 (4) states that every Proclamation issued under this
article shall be laid before each House of Parliament and shall, except
where it is a Proclamation revoking a previous Proclamation, cease to
operate at the expiration of one month unless before the expiration of that
period it has been approved by resolutions of both Houses of Parliament.
• Further, Article 352 (5) states that a Proclamation so approved shall, unless
revoked, cease to operate on the expiration of a period of six months from
the date of the passing of the second of the resolutions approving the
Proclamation under clause (4).
 • Article 353 states that while a Proclamation of Emergency is in operation,
then the executive power of the Union shall extend to the giving of
directions to any State as to the manner in which the executive power
thereof is to be exercised.

Failure of constitutional machinery in state/s or President’s Rule

• Article 356 states that if the President, on receipt of a report from the
Governor of a State or otherwise, is satisfied that a situation has arisen in
which the Government of the State cannot be carried on in accordance
with the provisions of this Constitution, then he (the President) may issue
state emergency.
• Article 356 (3) states that every Proclamation under this article shall be
laid before each House of Parliament and shall, except where it is a
Proclamation revoking a previous Proclamation, cease to operate at the
expiration of two months unless before the expiration of that period it has
been approved by resolutions of both Houses of Parliament.
• Further, Article 356 (4) states that a Proclamation so approved shall, unless
revoked, cease to operate on the expiration of a period of six months from
the date of issue of the Proclamation.
• Article 357 states that where by a Proclamation issued under clause (1) of
Article 356, it has been declared that the powers of the Legislature of the
State shall be exercisable by or under the authority of Parliament.
• Article 359 states that where a Proclamation of Emergency is in operation,
the President may by order declare that the right to move any court for the
enforcement of such of the rights conferred by Part III (except articles 20
and 21) as may be mentioned in the order and all proceedings pending in
any court for the enforcement of the rights so mentioned shall remain
suspended for the period during which the Proclamation is in force or for
such shorter period as may be specified in the order.

Financial Emergency

• Article 360 states that if the President is satisfied that a situation has arisen
whereby the financial stability or credit of India or of any part of the
territory thereof is threatened, he may by a Proclamation make a
declaration to that effect.
• Article 360 (4) (b) states that it shall be competent for the President during
the period any Proclamation issued under this article is in operation to
issue directions for the reduction of salaries and allowances of all or any
 class of persons serving in connection with the affairs of the Union
including the Judges of the Supreme Court and the High Courts.

Union & its Territories: -

Articles 1 to 4 under Part I of the Constitution describe the

Union and its Territory.
• Article 1 (1) states that India, that is Bharat, shall be a Union of States.
• Article 1 (2) states that the States and the territories thereof shall be as
specified in the First Schedule.
• Article 1 (3) states that the territory of India shall comprise −
o The territories of the States;
o The Union territories specified in the First Schedule; and
o Such other territories as may be acquired.
• There is a total of 29 States, 6 Union Territories, and 1 National Capital
Territory (as shown in the map given above).
• Article 2 states that the Parliament may by law admit into the Union, or
establish new States on such terms and conditions as it thinks fit.
• Article 3 states that the Parliament may by law form a new State by
separation of a territory from any State or by uniting two or more States
or parts of States or by uniting any territory to a part of any State.
• Article 4 states that any law referred to in Article 2 or Article 3 shall
contain such provisions for the amendment of the First Schedule and the
Fourth Schedule as may be necessary to give effect to the provisions of
the law and may also contain such supplemental, incidental, and
consequential provisions (including provisions as to representation in
Parliament and in the Legislature or Legislatures of the State or States
affected by such law) as the Parliament may deem necessary.

Citizenship: -
Articles 5 to 11 under Part II of the Constitution describe the
citizenship.

• Article 5 states that at the commencement of this Constitution,

every person who has his domicile in the territory of India and −
 o who was born in the territory of India; or?
o either of whose parents was born in the territory of India;
or
o who has been ordinarily resident in the territory of India for
not less than five years immediately preceding such
commencement,
shall be a citizen of India.
• Article 6 states that notwithstanding anything in Article 5, a person who
has migrated to the territory of India from the territory now included in
Pakistan shall be deemed to be a citizen of India at the commencement of
this Constitution.
• Article 7 states that notwithstanding anything in Articles 5 and 6, a person
who has after the first day of March, 1947, migrated from the territory of
India to the territory now included in Pakistan shall not be deemed to be a
citizen of India.
• Article 8 states that notwithstanding anything in Article 5, any person who
or either of whose parents or any of whose grand-parents was born in India
as defined in the Government of India Act, 1935, and who is ordinarily
residing in any country outside India as so defined shall be deemed to be
a citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is
for the time being residing on an application made by him therefor to such
diplomatic or consular representative, whether before or after the
commencement of this Constitution, in the form and manner prescribed
by the Government of the Dominion of India or the Government of India.
• Article 9 states that no person shall be a citizen of India by virtue of Article
5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8,
if he has voluntarily acquired the citizenship of any foreign State.
• Article 10 states that every person who is or is deemed to be a citizen of
India under any of the foregoing provisions of this Part shall, subject to
the provisions of any law that may be made by the Parliament, continue
to be such citizen.
• Article 11 states that nothing in the foregoing provisions of this Part shall
derogate from the power of Parliament to make any provision with respect
to the acquisition and termination of citizenship and all other matters
relating to citizenship.
Fundamental Rights & Duties, Directive Principles of
State Policy, The Union Executive, The Council of
Ministers and Prime Minister

Fundamental Rights: -
1. Right to Equality (Art. 14-18)
Article 14 represents the idea of equality, which states that the state shall not
deny to any person equality before the law or the equal protection of the laws
within the territory of India. The equality before the law is guaranteed to all
without regard to race, color, or nationality.

(Article 15): Non-discrimination on grounds of religion, race, caste, sex, or

place of birth
Article 15 states that the state shall not discriminate against any citizen on
grounds only of religion, caste, sex, place of birth, or any of them and would not
be subject to any disability, liability, restriction, or condition. Nothing in this
article shall prevent the state from making any special provisions for women
and children.

Nothing in this article or in sub-clause (G) of clause (1) of Article 19 shall

prevent the state from making any special provision by law, for the
advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes or Scheduled Tribes.

(Article 16): Equality of opportunity in public employment

Article 16 states that no citizen shall on grounds only of religion, race, caste,
sex, descent, place of birth, residence, or any of them, be ineligible for or
discriminated against in respect of any employment or office under the state.

It empowers Parliament to make a law prescribing any requirement as to

residence within that state or UT prior to employment or appointment in that
state or UT. It empowers the state to make special provisions for the reservation
of appointments or posts in favor of any backward classes of citizens.

(Article 17): Abolition of Untouchability

Article 17 abolishes Untouchability and forbids its practice in any form.
Untouchability refers to a social practice that looks down upon certain
oppressed classes solely on account of their birth and makes any discrimination
against them on this ground.
(Article 18): Abolition of Titles
Article 18 abolishes all titles and prohibits the state to confer titles on anybody
whether a citizen or a non-citizen. However, military and academic distinctions
are exempted from the prohibition.

2. (Article 19): Right to Freedom

The Right to Freedom guarantees to the citizens of India six Fundamental
Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3)
Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside
and to settle, and 6) Freedom of profession, occupation, trade, or business.

(Article 20): Protection in respect of Conviction for Offences

Article 20 provides protection against arbitrary and excessive punishment
for any person who commits an offense. This article has taken care to
safeguard the rights of persons accused of crimes. Moreover, this article cannot
be suspended even during an emergency in operation under Article 359.
(Article 21): Protection of Life and Personal Liberty
Article 21 states no person shall be deprived of his life or personal
liberty except according to the procedure established by law. However, Article
21 puts a limit on the power of the State given under Article 246, read with the
legislative lists. Thus, Article 21 does not recognize the Right to Life and
Personal Liberty as an absolute right but limits the scope of the right itself.
(Article 22): Safeguards against Arbitrary Arrest and Detention
Firstly, Article 22 guarantees the right of every person who is arrested to be
informed of the cause of his arrest; secondly, his right to consult and to be
defended by a lawyer of his choice. Thirdly, every person arrested and detained
in custody shall be produced before the nearest Magistrate within a period of
twenty-four hours and shall be kept in continued custody only with his
authority.
3. (Articles 23-24): Right against Exploitation
Article 23 prohibits traffic in human beings, women, children, beggars or other
forced labor militate against human dignity. Article 24 prohibits employing
children below the age of 14 years in any hazardous profession. This right
followed the human rights concepts and United Nations norms.
4. (Articles 25-28): Right to Freedom of Religion
Articles 25 and 26 embody the principles of religious tolerance and serve to
emphasize the secular nature of Indian democracy, i.e. equal respect to all
religions. Article 25 offers freedom of Conscience and Free Profession, Practice
and Propagation of Religion whereas Article 26 helps to manage religious
affairs, which is subject to public order, morality and health, every religious
denomination or any section.
Article 27 provides freedom not to pay taxes for religious expenses on the
promotion or maintenance of any particular religion. Article 28 prohibits
religious instructions in educational institutions wholly maintained by the state.

5. (Articles 29-30): Rights to minorities (cultural and educational rights)

Article 29 provides protection of the interests of minorities. A minority
community can effectively conserve its language, script, or culture by and
through an educational institution. Article 30 states the rights of minorities
whether based on religion or language to establish and administer educational
institutions.
The 44th Amendment has abolished the Right to Property as a Fundamental
Right guaranteed by Art. 19 (f) and Art. 31 of the Constitution. It is now only a
Legal Right under article 300-A, gives protection against executive action but
not against legislative action

6. (Articles 32-35): Right to Constitutional Remedies

Rights, in order to be meaningful, must be enforceable and backed by remedies
in case of violation. This article guarantees the right to move the Supreme Court
by appropriate proceedings for the enforcement of Fundamental Rights and
deals with the Supreme Court’s power to issue order or writs for the
enforcement of Fundamental Rights.

Article 33 empowers Parliament to modify the application of Fundamental

Rights to the armed forces or forces charged with the maintenance of public
order. On the other hand, Article 35 lays down that the power to make laws to
give effect to certain specified Fundamental Rights shall vest only with the
Parliament and not with State Legislatures.

Therefore, Fundamental Rights play a significant role because they are most
essential for the attainment of the full intellectual, moral, and spiritual status of
an individual. Therefore, the objective behind the inclusion of Fundamental
Rights in the Constitution was to establish a government of Law to preserve
individual liberty, building an equitable society, and establish a welfare state

Fundamental Duties: - (Article 51A)

Part IV A, Article 51 –A
42nd Amendment 1976, introduced Article 51 A in the constitution
1. Abide by the Constitution and respect national flag & National Anthem
 2. Follow ideals of the freedom struggle
3. Protect sovereignty & integrity of India
4. Defend the country and render national services when called upon
5. Sprit of common brotherhood
6. Preserve composite culture
7. Preserve natural environment
8. Develop scientific temper
9. Safeguard public property
10.Strive for excellence
11.Duty of all parents/guardians to send their children in the age group of 6-14
years to school.

Directive Principles of State Policy: -

ARTICLE 36: DEFINITION

In this Part, unless the context otherwise requires, “the State” has the same
meaning as in Part III.

ARTICLE 37: APPLICATION OF THE PRINCIPLES CONTAINED IN THIS

PART
The provisions contained in this Part shall not be enforced by any court, but the
principles therein laid down are nevertheless fundamental in the governance of
the country and it shall be the duty of the State to apply these principles in
making laws.

ARTICLE 38: STATE TO SECURE A SOCIAL ORDER FOR THE

PROMOTION OF THE WELFARE OF THE PEOPLE
(1) The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income,
and endeavor to eliminate inequalities in status, facilities and opportunities, not
only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.
ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY
THE STATE
The State shall, in particular, direct its policy towards securing –
(a) that the citizen, men and women equally, have the right to an adequate
means of livelihood;
(b) that the ownership and control of the material resources of the community
are so distributed as best to sub serve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.

ARTICLE 39A: EQUAL JUSTICE AND FREE LEGAL AID

The State shall secure that the operation of the legal system promotes justice, on
a basis of equal opportunity, and shall, in particular, provide free legal aid, by
suitable legislation or schemes or in any other way, to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic or other
disabilities.

ARTICLE 40: ORGANISATION OF VILLAGE PANCHAYATS

The State shall take steps to organize village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as
units of self-government.

ARTICLE 41: RIGHT TO WORK, TO EDUCATION AND TO PUBLIC

ASSISTANCE IN CERTAIN CASES
The State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and disablement,
and in other cases of undeserved want.
ARTICLE 42: PROVISION FOR JUST AND HUMANE CONDITIONS OF
WORK AND MATERNITY RELIEF
The State shall make provision for securing just and humane conditions of work
and for maternity relief.

ARTICLE 43: LIVING WAGE, ETC., FOR WORKERS

The State shall endeavor to secure, by suitable legislation or economic
organization or in any other way, to all workers agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities and, in
particular, the State shall endeavor to promote cottage industries on an
individual or co-operative basis in rural areas.

ARTICLE 43A: PARTICIPATION OF WORKERS IN MANAGEMENT OF

INDUSTRIES
The State shall take steps, by suitable legislation or in any other way, to secure
the participation of workers in the management of undertakings, establishments
or other organization engaged in any industry.

ARTICLE 44: UNIFORM CIVIL CODE FOR THE CITIZEN

The State shall endeavor to secure for the citizens a uniform civil
code throughout the territory of India.

ARTICLE 45: PROVISION FOR FREE AND COMPULSORY EDUCATION

FOR CHILDREN
The State shall endeavor to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.

ARTICLE 46: PROMOTION OF EDUCATIONAL AND ECONOMIC

INTERESTS OF SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER
WEAKER SECTIONS
The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and in particular, of
the Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.
ARTICLE 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION
AND THE STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH
The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavor to bring about prohibition of
the consumption except for medicinal purpose of intoxicating drinks and of
drugs which are injurious to health.

ARTICLE 48: ORGANIZATION OF AGRICULTURE AND ANIMAL

HUSBANDRY
The State shall endeavor to organize agriculture and animal husbandry on
modern and scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves and
other mulch and draught cattle.

ARTICLE 48A: PROTECTION AND IMPROVEMENT OF ENVIRONMENT

AND SAFEGUARDING OF FORESTS AND WILDLIFE
The State shall endeavor to protect and improve the environment and to
safeguard the forests and wildlife of the country.

ARTICLE 49: PROTECTION OF MONUMENTS AND PLACES AND

OBJECTS OF NATIONAL IMPORTANCE
It shall be the obligation of the State to protect every monument or place or
object of artistic or historic interest, declared by or under law made by
Parliament to be of national importance, from spoliation, disfigurement,
destruction, removal, disposal or export, as the case may be.

ARTICLE 50: SEPARATION OF JUDICIARY FROM THE EXECUTIVE

The State shall take steps to separate the judiciary from the executive in the
public services of the State.

ARTICLE 51: PROMOTION OF INTERNATIONAL PEACE AND

SECURITY
The State shall endeavor to –
(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of
organized people with one another; and
(d) encourage settlement of international disputes by arbitration.

The Union Executive: -

The President – (Article 52)

Article 52 states that there shall be a President of India.

Article 58 talks about the eligibility of a person to become President of India. It

says that a person is eligible for election as President if he:

• is a citizen of India;
• has completed the age of thirty-five years;
• is qualified for election as a member of the House of the People.

A person can be disqualified for election as President if he holds any office of

profit under

Article 59 of the Indian Constitution talks about the conditions of the President’s
office. It says:

• The President cannot be a member of either House of Parliament or of

any other House of the Legislature of any State.
• If he is a member of either House of Parliament or a member of a House
of the Legislature of any State, he will need to vacate his seat in that
House on the date of entering into his office as President.
• The President shall not hold any other office of profit.
• The President shall be authorized to the use of his official residences
without rent.
• He shall be also authorized to emoluments, allowances, and privileges
determined by Parliament.
 • The emoluments and allowances of the President cannot be diminished
or reduced during his term of office.

Article 54 of the Constitution. It deals with provisions relating to the election of

the President. It says that the President must be elected by the members of an
electoral college. The electoral college consists of the elected members of both
Houses of Parliament and the state Legislative Assemblies.

• the Union of India or;

• the Government of any State or;
• under any local or other authority subject to the control of any
Government of India.

Article 71 deals matters relating to the election of the President. It states

that any dispute arising with respect to the election of the President will be
adjudicated by the Supreme court and its decision will be considered final

Article 60 term of So, after you are elected, it is time to make an oath and get

familiar with the office of the President.

Article 53 of the Indian Constitution states that all the executive powers of the
Union will be vested in the President of India. President is allowed to exercise his
executive powers through officer’s subordinate to him, directly or indirectly, in
consonance to the provisions of the Constitution.

Article 56 defines the term of the office of the President to be of five years unless:
A new President enters the office; the incumbent President shall hold it;

Article 62 provides for the filling up of the vacancy to the office of the
President. It defines the terms of office of the person filling the casual vacancy
as well as the time of holding elections to fill the vacancy.

Article 61, for the violation of the Constitution, on the basis of charges preferred
by either House of Parliament. A resolution with the proposal to prefer such
charges must be signed by at least one-fourth of the total members of the house.
The resolution also needs to be passed by at least two-thirds majority of the house.
Article 72 provides for the provisions relating to the pardoning powers of the
President. President can grant pardons, respites, reprieves, and remissions of
punishments or remit suspend or commute the sentence given to a person by the
court in the following cases:

• When the sentence is granted through a court-martial;

• When the sentence or punishment is given for offense of violation of
any law relating to matters that fall in the ambit of Union’s executive
powers;
• When a death sentence is passed by a court.

Article 352 of the Constitution of India grants President, three kinds of

emergency powers as well:

• When a National Emergency is declared in case of external aggression

or internal armed rebellion, the President holds the powers to declare a
state of emergency. Thus, the President’s rule gets established in the
country. However, the prime minister and the Council of Ministers must
recommend such an emergency;
• When there exists a constitutional or law and order breakdown situation
in a state, the President may declare a state of emergency in such cases.
The state would then come under Governor’s rule;
• Whenever the financial stability of the nation or any country is seriously
affected, the President has the right to intervene and direct the state to
check and maintain public expenditure.

The Vice President: - (Article 63)

Article 63 talks about the vice president of India.
Article 64 and Article 65 of the Indian constitution talks about the following
functions:

• The Vice-President is the ex-officio Chairman of Rajya Sabha (the

Council of States);
• The Vice President casts his vote in case of a tie in Rajya Sabha;
 • The Vice President represents the Council of States on ceremonial
occasions;
• He protects the rights and privileges of the members of the Rajya Sabha;
• He travels, for goodwill missions, to foreign countries;
• The Vice-President shall perform the functions of President, in cases
where the President is not able to perform his functions due to absence
or illness etc. until the President resumes his duty;
• The Vice-President shall act as President, If the vacancy is created for
the post of President due to his resignation, removal, and death or
otherwise until a new President is elected;
• The period between the Vice-President acting as the President and the
election of a new President can be extended for a maximum period of
six months.

Article 66: - Election

Article 67: - Term of Office
Article 68: - Time to Fill Casual Vacancy
Article 69: - Oath

The Council of Ministers: -

Article 74 of the Indian constitution states that:

• There should be a Council of Ministers to aid and advise the president;

• The Council of Ministers must have a Prime Minister at the head to aid
and advise the President;
• The President should exercise his functions and act in accordance with
advice rendered by the Council of Ministers;
• The Council of Ministers should reconsider any advice sent back by the
President;
• The President is bound to act in accordance with the advice tendered by
the Council, after reconsideration.
Size of Ministries

The executive powers in India are exercised by the Council of Ministers. These
ministers constitute ministries having cabinet minister, junior minister, etc.
Before 2003, the size of ministries was not specified under any provision leading
to a lot of chaos.

After the 91st amendment Act of 2003 came into existence, it marked a ceiling
limit to the size of the ministries. The amendment stated that the strength of the
Council of Ministers cannot exceed more than 15% of the total number of
members of the Lok Sabha or relevant Legislative Assembly of the state.

An exception was provided to the smaller states like Sikkim, Mizoram, and
Goa, having a strength of lesser than 40 members in the legislative assemblies.

Article 102(2) and Article 191(2) provides for Anti-Defection laws regarding
the members of Lok Sabha. According to this law, a member of a House,
belonging to any political party, shall be disqualified as a member of the House
on the following basis-

• If the person voluntarily gives up his/her membership of the political

party to which he/she belongs; or
• If the person votes or abstains from voting in contrary to any direction
issued by the political party or by any person or authority authorized to
give directions.

In either case, the prior permission of such political party, person or authority
must be sought. The voting or abstention must be approved by the political party,
person or authority within fifteen days from the date of voting or abstention.

When a member of a House claims that he and any other members of his party
have formed a group representing a faction emerging as a result of a split in his
original political party. If such a group consists of one-third or more of the
members of such a political party then the ministers cannot be disqualified under
Anti-Defection laws.
Article 75 of the Constitution of India provides for provisions relating to the
appointment of the Union Ministers.

At first, the Prime Minister is appointed by the President and then the President
appoints other ministers on the advice of the Prime Minister.

The provision clearly states that any minister, who is not a member of either
House of the Parliament, shall cease to be a minister after the period of six months
from the date of his appointment.

The non-member must get elected to either House of the Parliament in order to
continue as a Minister of Lok Sabha.

Prime Minister: -

The Prime Minister of India is appointed by the President through provisions

under Article 84 and Article 75. Prime minister is the leader of the majority party
or coalition of parties of Lok Sabha. When a party achieves majority the leader
of that party is called upon by the President to be the Prime Minister of the
country. He is considered as the real head of the country.

Constitutional Duties of Prime Minister

The constitution envisages the Prime Minister with certain rights and duties. The
functions of the Prime Minister are as follows:

• The Prime Minister proposes the names of the members to President for
appointment as Ministers of the government;
• Prime minister can reshuffle the Cabinet and decides for the distribution
of charges of different ministries as well;
• He presides over the meetings of the Cabinet and can also change the
decisions taken by the Cabinet;
• He suggests the President of India about the resignation or removal of
any minister from the Cabinet;
 • He also directs and controls the functioning of Ministers in the Cabinet;
• The Prime Minister may resign at any time and can even ask the
President of India to dissolve the Cabinet.;
• He can advise the President to dissolve entire Lok Sabha to conduct
fresh elections;
• The Cabinet stops functioning If the Prime Minister resigns from his
post, and spontaneously dissolves after the death of the Prime Minister.

Rights and powers regarding Appointments:

Prime Minister can advise the President for the appointment of the following:

• Comptroller and Auditor General of India;

• Attorney General of India;
• Advocate General of India;
• Chairman and members of UPSC;
• Selection of Election Commissioners;
• Members and chairman of the Finance Commission.

Rights/Powers with regard to Parliament of India:

Prime Minister is the leader of the Lok Sabha with rights to exercise the powers
as follows:

• The prime minister decides the foreign policy of the country.

• He is the speaker of the Central Government.
• He is the leader of the majority party or coalition of parties in the
Parliament.
• The Prime Minister is also is the chairman of various organizations
including:

1. NITI Aayog;
2. National Development Council;
3. National Integration Council;
4. Inter-state Council;
5. National Water Resources Council.
 • He is also the head of the disaster management team during a political
level emergency.
• He is also the political head of all the forces.

Dismissal of a Minister

The minister of the Lok Sabha can be removed from his post under the following
conditions:

• Upon the death of the minister;

• Upon self-resignation from the minister;
• If the minister is dismissal by the President, for unconstitutional his acts
as per Article 75(2);
• Article 75 of the constitution states that the minister holds the office at
the pleasure of the President;
• Upon direction from the Court for committing the violation of any law;
• If the minister loses the eligibility to be a member of Parliament.
The Supreme Court of India; The State High – Courts;

The Supreme Court: -

Constitution of Supreme Court on 28 Jan 1950, the Supreme Court came into
being. The inauguration took place in the chamber of Princes in the Parliament.
It was here in the princes, that the federal court of India had sat for 12 years
between 1937 and 1950.
The original Constitution of 1950 under Article 124 envisaged a supreme court
with a Chief Justice and 7 Puisne judges leaving it to parliament to increase this
number.as the work of the Court increased and arrears of cases began
Parliament increased no. of judges in 26 in 1986 including Chief Justice.
In Part V of the constitution deal with the organization, independence,
jurisdiction, powers procedures of the Supreme Court. At present Supreme
Court has 31 judges including the Chief Justice of India.

1. Article No.124
Subject matter:-Establishment and Constitution of Supreme Court

2. Article No.125
Subject matter: -Salaries, etc., of Judges

3. Article No.126
Subject matter: -Appointment of acting Chief Justice

4. Article No. 127

Subject matter: -Appointment of ad hoc Judges

5. Article No. 128

Subject matter: -Attendance of retired Judges at sittings of the Supreme Court

6. Article No. 129

Subject matter: -Supreme Court to be a court of record

7. Article No. 130

Subject matter: -Seat of Supreme Court

8. Article No.131
Subject matter: -Original jurisdiction of the Supreme Court

9. Article No.131A
Subject matter: -Exclusive jurisdiction of the Supreme Court in regard to
questions as to

constitutional validity of Central Laws (Repealed)

10. Article No.132

Subject matter:-Appellate jurisdiction of Supreme Court in appeals from High
Courts in certain cases

11. Article No.133

Subject matter: -Appellate jurisdiction of Supreme Court in appeals from High
Courts in regard to civil matters

12. Article No.134

Subject matter: -Appellate jurisdiction of Supreme Court in regard to criminal
matters

13. Article No. 134A

Subject matter: - Certificate for appeal to the Supreme Court

14. Article No.135

Subject matter: -Jurisdiction and powers of the Federal Court under existing law
to be exercisable by the Supreme Court

15. Article No.136

Subject matter: -Special leave to appeal by the Supreme Court

16. Article No.137

Subject matter: -Review of judgments or orders by the Supreme Court

17. Article No.138

Subject matter: -Enlargement of the jurisdiction of the Supreme Court

18. Article No.139

Subject matter: -Conferment on the Supreme Court of powers to issue certain
writs

19. Article No.139A

Subject matter: -Transfer of certain cases

20. Article No.140

Subject matter: -Ancillary powers of Supreme Court

21. Article No.141

Subject matter: -Law declared by Supreme Court to be binding on all courts

22. Article No.142

Subject matter: -Enforcement of decrees and orders of Supreme Court and
orders as to discovery, etc.

23. Article No. 143

Subject matter:-Power of President to consult Supreme Court

24. Article No.144

Subject matter: -Civil and judicial authorities to act in aid of the Supreme Court

24. Article No. 144A

Subject matter: -Special provisions as to disposal of questions relating to
constitutional validity of laws (Repealed)

25. Article No. 145

Subject matter: -Rules of court, etc.

26. Article No. 146

Subject matter: -Officers and servants and the expenses of the Supreme Court

27. Article No. 147

Subject matter: -Interpretation
The High Courts: -
As per the Constitution of India, Articles 214-231 deals with
the provisions of the High Courts in India. At present, we have 24 high courts in
the country, which includes 3 common high courts. Article 217 deals with the
appointment of judges. However, there is also a procedure for removal of
Judges of the High Court.

It provides for separate high courts for separate states but according to 7th
constitutional amendment act the same high court can be the court for more than
one state. At present, we have 21 high courts in the country, which includes 3
common high courts.

Article 214 says that every State has a High Court operating within its
territorial jurisdiction. But the Parliament has the power to establish a common
High Court for two or more States (Article 231). For Instance, Punjab and
Haryana have a common High Court. Similarly, there is one High Court for
Assam, Nagaland, Meghalaya, Manipur and Tripura.

In India, neither the State executive nor the State Legislature has any power to
control the High Courts or two after its Constitution or organization. It is only
Parliament which can do it. In case of Union Territories, the Parliament may by
law extend the jurisdiction of a High Court to or exclude the jurisdiction of a
High Court from any Union Territory, or create a High Court for a Union
Territory.

Composition of High Courts:

(I) Every High Court shall consist of a Chief Justice and such other judges as
the President of India may from time to time appoint.

(ii) Besides, the President has the power to appoint

(a) Additional Judges for a temporary period not exceeding two years, for the
clearance of areas of work in a High Court;

(b) an acting judge, when a permanent judge of a High Court (other than Chief
Justice) is temporarily absent or unable to perform his duties or is appointed to
act temporarily as Chief Justice.

But neither an additional nor an acting Judge can hold office beyond the age of
62 years (by 15th Amendment) Act age of retirement raised from 60 to 62.

Appointment and Conditions of Office of a Judge of a High Court:

Every Judge of a High Court shall be appointed by the President. In making the
appointment, the President shall consult the Chief Justice of India, the Governor
of the State (and also the Chief Justice of that High Court in the matter of
appointment of a Judge other than the Chief Justice).

Tenure:
A Judge of the High Court shall hold office until the age of 62 years.:

Every Judge, permanent, additional or acting, may vacate his office earlier in
any of the following ways;

(I) by resignation in writing addressed to the President;

(ii) by being appointed a Judge of the Supreme Court or being transferred to

any other High Court, by the President;

(iii) by removal by the President on an address of both Houses of Parliament

(supported by the vote of 2/3 of the members present) on the ground of proved
misbehavior or incapacity, the mode of removal of a Judge of the High Court
shall thus be the same as that of a judge of the Supreme Court.
Salary and Allowances of the Judges:
It is provided that the judges of the High Court shall draw such salaries and
allowances, as the Parliament may by law fix from time to time.

By laying down that a Judge of the High Court shall not be removed, except in
the manner provided for the removal of a Judge of the Supreme Court (Article
218)

by specifying in the Constitution, the salaries payable to the Judges and

providing that the allowances of a Judge or his rights in respect of absence or
pension shall not be varied by Parliament to his disadvantage after his
appointment (Article 221)

by laying down that after retirement a permanent Judge of High Court shall not
plead or act in a Court or before any authority in India, except the Supreme
Court and a High Court other than the -High Court in which he had held his
office (Article 220).

Appointment, (Article 217),

transfer from one High Court to another (Article 222) and removal [Article
217(1)] and determination of dispute as to age of Judges of High Courts [Article
217 (3)];

The Constitution and organization of High Courts and the power to establish a
common High Court for two or more States (Article 231); and

To extend the jurisdiction of a High Court to, or to exclude it jurisdiction from,

a Union Territory, are all exclusive powers of the Union Parliament (Article
231).
Jurisdiction of High Courts:
The constitution does not attempt detailed definitions or classification of the
different types of jurisdiction of the High Courts. It was presumed that the High
Court’s which were functioning with well- defined jurisdiction at the time of the
framing of the Constitution would continue with it and maintain their position
as the highest courts in the States.

The Constitution, accordingly, provided that the High Courts would retain their
existing jurisdiction and any future law that was to be made by the Legislatures.

(a) Original and Appellate Jurisdiction:

The High Courts are primarily courts of appeal. Only in matters of admiralty,
probate, matrimonial, contempt of Court, enforcement of Fundamental Rights
and cases ordered to be transferred from a lower court involving the
interpretation of the Constitution to their own file, they have original
jurisdiction.

(b) Power of Superintendence and Transfer:

Every High Court has a power of superintendence over all courts and tribunals
throughout the territory in relation to which it exercises jurisdiction, excepting
military tribunals [Art. 227]. This power of superintendence is a very wide
power in as much as it extends to all courts as well as tribunals within the State,
whether such court or tribunal is subject to the appellate jurisdiction of the High
Court or not.

(c) Writ Jurisdiction:

Article 226 of the Constitution empowers every High Court, throughout the
territories in relation to its which exercises jurisdiction to issue to any person or
authority, including in appropriate cases, any Government, within those
territories, directions, orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warrantor and certiorari, or any of them, for
the enforcement of any of the Fundamental Rights and for any other purpose.

The Constitution by Forty-second amendment omitted the provision “for any

other purpose”, but the Forty-fourth amendment has restored it. The peculiarity
of this jurisdiction is that being conferred by the Constitution, it cannot be taken
away or abridged by anything short of an amendment of the Constitution itself.

(d) Court of Record:

The High Court is a court of record and has all the powers of such a court
including the power to punish for contempt of itself. The two characteristics of a
court of record are that the records of such a Court are admitted to be of
evidentiary value and that they cannot be questioned when produced before any
court and that it has the power to punish for contempt of itself. Neither the
Supreme Court nor the Legislature can deprive a High Court of its power of
punishing contempt of itself.

Article 229: - (I) Appointments of officers and servants of a High Court are
made by the Chief Justice of the High Court.
(ii) Subject to the provisions of any law made by the Legislature of the State,
the conditions of service of Officers and servants of a High Court shall be such
as may be prescribed by the rules made by the Chief Justice of the High Court.

(iii) The administrative expenses of the High Court including all salaries,
allowances, etc. are charged upon the Consolidated Fund of the State.

SHUBHANSHU
TRIPATHI
(BALLB)