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Target 2013 Module SGS-3 : Indian Polity & Constitution 1
Constitution Part III: Introduction to Fundamental Rights
Contents
1. The Nehru Report: the First demand of Fundamental Rights 17. Article 17: Abolition of Untouchability
2. Advisory Committee on Fundamental Rights 18. Article 18: Abolition of titles
3. Sources of Fundamental Rights 19. Article 19-22: Right to Freedom
4. Importance of Fundamental Rights 20. Article 19: Protection of certain rights regarding freedom of
5. Classification of fundamental rights speech, etc
6. Fundamental Rights: Are they against the state or individual 21. Article 20: Protection in respect of conviction for offences
or both? 22. Article 21: Protection of life and personal liberty
7. Are all fundamental rights self executory? 23. Article 22: Preventive Detention
8. Legal Rights versus Fundamental Rights 24. Rights against Exploitation: Article 23 & 24
9. Restrictions or suspension of fundamental rights 25. Prevention of Child Labour: Article 24
10. Suspension of Fundamental Rights 26. Right to Freedom of Religion: Article 25-28
11. Article 12: What is a State? 27. Implications of Article 25 & 26 not being absolute
12. Is Judiciary a state? 28. Cultural & Educational Rights: Article 29-30
13. All laws should conform to Fundamental Rights: Article 13 29. Issues Related to Minority Institutions
14. Equality before law: Article 14 & Doctrine of Reasonable 30. Article 32: Right to Constitutional Remedies
Classification 31. Types of Writ
15. Article 15: Prohibition of Discrimination 32. Power of parliament and Suspension of Fundamental Rights:
16. Equality of opportunity in matters of public employment: Article 33 & 34
Article 16
Part III of our constitution, which contains fundamental rights, has been described as the magna carta of India.
Fundamental Rights are certain secured and guaranteed rights, which are generally considered inherent in man 1
and cannot be taken away by the state. The fundamental rights are also called the natural rights which command
higher sanctity than other rights such as legal rights.
Nehru Report: the First demand of Fundamental Rights
When the Constitution of India was being drafted by the Constituent Assembly, it had already become clear that the
fundamental rights were going to be an integral part of Indian Constitution, because throughout the freedom struggle,
the demand for fundamental rights had been on the forefront.
In the Madras session of 1927, a resolution was adopted to draft a “Swaraj Constitution” for India. The Motilal Nehru
Report of 1928 thus came up with the following observation:
It is obvious that our first care should be to have our fundamental rights guaranteed in a manner which will
not permit their withdrawal under any circumstances.
Thus, the Nehru Report demanded inalienable fundamental rights for the people of India. It was basically inspired
by the American bill of rights, which had a great impact on the thinking of Indian Leaders. The Nehru report was
discarded by Simon Commission.
Advisory Committee on Fundamental Rights
The Constitution assembly, when met for the first time on December 9, 1946, the idea of a dedicated Chapter on
Fundamental Rights was not opposed by any member. After adopting the 'Objectives Resolution', moved by Nehru, the
Constituent Assembly appointed an advisory committee under Sardar Vallabhbhai Patel on January 24, 1947. This
advisory committee dealt with the rights of citizens, minorities, tribal and excluded areas. Patel presented the
committee's recommendations on political safeguards for minorities sans separate electorates on August 27. The
recommendations were accepted in the Assembly the following day.
We should note here that Sardar Vallabhbhai Patel was the spirit behind some of the landmark provisions of Indian
principles such as Fundamental Rights, the position of the Prime Minister, the Election Procedure of the President and
the Status of Kashmir.
Sources of Fundamental Rights
The framers of the Indian Constitution were in a happy
position to examine the experience of a variety of Our experience with British rule was painful because basic
rights were dependent on the whim of the rulers. Hence
constitutions from different parts of the world to select the our constitution secures to the people certain basic rights
which cannot be trampled by the state. In this respect
appropriate rights to be safeguarded as fundamental rights. we have followed the American constitution. The
constituent assembly was determined to safeguard certain
Out of them, the Bill of Rights of American Constitution, rights and incorporated them in part III of the constitution.
Please note that wherever the word 'he' is used, it is used to indicate person, a office holder regardless of the gender in constitution of India
and should be viewed in broader sense as nothing sort of Facebook Group: Indian Administrative Service ( Raz Kr)
gender discrimination.
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French declaration of Rights of Man and the Irish Constitution of 1935 were most important. These three were from pre
WW-II era. Among those from post WW-II era, the Constitution of Japan and Myanmar attracted them most.
Then, at the same time, the Universal Declaration of Human Rights was on the final stage of drafting at the United
Nations.
Apart from these, the situation and circumstances at home had influenced the framing of the Fundamental rights.
• First of them was the special disability the people of India suffered during the British Rule.
• Second was the division of Indian society into various castes, creeds as a large section of Indian society was
“untouchables”
• Third was the presence of various religious minorities in India whose cultural and other rights had to be
safeguarded.
But the major issue for the constituent assembly was to arrive at selection of rights. The following questions needed
answers before a chapter was to be added to the constitution:
• What rights should be fundamental?
• If the right to life, liberty and property were fundamental, then what about employment and education?
• Are they going to be individualistic focussed?
• Are they going to be justifiable or not justifiable?
• To what extent, the state of India is capable to provide justification to those rights?
It was almost agreeable that at that point of time, it was not the capability of the Indian State to guarantee right to
employment and education to all. This means that it was not the lack of will but was the lack of resources that the state
could not guarantee of kinds of rights. Consequently, the rights were divided into two parts as follows:
1. Justifiable Rights
2. Non-justifiable rights
The Justifiable rights were those enforceable by a court of law. These enforceable rights were incorporated in the
Part III of the Constitution. The non-justifiable rights were incorporated as a directive to the state to take all measures
to provide those rights to individuals without any guarantee. They were incorporated in the part IV of the constitution
and were called Directive Principles of State Policy.
Importance of Fundamental Rights
Part III of the constitution covers all the traditional civil and political rights enumerated in the universal declaration of
human rights. Dr. Ambedkar described them as the most citizen part of the constitution. Fundamental rights were deemed
essential to protect the rights and liberties of the people against the encroachment of the power delegated by them to their
government.
These fundamental rights represent the basic values cherished by the people of this country since the Vedic times and
they are calculated to protect the dignity of the individual and create conditions in which every human being can
develop his personality to the fullest extent. They weave a pattern of guarantee on the basic structure of human rights,
and impose negative obligations on the state not on encroach on individual liberty in its various dimensions.
These rights are regarded as fundamental because they are most essential for the attainment by the individual of his
full intellectual, moral and spiritual status. The object the inclusion of them in the constitution is to establish a
government of law and not of man. The object is to establish of law.
Classification of fundamental rights
The fundamental rights under the constitution can be classified under the following six groups:
1. Right to equality (Arts. 14-18)
2. Right to freedom (Arts. 19-22)
3. Right against exploitation (Arts. 23-24)
4. Right to freedom of religion (Arts. 25-28)
5. Cultural and educational rights (Arts. 29-30)
6. Right to constitutional remedies (Arts. 32-35)
Fundamental Rights: Are they against the state or individual or both?
Fundamental rights available against state and not private individuals
The conflict between individuals and state is as old as our history. The individuals need personal liberty and state has
the power to decide those liberties. Thus, if the state has absolute power to cut down those liberties of an individual, it
would be tyranny. Thus, the individuals need constitutional protection against the state. The rights which are given to
the citizens by way of fundamental rights are a guarantee against state action as distinguished from violation by the
ordinary law of land. Thus, Fundamental rights are against the state for the protection of individual.
Are all fundamental rights self executory?
Please note that there are certain rights in Indian constitution which don’t need any legislation to make them
enforceable. For example there is no need to enact a separate legislation to make the Right to Equality enforceable.
These are called self executory. At the same time, there are certain rights which are imperfect in just being inscribed to
the constitution and need further legislation to make them enforceable. Such rights are Art. 17 (untouchables) Article
21A (right to free & compulsory education); Article 23 (traffic in human beings; and Article 24 (child labour).
Legal Rights versus Fundamental Rights
The legal rights are protected by an ordinary law, but they can be altered or taken away be the legislature by changing
that law. Fundamental Rights are protected and Guaranteed by the Constitution and they cannot be taken away by an
ordinary law enacted by the legislature. If a legal right of a person is violated, he can move to an ordinary court, but if a
fundamental right is violated the Constitution provides that the affected person may move to High court or Supreme Court.
Here we should note that the Rights to Property was a fundamental right before 1978. The Constitution (Forty-fourth
Amendment) Act, 1978, taken away the Right to property (Article 31) as a Fundamental Right and was made a legal
right under new Article 300 A.
 An ordinary right generally imposes a corresponding duty on another individual (and, state in some cases) but a
fundamental right is a right which an individual possess against the state.
 Fundamental rights are protected against invasion by the executive, legislature and the judiciary. All
fundamental rights are limitations on legislative power. Laws and executive actions which abridge or are in
conflict with such rights are void and ineffective.
 Our constitution guarantees the right to move the Supreme Court for the enforcement of fundamental rights.
Thus the remedy itself is a fundamental right. This distinguishes it from other rights.
 The Supreme Court is the guardian of fundamental rights.
Please note that all constitution rights not fundamental rights e.g. right not to be subjected to taxation without
authority of law (art. 265), right to property (art. 300a), and freedom of trade (art. 301).
• A fundamental right cannot be waived. An ordinary legal right can be waived by an individual.
Restrictions or suspension of fundamental rights
If the individual is allowed to have absolute freedom of speech and action, the result would be chaos and disorder. Thus,
absolute and unrestricted individual rights do not, and cannot exist in any modern state.
Our constitution permits reasonable restriction to be imposed on individual’s liberties in the interest of society. The
possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing
authority essential to the safety, health peace, general order and morals of the community. In fact, for the very
protection of these rights the society must arm itself with certain powers. What the constitution therefore attempts to
do by declaring the rights of the people is to strike a balance between individual liberty and social control.
Suspension of Fundamental Rights
The constitution of India provides for the suspension of fundamental rights in certain circumstances. Article 358
provides that when the proclamation of emergency is made by the president under Article 352, the freedoms
guaranteed by Article 19 (Freedom of Speech etc.) are automatically suspended for the period of emergency. Then,
Article 33 empowers parliament to modify the application of fundamental rights to the armed forces or forces charged
with maintenance of public order, etc. In the interest of discharge of duties and maintenance of discipline, under art. 34,
parliament may by law indemnify any person for anything done in contravention of fundamental rights for
maintenance of order during the operation of martial law.
Article 12: What is a State?
Article 12 defines the “state”. The state includes the Government and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within the territory of India or under the control
of the Government of India.
Please note that this definition of an state is not exhaustive but is inclusive. This means that apart from those organs or
bodies which have been enumerated, others may also be covered by the expression state.
Thus, Article 12 is an interpretative article and has been interpreted by the Supreme Court at various times in various
ways.
According to various interpretations of the term state as given by Supreme Court, the State includes the following:
• Executive and legislature of union and states: It would obviously include; union and state government and
parliament and state legislatures. The acting president of India and governors of states, which form part of the
executive. The term government includes a department of government or any institution under the control of a
government department e.g. the I.T. or excise department; the forest research institute, Dehradun etc.
• Authorities: Authority means the power to make laws, orders, regulations, bye-laws, etc. Which have the force
of law and power to enforce those laws? For example the bye-laws made by a municipal committees.
• Local authorities: The expression as defined in sec. 3 of the general clauses act refers to authorities like
municipalities, district boards, Panchayats etc.
• Other authorities: The expression other authorities in art. 12 is used after mentioning the executive and
legislature of union and states, and all local authorities. Thus, it was held that it could only indicate
authorities exercising governmental or sovereign functions. It cannot include persons, natural or juristic e.g.
university unless it is maintained by the state. But, later it was held that ejusdem generis rule could not be
resorted to in interpreting this expression, as there is no common genus running through these named bodies
(in art. 12), nor can these bodies so placed in one single category on any rational basis. This leads us to dig into
various cases in which some bodies were declared other authorities. Here is a summary of what has been
judged as authority and what has been not judged as other authority by the court:
o What is State?
 Statutory and non-statutory bodies that get financial resources from government , have deep
pervasive control of government and with functional characters as such as ICAR, CSIR, ONGC,
IDBI, Electricity Boards, NAFED, Delhi Transport corporation etc.
o What is not a state?
 Statutory and Non-statutory bodies which are not substantially generally financed by the
government such as autonomous bodies, and government control is not very deeply
pervasive. Example are NCERT.
Is Judiciary a state?
In the constitution, the judiciary is not specifically mentioned in art. 12. The judicial view is that the judgements of
courts cannot be challenged on the ground that they contravene fundamental rights. The court has held that no judicial
proceeding could be said to violate any of the fundamental rights. However, many opine that the judiciary should be
included in the definition of the state and a judge acting as a judge is subject to the writ-jurisdiction of supreme court.
All laws should conform to Fundamental Rights: Article 13
Article 13 makes all laws in force in the country immediately before the commencement of the constitution void so far
they are inconsistent with the provisions of the part III. This means that if there was a law in action before the
commencement of the constitution which in any ways did not conform to the fundamental rights, the law would stand
void.
Then, the same Article makes clear that in future, the State shall not make any law which takes away the Fundamental
Rights given by Part III. The law here does not only include the legislation but also an ordinance, order, bye-law, rule,
regulation, notification. This means that Parliament can not make any law which takes away the fundamental rights of
the individuals.
This also means that Article 13 provides for the judicial review of all legislations in India, past as well as future. All laws
whether made by a legislature or by a delegated authority and all executive acts must respect and conform to the
fundamental rights. The ordinances promulgated by the president under art.123 or by the governor under art. 213 must
also not be inconsistent with the implement the fundamental rights. Art. 13 imposes an obligation on the state to
respect and implement the fundamental rights and at the same time confers a power on the courts (Supreme and High
courts via 32 and 226 respectively) to declare a law/act void if it infringes a fundamental right. Art.13, thus, provides
teeth to the fundamental rights and makes them justiciable i.e. enforceable in the courts.
Equality before law: Article 14 & Doctrine of Reasonable Classification
Article 14 says that State shall not deny to any person equality before the law or the equal protection of the laws within
the territory of India. Equality before law as provided in the Article 14 of our constitution provides that no one is above
the law of the land. Rule of the Law is an inference derived from Article 14 of the constitution. The article 14 aims to
establish the “Equality of Status and Opportunity” as embodied in the Preamble of the Constitution.
However, Article 14 does not mean that all laws must be general in character or that the same laws should apply to all
persons or that every law must have universal application. This is because all persons are not, by nature, attainment or
circumstances in the same positions.
Thus, the State can treat different persons in differently if circumstances justify such treatment. Further, the identical
treatment in unequal circumstances would amount to inequality.
Thus, there is a necessity of the “reasonable classification” for the society to progress. The Supreme Court has maintained
that Article 14 permits reasonable classification of persons, objects, transactions by the State for the purpose of achieving
specific ends that help in the development of the society. However, Article 14 forbids “class legislation”. Class legislation
makes an improper discrimination by conferring particular privileges upon a class of persons.
However, some argue that the extensive use of device of “reasonable classification” by State and its approval by the
Supreme Court has rendered the guarantee of ‘fair and equitable” treatment under Article 14 illusory. Here comes the
role of “Test of reasonable classification”. The Test of Reasonable Classification says that the classification must be
based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of
the group. This differentia must have a rational relation to the object of classification. There should be a relation
between the differentiations to the object of the classification. If there are no such relations, the reasonable
classification would fail.
For example denial of grant to a private college teaching law while giving grant to other private colleges teaching other
subjects is not permissible. However, reduction of age from 58 years to 55 years is permissible.
Article 15: Prohibition of Discrimination
Article 15 prohibits the state from discriminating any citizen on ground of any religion, race, caste, sex, place of birth
or any of them. It provides that there shall be no restriction on any person on any of the above bases to access and use
the public places. The Article 15(3) empowers the state to make special laws regarding the women and children in the
context of discrimination.

• Article 15.4 was added by Constitution First amendment Act 1951 and Article 15.5 was added by Constitution
93rd amendment act 2005.
Article 15.1. The State shall not discriminate against any citizen on grounds only of
• Article 15.3, 15.4 & 15.5 make religion, race, caste, sex, place of birth or any of them.
special notable exceptions. Article 15.2. No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or condition
The first exception I that it with regard to-
a. access to shops, public restaurants, hotels and places of public entertainment; or
permits the state to make b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of State funds or dedicated to the use of the general public.
special provisions for women
Article 15.3. Nothing in this article shall prevent the State from making any special
and Children as provided by provision for women and children.
Article 15.4. Nothing in this article or in clause (2) of article 29 shall prevent the
Article 15.3. The second and State from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
third exceptions as per Article Scheduled Tribes.
15.4 & 15.5 empower the Article 15.5. 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
state to make special advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to
provisions for socially/ their admission to educational institutions including private educational institutions,
educationally backward whether aided or unaided by the State, other than the minority educational
institutions referred to in clause (1) of article 30.
classes of the country and
Schedule castes and scheduled tribes. Similarly Article 16(4) also empowers the state to make laws for
protection of SC and ST.
We should note here that Article 15(4) and 15(5) are the foundation bricks of reservation policy in India. It appears
that article 15(4) and 15(5) violate Article 14. However, Reservation under Article 15(4) , 15(5) and 16(4) is not the
violation of right to equality guaranteed under Article 14 because protective discrimination is also a facet of equality.
Equality is the basic feature of the Constitution of India and any treatment of equals unequally and unequal equally is
the violation of basic structure of the Constitution. The Articles 15(4) and 16(4) take into account the de facto
inequalities which exist in the society. In order to bring about the real equality, preference given to the socially and
economically disadvantaged groups is justified.
Under Article 14,15 and 16, the protective discrimination is a facet of quality. Therefore, when competing rights
between general and reserved candidates require adjudication and adjustment with the right of the general category
candidates, the doctrine of violation of Article 14 has no role to play.
Equality of opportunity in matters of public employment: Article 16
Article 16 gives the guarantee of equality of opportunity in matters of public employment.
Article 16(1) & 16(2) have laid down a general rule that there shall be equal opportunity for all citizens and thus
emphasizes on universality of Indian Citizenship. However, further section of Article 16 provides the exceptions. Article
16(3) reads as follows:
Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of
employment or appointment to an office [under the Government of, or any local or other authority within, a State or Union
territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
As per this article residence qualifications may be made necessary in the case of appointments under the state for
particular positions, thus making the domicile provisions stronger, however, the power is not vested in the states but in
Parliament to prescribe the requirement as to residence in the state. This emphasizes on making the qualifying test
uniform throughout the country.
Article 17: Abolition of Untouchability
Article 17 abolishes the untouchability and its practice in any form is made punishable under the law. This was the
article which was adopted with the cries of "Mahatma Gandhi ki Jai". Though, this article does not create a right, yet it is
a lease of rescue to the 1/6th of Indian population from perpetual subjugation, humiliation & disgrace of centuries. To
incorporate the article in the constitution as one of the most unambiguous articles of the constitution was the best way
to eradicate this evil.
To, further strengthen the constitutional provision in Article 15 and Article 17, the parliament of India enacted the
Untouchability (offences) Act in 1955 2. This act was further amended and renamed in 1976 as Protection of Civil Rights
Act, 1955.
This act lays down that whatever is open to general public (or Hindus) should be open to the members of the scheduled
castes. No shopkeeper can refuse to sell them, no person may refuse to render any service to any person on the ground
of untouchability. The act made provision for imprisonment and fine.
Article 18: Abolition of titles
• Article 18(1): No title, not being a military or academic distinction, shall be conferred by the State.
• Article 18 (2): No citizen of India shall accept any title from any foreign State.
• Article 18(3): No person who is not a citizen of India shall, while he holds any office of profit or trust under the
State, accept without the consent of the President any title from any foreign State.
• Article 18(4): No person holding any office of profit or trust under the State shall, without the consent of the
President, accept any present, emolument, or office of any kind from or under any foreign State.
Article 18 prevents the state from confirming any title except military and academic distinction. Article 18 prohibits the
Indian citizens from receiving titles from any foreign state. The foreign nationals holding the office of profit under the
state may accept titles from the foreign government with the consent of President. In a true democracy, there is no
space for artificial distinctions among the same society. Titles such as Rai Bahadur, Sawai, Rai Sahab, Zamindar,
taluqdar etc were prevalent in medieval and British India. All these titles were abolished by article 18 of the
constitution.
Article 19-22: Right to Freedom
Article 19, 20, 21 & 22 deal with the different aspects of Personal Liberty, the basic right of a citizen in a democracy.
These articles are as follows:
 Article 19: Protection of certain rights regarding freedom of speech, etc.
 Article 20: Protection in respect of conviction for offences.
 Article 21: Protection of life and personal liberty.
 Article 22: Protection against arrest and detention in certain cases.
Article 19: Protection of certain rights regarding freedom of speech, etc
Article 19 is the most important and key article which embodies the “basic freedoms”. Article 19(1) provides that all
citizens shall have the right- (originally 7, now 6)
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(f) omitted by 44th amendment act. (it was right to acquire, hold and dispose of property)
(g) to practice any profession, or to carry on any occupation, trade or business.
However, Freedom of speech and expression is not absolute. As of now, there are 8 restrictions on the freedom of
speech and expression. These are in respect of the sovereignty and integrity of the country. These 8 restrictions were:
1. Security of the state
2. Friendly relations with foreign states
3. Public Order
4. Decency or morality
5. Contempt of Court
6. Defamation
2
came into force 1st June, 1955 Facebook Group: Indian Administrative Service ( Raz Kr)
7. Incitement to offence
8. Sovereignty and integrity of India.
These 8 restrictions were embodied in their current form in the constitution First Amendment Bill 1951, this was
necessitated by Romesh Thapar v. State of Madras (1950). In this case the entry and circulation of the English journal
“Cross Road”, printed and published in Bombay, was banned by the Government of Madras. The Supreme court held in
this case that, unless a law restricting the freedom of speech and expression were directed solely against the
undermining of the security of the state or its overthrow, the law could not be held a reasonable restriction though it
sought to impose a restraint for the maintenance of public order.
 Please note that When a proclamation of emergency is made under article 352, article 19 itself remains
suspended.
Freedom of Speech and Expression
Article 19 of the constitution provides freedom of speech which is the right to express one’s opinion freely without any
fear through oral / written / electronic/ broadcasting / press.
The Constitution does not make any special / specific reference to the Freedom of Press. The protagonists of the “free
Press” called it a serious lapse of the Drafting committee. However, the freedom of expression includes freedom of
press. Dr. Ambedkar in this context had said on speaking behalf of the Drafting Committee that the press had no special
rights which are not to be given to an individual or a citizen. Dr. Ambedkar further said that the “editors or managers of
press are all citizens of the country and when they chose to write in newspapers they are merely expressing their right
of expression”.
Some landmark Supreme Court Judgments regarding the Freedom of Expression

Romesh Thapar v. State of Madras, (1950): Freedom of speech and of the press laid at the foundation of all democratic
organizations, for without free political discussion no public education, so essential for the proper functioning of the process of
popular government, is possible.”
Maneka Gandhi v. Union of India, (1978): Freedom of speech and expression has no geographical limitation and it carries
with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also.
Prabha Dutt v. Union of India ((1982) : Supreme Court directed the Superintendent of Tihar Jail to allow representatives of a
few newspapers to interview Ranga and Billa, the death sentence convicts, as they wanted to be interviewed.
Indian Express v. Union of India (1985): Press plays a very significant role in the democratic machinery. The courts have
duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom.
Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal(“Cricket Association”) (1995):
Every citizen has a fundamental right to impart as well as receive information through the electronic media. It ruled that
frequencies or airwaves are public property, and that the government enjoys no monopoly over broadcasting. Court ordered
the government to take immediate steps to set up an independent and autonomous public authority to regulate frequencies.
Freedom of speech and expression (Article 19 .1 & 19.2) played an important role in this decision.
Union of India v. Assn. for Democratic Reforms (2002): One-sided information, disinformation, misinformation and non
information, all equally create an uninformed citizenry which makes democracy a farce. Freedom of speech and expression
includes right to impart and receive information which includes freedom to hold opinions.
So, the word expression covers the Press. In modern times it covers the blogs and websites too.
Freedom of Assembly
The constitution guarantees right to hold meetings and take out processions. The processions and meetings should be
unarmed and peaceful. This right may be restricted in the interest of the public order or sovereignty and integrity of the
country.
This article has also been reviewed an interpreted by the Supreme Court many times. It’s worth note that section 144 of
the Sub-section (6), of the Code of Criminal Procedure can be imposed by the government in certain areas which makes
the assembly of 5 or more people an unlawful assembly. This section was challenged in the supreme court via Kamla
Kant Mishra And ors. vs State Of Bihar And ors. Case (1962), on the basis that it violates article 19(1) of the constitution
and thus is invalid. The Supreme Court in its judgment held that power conferred upon the State Government under
Section 144, Sub-section (6), of the Code of Criminal Procedure, is constitutionally valid.
Section 129 of the Code of Criminal Procedure authorizes the police to disperse any unlawful assembly which may
cause disturbance to public peace.
Freedom of Association
The constitution declares that all citizens will have the right to form associations and unions.
Freedom of Movement
The freedom of movement is guaranteed by the constitution and citizens can move from one state to another and
anywhere within a state. A person free to move from any point to any point within the country’s territories. There are
certain exceptions such as Scheduled Tribes areas and army areas.
Freedom of Residence:
An Indian Citizen is free to reside in any state except Jammu & Kashmir. Again this is subject to certain restrictions.
Freedom of Trade & occupation:
The constitution of India guarantees each of its citizen to do trade , occupation or business anywhere in the country.
Article 20: Protection in respect of conviction for offences
⇒ Article 20(1): No person shall be convicted of any offence except for violation of a law in force at the time of
the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the commission of the offence.
⇒ Article 20(2): No person shall be prosecuted and punished for the same offence more than once.
⇒ Article 20(3) No person accused of any offence shall be compelled to be a witness against himself.
This article embodies the fundamental principles of natural justice and provides protection against arbitrary and
excessive punishment to any person who commits an offense.
Article 21: Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
This article in the original drafted constitution used the words “no person is to be deprived of his life or liberty without
due process of law”.
The drafting committee changed it to “No person shall be deprived of his life or personal liberty except according to
procedure established by law" giving the reason that liberty should be qualified by the word personal, so that
unnecessary interpretation may be avoided.
The expression "Procedure established by law" is more definite phrase and this phrase finds the place in the Japanese
Constitution of 1946. It implies that life and personal liberty of a person cannot be encroached upon arbitrarily without
the proper sanction and provision of law.
Article 22: Preventive Detention
The Article 22 of the constitution of India is also a very important Article which has given rise to so many controversial
legislations. The issue related to this Article is “issue of preventive detention’. Our purpose is to get the basic idea of the
“preventive Detention” and related contemporary issues.
Article 22 of the constitution of India provides that :
1. A person cannot be arrested and detained without being informed about the grounds of such arrest.
2. This means that before a person is arrested, he/ she must be informed that he is being arrested and reason why he
/ she is being arrested.
3. A person who is arrested cannot be denied to be defended by a legal practitioner of his choice.
4. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
5. Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
6. The custody of the detained person cannot be beyond the said period by the authority of magistrate.
7. The Article 22(1) and 22(2) make the above provisions. However, Article 22(3) says that the above safeguards are
not available to the following:
• If the person is at the time being an enemy alien.
• If the person is arrested under certain law made for the purpose of “Preventive Detention”
The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested.
But the second clause was not easy to justify by the constituent assembly. This was one of the few provisions which
resulted in stormy and acrimonious discussions.
Rights against Exploitation: Article 23 & 24
Article 23 & 24 of Indian Constitution deal with the Right against Exploitation. Article 23 prohibits the traffic in human
beings and forced labor such as begar.
Begar was a system in which government (yes, the British Government officers) and Zamindars used to compel the
persons to carry their goods when they moved from one place to other place and this was a forced labor in which no
remuneration was paid.
The Human Trafficking is the illegal trade in human beings for the purposes of commercial sexual exploitation,
prostitution or forced labor. It is the modern form of slavery.
As per the provisions enshrined the constitution the government passed " The Immoral Traffic (Prevention) Act 1956
and " The Bonded Labour System
1. Even when the state takes up relief works such as famine or flood relief, it cannot
(Abolition) Act 1976. pay less than minimum wages.
What is Bonded Labor? 2. When the prisoners are sent for the rigorous imprisonment, they must be paid
reasonable wages. Please note that as per Supreme Court if a prisoner is not paid
Bonded Labour or Forced Labour is wages, it is NOT a violation of article 23. But if the under trials, persons sentences to
forbidden. The Forced Labour means not simple imprisonments and those who have been detained under preventive
detention can NOT be asked to do manual work. They can do work if they wish to do
only the physical and legal force but also out of their choice and it would require equitable wages.
arising out of the compulsion of the
economic circumstances.
In this context, the Supreme Court of India in People's Union for Democratic Rights and others Vs. Union of India and
others [1982] also known as "Asiad Workers Case" gave the following explanation:
"We are, therefore, of the view that when a person provides labour of service to another for remuneration which is less
than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of the words
"forced labour" under Article 23 (of the Constitution of India)."
Prevention of Child Labour: Article 24
Article 24 mandates that No child below age of 14 years shall be employed to work in any factory or mine or engaged in
any other hazardous employment.
Similarly Article 39(f) lays down certain directive principles of policy to be followed by the State:
Article 39 The State shall, in particular, direct its policy towards securing:
(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.
Child Labour: Some Implications:
1. It’s worth note that The Employment of Children Act 1938 was among the first acts to prevent child labour.
2. The provisions of this act did not include the construction work on projects because the construction industry was not a
process specified in the Schedule to the Act. But construction work & projects were held equal to hazardous occupation
by the Supreme Court in the People’s Union for Democratic Rights v. Union of India (1982) case.
3. Similarly in the M.C.Mehta v. State of Tamil Nadu (1991) case, Supreme Court directed that children should not be
employed in hazardous jobs in factories for manufacture of match boxes and fireworks.
4. In Gaurav Jain v Union of India: [1997] case, the Supreme Court held that the children of the prostitutes have the right to
equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life
without any pre-stigma attached on them.
Right to Freedom of Religion: Article 25-28
Article 25. Freedom of conscience and free profession, practice and propagation of religion.
Article 26. Freedom to manage religious affairs.
Article 27. Freedom as to payment of taxes for promotion of any particular religion.
Article 28. Freedom as to attendance at religious instruction
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Administrative Service ( Raz Kr)
Article 25 to 28 of the constitution of India guarantees the right of Freedom of religion.
Though the Right to freedom of speech and expression (Article 19) envisages the philosophy of freedom of religion in
India because despite of the creation of Pakistan, a lot of Muslims were scattered all over India, part from Sikhs,
Parsees, Christians and others. Yet the constituent assembly made it explicit by incorporating a separate group of
Articles as per a agreement with / recommendation of Advisory Committee on Fundamental Rights, Minorities, Tribal
and Excluded Areas (Chairman: Vallabhbhai Patel) and Minorities Sub-Committee (Chairman: H.C. Mookherjee).
• Before the Constitution 42nd amendment Bill added the word “secular” in the constitution of India, the word
“secular” appeared only in “Article 25”.
• India is a secular country and there is no state religion. India also does not patronizes any religion.
• The Constitution 42nd amendment Act made the above thought “explicit” in the constitution.
Is being a Hindu means No secular?
In Our country, Hindus are in majority. However, secularism means that in India, state shall observe neutrality &
impartiality to all religions. Here, all religions are respected and all beliefs & methods of worship are accepted. All
minority religions enjoy full freedom and in certain cases protected. This is opposite in some neighbouring countries
such as Pakistan and Bangladesh which were part of India but later became Islamic countries. Secularism does not
mean that state is hostile to a particular religion. If a person is a Hindu, he / she do not cease to be a secular. The
Supreme Court in Pannalal Pitti v/s State of Andhra Pradesh mandated that while Article 25 and 26 grants religious
freedom to minority religions such as Islam and Christianity, yet they do NOT intend to DENY the same guarantee to
Hindus.
Article 25 mandates that subject to public order, morality and health, all persons enjoy the freedom of conscience
and have the right to entertain any religious belief and propagate it.
What is the meaning of subject to public order, morality and health?
This means that Article 25 & 26 are not absolute. No person can do such religious things which affect the public order,
morality and health. For example no one has right to conduct human sacrifice. No one can perform worship on busy
highway or other public places which disturb the community.
Is right to performing rituals protected?
Yes, it is protected. But the state by law may regulate the economic, financial, political, or other activity which may not
be a direct part of religion. For example management of Temples can be controlled by the state.
Does Constitution allow use of loudspeakers in temples / mosques etc.?
Using the loudspeakers for making noise is not guaranteed by the Constitution. The protagonists of this thought took
shelter of Article 19(1) freedom of speech and right to expression. However, nobody can claim a fundamental right to
create noise by amplifying the sound of his speech with the help of loudspeakers.
In this context, cracking of fireworks on Diwali & using loudspeakers for Ajan in the morning had also come under
Supreme Court’s scrutiny. The Court restricted the time of bursting the firecrackers, and it does not in any way violate
the religious rights of any person as enshrined under Article 25 of the Constitution.
The festival of Diwali is mainly associated with Pooja performed on the auspicious day and not with firecrackers. In no
religious textbook it is written that Diwali has to be celebrated by bursting crackers. Diwali is considered as a festival of
lights not of noises.
In this context, the Government of India framed and published Noise Pollution Control and Regulation Rules, 1999.
This legislation was amended in 2002 and empowered the State Governments to permit use of loudspeaker or public
address system during night hours (between 10 pm and 12 pm mid-night) on or during the cultural or religious
occasions for a limited period not exceeding 15 days.
The Supreme Court in Church of God in India v. K.K.R. Majestic Colony Welfare Assn.,(2000) held that the Court may issue
directions in respect of controlling noise pollution even if such noise was a direct result of and was connected with
religious activities. The mandate included the following lines:
"Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of others nor does it
preach that they should be through voice amplifiers or beating of drums. In our view, in a civilized society in the name
of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or
during daytime or other persons carrying on other activities cannot be permitted".
Article 26: gives every religious group a right to establish and maintain institutions for religious and charitable
purposes, manage its affairs, properties as per the law. This guarantee is available to only Citizens of India and not to
aliens.
Article 27: This Article mandates that no citizen would be compelled by the state to pay any taxes for promotion or
maintenance of particular religion or religious institutions.
Article 28: This Article mandates that No religious instruction would be imparted in the state funded educational
institutions.
Freedom of Religion and Issue of Conversion
In India, religious conversion is a thousand year old phenomenon. The forced conversion started with the invasion of
Islamic adventurers, when Hindus were forcibly converted to Muslims. The Qaimkhani Muslims are such clan which
was Hindu Rajputs 600 years ago.
During the British Era, the forced conversion into the Christian belief started and was somewhat protected by the
governance. Before India's independence, Udaipur State Conversion Act of 1946 along with Raigarh State Conversion
Act of 1936 were some acts by the princely states which tried to make the forced conversion unlawful.
In this context, In 1954 Congress government in Madhya Pradesh set up Niyogi Committee. This committee was
chaired by Justice Bhawani Shankar Niyogi, a retired Chief Justice of the Nagpur High Court. This committee submitted
its report in 1956. The Committee was set up in response to the Bharatiya Jana Sangh's protest movement, "The Anti-
Foreign Missionary Week".
This committee found that 3 “schools and hospitals were being used as means of securing converts.”Reference was also
made to the practice of the Roman Catholic priests or preachers visiting newborn babies to give ‘ashish’ (blessings) in
the name of Jesus, taking sides in litigation or domestic quarrels, kidnapping of minor children and abduction of women
and recruitment of labour for plantations in Assam or Andaman as a means of propagating the Christian faith among
the ignorant and illiterate people"
The Congress government of Madhya Pradesh as well as Sangh Parivar alleged that Christian missionaries were
creating ‘a state within a state’ and observed that the ‘philanthropic activities of Christian missionaries are a mask for
conversions.
Consequently, in 1968, the Madhya Pradesh Government passed "The Madhya Pradesh Freedom of Religion Act of
1968".
This act required an affidavit from the convert that he was not under pressure, force or allurement.
In the same year, the Orissa state government passed "The Orissa Freedom of Religions Act of 1968" This act mandates
that
"No person shall convert or attempt to convert either directly or otherwise any person from one religious faith to
another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such
conversion"
Both the above acts penalized the forced conversion. The move was later followed by Arunachal Pradesh, Tamil Nadu,
Gujarat and lately Rajasthan. The Government of Rajasthan has its own act which was passed in 2008.
 Seven of 28 states in India have passed anti-conversion laws viz. Gujarat, Orissa, Madhya Pradesh, Chhattisgarh and
Himachal Pradesh, Arunachal Pradesh & Rajasthan.
Issue of Conversion in Supreme Court:
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Vindicated by Time: The Niyogi Committee Report (edited by Group:
Sita Ram Indian Administrative
Goel, 1998) Service ( Raz Kr)
The act passed by the Madhya Pradesh Government was challenged in the Supreme Court. The landmark case was
Stanislaus versus the State of Madhya Pradesh. It was pleaded before the Supreme Court that the right to propagate
includes the right to convert. However, it was rejected by the Supreme Court and honorable apex court mandated that
forced conversions enjoy no protection under the provisions of Article 25. Similar pleas were admitted to Supreme
Court in case of Arunachal Pradesh and Gujarat and subsequently the pleas were rejected.
Implications of Article 25 & 26 not being absolute
1. Use of loudspeakers is not an integral part of the religions so the government can restrict on the use of loudspeakers for
Ajan and Bhajan Kirtans.
2. Followers of no religions have right to stop the processions of other religions on the ground that it is a nuisance.
3. State may abolish "Cow Slaughter" as sacrifice of Cow on Bakrid is not an essential part of the religion.
4. Possessing a Kirpan is an essential part of professing Sikkism and it is protected right of Sikhs. (Article 25 Explanation
I)
5. The Aligarh Muslim University was established under an act of parliament so Muslims can NOT claim to run this
university as per provisions of Article 26 & Article 29.
6. None of the rights guarantee that a Brahmin only can perform rituals of Hinduism.
Cultural & Educational Rights: Article 29-30
Both Article 29 and Articles 30 guarantee certain right to the minorities. Article 29 protects the interests of the
minorities by making a provision that any citizen / section of citizens having a distinct language, script or culture have
the right to conserve the same. Article 29 mandates that no discrimination would be done on the ground of religion,
race, caste, language or any of them.
Article 30 mandates that all minorities, whether based on religion or language, shall have the right to establish and
administer educational institutions of their choice.
• Article 30 is called a Charter of Education Rights.
• Madarsas are administrated by the Article 30.
Article 30 provides an absolute right to the minorities that they can establish their own linguistic and religious
institutions and at the same time can also claim for grant-in-aid without any discrimination.
Issues Related to Minority Institutions
Can a Madarsa 4 Can be acquired by the Government?
Yes, The article 30(1A) was inserted by the 44th Amendment Act 1978. This article provides that if while making any
law which provides for the compulsory acquisition of any property of any educational institution established and
administered by a minority, the State shall ensure that the amount fixed by or determined under such law for the
acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. This
clause makes it clear that such acquisition requires conformable compensation.
Can a Madarsa teach Computers?
In context with the Kerala Education Bill 1957, The supreme court of India said that:
Article 30 does not say that minorities based on religion should establish the educational institutions for teaching their
language / religion only. The minorities would desire that their children be eligible for higher university education, the
education institutions of minorities would also include the general secular education.
Article 31: Repealed
Article 19(1)(f) Right to acquire, hold and dispose of property and Article 31 were repealed by the Constitution 44th
Amendment Act 1978. A new part was inserted in Part XII of the Constitution and right to property has been
transferred as Article 300 A. This will be detailed when we study part XII. The main points are:
• Right to Property is not a fundamental right but a legal right
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Or any other minority institution Facebook Group: Indian Administrative Service ( Raz Kr)
• One can not approach supreme court for remedy under article 32 on violation of his / her right to property
because it is not a fundamental right.
Article 32: Right to Constitutional Remedies
Article 32 was called “the very soul of the constitution and the very heart of it” by Dr. B R Ambedkar.
Mere declaration of the fundamental right is meaningless until and unless there is an effective machinery for
enforcement of the fundamental rights. So, a right without a remedy is a worthless declaration. The framers of our
constitution adopted the special provisions in the article 32 which provide remedies to the violated fundamental rights
of a citizen.
Article 32 (1) says:
The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
Article 32 (2) says:
The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the
rights conferred by this Part.
Article 32(3) Says:
Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower
any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme
Court under clause (2).
And Article 32 (4) Says:
The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
All the 4 sections of article 32 are very important. Please note the following points:
1. Article 32(1): Guarantee to remedy
2. Article 32(2) : Power of supreme court (and high courts) to issue writs
3. Article 32(3) : Power of parliament to confer the power to issue writs to other courts (so far this power is not exercised.
4. Article 32(4) : Suspension of Fundamental Rights.
Supreme Court which is guardian of the fundamental rights in India has three kinds of jurisdiction viz. original,
appellate & advisory.
Article 32 uses the power of original jurisdiction of the Supreme Court by which any person who has a complaint
that his / her fundamental right has been violated within the territory of India may move directly to the Supreme Court.
He / She may move to the High Court does not imply that he/ she cannot move directly to the Supreme Court.
Original jurisdiction of the Supreme Court extends to any dispute between
• Government of India and one or more States
• between the Government of India and any State or States on one side and one or more States on the
other or between two or more States, if insofar as the dispute involves any question (whether of law or
of fact) on which the existence or extent of a legal right depends.
In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to
enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature
of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
Types of Writ
A writ means an order. A warrant is also a type of writ. Anything that is issued under an authority is a writ. In this
sense, using the power conferred by Article 32, the Supreme Court issues directions, orders or writs.
As we know that Article 32(3) confers the power to parliament to make law empowering any court to issue these writs.
But this power has not been used and only Supreme Court by Article 32 (2) and High Courts (Article 226) can issue
writs.
Meaning of habeas corpus, mandamus, prohibition, quo warranto and certiorari
Habeas corpus, mandamus quo warranto and certiorari are Latin words. They have different meaning and different
implications. Let’s understand one by one:
Writ of Habeas corpus
By Habeas corpus writ the Supreme Court or High Court can cause any person who has been detained or imprisoned
(this means violation of his fundamental right to liberty) to be physically brought before the court. The court then
examines the reason of his detention and if there is no legal justification of his detention, he can be set free.
Is body (physical presence) compulsory?
Ordinarily yes, but in Kanu Sanyal v/s District Magistrate (AIR) (1974) case the Supreme Court laid down that the
physical presence is NOT a part of the writ.
When the writ of Habeas corpus is issued?
• When the person is detained and not produced before the magistrate within 24 hours
• When the person is arrested without any violation of a law.
• When a person is arrested under a law which is unconstitutional
• When detention is done to harm the person or is malafide.
Who can file the petition?
A general rule of filing the petition is that a person whose right has been infringed must file a petition. But Habeas
corpus is an exception to that. This is because, a person detained or imprisoned may be severely handicapped. So
anybody on behalf of the detainee can file a petition.
Is it applicable to Preventive Detention?
Yes, it is applicable.
What is the core philosophy of Habeas corpus ?
To set at liberty a person who is confined without legal justification.
Can Habeas corpus issued against state and individuals?
Yes, the writ can be issued against authorities of states or individuals or organizations.
Writ of Mandamus
Mandamus means “we order”. The Supreme Court or High Court orders to a person, coropration, lower court, public
authority or state authority.
What order?
The order to do something. It’s a command or directive to perform something or some act.
What kind of act?
Performance of the ministerial acts or public duty. The Mandamus is also called a wakening call. It awakes the sleeping
authority to perform their duty. It demands an acivity and sets the authority in action.
Who can file a writ petition?
A person can file a writ petition against anybody who seeks a legal duty from that person.
What is legal duty?
Legal duty means some duty which is by a law viz. constitution, act, subordinate, legislation etc.
But did the person move to the authority?
Yes, the petition requires that the person moved to the authority and the authority refused to do this duty. This is
demand and refusal.
What is the core philosophy of Mandamus?
The core philosophy is that a person or authority despite of fulfillment of such conditions which demand an action
refuses to act then, the Supreme Court or High Court can ask the person or authority to perform that duty.
For example, if a person fulfills all the preconditions & formalities to be issued a license but still the authority refuses to
issue a license even after that person approaches to that particular authority, the person may seek writ petition.
What are essential conditions to file to request the court issue Mandamas writ?
• The person must have a real or special interest in the subject matter.
• The person must have specific legal right
• No other equally effective remedy is there.
The third condition can be understood by the example:
A person fulfills all the conditions of an appointment and the authority has completed the selection procedure then he
must be issued an appointment letter. But when the authority refuses to do this duty, the person is eligible to file a writ
petition under Mandamus.
Writ of Prohibition
The writ of prohibition means that the supreme court and High Courts may prohibit the lower courts such as special
tribunals, magistrates, commissions, and other judiciary officers who are doing something which exceeds to their
jurisdiction or acting contrary to the rule of natural justice.
This implies that if a judicial officer has personal interest in a case, it may hamper the decision and the course of natural
justice. Writ of Prohibition means to be issued in this case.
Writ of Certiorari
Certiorari means a writ that orders to move a suit from a inferior court to superior court.
Quo Warranto
Quo warranto means “by what warrant”?
This means that Supreme Court and High Court may issue the writ which restrains the person or authority to act in an
office which he / she is not entitled to. This writ is applicable to the public offices only.
Power of parliament and Suspension of Fundamental Rights: Article 33 & 34
Article 33 & 34 maintain that parliament has the power to modify the application of the fundamental rights to the
members of armed forces and Police forces. This is required to make the proper discharge of their duty.
This article means that in cases of a disaster or other situations such as Martial law, Curfew etc. the parliament by law
may indemnify the persons of these forces for their acts.
Article 35 provides that the freedoms guaranteed under the article 19 automatically get suspended on the proclamation
of National Emergency. For this Article 359 empowers the president to suspend the fundamental rights given by other
articles also. However, Article 20 (protection in respect of conviction for offences) and Article 21 (Protection of life and
personal liberty) cannot be suspended by any order under article 359.
Article 33 empowers the Parliament to restrict or abrogate the application of the fundamental rights in relation to the
armed forces, paramilitary forces, police etc. But it does not mean that the article itself would abrogate any rights. The
operation of this article depends upon the parliamentary legislation, though these legislations don't need to refer
this article. Such legislation by parliament of India may restrict the operation of any fundamental rights such as
Equality, Freedom of Expression, Freedom of association, Personal Liberty etc. One such article is Police Forces
(Restriction of Rights) Act, 1966. This act was even challenged in Supreme Court but was held valid. Some acts such as
Army Act 1950, Navy Act 1950, Air Forces Act 1950 were the major acts enacted by parliament of India as per this
article 33 of constitution of India.
Now, the question is that why there is limitation of fundamental rights to these people who serve the nation?
The answer itself is in the question-because they are serving the nation. We can imagine that if the members of
armed forces are given right to demonstrations, strike, form association, form unions, what would have happened.
Even, the barbers, musicians, carpenters, mechanics etc. who are employees of the armed forces also don’t have all the
fundamental rights which are available to the citizens.
Parliament is empowered to make a law determining “to what extent any of the right shall, in their application to (a)
the members of the Armed forces or (b) the members of the armed forces charged with the maintenance of public
order", be restricted or abrogated so as to ensure the proper discharge of their duties. They need to maintain discipline
and that is what this article demands.

Now, here is an important question, which needs our attention. Article 32 gives right to constitutional remedies by
means of writ petitions. Article 33 blocks some of the fundamental rights. Then are the members of armed forces
allowed to file a writ petition in Supreme Court or High court?
The answer is Yes. Here, we have to note that Article 136(2) and 227 (4) exclude the appellate jurisdiction of the
Supreme Court and the supervisory jurisdiction of the High Court in case of Court Martial. But at the same time, they
also don't exclude the operation of article 32 and 226 (powers of SC and HC to issue writs). This means that the
honorable Supreme Court as well as the High Court CAN intervene in the Court martial cases too, provided that there is
a substantive fundamental right is excluded by law made under article 33. The Supreme Court CAN intervene if the
sentence provided under court martial is disproportionate to the crime.
Article 34 pertains to the restrictions on the fundamental rights conferred by this part while martial law is in force in
any area. The article gives indemnity by law in respect to acts done during operations of martial law. Here we have to
note that the Constitution does not have a provision of authorizing the proclamation of martial law. The article simply
means that if there is a Government servant on duty, then he/ she is indemnified for the acts done by him or her in
connection with maintenance of law and order in the area where martial law is in force. This act of indemnity CAN NOT
be challenged in any court on the ground of contravention with any of the fundamental rights.
The question is what is martial law? As states above, Constitution does not define it. It has been borrowed from
English common law and simply refers to military rule. So, any administration which is carried out by armed forces is
martial law. Martial law CAN be declared in any area under the territories of India. It is generally imposed under
situations like insurgency, war, invasion, rebellion, riots or any other violent activities.

Constitution Part III: Introduction to Fundamental Rights
Contents
Story of Reservation 13. Right to Education Act: Main Features
1. Introduction 14. RTE Implementation Issues: Share of Burden
2. Discrimination on the basis of residence 15. RTE Challenged by Private Schools
3. Reservation in appointments 16. Admission Issues
4. Can reservation be at the cost of efficiency? 17. Free Education
5. Reservation for OBC: Mandal Commission 18. Extension to Class X
6. Indra Sawhney Case 1992 Abolition of untouchability
7. Reservation in Promotions 19. Defining Untouchability
8. Challenging the amendments: M Nagaraj Case 20. Protection of Civil Rights Act, 1955
9. The Constitution 117th amendment Bill 21. Prevention of Atrocities Act 1989
Right to Education Abolition of titles
10. Children in our constitution 22. Constitutional Provisions
11. The changes in constitution by 86th amendment Act
12. Background to RTE
Story of Reservation
Introduction
Article 14 of our constitution says 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. By clause (1) of article 15, the constitution says that State shall not
discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
By Clause (2) of the Article 15, Constitution makes the accessibility to shops, public restaurants, hotels and places of
public entertainment, wells, tanks, bathing ghats, roads and other places of public use which are fully or partly funded
by the Government to all people belonging to any caste, creed, race, sex or whatever.
Then, Constitution makes further clarification by clause 3 of Article 15 that State is empowered to make special
provisions for women and children.
The constitution was enacted with the above three clauses in the article 15. At the same time, we find that Article 46,
which is one of the directive principles of state policy, says that state should promote with special care the educational
and economic interests of the weaker sections of the people and protect them from social injustice.
But, if the government had done so, it would have been challenged in the court to be discriminatory. So, in order that any
special provision that the State may make for the educational, economic or social advancement of any backward class of
citizens may not be challenged on the ground of being discriminatory, the government brought the first amendment of
the constitution in 1951 and added new clauses 15(4) and 15 (4) which became the foundation bricks of
Reservation Policy in India.
By article 15(4) & Article 15(5), the state was empowered to make special provisions for the advancements of any
socially and educationally backward classes of the citizens or for the SCs and STs.
While the Article 15 is general in its scope, in the Article 16, the equality of opportunity has been emphasised. Article
16 says that no person will face discrimination in the matter of opportunity. Then this Article mentions seven
prohibited grounds viz. religion, race, caste, sex, descent, place of birth, residence or any of these seven, on which
discrimination is disallowed in India.
Discrimination on the basis of residence
Article 16(3) says that only the parliament can make any law prescribing employment or appointment for a
government job on the basis of residence. This means that if parliament finds it suitable, it can discriminate on the
ground of residence. Here, you should note that parliament is empowered to make a recruitment within a state or union
territory in which person's "residence" may get preference. But at the same time, the State Governments are NOT allowed
to make such a recruitment in which residence of a person gets preference in state government jobs.
For example, in October 2011, the Bengal Police had given a recruitment notification in which provides for jobs for not
only specific districts but even particular areas. This was against the article 16(3) of the constitution. In "Kailash
Chandra Sharma versus the State of Rajasthan and others”, the Supreme Court observed that residence within a district
or rural areas of that district should not be a valid basis for classification for the purpose of public employment.

Residence be it within a state, region, district, or lesser area within a district can not be a ground to accord preferential
treatment or reservation, as provided under Article 16(3).
Reservation in appointments
Then, in Article 16(4) the State is empowered to make any provisions for the reservation of appointments or posts in
favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services
under the State. Via various amendments, the article 16 has been further tweaked and it is now a law that:
1. State can make any provision for reservation in matters of promotion
2. Filling backlog vacancies via reservation
The above two have been enabled by the constitution only on satisfying two conditions. One of them is that State
should have an opinion that that particular class is backward. Second is that the State is of the opinion that the said
class is NOT adequately represented in the Government job. The Government had always an opinion that the SCs and
STs have not been adequately represented in the Government Jobs so used these provision to enable reservations in the
Government Jobs.
Can reservation be at the cost of efficiency?
Please note that Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration
constituently with the maintenance of efficacy of the administration. This means that in the light of Article 335, the
constitution forbade the Government to make unreasonable reservation at the cost of efficiency in the administration.
Reservation for OBC: Mandal Commission
On 20 December 1978 India’s prime minister, Morarji Desai of the Janata Party, announced the formation of a second
Backward Classes Commission whose chairman was B. P. Mandal, a former member of Parliament. The commission’s
assignments were:
x to determine criteria for defining India’s “socially and educationally backward classes”
x to recommend steps to be taken for the advancement of those classes;
x to examine the desirability of reserving state- and central-government jobs for those classes;
x and to present a report to the president of India.
On 31 December 1980 the Mandal Commission submitted its report to President N. S. Reddy, recommending ways to
advance India’s “socially and educationally backward classes.”
The Mandal Commission developed eleven indicators of social, educational, and economic backwardness. One
indicator was being considered backward by other castes or classes. Other indicators included depending mainly on
manual labour for livelihood and having an average value of family assets at least 25 percent below the state average. In
addition to identifying backward classes among Hindus, the Mandal Commission identified backward classes among
non-Hindus (e.g., Muslims, Sikhs, Christians, and Buddhists) if they had belonged to “untouchable” castes before they
converted to a non- Hindu religion, or if Hindu castes with the same occupational names, such as dhobi (launderer),
lohar (iron worker), nai (barber), or teli (oil presser), were considered backward.
In February 1980 the Mandal Commission conducted a nationwide socioeconomic field survey in which it gathered
interview data from two villages and one urban block in
405 of the nation’s 406 districts. The field survey data, The Mandal Commission concluded that India’s population consisted of
combined with information from the 1961 census, various approximately 16 percent non- Hindus, 17.5 percent Brahmans and
“forward castes,” 44 percent “other backward classes,” and 22.5 percent
states’ lists of their backward classes, and personal
scheduled castes and tribes. However, since the 16 percent non-Hindus
knowledge of Commission members and others, enabled
presumably included approximately the same proportion of “other
the Mandal Commission to generate an all-India “other backward classes” as did the Hindus (i.e., another 8%), the total
backward classes” (OBC) list of 3,743 castes and a proportion of “other backward classes” (Hindu and non-Hindu)
came to 52 percent (44% + 8%) of India’s population, therefore
moreunderprivileged “depressed backward classes” list of
27% government jobs should be reserved for them.
2,108 castes.

On 7 August 1990 Prime Minister V. P. Singh announced in the Parliament that his government would implement the
Mandal Commission’s recommendations. This was followed by the violent objections in northern part of India.
Indra Sawhney Case 1992
The 27% reservation quota for backward classes and the government notification reserving 10% government jobs for
economically backward classes among the higher castes was challenged in the Supreme Court in the Indra Sawhney
Case of 1992. On 16 November 1992 the Supreme Court upheld the Mandal Commission’s 27 percent quota for
backward classes, as well as the principle that the combined scheduled-caste, scheduled-tribe, and backward-class
beneficiaries should not exceed 50 percent of India’s population. At the same time, court also struck down the
government notification reserving 10% government jobs for economically backward classes among the higher castes.
The opinion of the Supreme Court in the Indra Sawhney case is summarized as below:
Backward Classes of the Citizens of in Article 16(4) can be identified on the basis of caste and not only on
the economic basis.
Article 16(4) is not an exception to Article 16(1)
The backward classes in Article 16(4) are not similar to as socially backward classes in Article 15(4) i.e. SC
and ST
Creamy layer can be and must be eliminated from the Backward Classes.
Article 16(4) permits the classification of backwards classes into more backward classes.
Reservation shall not exceed 50%. The court said that this rule should be applied every year. However, it
may be relaxed in favour of people from far flung and remote areas because of their peculiar conditions.
However, extreme caution should be exercised in doing so.
Carry forward rule is valid but it is subject to 50%
There should be NO reservation in the Promotions.
Reservation in Promotions
The Article 16(4) came under the Supreme Court's interpretation in the Indra Sawhney case. The members of the
Scheduled Tribes and Scheduled castes of the country were enjoying the facility of reservation in appointments as well
as promotions since 1950s. On 16 November 1992, Supreme Court in its judgment in the Indra Sawhney and Others vs.
Union of India and Others (1992) case held that the Reservation of Appointments under article 16(4) of the constitution is
CONFINED to initial appointments and does not extend to the matter of Promotion.
Thus, Indra Sawhney case made two important normative points.
The first was the 50 per cent cap on reservations, ground in the rationale that backwardness does not exist in
the abstract; it depends on the average on society.
Second, the Court held that reservations in public employment could only exist at the entry level.
The reasoning was that reservations exist to create a level-playing field, to remedy unequal starting positions, thereby
removing the justification for promotion quotas. The court used the light of Article 335 to justify this.
But the government opined that this ruling of the Supreme Court will adversely affect the interests of the Scheduled
castes and Scheduled Tribes Community of the Country. The government further opined that representation of the SCs
and STs in the services in the state have not reached the required level. This was a conflict of judiciary and interests
of the executive / legislative. So to continue the existing share of reservation in the promotions as well, an
amendment bill was brought to the parliament, which after being enacted came into force as Constitution (77th
amendment) Act, 1995. Later it was further amended to include consequential seniority by 85th amendment.
One by one, the government made four amendments of the constitution viz. 77th, 81st, 82nd and 85th to provide not
only for reservations in promotion but also for consequential seniority on that basis. What this means is that a person gets
promoted through reservations, then claims to be senior on the basis of that promotion for the purposes of a further
promotion, and this continues indefinitely.
Challenging the amendments: M Nagaraj Case
In the M Nagaraj & Others vs. Union of India & Others (2006) the validity of these amendments was challenged in the
Supreme Court through various petitions clubbed together on the ground that these altered the Basic Structure of the
Constitution. But the court upheld the amendments because they did not alter the basic structure of the constitution.
The court further held that these provisions are merely enabling provisions. If a state government wishes to
make provisions for reservation to SC/STs in promotion, the state has to collect quantifiable data showing
backwardness of the class and inadequacy of representation of that class.
The Supreme Court had made it very clear that Article 16 (4A), which was inserted through these amendments,
was only an enabling provision. In essence, every time a government or the legislature sought to provide
reservation in promotions under Article 16 (4A), it would have to pass constitutional muster. While justifying each
attempt to provide reservation in promotions, the state would have to demonstrate backwardness, inadequacy of
representation and maintenance of efficiency.
Implications of M Nagaraj Case
The conditions laid down in Nagaraj case had raised a number of concerns. Since Article 16 (4A) permits reservation in
promotions only for the SCs/STs and not for the OBCs, the first condition in Nagaraj requiring the state to demonstrate
backwardness of the beneficiaries is problematic because it may lead to bringing in the ‘creamy layer’ test for SCs/STs
through the backdoor. However, Supreme Court had held for several times that test of ‘creamy layer’ is not applicable
to SCs/STs. The settled position of law is that all members of recognised SC/ST groups automatically satisfy the
condition of backwardness and there is no burden on the state to further establish the backwardness of those
individuals benefiting from reservation.
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The Constitution 117th amendment Bill
The current controversy started from a judgment delivered by a two-judge bench of the Supreme Court in U.P Power
Corporation Ltd. v. Rajesh Kumar in April 2012. In the M. Nagaraj Case of 2006, it was already held by the Supreme
Court that the state must demonstrate backwardness, inadequacy of representation and maintenance of efficiency before
providing reservation in promotions. What the U.P Power Corporation did for the first time was to strike down
reservation in promotions for not meeting these criteria.
The UP Power corporation did this because the question of inadequacy of representation, the text of Article 16 is clear
that it is a matter for the state to determine.
The response of the government has now come in the form of 117 th Constitution Amendment Bill introduced in the
Rajya Sabha.
The article 16 4 A as per this new amendment bill speaks as follows:
Notwithstanding anything contained elsewhere in the Constitution, the Scheduled Castes and the Scheduled Tribes notified
under article 341 and article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335
shall prevent the State from making any provision for reservation in matters of promotions, with consequential seniority,
to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes to
the extent of the percentage of reservation provided to the Scheduled Castes and the Scheduled Tribes in the services of the
State.”.
We see that the proposed Article 16 (4A), which seeks to substitute the existing Article 16 (4A), has done away with
concerns of efficiency by stating that nothing in Article 335 can be an impediment, and the reference to ‘adequacy of
representation’ has been deleted.
Government says that the reservation in promotions at the entry level does not ensure that the project of equality of
opportunity is complete. It says that the reservation in promotions would take that project further, and it would not let
Article 335 to become a roadblock in this project.
Right to Education
Children in our constitution
At present, there are five articles in the constitution of India which have Children as their special focus. These articles are
Article 21A, 24, 39 & 45 and 51A (k). Thus special provisions for children find place in our constitution in Fundamental
Rights, Directive Principles as well as Fundamental Duties.
Article 21A: The Right to Education inserted in constitution via 86th amendment act.
Article 24: No child below the age of 14 years shall be employed to work in any factory or mine or engaged in
hazardous employment.
Article 39 (f): The State shall, in particular, direct its policy towards securing—
(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 45 : The State shall endeavour 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 51A(k): who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years.
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The changes in constitution by 86th amendment Act
The 86th Amendment Act 2002 had made the following changes in our constitution:
Change in Fundamental Rights:
A new article 21A was inserted below the Article 21 which made Right to Education a Fundamental Right
for children in the range of 6-14 years. This article reads:
“The State shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine”
Change in DPSP:
Article 45 which originally stated:
The State shall endeavour 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.
Was substituted as
The State shall endeavor to provide early childhood care and education for all children until they complete the age of six
years 1."
Change in Fundamental Duties
Article 51A was also amended and after clause (J), the clause (k) was added which says:
"who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the
age of six and fourteen years.".
As per the above amendments, the 86th Amendment Act came up with the following:
x It made Right to Education a Fundamental Right for Children from Age 6-14.
x It made education for all children below 6 years a Directive Principle for State Policy (DPSP).
x It made the opportunities for education to child a Fundamental duty of the parents of
the children.
Thus, we see that Right to Education is acquired by a child when he / she attains the age of 6 years. The day this 86th
Amendment Act was passed, a huge crowd of 70,000 people gathered at the capital and demanding that education be
made a fundamental right also for children up to six years of age.
Background to RTE
9 The 1986 National Policy of Education DID NOT make the education compulsory.
9 The first official document on the education right of children was Ramamurti Committee Report in 1990
which reviewed the National Education Policy 1986. This committee mentioned that not paying attention to
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the right to education was the most fundamental problem of our education system. Ramamurti Committee
also noted that “the time has come to recognize “Right to Education’ as a fundamental right of the Indian
Citizens.
9 In 1991, a book by Myron Wiener titled “ The Child and State in India: Child labour & Education in
comparative perspective” noted states failure to eradicate child labour and enforce compulsory education.
9 In 1992, India became signatory to the UN Convention on Rights of the Child. Article 28 of this Convention
“asks the states to recognize right of education for every child and make primary education compulsory”. At
that time, it was not in line with the constitution’s provision in article 51(c) which says: State shall endeavor
to foster respect for international law and treaty obligations. (DPSP)
9 In 1993, Supreme Court Gave its landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh &
Others. In this case, SC held that Education is a Fundamental right flowing from Article 21.
9 In 1994, The United Front Government set up Saikia Committee to examine the proposal of making right to
free and compulsory education.
9 In 1997, the Saikia Committee Reported that Constitution of India should be amended to make the right to
free education up to 14 years of age a compulsory right. It also recommended making an explicit fundamental
duty of every parent to provide opportunities for elementary education.
9 In 1997, the United Front Government introduced 83rd Amendment Bill, 1997 which encompassed insertion
of article 21A & omitting article 45 of the Constitution. This amendment bill had an additional financial
memorandum that outlined the costs that would go into making education for children in the six to 14 age
groups a fundamental right for a 10-year period.
9 Tapas Majumdar Committee was set up by the NDA Government in 1999 to look into the financial
implications of operationalising the 83rd Amendment Bill introduced by the United Front government in
1997, seeking to make the right to free and compulsory education up to the age of 14 a fundamental right.
The 83rd Amendment Bill was renamed the 93rd Amendment Bill and significant changes were incorporated
in it. The tapas majumadar committee recommended that even children belonging to the poorest sections of
society must receive education that was comparable in quality with the best. It did not advocate low-cost
alternatives.
9 The 93rd Amendment Bill was discussed and passed By Lok Sabha on 27 November 2001 and Rajya Sabha on
14th May 2002. The date of the bill was to amended from 2001 to 2002 so it again went to Lok Sabha.
9 After ratification by the President, it became Constitution 86th Amendment Act.
9 In pursuance with article 21A, which says that “The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may, by law, determine” and
Constitution 86th amendment act, it was now up to the state (means central government) to determine how
and in which manner the Free & compulsory education is to be provided.
9 The 86th amendment provided for a follow-up legislation, which culminated in Right to Education Bill 2005,
Right to Education Bill 2008 and finally Right to Education Act 2009.
Right to Education Act: Main Features
Education as Fundamental Right:
" Every Child of the age group of 6-14 years shall have right to free and compulsory Education.
" No child is liable to pay any kind of fee/ capitation fee/ charges. A collection of capitation fee invites a fine up to 10
times the amount collected.
Children from Disadvantaged Group:
" This right provides that “ child belonging to disadvantage group” means a child who
1. Belongs to SC & ST
2. Socially backward class.
3. Geographical, Linguistic, Gender or such other matters.
4. Is differentially abled.
The Right to Education Act 2009 did not initially talk about “Physically disabled” children. To enable such provisions,
the Right of Children to Free & Compulsory Education (Amendment) Bill 2010 was introduced in the Rajya Sabha on
April 16, 2010. This bill was later referred to a standing committee on Human Resource Development. The bill was
passed in both the houses of the parliament by May 2012 thus expanding the definition of “Child belonging to
disadvantaged group”. Now this group shall also include the children with disability. Disability means blind, leprosy
cured, hearing impaired, locomotor disabled and mentally ill. It also includes autism, cerebral palsy, mental
retardation & multiple disabilities. These children have the same right as of other children. Please note that Right to
Education of persons with disabilities until 18 years of age is laid down under a separate legislation- the Persons
with Disabilities Act. A number of other provisions regarding improvement of school infrastructure, teacher-student
ratio and faculty are made in the Act.
Teachers:
This act provides that the states will ensure that no non-teaching work is given to the teachers. The act recommends
quality teachers and mandates that untrained teachers will have to upgrade themselves in 5 years.
Schools:
The act has listed minimum infrastructure requirements as a part of the schools and mandates the states to ensure
that schools have these requirements. The schools which don’t conform to the quality standards as mentioned in the
act, will upgrade themselves in 3 years or face derecognition.
Reservation:
The act mandates 25% reservation for disadvantage sections of the society as defined by the act.
Management Committees:
The act mandates that parents are to constitute the 75% members in the management committees. The School
management committees are to have 50% women members.
Screening:
This act makes the screening of students / parents unlawful. It invites fine up to ` 25000 in the first instance and
double in every successive violations.
Examinations:
No child can be put through any exam, not even class V & Class VIII board examinations.
Number of Teachers:
The act mandates number of teachers as follows: (please note that in newspapers, different news have written
different ratios. The following list is reproduced from the official document 2)
Class I to Class V
9 Up to 60 children : 2 teachers (Pupil Teacher Ratio: 30:1)
9 61 to 90 children : 3 teachers (Pupil Teacher Ratio: 30:1)
9 90 to 120 : 4 teachers (Pupil Teacher Ratio: 30:1)
9 121-200 : 5 teachers (minimum Pupil Teacher Ratio: 40:1)
Class VI to Class VIII
9 One teacher per class each for 1. Science and math 2. Social Studies 3. Languages.
9 One teacher for 35 children
9 If there are more than 100 children then 1. A full time teacher 2. Part time instructors for Art, Health and
Physical Education, Work Education.
Corporal punishment:
The Right to Education Act 2009 makes corporal punishment unlawful.
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Private Teaching / Tuitions:
Clause 28, Chapter 28 of the act mandates that no teacher shall engage himself / herself in private teaching.
Monitoring:
The act states that National & State Commissions for protection of Child rights would monitor the effective
implementation of measures in this act and inquire into complaints.
National Advisory Council:
The act provides that the central Government shall constitute a National Advisory Council of maximum 15 members
which shall advise the central government on implementation of the various provisions of the act.
RTE Implementation Issues: Share of Burden
The Right to Education Act has made state and local bodies accountable for its implementation by 2013. Right from the
day one of its enactment, the states have been clamouring that these bodies do not have the financial capacity to cover
all the schools needed for universal education. Thus it was clear that the central government (which collects most of
the revenue) will be required to subsidize the states.
Consequently, the Anil Bordia Committee was set up by the HRD ministry in 2009-10 to harmonise the Sarva
Shiksha Abhiyan and the RTE.
The Anil Bordia committee was asked to study the funds requirement and funding initially estimated that Rs 171,000
crores would be required in the next five years to implement the Act. This committee argued for a higher financial
burden for the centre. The committee said that said that sharing ratio of 55:45 (for the current year) and 50:50 (in
2011-12 ) would be unfavourable to the states as they would have to practically double their allocation.
However, in April 2010 the central government agreed to share the funding for implementing the law in the ratio of 65 to
35 between the centre and the states, and a ratio of 90 to 10 for the north-eastern states.
However, later, this figure was upgraded to Rs. 231,000 crores. When the ` 24,000 crore awarded by the Finance
Commission is also taken into account, the centre's share effectively works out to 68% while that of the states' 32%.
A report on the status of implementation of the Act was released by the Ministry of Human Resource Development on
the one year anniversary of the Act. The report admits that 8.1 million children in the age group 6-14 remain out of
school and there’s a shortage of 508,000 teachers country-wide.
A RTE Forum report representing the leading education networks in the country, however, challenging the findings
pointing out that several key legal commitments are falling behind the schedule. The Supreme Court of India has also
intervened to demand implementation of the Act in the Northeast. It has also provided the legal basis for ensuring pay
parity between teachers in government and government aided schools.
RTE Challenged by Private Schools
This Right to Education Act defines the schools 3 as recognized schools-
9 that are aided by the government and local authorities.
9 that are not aided by the government and school authorities.
This means that private schools have not been ruled out by the act. This mandate is for all schools without exception.
The private schools are for making profits. Those who are anti this act can say there this affects their business and their
fundamental right provided by article 19 (1g) (to practice any profession, or to carry on any occupation, trade or
business). When we analyse this issue we can easily figure out that the above clause (g) to practice any profession or
business is virtually controlled by article 19 (6) which says that nothing in sub-clause (g) of the said clause shall affect
the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the general public, reasonable restrictions on the exercise of the right conferred. Still the RTE was
challenged in the Supreme Court as an unconstitutional infringement on the rights of private and minority
schools. An association of schools had challenged the constitutional validity of RTE Act in the Supreme Court saying
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the government was trying to enforce reservation and regulate affairs of private unaided and minority educational
institutions.
On 12 April 2012, a three judge bench of the Supreme Court delivered its judgement by a majority of 2-1. Chief Justice
SH Kapadia and Justice Swatanter Kumar held that providing such reservation is not unconstitutional, but stated
that the Act will not be applicable on unaided private minority schools and boarding schools. However, Justice KS
Radhakrishnan dissented with the majority view and held that the Act can not apply to both minority and non
minority private schools which do not receive any aid or grant from the government.
Admission Issues
The Model Rules don't provide many details on the implementation of 25 per cent reservation in private schools. It
does not specify the definition and verification of the weaker and disadvantaged sections. How to select the children
and in which class they shall be admitted. How they will gap the admission demand and seats available? What can be
the vigilance mechanism? How the schools (private) would be reimbursed? etc. There is no clear instruction for
private schools for formation of the school management committee.
Free Education
This is the most basic issue, which caused lot of confusion. It was earlier stated by Kapil Sibal that “ It could mean free
books, free uniform or anything as defined by the states”. This confusion prevails because of the hastily framed
document.
Madarsa and Vedic Pathshalas
Madarsas & Vedic Pathshalas have been clearly kept out of the purview of the Right of Children to Free and
Compulsory Education Act.
Extension to Class X
In 2011, it was reported that entre is keen on extending the provisions of the Right of all Children to Free and
Compulsory Education Act to Class X (age 16) instead of VIII. Nothing substantial has been decided in this context so
far.
Abolition of untouchability
Article 17 of the constitution of India “Abolishes untouchability” and forbids its practice in any form. As per this,
untouchability was made an offence punishable in accordance with law. The law includes a law passed before the
coming into force the constitution.
Defining Untouchability
Untouchability is neither defined in the constitution nor in the subsequent act by the parliament. It refers to a social
practice which looks down upon certain depressed classes solely on account of their birth and makes any
discrimination against them on this ground.
The untouchables were not supposed to draw water from the same wells, or use the pond/tank which is being used
by the higher castes. They were not allowed to enter some temples and suffered many other disabilities.
By virtue of Clause (2) of the Article 15, Constitution makes the accessibility to shops, public restaurants, hotels and
places of public entertainment, wells, tanks, bathing ghats, roads and other places of public use which are fully or
partly funded by the Government to all people belonging to any caste, creed, race, sex or whatever. But the grave
situation of the social stigma of “untouchability” led the framers of the constitution to put a dedicated article for this.
Please note that while other rights are against the state, this right is directed against private persons. The nature of
untouchability is such that it is not possible to conceive where the state may practice untouchability.
It was later held by the Supreme Court that whenever a fundamental right contained in arts. 17, 23 or 24 was being
violated by a private individual, it would be the constitutional obligation of the state to take necessary steps to interdict
such violation and ensure that such person should respect the right. Merely because the aggrieved person could himself
protect or enforce his invaded fundamental rights, did not absolve the state from its constitutional obligations.
Protection of Civil Rights Act, 1955
Based upon the power of Article 35 and Article 17, parliament enacted the Untouchability (Offences) Act, 1955. In
1976, it was made more stringent and was renamed The Protection of Civil Rights Act, 1955.
9 It defines civil right as any right accruing to a person by reason of the abolition of untouchability by Art. 17 of
the constitution.
9 All offences under the act have been made non-compoundable. Compoundable offences are those which can
be compromised by the parties to the dispute. The permission of the court is not necessary. When an offence is
compounded, the party, who has been aggrieved by the offence, is compensated for his grievance. Non-
compoundable offences are those in which compromise can take place only with the permission of court.
9 The act prescribes punishment (1-2 years imprisonment ) for preventing any person from entering any
place of public worship or from worshipping or from worshipping or denying access to any shop, public
restaurants, hotels or places of public entertainment or refusing to admit persons to hospitals and refusing
to sell goods or render services to any person.
9 Also, insulting a member of scheduled caste on the ground of untouchability or preaching untouchability or
justifying it on historical, philosophical, religious or other grounds is a crime.
9 Under the act, it has been declared a duty of the public servants to investigate offences relating to
untouchability. If a public servant wilfully neglects the investigation of any offence punishable under this act,
he shall be deemed to be an abettor.
9 The state governments have been empowered to impose collective fines on the inhabitants of an area
involved in or abetting the commission of offences under the act.
Prevention of Atrocities Act 1989
To prevent the commission of offences or atrocities against the members or the Scheduled Castes and Scheduled
Tribes, the parliament also enacted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989.
9 The act provides for special courts for the trial of offence under the act and for the relief and rehabilitation of
the victims of such offences.
9 The act excludes the application of sec. 438, Cr. P.C. (granting of anticipatory bail in case of anticipated
accusation of non-boilable offences) to cases arising under the act.
9 Atrocities committed against a Hindu SC or ST, who had converted to another religion, can be prosecuted
under the act, if the victim is still suffering from social disability.
Abolition of titles
England is a monarchy where one finds Marquis, Barons, Lords And Knights, etc. Prior to independence, India also had
his highness, Nawab, Raja, Maharaja, Dewan Bahadur and similar titles some of which were hereditary. Via article 18(1)
, the constitution has abolished all the titles.
Constitutional Provisions
9 Article 18(1) prohibits the state to confer titles on any body whether a citizen or a non-citizen. Military and
academic distinctions are, however , exempted from the prohibition. Thus, a university can give title or
honour on a man of merit.
9 Clause (2) prohibits a citizen of India from accepting any title from any foreign state.
9 Clause (3) prohibits a person not being a citizen of India, but holding any office of profit or trust under the
state, from accepting any title from any foreign state without the consent of the president.
9 Clause (4) further prohibits such a person from accepting present, emolument or office of any kind from or
under any foreign state without the consent of the president.
9 Clause (3) and (4) have been added to ensure that a non-citizen should remain loyal to the state i.e. do not
commit the breach of trust reposed in him.
Please note that Article 18 does not secure any fundamental right but imposes a restriction on executive and
legislative power. Further, conferring of titles offended against the fundamental principle of equality of all citizens
guaranteed by art. 14. Further, you should not that Article 18 is merely directory because there is no penalty
prescribed for infringement off the prohibition.
Please further note that conferment of titles of Bharat Ratna, Padma ,Vibhushan , Padam Shri, etc. (Introduced in
1954) are said to be not prohibited under art. 18 as they merely denote state recognition of good work by citizens in the
various fields of the activity. The opponents say that these awards though may not be used as titles, the decorations
tend to make distinctions according to rank, contrary to the preamble which promises equality of status. Moraji desai
during his prime minister ship (1977-79) discontinued these decorations.

Target 2013 Module SGS-4 1
Directive Principles and Fundamental Duties
Applications of Fundamental Rights Continued… 15. The common origin and Sapru Report
1. Right to Freedom (Article 19) 16. What are directive principles?
2. Doctrine of Reasonable Restriction 17. Summary of Articles 36-51
3. Discussion about Various Freedoms 18. Significance of DPSP
4. Protection in respect of conviction for offences (Article 20) 19. Distinction between Fundamental Rights and Directive
5. Ex-Post facto Law Principles
6. Doctrine of Double Jeopardy 20. Implementation of Directive Principles of State Policy
7. Self Incrimination Law 21. Amendment of the Directive Principles of State Policy
8. Protection of Life and Personal Liberty: Article 21 22. Champakam Dorairajan Case
9. Implied Fundamental Rights 23. Golak Nath Case
10. Rights of an Arrested Person 24. Kesavanand Bharti Case
11. Preventive Detention Laws 25. Minerva Mills Case
12. Historical background of Preventive detention in India 26. Summary of Conflict between Fundamental Rights and DPSP
13. Preventive Detention as “Evil” of Article 22 Fundamental Duties
14. Opponents’ View to Preventive Detention 27. Fundamental Duties v/s Directive Principles
Part IV: Directive Principles of State Policy 28. Swaran Singh Committee
Applications of Fundamental Rights Continued…

Right to Freedom (Article 19)
Personal liberty is the most important part of the all the fundamental rights. Article 19-22 of the constitution of India
deal with the different aspects of personal liberty. Article 19 (1) has given the six freedoms to citizens of India as
follows:
1. Freedom of Speech and Expression
2. Freedom to assemble peaceably and without arms;
3. Freedom to form associations or unions;
4. Freedom to move freely throughout the territory of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to practise any profession, or to carry on any occupation, trade or business.
Please note that before the 44th amendment act, there was one more freedom included in above. It was the right to acquire,
hold and dispose of property. By this amendment in 1978, the freedom to acquire, hold and dispose of property was deleted
from the part III and was inserted as Article 300A in the Part XII of the Constitution.
Right to Freedom is available to Citizens only
The objective of article 19(1) is to provide protection to the citizens from State action. Then, citizen also means tha
natural persons and not legal persons such as companies and municipal bodies. However, supreme court has held that a
shareholder does not lose his right to freedom when he joins with others to form a company.
Doctrine of Reasonable Restriction
Freedoms not absolute
The freedoms enumerated in Article 19(1) are the basic rights which are recognized as the natural rights inherent in the
status of a citizen. But none of these freedoms is absolute or uncontrolled. Each of them is liable to be curtailed by laws
made or to be made by the State.
Via Article 19(2) to Article 19(6), the constitution empowers the state to impose reasonable restrictions on the exercise
of the right of these freedoms in the interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.
Meaning of Reasonable Restriction
By reasonable restriction, it is meant that the limitation imposed on a person in the enjoyment of his right should not be
arbitrary or of any excessive nature beyond what is required in the interest of the public. The “Reasonable Restriction”
seeks to strike a balance between the individual rights guaranteed by Article 19 (1) and social control permitted by the
Article 19(2) to 19(6).
Who decides what is reasonable?
The question of what is reasonable has to be finally decided by the Court not the legislature. The court would see both
to the nature of the restriction and procedure prescribed by statute
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be total or partial. Total restriction may or may not be in the favour of public. For example total restriction on freedom
to speech is disastrous while total prohibition of immoral occupations is in the good of public. Generally, a restriction
that is imposed for securing the objectives laid down the directive principles of state policy is regarded as reasonable.
For example, a law that imposes restriction on the sale of liquor is valid in view of the article 47.
Freedom of Speech
The freedom of speech means right to express one’s convictions and opinions by Word of Mouth, writing, printing,
pictures and cartoons, electronic media and any other mode addressed to the eyes and ears. It also includes the right to
propagate or publish views of other people.
Please note that right to freedom of speech also implied freedom of silence. It implies freedom of not to listen and not to
be forced to listen. This would imply that a person can decline to read a publication / blog or website and also switch of
a radio or television set. But he can not prevent the sound of loudspeakers reaching his ears. He can be forced to hear
what he does not want to hear and this is the trespassing of his mind or ear. This leads to some reasonable restrictions
on freedom of speech such as:
1. Restriction on the use of loudspeakers that may cause nuisance
2. The law which prohibits obscenity
3. Causing contempt of court by interfering the course of justice
4. Instigating persons to commit crime
5. Censorship of films in the public interest
6. Application of labour laws on press.
Discussion about Various Freedoms
Freedom of Press
Article 19(1) does not expressly mentions the freedom of press. But it is settled law that right to freedom of speech and
expression includes the liberty of the press. Press is supposed to guard the public interest by bringing to fore the
misdeeds, failings and lapses of the Government and other bodies. Freedom of press includes every sort of information
which affords a vehicle of opinion.
Freedom of Speech and Commercial Advertisements
Advertisement is a form of speech. However, every kind of advertisement can not enjoy freedom of speech. Please note
that in Tata Press v/s MTNL, Supreme Court held that Commercial speech also enjoys as much protection as much other
freedoms but at the same time, commercial advertisements which are deceptive, unfair and misleading could be
regulated by the Government. The obnoxious advertisements such as drugs having magic qualities don’t come within
the scope of Article 19(1).
Censorship of Films
The censorship of films has been justified on the ground that they are different forms of art and expression because a
motion picture is capable of stirring up emotions more deeply. Thus, classification of movies into U and A is justified.
Freedom of Furling the National Flag of India
In the Union of India v/s Navin Jindal (2004) case, the Supreme Court has made the following observations:
• Right to fly the national Flag with due respect and dignity is a fundamental right of every citizen and is within
the purview of Article 19(1). This right is subject to reasonable restrictions under Article 19(2)
• Flag Code although not a law , for the purpose of Article 19(2) it would not restrictively regulate the free
exercise of right to fly the National Flag.
Freedom to Assemble
Every citizen has a right to hold public meetings and carry out peaceful demonstrations. Under Article 19(3),
reasonable restriction can be imposed on this right in the interest of sovereignty and integrity of India. Right to
assembly is a corollary to the freedom of speech because the purpose of holding a assembly is to educate the public.
However,
• It does not imply that a citizen may hold meeting anywhere including that on other’s properties. The
Government has the right to control the time and venue of a meeting.
• Religious processions are also protected as processions are considered moving meetings. The religious
processions are also further protected by Article 25.
Freedom of Association
Association means a collection of persons who have joined together for a certain object, which may be either for the
benefit of members or for the benefit of the society. Reasonable restrictions may be put on such freedom of association.
Please note that obtaining recognition and registration of such association is not a fundamental right.
Right to Strike
The article 19(1) does not guarantee a right to right to strike. The Supreme Court further held that the Government
servants have no legal or statutory right to go on strike. The Government employees can not hold society to ransom by
going to strike. The right to strike also affects other’s rights. For example strike by teacher affects the rights of the
students. In the case of conflict of fundamental rights of two , the conflict is resolved by seeing that the exercise of
which of them is in the interest of the society.
Freedom of Movement and Residence
The right to move freely through out the territory of India and right to reside and settle in any part of the territory of
India stresses on the oneness of India. This is in consonance with the Article 5 which provides single citizenship. The
core idea of this right is to remove the barriers within India.
However, this right is also liable to reasonable restrictions. For example, the doing Tadipar of a person for 3 months is
held valid by court because the restriction is reasonable. Similarly restriction imposed on prostitutes to carry on their
trade within a strict area has also been held valid by the court.
Freedom to Call and Enforce Bandh
No political party has the right to call for a Bandh on the basis that it is the fundamental right to speech and expression.
The call to Bandh or its enforcement is basically an express or implied threat to a citizen to not to carry out his normal
activity. Thus Bandh violates the fundamental rights of the community as a whole.
Protection in respect of conviction for offences (Article 20)
Article 20 has taken care to safeguard the rights of persons accused of crimes. Persons here means the citizens, non-
citizens as well as corporations. Please note that this article can not be suspended even during an emergency in operation
under article 359. Article 20 also constitutes the limitation on the legislative powers of the Union and State legislatures.
Ex-Post facto Law
Article 20 (1) says that no person shall be convicted of any offence except for violation of a law in force at the time of
the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been
inflicted under the law in force at the time of the commission of the offence. This is called Ex-Post facto Law. It means
that legislature can not make a law which provides for punishment of acts which were committed prior to the date
when it cam into force. This means that a new law can not punish an old act.
Doctrine of Double Jeopardy
Article 20(2) says that no person shall be prosecuted and punished for the same offence more than once. This is called
Doctrine of Double Jeopardy. The objective of this article is to avoid harassment, which must be caused for successive
criminal proceedings, where the person has committed only one crime. There is a law maxim related to this – nemo
debet bis vexari. This means that no man shall be put twice in peril for the same offence.
There are two aspects of Doctrine of Jeopardy viz. autrefois convict and autrefois acquit. Autrefois convict means that
the person has been previously convicted in respect of the same offence. The autrefois acquit means that the person has
been acquitted on a same charge on which he is being prosecuted.

Please note that Constitution bars double punishment for the same offence. The conviction for such offence does not
bar for subsequent trial and conviction for another offence and it does not matter the some ingredients of these two
offences are common.
Self Incrimination Law
Article 20(3) of the constitution says that no person accused of any offence shall be compelled to be a witness
against himself. This is based upon a legal maxim which means that No man is bound to accuse himself. The accused is
presumed to be innocent till his guilt is proved. It is the duty of the prosecution to establish his guilt.
Protection of Life and Personal Liberty: Article 21
Article 21 says that no person shall be deprived of his life or personal liberty except according to procedure established
by law. This article protects the right of life and personal liberty not only from executive action but also from the
legislative action. This right extends to citizens as well as non-citizens.
In context with this article, the Supreme Court has held that Part III of the constitution should be given widest possible
interpretation and a fundamental right is not necessarily that one, which is specified in an article. Even if it is not
specified in an article, but if it is integral part of a named fundamental right or partakes the same basic nature and
character as that of a fundamental right.
This gives way to the explosion of several human rights which are called Implied Fundamental Rights.
Implied Fundamental Rights
The interpretation of the Article 21 by the Supreme Court has opened a new chapter of human rights jurisprudence. In
several cases, the court has held the following as implied fundamental rights, though not all of them have been
specifically mentioned. These all are called Implied Fundamental Rights.
1. Right to Speedy Trial
2. Right to Travel Abroad
3. Right to Dignity
4. Right to Privacy
5. Right to Clean Environment
6. Right to Livelihood
7. Right to marriage
8. Right against torture
9. Right against Bondage
10. Right to legal aid
11. Right to Food.
In the same way, Supreme Court has also held that Freedom of speech and expression guaranteed under Article 19(1)
includes the right to know, right to information and right to reply.
• Please note that
o Right to life does not include Right to Die or Right to get killed i.e. mercy killing.
o Capital Punishment has not been held violative of Article 14, 19 and 21
o Hanging as a mode of execution is also fair and just
o The Supreme Court has held that right to live also include Right to live with dignity.
Safeguards against the arbitrary arrest and detention: Article 22
Article 22 makes the minimum procedural requirements which must be included in any law enacted by legislature in
accordance of which a person is deprived of his personal liberty. Article 22(1) and (2) are also called Rights of an
arrested person.
Rights of an Arrested Person (Article 22(1) and 22(2)
• A person cannot be arrested and detained without being informed why he is being arrested.

• A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that
the arrested person has right to hire a legal practitioner to defend himself/ herself.
• Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
• The custody of the detained person cannot be beyond the said period by the authority of magistrate.
The Article 22(1) and 22(2) make the above provisions. However, Article 22(3) says that the above safeguards are not
available to the following:
• If the person is at the time being an enemy alien.
• If the person is arrested under certain law made for the purpose of “Preventive Detention”
The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested.
But the second clause was not easy to justify by the constituent assembly. This was one of the few provisions which
resulted in stormy and acrimonious discussions.
Preventive Detention Laws
A person can be put in jail / custody for two reasons. One is that he has committed a crime. Another is that he is
potential to commit a crime in future. The custody arising out of the later is preventive detention and in this, a person is
deemed likely to commit a crime. Thus Preventive Detention is done before the crime has been committed.
The definition of Preventive detention itself is so confusing. For example:
• How one can say that a person will do a crime in future?
• What are the implications of arresting a person without having committed a crime?
• Why Preventive Detention in peacetime. Isn’t it against the safeguards of our own citizens as provided by Article
22?
The preventive detention laws are repugnant to modern democratic constitutions. They are not found in any of the
democratic countries. In England, the preventive detention law was resorted to only during the time of war. Of the
provisions of the “Preventive Detention” are unlawful in most countries like USA & UK, then why we India has such
thing?
The answer of above question is as follows:
India is a country having multi-ethnic, mutli-religious and multilingual society. Caste and communal violence is very
common in India. Apart from that the circumstances at the time , when our constitution came in force demanded such
provisions. This is evident from following statement of Dr. Bhimrao Ambedkar:
“….in the present circumstances of the country, it may be necessary for the executive to detain a person
who is tempering either with the public order or with the defense services of the country. In such case, I
don’t think that the exigency of the liberty of an individual shall be above the interests of the state” Dr. B
R Ambedkar.
However, the provisions of the constitution seem to be ambiguous and this ambiguity has been tried to do away with
some provisions. These provisions are mentioned in Article 22 (1), 22(5), 22 (6).
Here is a summary of these provisions:
 Every case of preventive detention must be authorized by law and not at the will of the executive.
 The Preventive detention cannot extend beyond a period of 3 months .
 Every case of preventive detention must be placed before an Advisory Board composed of Judges of the High
Court (or persons qualified for Judges of the High Court)
 The case must be presented before the Advisory Board within 3 months.
 A continued detention after 3 months must be having a “favours of the Advisory Board”.
 The person will be given opportunity to afford earliest opportunity to make a representation against the
preventive detention.
 No person can be detained indefinitely.
Article 22 (7) provides exception to the above provisions. This Article mandates that:
 When parliament prescribes by law the circumstances under which a person may be kept in detention may be
kept in detention beyond 3 months without the opinion of the advisory board.
 Parliament by law can also describe under the same law, the maximum period of detention.
Historical background of Preventive detention in India
India has a long history of “Preventive Detention”. India is one of the few countries in the world whose Constitution
allows for preventive detention during peacetime. The opponents to this law say that these provisions are without any
safeguards that elsewhere are understood to be basic requirements for protecting fundamental human rights.
 For example, the European Court of Human Rights has long held that preventive detention is unlawful under
the European Convention on Human Rights regardless of the safeguards embodied in the law.
 South Asia Human Rights Documentation Centre (SAHRDC), recommended in its submission to the National
Commission to Review the Working of the Constitution (NCRWC) in August 2000, to remove the provisions of
the Constitution of India that explicitly permit preventive detention.
The following are some historical landmarks related to Preventive Detention in India.
 In India the history of preventive detention dates back to the early days of the British rule when under the
Bengal Regulation— III of 1818 (the Bengal State Prisoners Regulation) the government was empowered to
detain anybody on mere suspicion.
 Rule 26 of the Rules framed under the Defense of India Act 1939 allowed the detention of a person if it was
"satisfied with respect to that particular person that such detention was necessary to prevent him from acting
in any manner prejudicial" to the defense and safety of the country .
 Post Independence, The first Preventive Detention Act was passed in 1950. The validity of this act was
challenged in the Supreme Court in the Gopalan v/s State of Madras Court. The Supreme Court held this act
constitutionally valid except some provisions. This act expired in 1969, and before it expired, it was amended for
7 times, each expansion was to make it valid for 3 more years and this it was extended till 31 December 1969.
 In 1971, the Maintenance of Internal Security Act (MISA) was passed. MISA was basically a modified version
of the PDA Act. It was abolished in 1978.
 Another law, Conservation of Foreign exchange and Prevention of Smuggling Activities (COFEPOSA) was
enacted in 1974 and it continued.
 In the heat of the terrorism in Punjab the Terrorist & Disruptive Activities (Prevention) Act or infamous
TADA was enacted in 1985. It was renewed in 1989, 1991 and 1993 and lapsed in 1995 due to increasing
unpopularity due to widespread allegations of abuse. The main abuse was that a confession before a police
officer, even though being given under torture, was admissible as evidence in court.
 Another similar act Prevention of Terrorism Ordinance (POTO) of 2001 came into force.
 Both the TADA & POTO were later succeeded by another controversial Prevention of Terrorist Activities Act
(POTA) during 2002-04. This act was supported by the NDA Government but later was scrapped by the UPA
government.
 After the Bombay attacks of November 26, 2008 parliament enacted another anti terror law known as
Unlawful Activities (Prevention) Act.
Preventive Detention as “Evil” of Article 22
 Constitution of India has several flaws and Article 22 is the worst flaw in that.
 Under Article 22, preventive detention may be implemented any time and the constitution expressly allows an
individual to be detained -- without charge or trial so it is a devastating blow to personal liberties of the
citizens of the country.
 It obviates the Article 4 of the International Covenant on Civil and Political Rights (ICCPR) which permits that
rights can only be limited "in time of public emergency which threatens the life of the nation" because it allows
detention in peacetime as well.
 It does not provide any procedural protections such as to reduce detainees’ vulnerability to torture and
discriminatory treatment; and to prevent officials’ misusing preventive detention for subversive activities.
 The long period of detaining (3 months) poses a threat of torture.
 Constitution of India allows the government to pass preventive detention laws against its own citizens in the
name of national security and "maintenance of public order" as per Entry 9 of List I and Entry 3 of List III of the
Constitution, this is quite unbelievable.
 In the absence of proper safeguards, preventive detention has been misused, particularly against the Dalits and
the minorities.
 The Power of states to form similar legislations has been misused.
 Before a preventive detention case is brought before the High Court, a three member Advisory Board headed
by a sitting High Court Judge is constituted by the government to examine whether the detention is justified or
not. But, the proceedings of the Board are confidential except for that part of the report which expresses the
opinion of the Board.
Opponents’ View to Preventive Detention
 The constitutional philosophy of personal liberty is an idealistic view, the curtailment of liberty for reasons of
State's security; public order, disruption of national economic discipline, etc. are envisaged as a necessary evil
to be administered under strict constitutional restrictions.
 India is a large country and many separatist tendencies against the national security and integrity existed and
existing and a strict law is required to counter the subversive activities.
 The number of persons detained in these acts is not a very large and due attention is made before preventive
detention.
 Having such kind of acts has a restraining influence on the anti-social and subversive elements.
 The state should have very effective powers to deal with the acts in which the citizens involve in hostile
activities, espionage, coercion , terrorism, etc.
 The citizens of India have enjoyed the personal liberty for a long period since independence except two years
of emergency.
 Such acts are required to deal with the antisocial elements such as terrorist attacks on innocent people which
target lot of lives.
 Conclusion:
The PDA is a “necessary evil”. In a country like India where a lot of subversive activities are being carried out by our
own citizens, the philosophy of the Article 22 remains valid even today akin to the conditions prevalent in the country
at the time of independence.
Part IV: Directive Principles of State Policy
The common origin and Sapru Report
The fundamental rights and the directive principles are of common origin. The Nehru Report of 1928 had contained a
Swaraj Constitution of India which incorporated some fundamental rights. These also included some rights as right to
education. However, during the drafting of the constitution, the following questions needed answers before a chapter
was to be added to the constitution:
• What rights should be fundamental?
• If the right to life, liberty and property were fundamental, then what about employment and education?
• Are they going to be individualistic focussed?
• Are they going to be justifiable or not justifiable?
• To what extent, the state of India is capable to provide justification to those rights?
It was almost agreeable that at that point of time, it was not the capability of the Indian State to guarantee right to
employment and education to all. This means that it was not the lack of will but was the lack of resources that the state
could not guarantee of kinds of rights. The Sapru Report of 1945 divided the fundamental rights into two parts as
follows:
1. Justifiable Rights
2. Non-justifiable rights
The Justifiable rights were those enforceable by a court of law. These enforceable rights were incorporated in the
Part III of the Constitution. The non-justifiable rights were incorporated as a directive to the state to take all measures
to provide those rights to individuals without any guarantee. They were incorporated in the part IV of the constitution
and were called Directive Principles of State Policy.
What are directive principles?
The directive principles, as the name suggests, are some principles which give a direction in making certain decisions.
These are the guidelines by the Constitution of India to the state. State is defined by Article 12. State includes the
Government and Parliament of India and the Government and the Legislature of each of the States and all local or other
authorities within the territory of India or under the control of the Government of India. The basic idea is that the
"state" should keep these principles while framing laws, policies, ordinances etc.
Sources of DPSP
 The Framers of the constitution were influenced by the Irish Constitution of 1937 to add a chapter on DPSP.
The Constitution of Ireland which is called Bunreacht na hÉireann in Irish came into force in 1937 and it
replaced the Free State Constitution of 1922. Article 45 of the Constitution of Ireland details the "Directive
Principles of State Policy".
 However, DPSP were not original idea of the framers of the Irish Constitution even. They borrowed it from the
Spanish Constitution.
 The Instruments of Instructions under the Government of India Act 1935 was also an immediate source of the
Directive Principles of State Policy. However the basic difference was that the Instruments of Instructions directs
the executive while the DPSP direct to the “State” as defined in Article 12 of the Constitution of India.
Salient Features
 The State, who is directed is defined in Article 12 (Article 36)
 Directive principles are not enforceable by any court. However, Constitution mandates that it shall be the duty
of the state to apply these principles in the governance. This is because the implementation of these principles
would require resources which the state may not have. (Article 37)
 State has to secure a social order with economic, political and social justice for the promotion and welfare of
the people. The state shall strive to minimize the inequalities of income, status, facilities, opportunities etc.
(Article 38)
 Article 39 says that state shall secure:
o That all citizens (men & women) have equal right to means of livelihood.
o That the ownership and control of the material resources are so distributed that they are best to
sub serve the common good.
o That the operations of the economic system don’t result in the concentration of wealth for some.
o There is equal pay for equal work for men and women.
o The health and strength of the workers (men & women) and children are not abused.
o Children are given opportunities to develop in healthy manner and they are protected against
the exploitation.
 Equal Justice and Free legal aid (Article 39A) was inserted by Constitution 42nd amendment act 1976 (w.e.f.
3.1.1977). This article says that 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. Facebook Group: Indian Administrative Service ( Raz Kr)
 Article 40 says that the state shall take steps to organize 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 says that state shall (within its limits of economic
Article 41 inspires the government of India
capacity & development) will make effective provisions for to launch National Social Assistance
programme and State Governments to
securing right to work, education etc. and to Public Assistance in launch their various old age pension plans
case of unemployment, old age, sickness, disablement or any other & schemes for the sick and disabled
persons.
case of undeserved want.
 Article 42 says that state shall make provisions for securing just and humane conditions for work and for
maternity relief.
 Article 43 says that the state will Endeavour to secure by suitable legislations or economic organizations or in
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 & social cultural opportunities and in particular promote
cottage industries on an individual or cooperative basis in rural areas.
 Article 43 A was inserted by 42nd amendment act 1976. This
Article 43A inspired the government of India to
article says that the State shall take steps, by suitable legislation launch various schemes on Workers participation in
PSU management. Such programmes were
or in any other way, to secure the participation of workers in launched for the first time in 1975. The participation
of workers in Management Bill, 1990 was inspired by
the management of undertakings, establishments or other article 43A.
organizations engaged in any industry.
 Article 44 says that the State shall endeavour to secure for the citizens a uniform civil code throughout the
territory of India.
 Article 45 says that State shall Endeavour 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. This article remains substituted by the 86th amendment act 2002 and it says:
Provision for early childhood care and education to children below the age of six years.—The State shall
endeavour to provide early childhood care and education for all children until they complete the age of six years.
Article 46 says 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 says that the State shall regard the raising of the level of Most of the social development
nutrition and the standard of living of its people and the programmes such as NRHM, Mid
Day Meal scheme, ICDS etc. which
improvement of public health as among its primary duties and, in target the women, children,
particular, the State shall endeavour to bring about prohibition of the weaker sections of the society are
inspired by Article 47.
consumption except for medicinal purposes of intoxicating drinks and of
drugs which are injurious to health.
 Article 48 says that the State shall endeavour 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 milch and draught cattle.
 Article 48A was added in the constitution by 42nd amendment act 1976. The State shall endeavour to protect
and improve the environment and to safeguard the forests and wild life of the country.
 Article 49 says that - 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 says that State shall take steps to separate the judiciary from the executive in the public services of
the State.

 Article 51 says that The State shall endeavour to promote international peace and security, maintain just and
honorable relations between nations, foster respect for international law and treaty obligations in the dealings
of organized peoples with one another; and encourage settlement of international disputes by arbitration.
Summary of Articles 36-51
We see that Directive principles contain some principles which are either social, economic or inspired by Gandhian
Philosophy. The important thrust of each article is summarized in the following table:
Article Key Emphasis
Article 36 Defines state as per article 12 of part III
Article 37 Non Justifiable nature of the DPSP
Article 38(1) Social, Economic and Political Justice
Article 38(2) Elimination of Inequalities
Article 39 Adequate means of livelihood, equal pay for equal work, resource distribution, safety of citizens and
healthy development of Children
Article 39A Equal Justice and free legal aid
Article 40 Organization of Village Panchayats (Gandhian Principle)
Article 41 Public Assistance Programmes, old age, unemployment programmes etc.
Article 42 Just & humane conditions of work
Article 43 Living wages and conditions to work
Article 43 A Participation of workers in management of industries
Article 44 Uniform Civil Code
Article 45 Provision for Free and Compulsory education for Children
Article 46 Promotion of education and economic interests in SCs and STs
Article 47 Nutrition and standard of Living (Gandhian Principle)
Article 48 Prevention of cow slaughter, organization of agriculture and animal husbandry (Gandhian Principle)
Article 48A Protection of environment
Article 49 Protection of Monuments, places and objects of national importance
Article 50 Separation of Judiciary from the executive
Article 51 Promotion of international peace and security.
Significance of DPSP
The directive principles place an ideal before the legislator of India which shows that light while they frame the policies
& laws. They are basically a code of conduct for the legislature and administrators of the country. The show the path to
the leaders of the country which takes the country to achieve the ideal of the constitution embodied in the Preamble
“Justice, Social, Economic, Political; liberty, equality and fraternity”.
The Distinction between Fundamental Rights and Directive Principles
 The basic objective of the fundamental rights is to protect an individual from encroachment of his basic
rights. The basic objective of the directive principles is to create a “welfare” state.
 The fundamental rights limit the state action towards an individual while the directive principles are positive
instruction to the state to establish a just socioeconomic and political order.
 The Fundamental rights are justifiable i.e. a person can approach the court on their infringement, the directive
principles are non-justifiable and one cannot approach to the court if they are not enforced by the state.
 The Fundamental rights are directly guaranteed by the Constitution, but the directive principles are only some
guidelines and they require legislation for their implementation. For example Panchayati Rat Act was passed to
implement the directive of article 40.
Implementation of Directive Principles of State Policy
The Government of India and Various state governments have done many efforts to implement the Directive Principles
of State policy and create a welfare state. It may be stated that the state has not been able to make the country a ‘welfare
state’ in the last 6 decades yet, the pace of the development, when we compare it with the pace of development in the

British Era, is satisfactory. Following are some of the programmes & legislations which have inspired the state to
achieve the objective enshrined in the DPSP:
 The efforts of translating the directive principles into reality are first of all evident in the five year plans. The
first five year plan was initiated soon after commencement of the constitution and the basic objective of the
public policy has been promotion of rapid & balanced economic development.
 The objective of universalization of the elementary education was in the development programmes. And after
the 86th amendment act which inserted Article 21A in the constitution, the state seeks to provide free and
compulsory education to all children between 6-14 years.
 A lot of land reform programmes have been launched to lift the social and economic status of the poor and
landless farmers of the country. The Panchayats have been established in the remotest areas of the country
and there is a separate ministry of Panchayati Raj which seeks to bring back the lost glory of the Panchayats.
 The state owned factories, industries and corporations are expanding and more and more people have been
given employment. Various legislations such as The Employees State Insurance Act, Workmen Compensation
Act, The Minimum Wages Act etc. some of the efforts which try to establish a just order taking guidelines from
the DPSP. Government enacted Equal Remuneration Act in 1976 which provides equal pay for equal work
for both men and women.
 The government has launched National Social Assistance Programme for the poor and old age people, which
involves Indira Gandhi Old Age Pension Scheme, Indira Gandhi National Widow Pension Scheme (IGNWPS),
Indira Gandhi National Disability Pension Scheme (IGNDPS), National Family Benefit Scheme (NFBS) and
Annapurna.
 The Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) was introduced in 2005 as NREGA
to enforce the directive principle embodied in the article 39, 41.
 To enhance the nutritional level of the children and adolescent girls a lot of programmes have been launched
such as Mid-day meal scheme, ICDS, SABLA etc.
Amendment of the Directive Principles of State Policy
The Directive Principles of State Policy are subject to amendments via Article 368 only.
Conflict with the Fundamental Rights
The important question is where there is a conflict between the fundamental rights and directive principles, which
should prevail?
 The Fundamental Rights are the rights of the individual citizens guaranteed by the Constitution. The directive
principles lay down various tenets of a welfare state. The conflict arises when the State needs to implement a
directive principle and it infringes/ abridges the fundamental rights of the citizens.
 The chapters on the fundamental rights & DPSP were added in order of part III and part IV of the constitution.
The Fundamental rights are justifiable and guaranteed by the constitution. The Directive principles were
directives to the state and government machinery. But they are not enforceable, by the law.
Champakam Dorairajan Case
This conflict between Fundamental Rights and DPSP came to the Supreme Court for the first time in Champakam
Dorairajan Case (1952). Smt Champakam Dorairajan was a woman from the State of Madras. In 1951, she was not
admitted to a medical college because of a Communal G.O. (Government Order) which had provided caste based
reservation in government jobs and college seats. This GO was passed in 1927 in the Madras Presidency.
 Champakam Dorairajan Case was a first major verdict of the Supreme Court on the issue of Reservation.
 Champakam Dorairajan Case led to the First amendment of Indian Constitution.
 This was the case, which when was in Supreme Court; the Lok Sabha was not formed. Lok Sabha was formed in 1952.
The conflict was between article 16(2) from the chapter of Fundamental Rights and Article 46 of the Constitution.
Article 16(2) says 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.
And article 46 says:
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.
The Supreme Court held that Article 37 expressly says that the directive principles are not enforceable by court.
Supreme Court mandated that the chapter on Fundamental rights in the constitution is sacrosanct and the directive
principles have to conform to and run subsidiary to the chapter on Fundamental Rights.
This means that Fundamental Rights were given superiority over the Directive principles. This continued for a
decade and half and some other cases such as Qureshi v/s State of Bihar, Sajjan Singh V/s State of Rajasthan cases court
confirmed this stand.
Golak Nath Case
In 1967 came a very important case. This was Golak Nath vs. The State of Punjab (1967). In this case, for the first time a
bench of 11 judges of the Supreme Court was formed. The court in this case laid down that Fundamental Rights cannot be
abridged/ diluted to implement the directive principles. This decision forced the government to amend the constitution.
By the 24th Amendment Act 1971, the Parliament amended Art. 13 and 368. This amendment made it clear that
Parliament has the power to amend any part of the Constitution including Fundamental Rights and the word ‘law’ as
used in Article 13 does not include a Constitutional Amendment Act.
Kesavanand Bharti Case
In the Kesavananda Bharti Case the Supreme Court ruled that Parliament could amend any and every part of the
Constitution including Fundamental Rights but it could not destroy the basic structure of the Constitution.
To nullify the kesavanand Bharti Case, the 42nd Amendment further amended article 31 (C) and now it said that “No law
giving effect to the policy on the ground” that is inconsistent with or takes away or abridges any of the rights conferred
by article 14, 19 or 31.
Minerva Mills Case
The parliament by 42nd amendment further widened the scope of the Fundamental Rights. However in the Minerva Mills
v/s Union of India (1980) case, the Supreme Court struck down these provisions. On the ground that it changed the
basic structure of the Constitution. The Supreme Court held that the Constitution exists on the balance of part III and
Part IV. Giving absolute primacy to one over other will disturb the harmony of the Constitution. This took the Article
31(C) to its prior condition that “ a law would be protected by article 31C only if it has been made to implement the
directive in article 39(b) and (c) and not any of the articles included in Part IV.
Summary of Conflict between Fundamental Rights and DPSP
A member in the constituent assembly moved an amendment which sought to make the directive principles justifiable.
However, this move was turned down on the fact that, there was no use in being carried out away by the sentiments. A
court cannot enforce the directive principles and it is the strength of the public opinion which makes these provisions
enforceable, because there are elections every five year and the public, if the DPSPs are not implemented can show the
door to the government.
It was a view of Jawahar Lal Nehru that where there was a conflict between the Fundamental Rights and Directive
Principles the DPSP should prevail. However, where we look into the Judicial ‘nature’ of the above two, we see that Supreme
Court should upheld the Fundamental Rights because they are guaranteed by the Constitution and justifiable. But the
solution provided by the Supreme Court may be “Judicial” but not “practical” in all cases. It is the parliament which can
reach beyond the “Judicial” solution.

When a social conflict arises out of the conflicts of the Fundamental Rights and DPSP, the state should emerge as a
“Torch bearer” because ultimately it is the superiority of the “Social Interest” over the “individual interest’. However, it
is the duty of the Court to resolve a conflict with an eye on the constitution and another on the social harmony.
After the Minerva Mills Case, The supreme court to the view that there is no conflict between the Fundamental Rights
and the DPSP and they were complimentary of each other. There was no need to sacrifice one for the sake of the other.
If there is a conflict it should be avoided as far as possible.
Fundamental Duties
The 42nd amendment Act 1976 added a new part in the constitution part IVA. It incorporated the fundamental duties by
inserting a new article 51A below article 51.
The objective of incorporating the fundamental duties is to place before the country a code of conduct, which the
citizens are expected to follow. The Fundamental duties are as follows:
a. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
b. to cherish and follow the noble ideals which inspired our national struggle for freedom;
c. to uphold and protect the sovereignty, unity and integrity of India;
d. to defend the country and render national service when called upon to do so;
e. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of
women;
f. to value and preserve the rich heritage of our composite culture;
g. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
h. to develop the scientific temper, humanism and the spirit of inquiry and reform;
i. to safeguard public property and to abjure violence;
j. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement;
k. who is a parent or guardian to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years.
Fundamental Duties v/s Directive Principles
The fundamental duties were included in the constitution by the 42nd amendment act 1976. They are inspired by the
“Constitution of Japan”. As the directive principles are addressed to the state, the fundamental duties are addressed to
the Citizens. The citizens enjoying the fundamental rights must respect the ideals of the constitution, to promote
harmony and spirit of the brotherhood.
Swaran Singh Committee
Sardar Swaran Singh committee was constituted by Indira Gandhi soon after emergency was imposed in the country.
The objective of this committee was to study the question of amending the constitution in the light of past experiences
and recommend the amendments. The 42nd amendment act which is also called "Mini Constitution" which amended
many articles and even the Preamble was a result of the recommendations of Sardar Swaran Singh committee. The 10
fundamental duties were also added as per the recommendations of Sardar Swaran Singh committee.

The Union Executive and Union Legislature
Separation of Power 48. Tenure of Attorney General
1. The Montesquieu Model of Separation of Powers 49. India’s Attorney General Versus UK’s Attorney General
2. Functions of Three Branches of Government 50. Advice on Legal Matters
3. Three Branches of Government at Union in India Parliament
4. Summary of Articles - President and Vice President: Article 53- 51. President is part of Parliament
73 52. Summary of the articles related to Union legislature
President of India 53. Composition of Rajya Sabha
5. Who can be a President of India? 54. Composition of Lok Sabha
6. Election Process 55. Representation of Anglo-Indian Community
7. Proportional Representation 56. Change in number of Lok Sabha Seats
8. Process of Election 57. Allocation of Lok Sabha Seats to States
9. Number of Electors 58. Election of Lok Sabha Members
10. Dispute in the Presidential election 59. Duration of Houses
11. President in Office: Conditions 60. Qualifications to Become an MP
12. Salary and Emoluments 61. Vacation of Seats
13. Vacancy in Office of the President 62. Disqualifications from being an MP
14. Executive Powers of President 63. Tenth Schedule & Disqualification
15. Military Powers of President 64. Sessions of Parliament, prorogation and dissolution
16. Diplomatic Powers of President Officers of The Parliament
17. Legislative Powers of President 65. Chairman & Deputy Chairman of Rajya Sabha
18. Analysis: Executive Power of the President 66. Speaker and Deputy Speaker of Lok Sabha
19. Is President a Rubber Stamp? 67. Secretary General of Lok Sabha
20. Confidential Relation between President and Council of 68. Power, Privileges, Immunities of parliament and MPs
Ministers Understanding the Government Business
21. Real Executive Power in Council of Ministers 69. Some Basic Terms
22. Discretionary Powers of the President: Critical Analysis 70. The Business of Law Making
23. Is President a Puppet? 71. How an Ordinary Bill becomes an Act?
24. Is Presidential Office superfluous? 72. Money Bill v/s Finance Bill
25. Ordinance Making Powers of President 73. Appropriation Bill
26. Judicial Powers of President: Power to Grant Pardon 74. Procedure of Budget
27. Legislative Powers : The Power of Veto 75. Non-votable and Votable Charges
28. Emergency Powers of the President 76. Cut Motions
29. Emergency: the coordination of President, CoM and Parliament 77. Finance Act and Appropriation Act
Vice President of India 78. Vote on Account
30. Who can be Vice President of India? 79. Finance Bills of First Class and Second Class
31. Functions of Vice President Question Hour
32. Election, term of office, removal, Oath 80. Types of Questions
33. Council of Ministers 81. Types of Majority
34. The Council of Ministers is Real Executive 82. Parliamentary Committees
35. Relation of Council of Ministers and President is Confidential 83. Committee on Public Accounts
36. Ministers shall hold office during the pleasure of the president 84. Estimates Committee
37. Ministers are from both Rajya Sabha and Lok Sabha 85. Committee on Public Undertakings
38. Council of Minister will be collectively responsible to the house 86. Business Advisory Committee
of people 87. Committee on Petitions
39. What is the implication of Rule of Individual Responsibility 88. Committee of Privileges
Attorney General of India 89. Other Committees
40. Qualification Delimitation
41. Appointment by President 90. Definition of Delimitation
42. Remuneration 91. Purpose of Delimitation
43. Functions 92. First Delimitation Commission
44. Attorney General versus Advocate General 93. Ban on Delimitation
45. Attorney General versus Solicitor General 94. Delimitation and 84th Amendment Act 2002
46. Attorney General and the advisory Jurisdiction of Supreme 95. Delimitation Act 2002
Court 96. Current Position of Delimitation
47. Attorney General is eligible to take part in parliament’s 97. Reserved Seats for SC & ST in Lok Sabha
Proceedings
Introduction
Constitution in Part V deals with the Union. The articles in Part V can be summarized as below:
• President and Vice President : Article 53-73
• Council of Ministers: Article 74-75
• Attorney General of India: Article 76
• Conduct of Government Business: Article 77-78
• Parliament of India: Article 79-122
• Legislative Power of the President : Article 123
• Union Judiciary : Article 124-147
• Comptroller and Auditor General of India : Article 148-151

The Montesquieu Model of Separation of Powers
The modern system of democratic governance is based upon the separation of power theory pioneered by
Montesquieu. This model is known as triaspolitica. The model was first developed in ancient Greece and became a
part of the uncodified Constitution of the Roman Republic. Under this system of separation of power, the state is into
three branches or estates, each with separate and independent powers and areas of responsibility. The normal division
of estates is into an executive, a legislature, and a judiciary.
 The proponents of the separation of powers say that this division protects the liberty and democracy and avoid
tyranny.
 Opponents say that it actually slows down the process of governing, promotes excesses of executive power and
unaccountability, and tends to marginalize the legislature.
The Montesquieu model is based on the British constitutional system, in which he perceived separation of powers
among the monarch, Parliament, and the courts of law.
Moreover, the press has been described as a "fourth estate" because of its considerable influence over
public opinion and its indirect influence in the branches of government by, for example, its support or
criticism of pending legislation or policy changes.
Functions of Three Branches of Government
The functions of the 3 branches of the Government are summarized as below:
Functions of Legislature
 Enacts all the laws.
 Controls all the money; taxes, borrows, and sets the budget.
 Oversees, investigates, and makes the rules for the government and its officers.
 Ratifies treaties.
Functions of Executive
 Preserves protects and defends the Constitution
 Faithfully executes the laws of the land.
 May veto laws in certain circumstances.
 Executes the spending authorized by legislature
 Important appointments are made by executive.
 Has the power to grant pardons for crimes.
Functions of Judiciary
 Responsible for administering the constitutional law
 Judges if any law is unconstitutional
 Oversees and administers members of the judiciary
Three Branches of Government at Union in India
The Union executive in India consists of President, Vice President, the Council of Minister and Attorney general. The
Union legislature is Parliament, which is made up of President, Lok Sabha and Rajya Sabha. Despite President being
part of Parliament, he is not a member of any house.
In the last 30-40 years of the British Rule in India, some responsibility was introduced in the administration of the
country and the provinces working at the time of our
Please note the following in context with India:
independence were more or less based upon the British  The Union Legislature is Only Parliament
Model. The country when became independent was a  The Union Executive is President, Vice President,
Council of Ministers and Attorney General.
parliamentary government, so shifting to another
 The Union Judiciary is Only Supreme Court.
model would have been against the tradition of a
century. This was the primary reason that we have a parliamentary form of Government. The second reason is that
there was a need to create a strongest executive which should be consistent with the democratic constitutional
structure of the newly independent country.
Summary of Articles - President and Vice President: Article 53-73
 Article 52: There shall be a president of India.
 Article 53: Executive power of the Union vested in the President., President of India as Supreme commander
of India Defense Forces.
 Article 54: President shall be elected by the members of an electoral college consisting of elected members of
both the houses of the parliament and legislative Assemblies. (means NOT legislative Councils)
 Article 55: Manner of election of president.
 Article 56 : Term of President of India (5 years) and method of resignation.
 Article 57: Same person is eligible to be re-elected as president after his / her term is over.
 Article 58: Details about qualifications of a candidate for Presidential elections.
 Article 59: This articles lays down certain conditions for president’s office
 Article 60: Oath to be taken by the president.
 Article 61: Provision for impeachment of the President
 Article 62: Time Limit to fill the vacancy of the Office of the President
 Article 63: There shall be a vice president of India.
 Article 64 : Vice President is the ex officio Chairman of the Council of States (Rajya Sabha)
 Article 65: Vice President will discharge the function of the President when he is not available.
 Article 66 : Elections and eligibility of Vice President of India
 Article 67: Term of office of Vice president (5 years)
 Article 68: How the vacancy in the office of Vice President has to be filled
 Article 69: Oath of affirmation to the vice President
 Article 70: Power to the “parliament’ for making provisions to discharge functions of president in any
contingency not provided in the constitution.
 Article 71: Some matters related to elections of the president & vice president.
 Article 72 : Power of president to Grant pardons
 Article 73: Extension of Power of the executive to parliament.
 Article 123: Ordinance Making Power of President
President of India
Who can be a President of India?
Article 58 of the constitution lay down the qualifications of a president in India. These qualifications are:
 He/ she should be a citizen of India,
 He / she must have completed the age of 35 years
 He / she must be qualified for election as a member of the House of the People.
 He/ she should not hold any office of profit under Union or state government.
Election Process
The president is elected for a term of 5 years. He may terminate his own term by writing a resignation addressed to
Vice president. He can be removed from the office ONLY by impeachment. He is eligible to re-elected for the same
office for unlimited times. The president is not elected by the people directly. A president is elected by an electoral
college. This Electoral College consists of the following:
 Elected members of parliament (MPs from Lok Sabha as well as Rajya Sabha).
 Elected members of State legislative members, including that if NCT of Delhi and Pondicherry
Members of legislative councils in the states where there are bicameral legislatures can NOT participate in
election of President.
Proportional Representation:

With a view to ensure uniformity of the representation of different states and parity between the Union and the states,
the constitution in article 56 provides an ingenious method.
The formula for value of vote for an MLA is as follows:
𝐏𝐨𝐩𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐬𝐭𝐚𝐭𝐞 1

Value of Vote of MLA= x
𝐄𝐥𝐞𝐜𝐭𝐞𝐝 𝐦𝐞𝐦𝐛𝐞𝐫𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐥𝐞𝐠𝐢𝐬𝐥𝐚𝐭𝐢𝐯𝐞 𝐚𝐬𝐬𝐞𝐦𝐛𝐥𝐲 1000
The formula for value of the vote for an MP is as follows:
𝐓𝐨𝐭𝐚𝐥 𝐍𝐮𝐦𝐛𝐞𝐫 𝐨𝐟 𝐭𝐡𝐞 𝐕𝐨𝐭𝐞𝐬 𝐚𝐬𝐬𝐢𝐠𝐧𝐞𝐝 𝐭𝐨 𝐚𝐥𝐥 𝐞𝐥𝐞𝐜𝐭𝐞𝐝 𝐌𝐋𝐀𝐬

Value of Vote of MP =
𝐓𝐨𝐭𝐚𝐥 𝐍𝐮𝐦𝐛𝐞𝐫 𝐨𝐟 𝐞𝐥𝐞𝐜𝐭𝐞𝐝 𝐌𝐏𝐬
Kindly note the following observations

 MPs and MLAs do not have one vote each but their votes are equal to the average number of people they
represent.
 Since MPs represent the whole country they have more votes, and MLAs have fewer votes than MPs as they
represent only the people in their states. This is called “proportional representation”.
 MPs in the Lok Sabha and Rajya Sabha have 708 votes each 1. Compared to this, MLAs have about 100 or 200
votes, depending on the size of their states
 MLAs from Uttar Pradesh have largest number of votes. The value of vote of each Member of the Legislative
Assembly of Uttar Pradesh is 208 and that of Sikkim is 7.
 In the election of the President of India, top 10 states with maximum votes of MLAs are as follows:
State Votes
Uttar Pradesh 208
Jharkhand 176
Tamil Nadu 176
Maharashtra 175
Bihar 173
Kerala 152
West Bengal 151
Orissa 149
Andhra Pradesh 148
Gujarat 147
 The original intention of proportional representation was that "population" would be as ascertained by the last
preceding census of which the relevant figures have been published. However, the 42nd amendment act 1976,
froze the "last preceding census" to that of 1971 census, till the first census after 2000". However, in 2000, the
union Cabinet made a decision to extend that freeze until the relevant figures for the first census taken after
2026.This was later made possible by the Constitution (Eighty-fourth) Amendment Act, 2001, which
provides that until the relevant population figures for the first census to be taken after the year 2026 have been
published. So, the population of the States for the purposes of calculation of value of votes for the Presidential
Election shall mean the population as ascertained at the 1971-census.
Process of Election
The value of vote of each elector is pre-determined as per the formulae given above. The MPs and MLA give vote on the
ballot paper by marking their preference to the candidates. These ballot papers are later separated in trays which are
meant for the candidate to whom the first preference was marked. After distributing the ballot papers of each state
separately, the returning officer counts the valid votes. These totals valid votes are multiplied by the value of each vote
and that total is credited to the candidate as the total value of votes secured. After this, value of valid votes secured by
each candidate is totalled. After calculating the total value of votes polled by each candidate, the Returning Officer totals
up the value of all valid votes polled. The quota for declaring a candidate as elected is determined by dividing the total
value of valid votes by 2 and adding one to the quotient, ignoring the remainder, if any.
1
As per census 1971 Facebook Group: Indian Administrative Service ( Raz Kr)
For example, assuming the total value of valid votes polled by all candidates is 1,00,001. The quota required for getting
elected is:
100,001
+1 = 50,000.50 +1 (ignore .50)
2
=50001
If any candidate has secured the above quota of votes, he/ she is declared elected. If none of them secures the above
data then following process is followed:
 Returning Officer proceeds further to second round of counting during which the candidate having lowest
value of votes of first preference is excluded and his votes are distributed among the remaining candidates
according to the second preference marked on these ballot papers.
 The other continuing candidates receive the votes of excluded candidate at the same value at which he/she
received them in the first round of counting.
 The Returning Officer will go on excluding the candidates with lowest number of votes in subsequent rounds of
counting till either one of the continuing candidates gets the required quota or till only one candidate remains
in the field as the continuing candidate and shall declare him/her as elected.
Who is Returning Officer in President Elections?

By convention, the Secretary General, Lok Sabha and the Secretary General, Rajya Sabha are appointed as the Returning Officers by rotation. For
the 2007 Presidential Election, the Secretary General, Lok Sabha was appointed as Returning Officer. Therefore, for the 2012 Presidential Election,
the Secretary General, Rajya Sabha has been appointed as the Returning Officer. Two other senior officers of Rajya Sabha Secretariat and the
Secretaries and one more senior officer of Legislative Assemblies of all States including NCT of Delhi and Union Territory of Puducherry have also
been appointed as the Assistant Returning Officers.
Number of Electors
The last Presidential elections in India were held in 2012. The total number of members in the Electoral College for the
Presidential election in 2012 was 4896, as follows:
1. Rajya Sabha = 233
2. Lok Sabha = 543
3. State Assemblies = 4120
4. Total = 4896
Value of Each MLA Votes
The following table shows the value of each state elector (MLAs) from state assemblies.

Calculation of the Votes for 2012 Elections
 Total Members: Lok Sabha (543) + Rajya Sabha (233) = 776
𝟓𝟒𝟗𝟒𝟕𝟒
 Value Of Each Vote = = 708
𝟕𝟕𝟔
 Total Value Of Votes Of 776 Members Of Parliament = 708 X 776 = 549408

 Total Electors for the Presidential Election = MLAs (4120) + MPs (776) = 4896
 Total Value Of 4896 Electors For The Presidential Election 2012 = 549474 + 549408 = 1098882
Dispute in the Presidential election
Article 71 stipulates that all doubts arising out of election of the president will be decided by the “Supreme Court”. There
can be no dispute on vacancy in an electoral college. Please note that Constitution 39th Amendment Act had
taken away the power of the Supreme Court to settle such disputes. However, this power was restored by
Constitution 42nd amendment act. So, if there is any dispute, an election petition is filed with Supreme Court of
India which is the only authority to try an election petition regarding President’s election.
 A petition regarding the dispute in election can be filed by any of the presidential candidates.
 A petition can be filed by any 20 or more electors as joint petitioners.
 Petition should be filed within 30 days of declaration of the result.
President in Office: Conditions
Article 59 lays down certain conditions of the office of the president. These are summarized as below:
 President is not a member of any house of the parliament or any state legislature
 If he/ she is a member of any house, he / she shall have to vacate the seat in those house.
 He / she should not hold any office of profit.
Salary and Emoluments:
The president of India is entitled to rent free accommodation, allowances and privileges as determined by the
parliament by law. Thus salary of the President is decided by Parliament. The salary and allowances of the
president are charged from Consolidated Fund of India. The original constitution provided ` 10,000 per month for
president. In 1998 it was raised to ` 50,000. In 2008 the salary was raised to ` 1.5 Lakh per month.
Impeachment
Article 61 outlines the impeachment of the president of India. We should note that no president of India has been
impeached so far.
 The charge of violation can be preferred by any house of the parliament before other house.
 To start the proceedings 14 days notice is given
 This notice must be signed by minimum 25% (1/4th) of the total number of members.
 The resolution must be passed by 2/3rd of both the houses.
 After resolution is passed president is removed.
 During the process president has right to defend himself / herself.
Vacancy in Office of the President:
The election to fill a vacancy arising out of expiration of the term of president must be completed before expiration of
his / her term. If there is a delay, the president continues to hold the office, until his / her successor takes charge. If any
vacancy arises out of death/ resignation / removal, it must be filled within 6 months. During the vacancy in the office of
president, Vice president would be discharging the duties of a president. If Vice President is also NOT available,
Chief Justice of India will discharge the function of the president. If Chief Justice of India is also
unavailable, then senior most judge of the Supreme Court will discharge this function. Any
person (vice president / chief justice of India/ senior most Judge of Supreme Court) while discharging
the duties of the president shall be entitled to all powers and privileges of the president.

Executive Powers of President
All Contracts and assurances of the property are made by the Government of India in President’s name. Further,
president appoints the important members of the union government. They are as follows:
 Prime Minister and Council of Ministers on advice of Prime Minister.
 Chief Justice of India and Other Judges of Supreme Court on advice of the Chief Justice.
 Chief Justice of High courts after consulting with Chief Justice of India and other Judges of the High Court’s on advice
of Chief Justice of High Court.
 Chairman of the Union Public Service Commission.
 Other members of the Union Public Service Commission.
 Attorney General of India.
 Comptroller and Auditor General of India
 Chief Election Commissioner.
 Other members of the Election Commission.
 Governors of states (Please note that advice of chief Ministers is not sought for appointment of Governors)
 Ambassadors and High Commissioners.
 Finance Commission members.
 National Commission for SC/ ST members & Chairmen.
 Administrator of the Union territories. (Administrators of Andaman and Nicobar Islands, Delhi and Puducherry are
designated as Lieutenant Governors. The Governor of Punjab is concurrently the Administrator of Chandigarh. The
Administrator of Dadra and Nagar Haveli is concurrently the Administrator of Daman and Diu. Lakshadweep has a
separate Administrator)
Military Powers of President:
 Article 53 vests the supreme command of the Armed Forces of India in the President. President of India can
declare war or conclude peace, under the regulation by the parliament.
Diplomatic Powers of President
 India is represented on International forum by President of India. He sends and received ambassadors.
 All international treaties and agreements are concluded on behalf of the President subject to ratification by
the parliament.
Legislative Powers of President
 The parliament is composed of president, Lok Sabha and Rajya Sabha so, president of India is a inseparable
part of Indian Parliament.
 President has power to summon or prorogue 2 the two
houses of parliament. After a prorogation, the house must Reports and Statements get by President to be laid before
parliament:
be summoned within 6 months. 1. Annual Financial Statement
2. Reports of Auditor General
 The President may dissolve the Lok Sabha. (Rajya Sabha is 3. Annual report of UPSC
never dissolved) 4. Reports of Finance Commission
5. Reports of Special officers of SC & ST
 After the general Elections, president addresses both the 6. Report of the Special officers of Linguistic
houses of the parliament. He may address either house or Minorities and Backward Classes.
even a joint sitting.

 The President may nominate two members of Anglo Indian Community in the Lok Sabha if he feels that the
community is not represented adequately. (Article 331)
 President has power to nominate 12 members of Rajya Sabha if they excelled in Art, Literature, Science, Social
Science, Culture etc. (Article 80)
 A Bill passed by the parliament becomes an act only after president has given assent to it.
 There are some bills which require prior recommendation of the President. This means these bills need to be
introduced in the parliament only on the recommendation of the President. This bills are:
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o Bill that seek to alter the boundaries of the states and names of the states. (Article 3, we
have already discussed this in our Union and Its territory Module)
o Money Bill (as per Article 110) & Finance Bill.
o Any bill which affects the taxation in which the states are interested (Article 274)
o State Bills which impose restriction upon freedom of trade (Article 304).
Analysis: Executive Power of the President
The president must exercise powers according to the constituent. Article 53(1) which vests the executive power of the
union in the president provides that the power
Is President a Rubber Stamp?
may be exercised by the president either directly Article 77 expressly mentions that all executive actions of the Government of
India shall be expressed to be taken in the name of the president. This article
or through officers subordinates to him. For this provides that the orders and other instruments shall be authenticated in such a
manner as may be specified in rules by the president. But the rules made by the
purpose, ministers are deemed to be officers President do NOT require the president to act ONLY through the Ministers. It
expressly mentions that the President is not a Rubber stamp.
subordinate to him. Duties of Prime Minister towards President?
Article 78 deals with the duties of the Prime Minister towards the President of
Confidential Relation between President and India. The duties of the Prime Minister towards President are:
Council of Ministers - To communicate to the President all decisions of the Council of
Ministers Regarding the administration and legislation of India.
Then the Article 74 (1) provides that there shall - To furnish such information as the President may call for.
- To submit for the Consideration of the Council of Ministers as desired
be a council of ministers with prime minister at by the President.
the head, to aid the advice president in exercise of his functions. Article 74 (2) lays that question whether any, and if so,
what advice was tendered by minister to the president shall not be inquired into in any court. Thus, relation between
president and council of ministers are confidential.
Real Executive Power in Council of Ministers
The executive powers vested in the president have to be exercised in accordance with the advice of the Council of
Minister as per Article 74(1). This provision was implicit but was made explicit and obligatory for the president via
Constitution 42nd amendment act 1976. Later the 44th amendment act gave him the power to send back
advice received from council of Ministers to reconsider. At present, the president exercises the executive
powers as per the advice of the Council of the Ministers. However, he has the power to send back the advice
to council of Ministers for reconsideration. If the council of Ministers adheres to the previous advice, the
president has to act as per this advice. So, Council of Ministers exercises the real executive power in the
name of the president. All executive decisions are taken in the name of the President (Article 77).
Discretionary Powers of the President: Critical Analysis
The role of the president in Indian polity as a figurehead is reflected in his indirect election. Further, the constitution
nowhere uses the terms like “Discretion” and individual judgement” for the president which were used for the
governor-general under the government of India act, 1935. Except in certain marginal cases, president shall have no
power to act in his discretion in any case:
 India’s Council of ministers is responsible to Lok Sabha. If the president ignores the advice of ministers
enjoying the confidence in Lok Sabha, it may resign and thus create a constitutional crisis. So, it is obligatory on
the president to have always a council of ministers.
 If he dismisses any ministry having support of Lok Sabha, they may bring impeachment proceeding against
him. This serves as a deterrent against the president assuming real powers
 In the appointment of prime minister, the president’s discretion is limited. Thus when a single party gains an
absolute majority and has an accepted leader, president’s choice of selecting prime minister is a mere
formality, similarly, if on the death or resignation of a prime minister , the ruling party elects a new leader,
president has no choice but to appoint him as prime minister.
 However, if no single party gains majority and a “coalition government” is to be formed, president can exercise
a little discretion and select the leader of any party who, in his opinion, can form a stable ministry. However,
even in such a situation, his action should be guided by certain conventions. President may first invite a person
and appoint him the prime minister and then ask him to prove his majority or seek a vote of confidence in the
Lok Sabha within a reasonable time.
 The individual ministers hold the office during the pleasure of the president, but president is bound to exercise
his pleasure in accordance with prime minister ‘s advice. Thus, it is a power of prime minister against his
(Undesirable) colleagues.
 So long as prime minister and his cabinet enjoy confidence, the president is bound to dissolve Lok Sabha only
when advised by prime minister. But, this advice will not be binding on the president, when prime minister
loses his majority or unable to prove his majority or a vote of non-confidence passed against him or when he is
not facing the parliament, but president has proof that ruling does not have a majority. In such circumstances,
the president must try to find out whether any alternative ministry can be possible. He should make all
possible efforts to avoid a mid-term poll.
 Article 78 provides that it shall be the duty of prime minister to communicate to the president all decisions of
council of ministers relating to administration of affairs of union and proposals for legislation; to furnish
such information relating to administration as president may call for; and if the president so requires to submit
for the consideration of council of ministers any matters on which’s decision has been taken by a minister but
which has not been considered by the cabinet.
 The president has a right to know what his government is doing or proposes to do. But the question how much
information is to be furnished by prime minister to the president is his prerogative. This should be a matter to
be resolved by mutual confidence and cooperation between the two.
Thus, India has a president but not a presidential form of government, as found in America. The American president is
the real executive head and is directly responsible to the people, who elect president. American president is the chief
head of executive, and administration is vested in him, and he appoint members of cabinet who are responsible to him.
While, Indian president is head of the state but not the real executive. He represents the nation but does not rule the
nation, as India has a Parliament system of government.
Is President a Puppet?
It is submitted that it would have never been the intention of the framers of constitution to make the president a
puppet or a passive spectator. In view of the oath taken by the President ……… to preserve, protect and defend the
constitution and law, and that……….. devote myself to the service of people of India, President is duty bound to advice to
guide and exert his influence on decisions taken by the prime minister. Thus the president can exercise a persuasive
influence. His role is at best advisory.
Is Presidential Office superfluous?
Weak position of president doesn’t mean that his office is superfluous. President of India is the symbol of Indian
national unity. Being impartial and above the party politics, he exerts his influence on the decisions of prime minister.
The influence, however, will depend on his sterling character, magnetic personality and selfless devotion to the nation.
Mr. Nehru the first prime minister of the country observed: We want to emphasise the ministerial character of the
government and that power really resided in the ministry and in the legislature and not in the president. At the same
time, we did not want to make the president just a mere figurehead……….. we did not give him any real power but we have
made his position one of the great authority and dignity. He is also the commander-in-chief of the defence forces…….
 Indian constitution envisages not a dictatorial but a democratic president who was uses his judgement to keep
the democratic and representative government functioning and not to thwart or to subvert the same.
 President R. Venkataraman in his autobiography has expressed the view that advice of the cabinet violative of
the constitutional provisions is not binding on the president. He meant that recommendations of the cabinet
violative of the provisions of the constitution could be legally and constitutionally stalled by the president.

Ordinance Making Powers of President
Parliament is not always in session and when it becomes necessary to have a law on some urgent public matter , the
constitution via article 123 provides the power to the president to issue Article 213 has conferred the ordinance
making power to Governor of a state in India.
ordinances if he is satisfied with the circumstances of issuing such
ordinance. Ordinances are promulgated when parliament is not in session.
The ordinance has similar effect to an act of parliament. However, every ordinance must be laid before both houses of
the parliament within 6 weeks from the reassembling of the parliament. If it is not placed in parliament within 6
weeks from reassembly, it becomes invalid. If it does not get approval of parliament, it becomes invalid. However, it
may be withdrawn by the president.
Maximum Possible Life of an Ordinance
An ordinance is in force as long as parliament does not meet. But, there cannot be a gap of more than 6
months between two meetings of parliament. Further, a time of 6 weeks is given after the parliament
reassembles. So, 6 months + 6 weeks =71/2 months is the maximum life of an ordinance.
Judicial Powers of President: Power to Grant Pardon
Article 72 says that the President shall have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any offence. The meaning of
these terms is as follows:
 Pardon: Complete pardon
 Reprieve: Temporary suspension of sentence
 Respite: awarding less sentence
 Remission: Reducing amount of sentence
 Commutation: Changing one punishment to another.
Legislative Powers : The Power of Veto
In India the President can hold his assent to a bill in the following circumstances:
 If it is an ordinary Bill
In case of an ordinary bill or a bill got introduced by a private member and passed by both houses, the
president can just keep the bill in his pocket and forget it. When president neither gives assent nor returns the
bill, it is also called “Pocket Veto”. So, Pocket Veto is applicable to only ordinary bills. This is also called
Absolute Veto
 If it is a constitution amendment Bill
The President of India enjoyed absolute veto on Constitutional amendment till 1971 only. The
article 368 (2) before 1971 stated: ….it, shall be presented to the President for his assent and upon
such assent being given to the bill , the constitution shall stand amended. However, the situation
changed in 1971. The above clause was changed as follows by Constitution 24th Amendment Act,
1971: …..it, shall be presented to the President who shall give his assent to the Bill and thereupon.
This means that now, Constitutional amendments cannot be questioned by the president or any court of law.
However, the Basic Structure of the Constitution still remains under the Judicial Review, in case of such
amendment violates the basic structure.
 If it a money bill
The President may either give or withhold his assent to a Money Bill. Under the Constitution, a Money Bill cannot
be returned to the House by the President for reconsideration.
Emergency Powers of the President
President of India can declare 3 types of Emergencies.
 National Emergency as per provisions of Article 352
 State Emergency as per provisions of Article 356
 Facebook Group: Indian Administrative Service ( Raz Kr)
Financial Emergency as per Article 360.
National Emergency:
The National Emergency can be declared due to a war, external aggression, armed rebellion in whole of India. This has
been declared in India since independence for 3 times as follows:
 Between 26 October 1962 to 10 January 1968 during the India-China war on account of "the security of
India" having been declared "threatened by external aggression".
 On 3 December 1971 originally proclaimed during the Indo Pakistan war, and later extended on account
of "the security of India" having been declared "threatened by external aggression".
 Between 26 June 1975 to 21 March 1977 under controversial circumstances of political instability under
the Indira Gandhi's prime ministership on account of "the security of India" having been declared
"threatened by internal disturbances".
Emergency: the coordination of President, CoM and Parliament
The president can declare such emergency only on the basis of a written request by the council of Ministers headed by
Prime Minister. It must be approved by the parliament within 1 month. It can be imposed for 6 months and subject to
extensions by repeated parliament approvals. In the event of National Emergency 6 freedoms gets suspended, however,
Right to Life and personal liberty don't suspend.
State Emergency:
State Emergency is called President's Rule. In India almost all states have tasted this emergency. This is declared on
account of " failure of Constitutional Machinery in the state' and is declared on the basis of report of Governor or other
sources. It must be approved by parliament within 2 months. It is imposed for 6 months subject to maximum
extension of 3 years. Beyond three years, the constitution would be required to amend for the extension 3. During such
emergency Governor administers the state in the name of the president. During the state emergency, all money bills
of the state are referred to parliament for approval. During the state emergency, parliament makes laws on “subjects of
state list” for particular state.
Financial Emergency:
If the President of India is satisfied that there are circumstances in which the financial stability or credit of the country
is threatened he / she may declare financial emergency as per article 360. It has not been declared in India ever. In the
financial emergency, almost all financial powers are assumed by the president.
Vice President of India
Who can be Vice President of India?
The eligibility criteria to become a Vice President of India are laid down by Article 66 (Election of Vice President). The
article says that the candidate to become Vice President of India should:
 Be a Citizen of India
 Completed the age of 35 years
 Qualified for election as member of Council of State.
Here is the first difference between the President and Vice President Candidature. The Presidential candidate
must be qualified for election as a member of the House of the People (Lok Sabha) while the Vice President
should be qualified for election as a member of the Council of States (Rajya Sabha). Please note this.
 Can not hold an office for profit.
Functions of Vice President

Vice President is the executive Chairman of the Rajya Sabha and can not hold any other office of the profit. However,
during the period when he/ she acts as the officiating President of India, he / she shall not act as chairman of the Rajya
Sabha and shall not be entitled to the salary or allowances payable to the chairman of the Rajya Sabha. Article 65 says
that in case the President is unable to discharge his/ her duties for reasons such as illness, resignation, removal, death
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or otherwise, the Vice President shall carry out functions of the President. In such case, he/ she shall be entitled for
the salary, allowance and all privileges of the President.
Election, term of office, removal, Oath
The Vice President of India is elected by both the houses of the parliament i.e. Lok Sabha and Rajya Sabha. The MLAs
have no role to play in election of the Vice President. The Vice President functions a President of the whole country, when
the president is not available, but in his election, State electors have no role to play and this is a big anomaly in the
constitution.
The original constitution laid down the method of election of Vice President of India by members of both Houses of
Parliament assembled at a joint meeting. However, later it was felt that the requirement that both houses should
assemble at a joint sitting for the election of the Vice-President, is unnecessary and has practical difficulties. So, this
difficulty was done away with Constitution 11th Amendment Act 1961. Now the election of the Vice President takes
place on the basis of a electoral college consisting of the members of both Houses of Parliament in accordance with the
system of proportional representation by means of the single transferable vote.
 The doubt and dispute arising out of election of President and / or Vice President can be challenged in the
Supreme Court.
 The term of office of the Vice President is 5 years. The term may terminate earlier by resignation which
should be addressed to the President. The term may also terminate earlier by removal.
 The Vice President can be removed by a resolution by the members of the Rajya Sabha. To move such
resolution, a 14 days’ notice is to be given. Such a resolution, though passed by the Rajya Sabha only, but
must be agreeable to the Lok Sabha. There is no need of impeachment of Vice President.
 While the president takes the oath of office to preserve, protect and defend the Constitution and the law, the
Vice President takes oath of true faith and allegiance to the Constitution of India as by law established.
Council of Ministers
Summary of Articles
Article 74 & 75 of the constitution of India deal with the Council of Ministers and Prime Minister. Here is the summary
of these articles:
 Article 74(1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with such advice. The president may
require the council of ministers to reconsider such advice and president shall act in accordance with such
advice reconsidered.
 Article 74(2): What advice was tendered to the president cannot be inquired into any court.
 Article 75(1): The Prime Minister shall be appointed by the President and the other Ministers shall be
appointed by the President on the advice of the Prime Minister.
 Article 75(2): The Ministers shall hold office during the pleasure of the President.
 Article 75(3): The Council of Ministers shall be collectively responsible to the House of the People.
 Article 75(4): Before a Minister enters upon his office, the President shall administer to him the oaths of office
and of secrecy according to the forms set out for the purpose in the Third Schedule
 Article 75(5): A Minister must be a member of any of the houses within 6 months.
 Article 75(6): Parliament will decide the salary and allowances of the Ministers and until parliament decides,
so shall be as specified in the Second Schedule.
The Council of Ministers is Real Executive
 The article 74(1) makes the Council of Ministers real executive in our country. This article mentions that the
President shall act in accordance with the advice tendered by the council of Ministers. The president may ask

the Council of Ministers to reconsider the advice, but if the Council of Ministers decides to stick to the previous
advice, the president acts as per this reconsidered advice.
Relation of Council of Ministers and President is Confidential
Advice tendered to the president by the Council of Ministers can not be inquired by anybody. This has been made clear
by the article 74(2) of the constitution.
Ministers shall hold office during the pleasure of the president
All the ministers are appointed by the president on the advice of the Prime Minister. It is the Prime Minister who
allocates the portfolio to other ministers. The prime Minister may call for the resignation of any minister at any time. In
case the minister refuses, the prime minister may advice the President to dismiss the minister. This is also called the
“Rule of Individual Responsibility”.
Ministers are from both Rajya Sabha and Lok Sabha
A Minister must be a member of any of the houses within 6 months. This means that Prime Minister may
choose Ministers from Lok Sabha or Rajya Sabha. A person who is not a member of either house may be
appointed as a minister. But maximum duration, a person can remain a minister without being a member of
either house is 6 months. He / she must be able to secure a seat in either house within this time period as
per Article 75(5).
Council of Minister will be collectively responsible to the house of people
Article 75(3) of our constitution incorporates the Principle of Collective Responsibility. This article says that Council
of Ministers shall be collectively responsible to "Lok Sabha". This means that if the Ministry loses the confidence of the
“Lok Sabha”, all ministers including those who are from Rajya Sabha have to go. The entire ministry is obliged to
resign. This means that ministers fall and stand together. This is called “Rule of Collective Responsibility”.
What is the implication of Rule of Individual Responsibility
As mentioned above, Individual responsibility means that Individual minister holds the office during the pleasure of the
president. It means that this is a “powerful weapon” of the President in the hands of the prime Minister. Losing
confidence of the Prime Minister leads to dismissal by the President.
Attorney General of India
Article 76 Provides for an Attorney General of India. Attorney General is Indian government's chief legal advisor and its
primary lawyer in the Supreme Court of India.
Qualification
 The person must be a person qualified to be appointed as a Judge of the Supreme Court. The following are pre-
qualifications for a Judge of the Supreme Court:
o Citizen of India
o Minimum five years service as a Judge of a High Court or 10 years an advocate of a High Court
o A distinguished jurist in the opinion of the president.
Appointment by President
 As per article 76(1) President of India appoints chief justice and the attorney general holds the office during
the pleasure of the President.
Remuneration
 The Attorney General represents the government but is also allowed to take up private practice provided the
other party is not the state. Because of this he is not paid salary but a retainer to be determined by the
President. The Attorney General gets a retainer equivalent to the salary of a judge of a Supreme Court.
Functions
 The Attorney General is the first law officer of the government of India.
 Attorney General acts as an advocate of the Union Government.
 He is responsible for giving advice to the Government of India upon such legal matters and to perform such
other duties of legal character which are assigned to him by
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Attorney General versus Advocate General
 Attorney General is the highest law officer of the country, while the Advocate General is the highest law officer
of a State in India.
 Attorney general is appointed by President, Advocate general is appointed by the Governor of the state (article
165).
 The advocate general holds the office during the pleasure of the Governor and his remuneration is decided by
Governor of the state in question.
Attorney General versus Solicitor General
 While the Attorney General is highest law officer of the country, solicitor general is the second highest law officer.
A Solicitor General assists the Attorney General of India.
 The Solicitor General is himself/ herself is assisted by four Additional Solicitors Generals. Attorney General can
tender the legal advice to government of India but Solicitor General cannot.
 The job of Solicitor General of India is confined to appearing in the courts on behalf of Union of India.
Attorney General and the advisory Jurisdiction of Supreme Court
 Whenever any reference is made by the President to the Supreme Court under Article 143 of the Constitution
(advisory jurisdiction) Attorney General represents the Government of India.
Attorney General is eligible to take part in parliament’s Proceedings
 Though Attorney General is not a member of the Cabinet he has the right to speak in both the Houses of
Parliament and any committee thereof, but he has no right to vote. In the performance of his official duties the
Attorney General shall have a right of audience in all the courts in the territory of India.
Tenure of Attorney General
 Tenure of the Attorney general is fixed by the President via notification.
India’s Attorney General Versus UK’s Attorney General
 In Britain the Attorney General is a member of the Cabinet. In India Attorney General is not a member of the
cabinet and in cabinet, there is a Minister of law. Though the Attorney General has privilege to address both the
houses of the parliament and enjoys same immunities and privileges as other MPs in India.
Advice on Legal Matters
 If there is a need to seek advice on legal matters, Law Minister is superior to Attorney General. In fact all
references are made by the law ministry to the Attorney General.
Union Legislature: Parliament
President is part of Parliament
India’s parliament is constituted on the basis of Principle of principle of “Bicameralism”, so it has two chambers. The
two houses are Lok Sabha and Rajya Sabha. As the name suggests, Lok Sabha is the House of the People and Rajya Sabha
is the council of States. The members of Lok Sabha are directly elected by the people. The members of Rajya Sabha are
elected by the “Members of State Assemblies”. In India, the Parliament comprises President, Lok Sabha and Rajya
Sabha but the President is NOT a Part of the legislature. This is in line with the British parliamentary system where
the Parliament is comprised of Monarch, If President is NOT a part of the legislature, how his/ her participation in
legislature is ensured?
House of Lords and House of Commons. This has been done by making the President a Part of the Parliament. President is the
Chief Executive Authority and Executive power is co-extensive with the legislative
Though, this is in contrast with the power.
Parliament of the United States (Congress),
where President is NOT a part of the American Congress.
Summary of the articles related to Union legislature
• Article 79: There shall be a parliament which shall be consisting of President & two Houses.
• Article 80: Composition of the Rajya Sabha.
• Article 81 : Composition of the House of People (Lok Sabha)
• Article 82: Delimitation / Delimitation Commission.
• Article 83: Duration of Both the Houses of the parliament.
• Article 84: Qualifications to become an MP (Both Lok Sabha MPs and Rajya Sabha MPs).
• Article 85: President shall summon the houses of the parliament to meet (6 months is the maximum time limit
provided between two consecutive meetings) & Prorogation and Dissolution of the Houses.
• Article 86: Right of President to address and send messages to Both the Houses of the parliament.
• Article 87: Special addresses by the President to Both the Houses of the parliament.
• Article 88 : Rights of Ministers and Attorney-General as respective Houses.
• Article 89 : Vice President of India shall be Ex-officio Chairman of the Rajya Sabha and the Rajya Sabha
members will choose a "Deputy Chairman".
• Article 89 to article 98: Deal with the officers of the parliament such as Chairman of Rajya Sabha (89), Deputy
Chairman (90,91,92), Speaker and Deputy Speaker of Lok Sabha (93, 94, 95, 96), Salaries of the Chairman, Deputy
Chairman, Speaker, Deputy Speaker (97) and Secretariat of the Parliament (98).
• Article 99 & 100 : Conduct of parliament Business such as Oath by the MPs, Voting in Houses etc.
• Article 101, 102, 103, 104 : Disqualification of the members.
• Article 105, 106: Powers, Privileges, salaries , Allowances etc. of the MPs.
• Article 107, 108, 109, 110, 111: Procedure of introduction and passing of the Bills, Joint sittings in some cases,
Money Bill, Assent to Bills etc.
• Article 112, 113, 114, 115, 116, 117 : Financial matters such as Budget, Appropriation Bills, Grants etc.
• Article 118 to 122 : General procedures of the Parliament.
• Article 123 gives the president the power to promulgate the Ordinance.
Rajya Sabha
Composition of Rajya Sabha
Rajya Sabha or Council of States is the Upper House of our parliament. The other term is used is “House of Elders”.
Article 80 gives the details of the composition of the Rajya Sabha. The maximum membership to Rajya Sabha is limited
to 250. The 250 members are as follows:
 A maximum of 12 Members nominated by the President of India who excel in Literature, Science, Art and Social
Service.
 A maximum of 238 Members elected by representatives of the States & Union Territories. The Original
Constitution mentioned only states. UTs added by 7th amendment.
 Representatives of the states are elected by the elected members of the Legislative Assembly of the state in
accordance with the System of Proportional Representation by means of Single Transferable Vote.
 The present strength of the Rajya Sabha is 245, of whom 233 are representatives of the States/Union
Territories and 12 are nominated by the President.
Election of the Rajya Sabha Members
233 members of the Present Rajya Sabha are elected by the various state Legislative assemblies so the Council of States
is an “Indirectly Elected Body”. For this election, Each State is allotted a certain number of seats in the council. As per
article 80(5), the representatives of the Union Territories are chosen as Parliament prescribes by law. As prescribed by
the parliament, the representatives of the Union Territories are indirectly elected by the members of the electoral
collage for that territory.
Allocation of Seats:
This allocation is mainly on the basis of Population but this is NOT the sole consideration. Some smaller states have
been given due weightage in representation in Rajya Sabha.

Following table shows the composition of Present Rajya Sabha.

State Members State Members
Arunachal Pradesh 1 Jharkhand 6

Goa 1 Assam 7
Manipur 1 Punjab 7
Meghalaya 1 Kerala 9
Mizoram 1 Orissa 10
Nagaland 1 Rajasthan 10
Sikkim 1 Gujarat 11
Tripura 1 Madhya Pradesh 11
Pondicherry 1 Karnataka 12
Himachal Pradesh 3 Bihar 16
Uttarakhand 3 West Bengal 16
NCT of Delhi 3 Andhra Pradesh 18
Jammu and Kashmir 4 Tamil Nadu 18
Chhattisgarh 5 Maharashtra 19
Haryana 5 Uttar Pradesh 31
Total 233
Nominated 12
Total Rajya Sabha 245
The above table makes it clear that not all Union Territories are represented in Rajya Sabha.
Lok Sabha
Composition of Lok Sabha
Article 81 deals with the Composition of the Lok Sabha. This article provides that the maximum number should be as
follows:
 Not more than 530 representatives of the states.
 Not more than 20 representatives from the Union Territories
 Not more than 2 members of the Anglo Indian Community as nominated by the President, only if he / she is of
opinion that the Anglo Indian Community is not adequately represented in the parliament.
 This makes the total strength of the Lok Sabha i.e. 530+20+2= 552.
Representation of Anglo-Indian Community
Representation of the Anglo-Indian Community is provided by the Constitution as per article 331 and NOT by article 81.
Article 331 says that:
Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not
adequately represented in the House of the People, nominate not more than two members of that community to the House
of the People.
Change in number of Lok Sabha Seats
The limit on the maximum number of members chosen directly from territorial constituencies in States
may be exceeded if such an increase is incidental to the reorganization of States by an Act of
Parliament. However, the Strength of Lok Sabha may NOT change now or in near Future until the
relevant figures are published of first census taken after the year 2026. As of now, The Constitution
limits the Lok Sabha to a maximum of 552 members, including no more than 20 members representing
people from the Union Territories, and two appointed non-partisan members to represent the Anglo-Indian community (if
the President feels that the community is not adequately represented).
Allocation of Lok Sabha Seats to States
The seats of Lok Sabha are allocated to the states in such manner that the ratio between that number and the
population of the State is, so far as practicable, the same for all States. Further, each State is divided into territorial
constituencies in such manner that the ratio between the population of each constituency and the number of seats
allotted to it is, so far as practicable, the same throughout the State.
Which Census Figures are used?
 1971 census for determination allocation of seats among states and Census 1991 for allocation of Seats within
states (Article 81, Explanation i & ii)

Election of Lok Sabha Members
 The electors of the Constituencies elect the members directly on the basis of Adult Suffrage as per Article 326
Constitution of India.
 The age for being eligible to voting , prior to 61st amendment act was 21 years. The Constitution 61st
Amendment Act 1988 reduced the age to be eligible to vote to 18 years.
 Please note that Constitution provides that the members of the Union territories are to be chosen in such a
manner as Parliament by law may decide, and using this power the parliament made the law that
members from the Union Territories should be chosen by direct election. The first General elections were
held in 1951-52. The strength of the Lok Sabha at that time was 489.
 Each Constituency chooses 1 member. But this was not as it since beginning. Prior to 1962, there were both
single - member and multi member constituencies. These multi - member constituencies used to elect more
than one member. The multimember constituencies were abolished in 1962.
Duration of Houses
Lok Sabha has a fixed term of 5 years and can be dissolved by the President at any time.The original Constitution had a
term of Lok Sabha as 6 years. It was changed to 5 years by Constitution 44th Amendment Act 1978. Rajya Sabha has an
indefinite term and not subject to dissolution (Article 83.1). The term of an Individual Rajya Sabha member is 6 years
and one third of its members retire every two years, in accordance with the rules as prescribed by the parliament of
India. While a Proclamation of Emergency is in operation, 5 year period for Lok Sabha may be extended by Parliament by
law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the
Proclamation has ceased to operate.
Qualifications to Become an MP
Article 84 of the Constitution lays down the qualifications for membership of Parliament. A person to be qualified to be
an MP is required that he / she:
 Must be a citizen of India
 Must be not less than 30 years of age in case of Rajya Sabha and 25 years in Case of Lok Sabha.
 Must possess such other qualifications as may be prescribed in that behalf by or under any law made by
Parliament.
Vacation of Seats
Article 101 lays down the conditions in which a member of parliament shall vacate his / her seat. The conditions are as
follows:
 If a person be chosen to be member of both the houses of parliament, he/ she must vacate his / her seat
in one of the two houses.
 If a person is elected both as MLA and MP, then he / she must vacate the seat of MLA, otherwise seat of
MP shall fall vacant.
 If the person is disqualified as per article 102, he / she shall vacate the seat.
 Resignation: To speaker in case of Lok Sabha and to Chairman in case of Rajya Sabha.
 Absence without permission: A seat can be declared vacant if a member absents himself from all
meetings of the house for a period of 60 days.
Disqualifications from being an MP
There are situations prescribed by the Constitution for Disqualification of the MPs. Article 102 of the Constitution lays
down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament –
 if he holds any office of profit under the Government of India or the Government of any State, other
than an office declared by Parliament by law not to disqualify its holder;
 if he is of unsound mind and stands so declared by a competent court;
 if he is an undischarged insolvent;
 if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any
acknowledgement of allegiance or adherence to a foreign State;
 if he is so disqualified by or under any law made by Parliament.
However, for the purpose of this clause a person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State by reason only that he/ she is a Minister either for the Union or
for such State.
Tenth Schedule & Disqualification
Apart from article 102, the Tenth Schedule to Constitution provides for disqualification of the members on ground of
defection. As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he/ she
 Voluntarily gives up the membership of his political party
 Votes or abstains from voting in the House contrary to any direction issued by the political party to
which he belongs, unless such voting or abstention has been condoned by the political party within
fifteen days.
 A member elected as an independent candidate shall be disqualified if he joins any political party after
his election.
Sessions of Parliament, prorogation and dissolution
The constitution of India has imposed the duty upon the President that he / she must summon each house at such
intervals that the maximum time gap between two sessions of the parliament is 6 months. So the parliament must meet
twice a year. Prorogation is end of a session. The time between the Prorogation and reassembly is called “Recess”.
Prorogation:
 The termination of a session of Rajya Sabha by an order made by the President under article 85(2) (a) of the
Constitution is called Prorogation. A prorogation puts an end to a session and not the Lok Sabha itself.
Dissolution:
 Dissolution may take place either by end of 5 year term of Lok Sabha or the end of term as extended by
emergency or by an order of President as mentioned in article 85 (2).
 A dissolution puts an end to the Lok Sabha and Fresh elections must be held.
Adjournment:
 Adjournment refers to postpones the further transaction of the business for specified time. Adjournment
terminates the sitting of the House which meets again at the time appointed for the next sitting.
Adjournment of Debate
 Adjournment of Debate refers to the adjournment on a motion adopted by the House, of the debate on a Motion
or Resolution or Bill on which the House is then engaged until a future day or sine die as specified in the
motion.
Adjournment sine die:
 Adjournment sine die refers to termination of a sitting of the House without any definite date being fixed for the
next sitting.
President’s Address:
 President's address is the speech delivered by the President of India to both Houses of Parliament assembled
together at the
1. Commencement of the first session after each general election to Lok Sabha
2. At the commencement of the first session of each year.
Please note that the original constitution provided for a president’s speech at the beginning of every session. This was
made first session after an election, and first session of a new year by Constitution 1st Amendment Act 1951.

Right of Ministers and AG to take part in proceedings
Article 88 says that every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to
take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which
he may be named a member, but shall not by virtue of this article be entitled to vote.
Officers of The Parliament
Articles 89 to 98 deal with the officers of the parliament. Notable points are here:
Chairman & Deputy Chairman of Rajya Sabha
 Vice President of India is the ex-officio chairman of Rajya Sabha.
 Rajya Sabha members only choose a Member of the Rajya Sabha as Deputy Chairman
 The Deputy Chairman will vacate office if he/ she cease to be member of Rajya Sabha.
 The Deputy Chairman of Rajya Sabha will resign by writing a resignation to Chairman
 The deputy chairman can be removed by majority of the Rajya Sabha members. A 14 days notice is required
to be given.
 If Vice President is not available, Deputy Chairman will discharge functions as Chairman of the Rajya Sabha.
 If Chairman is also not available, a member appointed by the President will discharge the function.
 The Chairman or Deputy Chairman will not preside while a resolution for his/ her removal from office is
under consideration.
 While a resolution for his/ her removal is under consideration, he / she shall be able to speak but not
eligible to cast the “Casting Vote”.
Speaker and Deputy Speaker of Lok Sabha
 Two members of Lok Sabha will be chosen as Speaker and Deputy Speaker.
 The Speaker shall vacate the office if he/ she cease to be a member of Lok Sabha.
 The Speaker will write resignation to Deputy Speaker and Deputy Speaker will resign to speaker.
 Can be removed by the Lok Sabha members by majority.
 After the Lok Sabha gets dissolved, the Speaker will not immediately vacate the office but will
continue till the first meeting after the next elections.
 If the Speaker is NOT present, his duty will be carried out by Deputy Speaker.
 If Deputy Speaker is also not present, a person appointed by President will discharge the duties.
 The speaker or Deputy speaker will not preside the house, while a resolution for his/ her removal from the
office is under consideration.
 While a resolution for his/ her removal is under consideration, he / she shall be able to speak but not
eligible to cast the “Casting Vote”.
 The salaries and allowances of the Chairman/ Deputy Chairman of the Rajya Sabha and Speaker / Deputy
Speaker will be decided as per the law by parliament.
 Each house of the parliament shall have a separate secretariat staff.
Please note these important facts about the Speaker:
 The speaker has duty to adjourn the house if there is NO quorum.
 The Speaker decides whether a bill is Money bill or NOT.
 The speaker presides over the joint sitting of the parliament summoned by the president to settle a
disagreement between the two houses on a bill.
 If the chairmen of the parliamentary are not Elected, the Speaker appoints the chairmen.
 The Secretary General of the Lok Sabha is appointed by the Speaker.
Secretary General of Lok Sabha:
 Secretary General is appointed by the Speaker of Lok Sabha.
 He is answerable to ONLY Speaker and his action cannot be criticized in or out of Lok Sabha.
 He remains in the office till age of 60 years (retirement).
 His functions are to provide a link between changing members and keeping the records.
 He summons the members to attend the session of parliament on behalf of President.
 He authenticates the bill in absence of Speaker.
Power, Privileges, Immunities of parliament and MPs
Excerpts from Article 105 and 106
 There is a freedom of speech in the parliament.
 Anything said by a member and any vote casted by a members can not be questioned in court.
 Other aspects, power privileges etc. are defined by the parliament.
 Salaries and allowances are defined by the parliament by Law.
Understanding the Government Business
Some Basic Terms
Government Business versus Private members Business
 The business of the parliament is divided into Government Business and Private Members’ Business.
 Government Business is arranged in such order as determined by the Chairman in consultation with the Leader
of the House. The Government Business for a whole week is announced in advance in the House by the Minister
for Parliamentary Affairs. The time to be allocated for various Government and Private business is
recommended by the Business Advisory Committee.
 Private Members’ Business is transacted during the last two and a half hours every Friday or such other day as
allotted.
 A private member means a member other than a Minister.
Closure
 Closure is one of the means by which a debate may be brought to a close by a majority decision of the House,
even though all Members wishing to speak have not done so.
Contempt of House
 Disobedience to the authority of the Houses of Parliament or any misconduct in the presence of the House or
any of its Committees by Members of
 Parliament or by members of the Public admitted to the galleries of the House or to sittings of Committees as
witnesses, constitutes contempt of the House. Acts like interrupting the proceedings of the House, refusal by a
witness to make an oath, giving false evidence, presenting false, forged or fabricated documents to either
House or its Committee, constitute contempt of the House.
Crossing the Floor
 Crossing the floor is the passing between the Member in possession of the House and the Chair. To cross the
floor is a breach of Parliamentary etiquette.
Bulletin
 Bulletin means the Bulletin of the House. It is published in two parts, Part I containing a brief record of the
proceedings of the House at each of its sittings; and Part II containing information on any matter relating to or
connected with the Business of the House or Committees or other matter which in the opinion of the Speaker
may be included therein.
Expunction
 Deletion of words, phrases or expressions from the proceedings or records of the House by an order of the
Speaker or from the proceedings or records of a Committee by an order of the Chairman of the Committee or
the Speaker as being defamatory or indecent or unparliamentary or undignified.

Guillotine
 Guillotine refers to putting by the Speaker of outstanding question or questions relating to the business in hand
on expiry of the time allotted for its discussion. Unlike closure, the guillotine to be applied is not preceded by
any motion. On the last of the allotted days at the appointed time, the Speaker puts every question necessary to
dispose of all the outstanding matters in connection with the demands for grants. The guillotine concludes the
discussion on demands for grants.
Leader of the House (Lok Sabha)
 The Prime Minister, if he is a Member of the House, or a Minister who is a member of the House and is
nominated by the Prime Minister to function as the Leader of the House.
Leader of the Council
 The Prime Minister, if he is a Member of the Council or a Minister who is a Member of the Council and is
nominated by the Prime Minister to function as the Leader of the Council.
Leader of Opposition
 A Member of the House who is for the time being the Leader in that House of the party in opposition to the
Government having the greatest numerical strength.
 When there are two or more parties in opposition to the Government, having the same numerical strength, the
Speaker shall, having regard to the status of parties recognise any one of the leaders of such parties as the
Leader of the Opposition and such recognition shall be final and conclusive.
Maiden Speech
 Maiden Speech is the first speech of a member elected for the first time in a new House. Such a member is, as a
matter of courtesy, called upon by the Speaker to make his maiden speech in preference to others rising to
speak at the same time.
 This privilege is, however, not extended by the Chair unless claimed within the term of the House to which the
member was first returned.
Member in charge of the Bill
 A member who has introduced the Bill and any Minister in the case of a Government Bill is called Member in
charge of the Bill.
Casting Vote
Casting Voted is cast by a Chairman of Rajya Sabha or Speaker of Lok Sabha in the case of an equality of votes on a
matter. The Speaker in giving his casting vote in Lok Sabha may state his / her reasons for taking the side in whose
favor he / she votes but he is not bound to give such reasons. Speaker almost always votes in such a way as to maintain
the status quo or to postpone the settlement of the question. The Speaker or Chairman cast the casting Vote as Powers
given by Constitution Article 100 (1).
Quorum
The minimum number of members required to be present at a sitting of the House or a Committee or valid transaction
of its business. The quorum to constitute a sitting of the House is one-tenth of the total number of members of the House,
for both Lok Sabha as well as Rajya Sabha.
If there is no quorum, it shall be the duty of the chairman or speaker to adjourn the house or suspend the meeting.
Dilatory motions:
 Dilatory motions refer to the motions that seek adjournment / delay / retard of the debate on Bills, motions or
resolutions etc.
The Business of Law Making
The primary function of our parliament is law making. There are other functions as well but if the parliament ceases to
be a law making body, it ceases to be a parliament in real sense. The following articles are related to the legislative
procedure in the constitution:
 Article 107: Provisions as to introductionFacebook
and passing Group:
of Bills. Indian Administrative Service ( Raz Kr)
 Article 108: Joint sitting of both Houses in certain cases.
 Article 109. Special procedure in respect of Money Bills.
 110. Definition of "Money Bills."
 111. Assent to Bills.
The first step in the legislation procedure is the introduction of a Bill which embodies the provisions of the proposed
law which is accompanied by “Statement of Objects and Reasons”. The bill may be an ordinary bill or a money bill.
Article 107 says that an ordinary bill can be introduced in any house of the parliament. A Money Bill can be introduced
in Lok Sabha only.
How an Ordinary Bill becomes an Act?
A Bill can be introduced either by a Minister or by a Private Member. If a bill is introduced by a Minister, it will be called
“Government Bill”. If a bill is introduced by a private member, it will be called a “Private Bill. Please note that if a
private member desires to introduce a bill, he/ she must give notice of his intention to the speaker. For every bill it is
necessary to ask for leave of the House to introduce a Bill. If leave is granted, the Bill may be introduced. After a Bill has
been introduced, it is published in the Gazette.
However, before introduction, a bill may be published in the Gazette with the permission of the Speaker of Lok Sabha,
Deputy Chairman of Rajya Sabha. No leave is required to introduce bill in such as case.
First Reading:
Generally, there is no debate on introduction of a bill. The person (Minister or MP) who is given a leave to introduce a
bill may present some broad idea to introduce the bill. This is called moving the bill or motion for introduction of the
bill. The moving of the ordinary bill can be opposed by the opposition. If the introduction of the bill is opposed, speaker
may allow one of the opposing members to cite the reasons. After that Speaker will put the question to vote. If the
House is in favor of Introduction of the Bill, then the Bill is introduced and passes for the next stage. . Please note that
the motion for introduction of a Finance Bill or an Appropriation Bill is not opposed. This introduction is called
“First Reading”.
Second Reading:
After introduction, the bill is open for 4 alternative courses of action in the second stage:
 It may be taken into consideration.
 It may be forwarded to a Select Committee of the House.
 It may be referred to a Joint Committee of both the houses i.e. Rajya Sabha and Lok Sabha.
 It may be circulated / put on website for purpose of eliciting the public opinion on it.
Please note that the last alternative is resorted only in a case when the proposed legislative measure may arouse a
public controversy. However, if a bill is of emergent nature, any of the upper 3 alternatives is taken.
The Select Committee or the Joint committee is expected to give its report in a stipulated time.
 The Select Committee or Joint Committee members are selected on the basis of expert knowledge.
 The Select Committee or Joint Committee members also include the Opposition Members.
 If it is a Joint Committee of the Both the Houses, the 2/3 members are from Lok Sabha and 1/3 are from the Rajya
Sabha.
 The report of this committee may be unanimous or majority opinion. If it is a Majority Opinion, the minority is
allowed to give the “Minutes of Dissent” in the report.
 The submission of the Report by the Select Committee or Joint Committee members is followed by a detailed
“Clause to Clause” discussion on the bill. Each Clause is taken up by the House and amendments are moved,
discussed and disposed off.
 This stage is very important. The amendments which are related and pertain to the bill are moved and the Bill goes
substantial changes in this stage. This is one of the most time consuming (of the house) stage of a legislative
procedure.
 A bill is considered “clause by clause” and when every clause is voted , this is called “Second Reading”.
 The above discussion makes it clear that the first two readings of the Bill actually refine the subject matter of the
bills.
Third Reading:
After the second Reading, the house is given sufficient time to study the clauses of the bill. After that the MP or Minister
who had moved this bill moves that “the bill is passed”. This is called Third Reading. Please note that most of the
amendments in the third reading are just formal and normally verbal in nature. The discussion is limited and quick. The
Bill is finally passed as a whole and this marks the work of one house coming to end. The bill is sent to another house.
 This means that after the third reading, the ordinary bill is sent for action from Lok Sabha to Rajya Sabha or
from Rajya Sabha to Lok Sabha.
The same three reading procedure is followed in second house of the parliament. In the second house, there are three
courses for the bill:
 It is passed as it was passed in the originating house.
 It is to be amended
 It is to be rejected.
In case the course is as per the course of action 2 & 3 given above, the bill is returned to the originating house.
 Please note that if the second house does not return it for 6 months to the originating house it is deemed to be
rejected.
 Once it is returned to the originating house, the amendments suggested by the other house are considered.
Here two options arise:
o The amendments are accepted. In this case, the originating house sends a message to the other house
that the amendments are accepted.
o The amendments are NOT accepted. In this case again the originating house sends a message to the
other house that the amendments are not accepted.
In the second option given above, means when both the houses are not in agreement, a joint sitting of
the two houses is called by the president.
Joint Sittings:
Joint Sitting of the houses is mentioned by Article 108. As per this article, a Joint sitting is notified by the President as
his/ her intention to summon the both the houses for the purpose of voting and deliberating on the bill in the following
situations:
 Bill has been passed by one House and transmitted to the other House and it is rejected by the other
House
 Both houses have finally disagreed as to the amendments to be made in the Bill
 More than 6 months elapse from the date of the reception of the Bill by the other House without the Bill
being passed by it.
 Please note that if there is a deadlock between the two houses on a Constitution amendment
Bill, there can not be a joint sitting.
Here please note that
 A bill pending in other house for more than 6 months is deemed to be rejected but does not
mean that a bill gets lapsed.
 The bill which gets lapses due to dissolution of the Lok Sabha, gets Lapses and in such case no joint
sitting is called.
Further course of action is as follows:
 In the joint sitting, the disputed provisions are either fully accepted or fully rejected.

 For this, a simple majority is required. This means that if more than half of the members of the both the
houses present at floor at that time if accept the disputed provisions, the provisions are accepted fully or
if reject, the provisions are rejected fully.
A bill that is passed by both the houses of the parliament goes to the speaker. The speaker signs it and now the bill is
sent to the president of assent. This is the last stage of a bill. If the president gives assent to the bill, it becomes a Law.
Once it is a law, it gets entered into the statue book.
However, as we studied, the President may take the following more courses of actions:
 The president returns the bill to the house. If the president returns the bill, the whole procedure is
opened again and it will take the same steps as mentioned above.
 The president withholds assent, this would mark the end of the bill.
The above mentioned procedure is for the ordinary bills.
The article 108 is related to the Joint sittings. Once again we look at the content of article 107 and 108 and note down
our important points:
 Except money bill and other financial bills, all ordinary bills can originate in either house of the parliament. (Article
107 (1))
 This means that Money Bill and other financial bills can originate only in Lok Sabha.
 The bill and amendments if any must be agreed by both the houses of the parliament to deem it to be a passed bill.
(108(2))
 If the house of prorogued (adjourned for a later time), the bill will not Lapse. 107(3)
 If the Bill is pending in Rajya Sabha and has NOT been passed by the Lok Sabha yet, shall NOT lapse if the Lok
Sabha gets dissolved. 107(4)
 If the bill is pending in Lok Sabha, or passed by Lok Sabha but pending in Rajya Sabha , shall lapse if the Lok Sabha
gets dissolved.
 A bill pending in other house for more than 6 months is deemed to be rejected but does not mean that a bill gets
lapsed. (108)
 The bill which gets lapses due to dissolution of the Lok Sabha, gets Lapses and in such case no joint sitting is called.
(108)
 Rajya Sabha can NOT reject the provisions of Money Bill or other finance bills.
Money Bills and Other Finance Bills
Money Bill v/s Finance Bill:
Before we proceed lets understand the difference between the Money Bill, Finance Bill and appropriation Bill. Article
109, 110, 111, 112, 113, 114, 115, 116, 117 deal with the Money Bill, Finance Bill and Appropriation Bills. A Money Bill
is defined by the Article 110 of the Constitution. A bill is considered as a Money bill if it contains only provisions
dealing with all or any of the following matters: (sub headings of Article 110)
1. Imposition, abolition, remission, alteration, regulation of any tax
2. The regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the
amendment of the law with respect to any financial obligations undertaken or to be undertaken by the
Government of India;
3. The custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the
withdrawal of moneys from any such Fund;
4. The appropriation of moneys out of the Consolidated Fund of India;
5. The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the
increasing of the amount of any such expenditure;
6. The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody
or issue of such money or the audit of the accounts of the Union or of a State; or
7. Any matter incidental to any of the matters specified in sub-clauses (a) to (f).
In simple words, any bill that deals in Money Matters is a Money bill. But when a bill shall not be deemed to be
a Money Bill by reason only that it provides for the imposition of fines or penalties or for the demand or
payment of fees for licenses or fees for service rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
So bill related to Local Money matters are NOT Money Bills.
A finance bill is also a Money Bill. The Finance bill is one of the documents presented with the budget or annual
Financial Statement as mandated in Article 110 (a). The main Budget documents are presented to the parliament
accordingly various articles of our constitution as follows:
 Annual Financial Statement (AFS) : As per Article 112
 Demand for Grants (DG) : As per Article 113
 Appropriation Bill: as per Article 114 (3)
 Finance Bill: As per article 110 (a)
 While presenting the Budget, the following are presented as mandated in Fiscal Responsibility and
Budget Management Act 2003.
 Memorandum Explaining the Provisions in the Finance Bill,
 Macro-economic framework for the relevant financial year
 Fiscal Policy Strategy Statement for the financial year
 Medium Term Fiscal Policy Statement
Appropriation Bill
Appropriation bill is defined as per the Article 114 of the Constitution of India. An appropriation bill or running bill is a
bill that is introduced in the parliament together with the budget seeking the approval and authorization to the
government spends money. It is a bill that sets money aside for specific spending. In most democracies, approval of the
legislature is necessary for the government to spend money. This is a permission to spend the amount from the
consolidated fund of India.
When the Budget is passed in the house, the appropriation becomes Appropriation Act. No money can be withdrawn
from the Consolidated Fund of India except under the charged money except supplementary, additional or excess
grants, Votes on account, votes of credit and exceptional grants.
Constitutional Provisions regarding Money Bills and Finance Bills
 Article 109 says that a Money Bill shall not be introduced in Rajya Sabha.
 As per Article 109(2), after a Money Bill has been passed by the Lok Sabha, it shall be transmitted to the Rajya
Sabha for its recommendations. The Rajya Sabha within a period of 14 days will return the bill to the Lok Sabha
with its recommendations. The Lok Sabha may or may not accept the recommendations of the Rajya Sabha. So
 Rajya Sabha generally cannot hold a money bill for more than 14 days. However, if the Rajya Sabha holds the bill for
more than 14 days, on the expiry of this period, the Bill is deemed Passed in Both Houses.
 Lok Sabha is NOT obliged to accept the recommendations of the Rajya Sabha as far as Money Bill is concerned.
 If the recommendations of Rajya Sabha are accepted, then the bill is deemed passed in both the houses the
amended form inculcating the recommendations of Rajya Sabha.
 If the recommendations of the Rajya Sabha are NOT accepted, then also the bill is deemed passed in the Lok Sabha
and will be sent to Rajya Sabha. If still Rajya Sabha does not pass it for 14 days, it will be automatically deemed
passed in Both the Houses of the Parliament.
 If there is a question, whether a Money Bill is Money Bill or not, the decision of the Speaker of Lok Sabha shall be
Final.
 Please note that when a Money Bill is sent to Rajya Sabha or President for assent, it has to have the certificate or
endorsement signed by the Speaker of the Lok Sabha that it is a Money Bill.
Procedure of Budget
Under Article 112 of the Indian Constitution, every year “the President of India shall cause to be laid before both the
houses of the parliament” the Annual Financial Statement. This is popularly called Budget. “cause to be laid” here
means that the person through whom President acts is Finance Minister of the country, who is custodian of the
nation’s Finances. The budget shows the estimated receipts and expenditure of the coming Financial Year.
The expenditure embodied in the Budget Documents are of two types:
 The sums required for charged expenditures. These are non-votable. This means that whether
parliament passes it or not, they have to be paid from the consolidated fund of India.
 The sums required for other expenditures as mentioned in the Budget Documents. These are votable.
This means that if the parliament does not pass the budget, the government will not only devoid of
withdrawing money from consolidated fund, but also will fall.
Non-Votable Charges:
Please note that the following include the charged Expenditures and are Non-votable means no voting takes place for
the amount involved in these expenditures for their withdrawal from Consolidated Fund of India.
 Salary and Allowances of the President
 Salary and Allowances of the Presiding officers of the houses of parliament i.e. speaker / deputy
speaker of the Lok Sabha and Chairman (Vice President) / Deputy Chairman of Rajya Sabha.
 Debt charges of Government of India.
 Salaries and allowances of the Judges of Supreme Court and High Courts.
 Pension of the retired Judges of the Supreme Court.
 Pension of the Retired judges of the High Courts.
 Salaries and allowances of the Comptroller and Auditor General of India.
 Any other expenditure as required by the Constitution or parliament.
The following charges are NOT withdrawn from Consolidated Fund of India:
 Remuneration of Attorney General or Solicitor General
 Salary of High Court Judges which is charged from Consolidated Fund of States.
The above expenditures cannot be voted because; these payments are “Guaranteed by the Constitution of India”.
Though, the discussion on these expenditures can take place in any house of the parliament. The demand for grant is
made on recommendation of the president. (Article 113)
Votable Charges
The Votable part is actual Budget. The expenditures in the Budget are in the forms of Demand for Grants. There Budget
also presents ways and means – how the government would be recovering the expenditures.
Generally, the demands for Grants of each and every ministry are made separately in the Budget documents and each
demand for grant has the provisions under its different heads.
General Discussion:
On a day subsequent to the presentation of the Budget, the House takes up the General Discussion of the Budget which
is called the first stage followed by second stage i.e. discussion and voting on Demands for Grants.
During the General Discussion on the Budget, the House is at liberty to discuss the Budget as a whole or any question of
principle. The scope of discussion at this stage is confined to the general examination of the Budget i.e. the proper
distribution of the items of expenditure according to the importance of a particular subject or service, the policy of
taxation as is expressed in the Budget and the speech of the Finance Minister.
Standing Committee Reports:
After the General Discussion on Budget in both the Houses is over and Vote on Account is passed, the House is
adjourned for a specified period. The Demands for Grants of each Ministry/Department will be examined by the
concerned Standing Committee having jurisdiction over it during the said recess period. The Committee gives separate
report for each Ministry. The Demands for Grants are discussed / considered in the House in the light of the reports of
the Standing Committee. The reports of the Standing Committees which are of persuasive value are nevertheless
treated as considered advice given by the Committee.
How members Prepare themselves for Discussions?
Before the discussion on the Demands for Grants is taken up copies of the Annual Reports on the working of the
Ministries and Outcome Budgets if any, as and when received from the Ministries are placed at the Publications Counter
for supply to members. Members can obtain the same from the Publications Counter of Lok Sabha. Copies of the reports
of the Standing Committees pertaining to Demands for Grants are also made available to members from the
Publications Counter after these are presented/laid on the Table of the House. These materials help the members to
study and get ready for the discussions.
Guillotine
The detailed discussions are followed by Guillotine. Guillotine refers to closure imposed on the debate. On the
last of the allotted days at the appointed time, the Speaker puts every question necessary to dispose of all the
outstanding matters in connection with the Demands for Grants.
 The Guillotine concludes the discussion on Demands for Grants.
Cut Motions
After the discussions are over, the members get an opportunity to move cut motions to reduce the amount of
demand. The members from particular parties or coalitions may bring their own cut. The members generally give
notice of the Cut Motions for the reduction of the votable heads of expenditure of the Demands for Grants immediately
after the Finance Minister or the Railway Minister as the case may be, has presented the Budget in the House.
Every Cut Motion to a demand for Grant represents disapproval of some aspect or other of the Budget or the economic
policy of the Government.
Accordingly Cut Motion is of three kinds:
• If the cut motion aims that the amount of the demand be reduced to Re. 1 it represents the complete
disapproval of policy underlying the Demand. This is because the motion aims to reduce the demand for
grant which is worth Crores of Rupees to Re. 1 only, which almost finishes the demand for grant of a ministry. This
is called “policy” cut.
• If the cut motion aims that the amount of demand be reduced to certain other amount, it represents
that the demand for grants should be altered. This is called “Economy Cut”.
• If the Cut Motion aims that the amount of the Demand be reduced by ` 100” in order to ventilate a
specific grievance, which is within the sphere of responsibility of the Government of India. This is
called "Token Cut".
Actually, Token cut represents not many changes in the Demand for Grants but is humiliating for the Government. To be
precise, all cut motions are humiliating for the ruling party or coalition. The Cut motions provide the members
maximum opportunity to examine every part of the budget and criticize the Government.
Mechanism and Fate of the Cut Motions:
As soon as the Demands of a particular Ministry are taken up in the House, the Chair calls upon the members present in
the House to hand over at the Table within fifteen minutes slips indicating the serial numbers of cut motions under the
respective Demands which they would like to move and states that only those cut motions will be treated as moved.
When the debate concludes the Speaker puts the question to the house. Those in favour of the Motion say "Aye" and
those who are against the motion say "No". This is followed by the then the Chair says ‘I think the Ayes (or the Noes, as
the case may be) have it’. If the opinion of the Chair as to the decision goes unchallenged, he says twice ‘The Ayes (or the
Noes, as the case may be) have it'; and the question before the House is determined accordingly.

The above process as we read in the newspapers as "Voice Vote". The opinion of the Chair should not be challenged. But
if any member challenges the opinion by exclaiming "The Noes (or Ayes) have it", the chair directs that Lobbies be
cleared. The division bell is rung and it means that a division (of votes) is to take place in Lok Sabha.
• The Bells may ring continuously which means that Division is to take place in Lok Sabha
• The Bells may ring intermittently which means that Division is to take place in Rajya Sabha.
Once the bells stop ringing, the outer doors are closed and staff is posted at the doors to prevent any entry or exit of the
members till the division is concluded.
This is followed by a Division of votes. One procedure is Push Button Voting. The push-button-set containing Light
Emitting Diode (LED) and four push buttons—a green button for ‘AYES’, a red button for ‘NOES’, a yellow button for
‘ABSTAIN’ and an amber button for ‘PRESENT'. The division takes place and votes are recorded. There are Results
Display Boards installed in the house which show the result.
• If, in a Division the number of Ayes and Noes is equal, the question is decided by the casting vote of the Chair.
• Casting Vote is cast by the Speaker of Lok Sabha and Deputy Chairman of the Rajya Sabha as the case may be.
What is opposition wins a Cut Motion?
The Cut Motions are mostly defeated because of the Number strength of the ruling party or coalition. As the cut motion
is a veto power given to the member of the Lok Sabha to oppose a demand in the financial bill discussed by the
government, it is seen as an effective tool to test the strength of the government. If a cut motion is adopted by the
House and the government does not have the numbers, it is obliged to resign. That is why, when cut motions are
moved, the Government starts trembling.
Finance Act and Appropriation Act:
Please note that Voting on demands does not conclude the formalities connected with provisions of funds to the
Government. Next come two financial legislations. One is Appropriation Act and another is Finance Act.
• Appropriation Act fixes the amount which can be drawn out of the Consolidated Fund of India for meeting the
expenditures for each grant.
• The Finance Act, deals with the legislation which authorizes the raising of Funds through taxation.
Vote on Account
The Budget is presented in the month of February, and it is not possible to vote the Demands for Grants before the 31st
March when the financial year ends. So in order to keep the Government functioning pending the voting of the final
supply and providing the House to have a fuller opportunity to discuss the Demands in detail, in March every year, the
House is asked to vote usually two months’ supply, i.e. approximately 1/6th of the total estimated expenditure under
various grants. This is called Vote on Account and is taken separately for Demands for Grants General and Railways.
Vote on Account is passed after general discussion on the Budget. Usually it is treated as a formal matter and is passed
without discussion. Vote on account is as per provisions of Article 116 of the Constitution.
Some Special Provisions:
• As per article 117 of the Constitution of India, A Finance Bill which seeks to make provisions for matters
specified in Article 110 (1) sub clause (a) to (f), can be moved only on the recommendation of the
President and it cannot be introduced in Rajya Sabha.
• If the bill has provisions other than article 110 (1) sub clause (a) to (f) can be introduced without
recommendation of the President but can be considered by the house only when President recommends
for the consideration.
• Any bill which if enacted would involve expenditure from the Consolidated Fund of India shall not be
passed by either House of Parliament unless the President has recommended to that House the
consideration of the Bill.
Finance Bills of First Class and Second Class:

 In the first category are Bills which inter alia contain provisions for any of the matters specified in sub-clauses
(a) to (f) of clause (1) of Article 110 of the Constitution. Such a Bill cannot be introduced except on the
recommendation of the President and a Bill making such provisions cannot be introduced in Rajya Sabha.
 In the second category of Financial Bills are those Bills containing inter alia provisions which if enacted and
brought into operation would involve expenditure from the Consolidated Fund of India, other than sub-clauses
(a) to (f) of clause (1) of Article 110 of the Constitution. Such Bills cannot be passed by either House of
Parliament unless the President has recommended to that House the consideration of the Bill.
Please note that the Finance Bill of Second Class has two features common with the Money Bill:
 It cannot be introduced in the Council of State.
 It cannot be introduced except on the recommendation of the President.
But the Rajya Sabha has power to reject or amend a Finance Bill of second class which means that they have provisions
other than the taxation matters.
Question Hour
Question Hour, is usually the first hour of every sitting of the house. Please note that for the purpose of answering
questions in the House, the Ministries/Departments of the Government of India have been divided into five groups
(A,B,C,D,E) and the Ministers concerned answer questions by rotation. Further, fixed days have been allotted to the
various groups of Ministries for answering questions in Lok Sabha. Questions relating to groups A, B, C, D and E always
come up for answer on Monday, Tuesday, Wednesday, Thursday and Friday respectively.
 If there is no sitting of the House on any of the above five days on account of a holiday, the questions pertaining to
the group of Ministries are not put down for answer during that week and are put next week only.
The members need to give notice of the question to the "Secretary General of Lok Sabha" in case of Lok Sabha.
It includes the text of the question, Official designation of the Minister and date on which answer is desired. If the
member asks more than 1 question, the order of preference has to be given.
Types of Questions:
 A question relating to a matter of public importance of an urgent character asked with notice shorter than ten clear
days is called a "Short Notice Question"
 A question to which a member wishes to have an oral answer on the floor of the House and which is distinguished
by an asterisk, is known as "Starred Question"
 A question placed on the List of Questions for written answer is called "Unstarred Question".
Types of Majority
Simple Majority:
Simple majority is also called Working Majority. This means more than 50% of the members “Present and Voting”.
The bills which require simple majority to get passed are as follows:
1. Confidence, No-confidence or censure Motions.
2. Money, Finance or ordinary Bill.
3. Budget
Absolute Majority:
Absolute majority is refers to more than 50% of the members “of the Total Strength of the House”.
Effective Majority:
This refers to more than 50% of the effective strength of the house and vacancies are NOT taken in account.
Special Majority:
This refers to 2/3rd of the member’s present and voting. The bills which require the Special Majority are :
 Constitution amendment bills
 Impeachment of the president
 Creation of all India services
 Resolutions for removal of the Judges of the Supreme Court and High Courts
 Chief Election Commissioner
 Comptroller and auditor general of India etc.
Parliamentary Committees
The committees of the parliament are considered to be a necessary adjunct of the work of the parliament as they make
the parliamentary work smooth, time saving and expeditious. They exercise effective control of the government
activities at a regular basis.
As per the “Rules of Procedure and Conduct of Business in the Lok Sabha” , there are 19 Standing parliamentary
Committees and 24 Departmentally Related Standing Committees.
Out of the 19 Standing Parliamentary Committees, 3 are Financial Committees viz. Committee or Public Accounts,
Committee on estimates and Committee on Public Undertakings.
• Some committees have members only from Lok Sabha while some have members from Both Rajya Sabha and Lok
Sabha.
The table on the following page summarizes the number of members in each of these 19 committees.
Name of Committee Number of Members
Financial Committees RS LS
1. Committee on Public Accounts 7 15
2. Committee on Estimates 0 30
3. Committee on Public Undertakings 5 17
Other Parliamentary Committees
4. Business Advisory Committee 0 15
5. Committee on Private Members Bill and Resolutions 0 15
6. Committee on Petitions 0 15
7. Committee on Privileges 0 15
8. Committee on Subordinate legislation 0 15
9. Committee on Government Assurances 0 15
10. Committee on Absence of Members from the Sittings of the House 0 15
11. Rules Committee 0 15
12. General Purpose Committee Number not fixed
13. House Committee 0 12
14. Library Committee 3 6
15. Joint Committee on Salaries and Allowances of the MPs 5 10
16. Joint Committees on Offices of Profit 5 10
17. Committee on Welfare of Scheduled castes and Scheduled Tribes 10 20
18. Committee on papers laid on Table 0 15
19. Committee on empowerment of Women 10 20
The 24 Departmentally related committees have 31 Members each and each of them includes 10 Members of Rajya
Sabha.
Important Points on these committees are noted as follows:
Committee on Public Accounts:
Public Accounts Committee examines the manners and results of spending the public funds. It examines the
accounts showing appropriation of the funds granted by the parliament to various ministries and ensures that the
money was used for the purpose for which it was sanctioned.
 The Comptroller & Auditor General of India supports this committee.
 Apart from the Reports of Comptroller and Auditor General of India on Appropriation Accounts of the Union
Government, the Committee examines the various Audit Reports of the Comptroller and Auditor General on
revenue receipts, expenditure by various Ministries/Departments of Government and accounts of autonomous
bodies.
 This committee overseas the regularization of the excess in the manner envisaged in Article 115 of the Constitution.
 It has 22 members comprising 15 Members of Lok Sabha elected by Lok Sabha from amongst its members
according to the principle of proportional representation by means of the single transferable vote for a term not

exceeding one year and not more than seven members of Rajya Sabha to be nominated by the House for being
associated with the Committee.
 Chairman of this committee is appointed by Speaker amongst the Members from Lok Sabha. A Minister is not
eligible to be elected as a member of the Committee, and if a member after his election to the Committee is
appointed to hold such an office he ceases to be member of the Committee from the date of such appointment.
 Please note that for the first time, Public Accounts Committee was set up by the central legislative Assembly
in 1923.
Estimates Committee:
 The difference between the Estimates committee and public Accounts committee is that Estimates committee
scrutinizes the Estimates while the Public Accounts Committee scrutinizes the appropriation and manner of
spending.
Estimates Committee 's functions are
 To examine the annual estimates and suggest the alternative policies to the Government to
ensure the efficiency and economy in administration.
 To report what economies, improvements in organization, efficiency or administrative reform,
consistent with the policy underlying the estimates, may be effected.
 To report whether the money laid down in estimates is well within the limits of the policy
implied.
 This Committee has 30 members elected annually by the Lok Sabha from amongst its members according to
the principle of proportional representation by means of the single transferable vote.
 Chairman of the Committee is appointed by the Speaker.
 A Minister cannot be member of this committee and if the member is appointed as Minister, he/ she shall
cease to be a member of this committee.
Committee on Public Undertakings:
 Committee on Public Undertakings was for the first time in November 1963 by a resolution of Lok Sabha and at
that time it was having 15 members viz. 10 from Lok Sabha and 5 from Rajya Sabha.
 Now it has not more than 22 members out of whom 15 members are elected by Lok Sabha from amongst its
members according to the principle of proportional representation by means of single transferable vote and not
more than 7 members from Rajya Sabha to be nominated by that House.
 The term of office of members is 1 year.
 Chairman is appointed by Speaker.
 Minister is not eligible to become a member and if a member is appointed Minister, he / she shall cease to be a
member on such appointment.
 This committee examines the reports and accounts of the Public Undertakings and reports of the Comptroller and
Auditor General thereon, if any.
 This committee oversees whether in the context of their autonomy and efficiency, the affairs of the Public
Undertakings are being managed in accordance with sound business principles and prudent commercial practices.
The companies include all the Government Companies whose Annual Reports are placed before the Houses of
Parliament under section 619A (1) of the Companies Act, 1956 and statutory Corporations whose names have been
specified in the Fourth Schedule to the Rules of Procedure come within the purview of the Committee.
Business Advisory Committee:
The Business Advisory Committee is constituted at the commencement of new Lok Sabha after the general elections
and thereafter from time to time under the provisions of Rules of Lok Sabha. No specific term of its office is laid down in
the rules but like other parliamentary committees, it holds office until a new committee is nominated by the Speaker. In
practice, however, the Committee is usually reconstituted every year and assumes office in the first week of June. It
consists of 15 members including the Speaker who is the ex-officio Chairman of the Committee. The members of the
Committee are nominated by the Speaker.
 The function of the Committee is to recommend the time that should be allocated for the discussion of the stage
or stages of Government Bills and other business as the Speaker, in consultation with the Leader of the House,
may direct for being referred to the Committee. The committee plans and regulates the Business of the house
and renders advice regarding the allocation of time on various discussions.
Committee on Petitions:
Committee on Petitions consists of 15 members nominated by the Speaker. A Minister is not nominated a member of
the Committee and if a member after his nomination to the Committee is appointed to such an office, he ceases to be a
member of the Committee.
 The Chairman of the Committee is appointed by the Speaker from amongst the members of the Committee.
Normally the Committee is reconstituted every year. Major function is to examine every petition referred to it and if the
petition complies with the rules to direct that it be circulated.
Committee of Privileges:
The Committee of Privileges consists of 15 members nominated by the Speaker. The Chairman of the Committee is
appointed by the Speaker from amongst the members of the Committee. The committee examines the cases regarding
the violation of privileges of the members of parliament and also recommends appropriate action.
 After March 1986, when Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985, became
effective, the Speaker may refer to the Committee any petition regarding disqualification of a member on
ground of defection for making a preliminary inquiry and submitting a report to him. The procedure to be
followed by the Committee in these cases is so far as may be the same as is applicable to questions of breach of
privilege.
Committee on Subordinate Legislation:
 The major function of this committee is to examine the rules and regulations enacted by the executive to fill the
gaps in the laws enacted by the parliament and report how far these rules are within limits prescribed in the
main law.
Committee on Government Assurances:
 Committee on Government Assurances scrutinizes the assurances, promises, undertakings, etc., given by
Minister on the floor of the House from time to time during the Question Hour as also during the discussion on
Bills, resolutions, motions etc., and to report to the House, the extent to which such assurances, promises or
undertakings, etc., have been implemented and where implemented whether such implementation has taken
place within the minimum time necessary for the purpose.
Committee on Absence of Members from the Sittings of the House:
 Committee on Absence of Members from the Sittings of the House examines the leave applications of the
members. It also examines if any member is absent from the house without permission for more than 6
months.
Rules Committee:
 Rules committee considers the matters of procedure and conduct of business in the House and recommends
any amendments or additions to the rules that may be deemed necessary.
General Purposes Committee:
 This committee consists of Speaker, Deputy Speaker, Members of the Panel of Chairmen, Chairmen of all
Standing Parliamentary Committees of Lok Sabha, Leaders of recognized parties and groups in Lok Sabha and
such other Members as may be nominated by the Speaker. The Speaker is the ex-officio Chairman of the
Committee. This committee considers and advises on such matters concerning the affairs of the House as may
be referred to it by the Speaker from time to time.
House Committee: Facebook Group: Indian Administrative Service ( Raz Kr)
 House Committee deals with all questions relating to residential accommodation for members of Lok Sabha
and exercises supervision over facilities for accommodation, food, medical aid and other amenities accorded to
members in members’ residences and hostels in Delhi.
Library Committee:
 Library Committee considers and advises on such matters concerning the Parliament Library.
Joint Committee on Salaries and Allowances of Members of Parliament:
 As per the provisions of Salary, Allowances and Pension of Members of Parliament Act, 1954 a Joint Committee
of both Houses of Parliament consisting of five members from the Rajya Sabha nominated by the Chairman and
ten members from the Lok Sabha nominated by the Speaker is constituted. It is empowered to frame the rules
for regulating the salaries and amenities such as housing, Telephone, Postal, Secretarial and medical facilities.
Joint Committee on Offices of Profit:
 The Joint Committee on Offices of Profit is constituted in pursuance of a Government motion adopted by Lok
Sabha and concurred in by Rajya Sabha for the duration of Lok Sabha. It examines the composition of the
various committees and bodies constituted by the Union and State Governments and recommends whether the
persons holding these offices and reports whether the persons holding these offices should be disqualified
from being elected as MPs or not.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
 This 30 member committee examines the report of the National Commission for the Scheduled Castes and the
National Commission for the Scheduled Tribes under Articles 338 (5)(d) and 338A(5) (d), respectively of the
Constitution and to report as to the measures that should be taken by the Union Government in respect of
matters within the purview of the Union Government including the Administrations of the Union Territories.
Committee on Papers Laid on the Table:
 This committee examines all papers laid on the Table by Ministers and to report to the House as to whether
there has been compliance of the provisions of the Constitution, Act, rule, etc. under which the paper has been
laid; and whether there has been any unreasonable delay in laying the paper.
Committee on Empowerment of Women
 Committee on Empowerment of Women considers the Reports submitted by the National Commission for
Women and report on the measures that should be taken by the Union Government for improving the
status/conditions of women in respect of matters within the purview of the Union Government.
Departmentally Related Standing Committees (DRSCs)
 17 Departmentally Related Standing Committees (DRSCs) were constituted on 29th March, 1993 covering all
Government Ministries/Departments. These DRSCs replaced the earlier three subject Committees constituted
in August, 1989. The 17 DRSCs were formally constituted with effect from 8th April, 1993. At present there are
24 Departmentally Related Standing Committees (DRSCs).
Delimitation
Definition of Delimitation
Delimitation means the drawing of boundaries. The boundaries may be domestic, national and International, but the
most general use of this term is in context with electoral boundaries. Article 82 (Readjustment after each census)
makes provision for delimitation of the electoral boundaries. It is the process of allocation of number of Seats and
their demarcation into territories.
 Under Article 82, the Parliament by law enacts a Delimitation Act after every census. After coming into force
commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation
Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the
Delimitation Act.
 Delimitation commissions have been set up four times in the past viz. 1952, 1963, 1973 and 2002 under
Delimitation Commission acts of 1952, 1962, Facebook Group: Indian Administrative Service ( Raz Kr)
1972 and 2002.
Purpose of Delimitation
In India, the main basis for allocation of seats to various States in the Lok Sabha is Population of the state. The division
of each state into the territorial constituencies is to be readjusted after the completion of a census so that the
Population-Seat ratio is maintained within the state and throughout the Union. So the purpose is the Rationalization
of the structure and composition of the electoral constituencies, on the principle of “ One vote and one value”.
First Delimitation Commission
When the constitution came in existence, it had fixed the number of Seats to Lok Sabha as not more than 500. For the
First General Elections for Lok Sabha as well as legislative Assemblies for 1951-52, the Election Commission had
divided the entire country into viable territorial divisions of parliamentary / assembly Constituencies. However, after
that this task was given to the Independent Delimitation Commission.
 Accordingly, separate delimitation commissions were set up in 1952 (basis of 1951 census), 1962 (basis of
1961 census), 1972 (basis of 1971 census).
Ban on Delimitation
 The 42nd Amendment Act 1976 had put a ban on any further delimitation of the Constituencies till the year
2000. So after the 42nd amendment act 1976, the total number of seats in Lok Sabha and Rajya Sabha has
remained the same.
 This ban was imposed mostly on the account of the fear that a few states to get more seats in the Lok Sabha on
the basis of a large population may not take much interest in the family planning. So, indirectly this was
done so that states may not be biased towards the family planning measures.
Delimitation and 84th Amendment Act 2002
 The 84th Amendment Act 2002 extended the freeze till the year 2026. This was based upon the calculations of
the population planners that by 2026 India will be able to stabilize the population.
 So next allocation of seats would be carried out on the basis of the Census after 2026 and the number of seats
will not change by then.
 By enacting the 84th amendment Act,2002, it was also decided to undertake readjustment and
rationalization of territorial constituencies in the States, without altering the number of seats allotted
to each State in the House of the People and Legislative Assemblies of the States, including the Scheduled
Castes and the Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the
year 1991, so as to remove the imbalance caused due to uneven growth of population/electorate in different
constituencies.
So 84th amendment Act did two things:
1. Freeze the fresh delimitation till 2026
2. Allowed to readjust the seats.
The year 1991 was later altered to 2001 by 87th amendment act 2003.
Delimitation Act 2002
In pursuant with the 84th Amendment Act 2002, the Delimitation Act 2002 was passed. Under this act Delimitation
Commission was constituted in July 2002. The Chairman of this commission was Justice Kuldeep Singh.
Justice Kuldeep Singh was a retired Judge of the Supreme Court of India. The Ex-officio members of this Commission
were an election commissioner of India and state election commissioners. So this commission started working on the
basis of 1991 census data. But later in 2003, the word “1991” in the article 82 of the constitution was removed and
replaced by 2001. This means that the work done till then by the commission became obsolete. The commission later
restarted the work as it was now entrusted with the task of readjusting all parliamentary and assembly constituencies
in the country in all the states of India, except the state of Jammu and Kashmir, on the basis of population
ascertained in 2001 Census.

Later, The Guwahati High court stayed the delimitation exercise in respect of the Arunachal Pradesh, Assam, Nagaland,
Manipur (5 states) on the basis of the disputes in the census Figures. In Manipur the work of delimitation was later
resumed after Supreme Court stayed on the order of the Guwahati High Court.
Current Position of Delimitation
In the 2009 general elections, 499 out of the total 543 Parliamentary constituencies were newly delimited
constituencies. This affected the National Capital Region of Delhi, the Union Territory of Puducherry and all the states
except Arunachal Pradesh, Assam, Jammu & Kashmir, Jharkhand, Manipur and Nagaland. Many instances, a
constituency with the same name may reflect a significantly different population demographic as well as a slightly
altered geographical region.
Reserved Seats for SC & ST in Lok Sabha
The 84th amendment Act 2002 also provided to refix the number of seats reserved for the Scheduled Castes and the
Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population
ascertained at the census for the year 1991. 1991 was replaced by 87th amendment Act 2003 by 2001. So, following
was impact on the Number of Seats Reserved:
 Total 11 seats were affected.
 The seats reserved for SC went up from 79 to 84.
 The seats reserved for ST went up from 41 to 47.
 The total Reserved Seats went up from 120 to 131.
 The unreserved seats came down from 423 to 412.
 Total seats remained unaffected.

Target 2013 Module – SGS-6 1
Part V, VI & VIII of the Constitution
Part V: Union Judiciary & State Judiciary 30. What are Judicial Powers of the Governor?
1. What are Functions of Supreme Court of India? 31. What are other Administrative Powers of the Governor?
2. Constitutional Provisions regarding Union Judiciary 32. What are the Ordinance making powers of the Governor?
3. What is maximum Strength of the Supreme Court of India? 33. What are the discretionary Powers of the Governor?
4. How the Judges of Supreme Court Appointed? 34. Comparison of India’s President and Governor of an Indian State
5. Retirement Age of the Supreme Court and High Court Judges Council of Ministers in States
6. How the Judges of Supreme Court Removed? 35. Constitutional Provisions regarding Council of Ministers in States
7. What is the salary of the Supreme Court Judges? Advocate General in State
8. What are Ad Hoc Judges? 36. Constitutional Provisions regarding Advocate General
9. What is Original Jurisdiction of the Supreme Court? Legislative Council
10. What is Appellate Jurisdiction of the Supreme Court? 37. Who decides whether the state should be unicameral or
11. What is Advisory Jurisdiction of the Supreme Court? bicameral?
12. Can Supreme Court overrule its own verdicts? 38. Who can abolish a legislative council?
13. What is Curative Petition? 39. How many states of India have Legislative Councils?
14. What is judicial review? 40. What is the Strength of the Legislative Council?
15. What is Judicial Activism? 41. Who are the Representatives in the Legislative Council?
Part VI: Judiciary in Indian States: The High Courts 42. Eligibility to become a Member of Legislative Council (MLC)
16. High Courts in India v/s High Courts in United States 43. Duration of Legislative Councils
17. Appointment of the Judges of High Courts Legislative Assembly
18. Removal of the Judge of a High Court 44. Eligibility to become a MLA
19. Impeachment Process of a Judge of higher judiciary in India 45. Disqualification of MLA
20. Impeachment of Justice Ramaswami 46. Presiding Officer of Legislative Assembly
21. Impeachment of Justice Soumitra Sen 47. Legislative Process in states
22. Jurisdiction of the High Courts 48. Bill, State Legislature and President
Part VI: Governance Machinery in States 49. Law making Powers of the State Legislatures
Governor of an Indian State Part VIII: Union Territories
23. Constitutional Provisions regarding Governor 50. Constitutional Provisions in context with Union Territories
24. Why the Governor is appointed and NOT elected? 51. Administration of the Union Territories (Article 239)
25. Governor in Indian States: American Model or Canadian Model? 52. Power of Parliament to create local legislatures (Article 239A)
26. What is Salary of the Governor? 53. Special Provisions with respect to Delhi (Article 239AA)
27. What are Executive Powers of the Governor? 54. Struggle of Delhi for Full Statehood
28. What are Legislative Powers of the Governor? 55. High Courts for Union Territories (Article 241)
29. What are Financial Powers of the Governor?
Union Judiciary & State Judiciary

What are Functions of Supreme Court of India?
The Constitution Article 124 (1) says that “there shall be a supreme court of India”.
Supreme Court as Highest Interpreter of Constitution
India is a Union of States and there is a division of power between the State Governments and the Central Government.
This division is in written words and expressed in the Constitution. Language is apt to be ambiguous and it is possible
that its meaning may not be taken same by all at all times. Thus, it is certain that there might be some disputes between
the States and the Central Government regarding the division of power and other matters which need to be settled. So
the need for an impartial and independent judiciary body is fulfilled by the Supreme Court which is the Highest
Interpreter of the Constitution and tribunal for final settlements of the disputes between:
Center and States
States and States
Thus, settling the disputes is the main function of Supreme Court of India.
Supreme Court as Protector of the Fundamental Rights
 The other equally important function of the Supreme Court is to protect the fundamental rights embodied in
the Constitution of India. Article 32 (Right to Constitutional Remedies) makes the Supreme Court the
protector of the fundamental rights.
 Supreme Court has from time to time interpreted the fundamental rights and has protected the Citizens of
India from any unconstitutional legislation which breech their fundamental rights.
Supreme Court is the Supreme Appellate Court in India
 The Judiciary Hierarchy in India has the Civil Judges at the bottom, followed by session courts, District Courts,
High Courts and Supreme Court. The Supreme Court is the all India supreme appellate authority for civil as
well as Criminal Jurisdictions.
 As the supreme appellate court, Supreme Court not only reviews the constitution but also the laws enacted by
the parliament and various state legislatures. So, being the Supreme Appellate Court is the third most
important function of the Supreme Court of India.
Advisory Jurisdiction of Supreme Court
 Supreme Court gives advice to the President of India when he refers the court for matters of public importance.
So advising the President of India on the matters referred by the President is the fourth most important
function of the Supreme Court of India.
 In a nutshell, Honorable Supreme court of India stands at the apex of the single, integrated Judicial system
which has become the “essential part” of the Indian Federation "to maintain the unity" of the country. The
Original and Exclusive Jurisdiction of the court lies in the disputes between Union Government and one or
more states and in disputes between two or more states. It has Appellate jurisdiction in any case whether Civil
or Criminal that involves by its own certification a substantial question of law in the meaning and intent of the
Constitution. The Honourable Supreme Court is the interpreter and Guardian of the Constitution, the Supreme
law of the land.
Comparing Supreme Courts of Independent India and British India
 The Supreme Court of India came into being on 28 January 1950; two days after India became a sovereign
democratic republic. Though, the Government of India Act 1935 had provisions of establishment of a Federal
Court, yet it was not the ultimate Judicial Authority of the country because appeals could go to Privy Council in
London.
 The Supreme Court of India has no such limitation. It stands at the apex of the Indian Judicial hierarchy.
Comparing Supreme Courts of India and England
 In Britain, no court is empowered enough to hold an act of parliament invalid, but in India all the legislations
passed in the Union legislature and State legislatures must be in conformity with the Constitution of India and
Constitutionality of any act is determined in India by the Judicial Review of the Supreme Court.
 This is the major difference between the India and UK supreme courts. Example of this Judicial Review could be
seen in 1975, when Supreme Court struck down the provisions of 39th amendment act on the account of
violation of the "Basic structure" of the Constitution.
Comparing Supreme Courts of India and United States
 In US also the Supreme Court is the Final Interpreter of the Constitution but in comparison to Supreme Court of
US, Indian Supreme Court has more powers and a wider jurisdiction. The US Supreme Court only hears the
Federal features and Constitutional Validity of the laws and treaties but Supreme Court of India has much more
than that. The Indian Supreme court has been given "Infinite Powers" to grant leave to appeal in any matter
from a decision of any other court or tribunal of the land and US Supreme court does not have such supreme
powers. In India, the parliament by legislation can enlarge the jurisdiction of the Supreme Court while in US the
Jurisdiction is limited as conferred by the Constitution.
 Indian Supreme court when started had 8 Judges and the strength of the Judges has increased of the period of
time and now it stands at 31 Judges (Including Chief Justice). In United States, Judiciary Act of 1789 called for
the appointment of six justices, which was expanded to seven members in 1807, nine in 1837 and ten in 1863.
From 1863 till date it has only 10 judges.
 In India, One of the important functions of the Supreme Court is "Advisory Jurisdiction" where the court can
give opinion on the matters referred by the President. In US there is no advisory jurisdiction.
Constitutional Provisions regarding Union Judiciary
Articles 124 to 147 of the Constitution of India have the provisions for the Supreme Court. The subject matters of the
articles (other than repealed) are listed as follows:
 124. Establishment and Constitution of Supreme Court.
 125. Salaries, etc., of Judges.
 126. Appointment of acting Chief Justice.
 127. Appointment of ad hoc Judges.
 128. Attendance of retired Judges at sittings of the Supreme Court.
 129. Supreme Court to be a court of record.
 130. Seat of Supreme Court.
 131. Original jurisdiction of the Supreme Court.
 132. Appellate jurisdiction of Supreme Court in Appeals from High Courts in certain cases.
 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.
 134. Appellate of jurisdiction of Supreme Court in regard to criminal matters.
 134A. Certificate for appeal to the Supreme Court.
 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme
Court.
 136. Special leave to appeal by the Supreme Court.
 137. Review of judgments or orders by the Supreme Court.
 138. Enlargement of the jurisdiction of the Supreme Court.
 139. Conferment on the Supreme Court of powers to issue certain writs.
 139A. Transfer of certain cases.
 140. Ancillary powers of Supreme Court.
 141. Law declared by Supreme Court to be binding on all courts.
 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
 143. Power of President to consult Supreme Court.
 144. Civil and judicial authorities to act in aid of the Supreme Court.
 145. Rules of Court, etc.
 146. Officers and servants and the expenses of the Supreme Court.
 147. Interpretation.
What is maximum Strength of the Supreme Court of India?
Article 124 in the original Constitution said that there shall be a supreme court consisting of a Chief Justice and not
more than 7 Judges until the parliament by law prescribes a larger number of the Judges.
 Parliament by law can alter the number of Judges.
 By a parliament enactment the number was increased to 11 in 1960. It was raised to 14 in 1968, 18 in 1978
and 26 in 1986. After that it was raised to 26. In February 2009 the strength of the Supreme Court was raised
from 26 to 31.
 31 means that can be the maximum number of the Judges including the Chief Justice. It does not mean that at
any time there should be 31 judges in place.
How the Judges of Supreme Court Appointed?
Every Judge of the Supreme Court is appointed by the President by warrant under his hand and seal after consultation
with the Judges of the Supreme Court and High Courts in states, the president may deem necessary for the purpose.
 President if thinks necessary, can consult the Judges of the High Courts of States to appoint a supreme court Judge,
as per article 124(2).
 However, in appointment of the other judges, president shall always seek consultation from the Chief Justice of
India.
How much relevant is the advice of CJI?
In the Supreme Court Advocates on-Record Association v/s Union of India (1993) Case, Supreme Court held that as far
appointment of judges of Supreme Court and High Courts is concerned, the President shall act in accordance with the
opinion of the Chief Justice of India, who will in turn give advice after consulting his colleagues.
This was a change in the procedure of selection. Up till 1993, the Judges of the Supreme Court were appointed by the
President on recommendation of the CJI, but now a committee of 5 senior most judges recommends the names to the law
ministry which after scrutinizing send the paper to the president. The president either approves the names or returns the
names for reconsideration of the Supreme Court. If still the Supreme Court sends the same names president appoints the
persons recommended.
Qualifications of the Judges of the Supreme Court
The qualifications are as follows: To be appointed a Judge of the Supreme Court, a person must be
• A Citizen of India
• Must have been the judge of a High Court / more High Courts for a period of 5 years or an advocate of
the High Court for at least 10 years or in view of the President a distinct Jurist of the country.
So, we can see that there is nothing which can prevent the direct appointment of the Judges of Supreme Court from the
Bar, yet, so far the appointments have been made from the Judges of High Courts.
Tenure of the Judges
The CJI and other Judges of the Supreme Court of India hold the office until they attain the age of 65 years.
• A Judge can relinquish the office by addressing the resignation to President of India.
• A retired Judge of the Supreme Court is prohibited from practicing law before any court or authority within the
territory of India, however, there is NO constitutional prohibition that a retired judge gets appointed for some
specialized work of the Government.
Retirement Age of the Supreme Court and High Court Judges

Presently, Supreme Court judges retire at 65 and High Court judges at 62. Please note that the Constitution (114th Amendment) Bill 2010 seeks to raise
the retirement age of only the High Court judges from 62 to 65, which was tabled in Parliament in December 2011 but not as yet passed. Enhancing the
retirement age of the High Court judges to 65 will have many advantages. One factor deterring a competent lawyer from accepting judgeship is the
retiring age at 62. Increasing it to to 65 may induce competent lawyers to seek appointment as judges of the High Court. Secondly, with a larger tenure,
judges may acquire more maturity, learning and experience so necessary for a judge. Thirdly, with retirement at 65, a judge may be less anxious about
looking for employment after retirement, by way of an appointment to a Tribunal or Commission by governments. Fourthly, today the Chief Justices and
most senior judges of the High Courts, nearing their retirement at 62, sometimes aspire unbecomingly to being selected judges of the Supreme Court
not only for the prestige of the post but also to obtain another three-year stint in the Supreme Court. If the retirement age is increased to 65 on a par
with that of Supreme Court judges, senior judges may be content with remaining in their own High Court rather than seek an additional three-year stint,
in the Supreme Court. The history of enacting laws on the retirement age of High Court judges makes strange reading. The Constitution makers fixed it
at 60 following the Government of India Act, 1935. At the time of making the Constitution, it was suggested that the age be increased but eminent
parliamentarians like T.T. Krishnamachary and K.M. Munshi strongly resisted this. They said most High Court judges became unfit for active work after
60. They believed that only rarely judges beyond 60 remained competent and these few judges would have the opportunity to be appointed to the
Supreme Court or as ad hoc judges in the High Court under another provision of the Constitution. With no logic, the Constitution-makers had a poor
notion of the fitness of High Court judges after 60, but a higher notion of the competence of Supreme Court judges after 60, for whom they prescribed
retirement at 65. In 1962, the Constitution was amended to raise the retirement age of High Court judges only, to 62. (The Hindu)
How the Judges of Supreme Court Removed?

• They can be removed from the office before the age of the retirement by President of India on the basis of a
resolution passed by both the houses of the parliament on the grounds of proved misbehaviour or incapacity.
• In India, a Judge of the Supreme Court (and also High Court) can be removed from his position only on the ground
of proved misbehaviour or incapacity. The power for investigation and proof of such misbehaviour or incapacity is
vested in the parliament.
• Each house, in order to remove the judge, will have to pass a resolution which is supported by 2/3rd of members
present and voting and majority of the total membership of the house.
What is the salary of the Supreme Court Judges?
The Salaries and Allowances of the Judges of the Supreme Court are mentioned in the Second Schedule of the
constitution in part D. However as per the latest enactment of the 'The High Court and Supreme Court Judges
Amendment (Salaries and Conditions of Service) Bill 2008" , which was passed in 2009, the salary of the Judges and
Chief Justice is as follows:
• Chief Justice : ` 1 Lakh
• Other Judges : ` 90,000
In case of High Courts this is as follows:
• Chief Justice : ` 90,000
• Other Judges : ` 80,000
This was a 3 fold hike in the salary. The revision was made as the 6th pay commission had hiked the salary and
allowances of the Civil Servants.
• The salary and pension of Supreme Court Judges is a Non-votable expenditure charged from the Consolidated
Fund of India.
• The Salary of the High Court Judges is charged from the Consolidated Fund of States while the pension of the
High Court Judges is charged from the consolidated fund India.
Who acts as CJI in his / her absence?
Any other Judge of the Supreme Court is appointed by the President as Acting Chief justice as per provisions of Article
126.
What are Ad Hoc Judges?
• Ad hoc judges can be appointed in the Supreme Court by “Chief Justice of India” with the prior consent of the
President, if there is no quorum of judges available to hold and continue the session of the court. Only the
persons who are qualified as to be appointed as Judge of the Supreme Court can be appointed as ad hoc judge
of the Supreme Court. (Article 127)
• Further, as per provisions of the Article 128, Chief Justice of India, with the previous consent of the President,
request a retired Judge of the Supreme Court High Court, who is duly qualified for appointment as a Judge of
the Supreme Court, to sit and act as a Judge of the Supreme Court. The salary & allowance of such judge are
decided by the president.
• The retired Judge who sits in such a session of the Supreme Court has all the jurisdiction, powers and privileges
of the Judges BUT are NOT deemed to be a Judge.
Supreme Court and High Courts as Court of Record
• Both the Supreme Court and High Courts regarded as courts of record.
• Supreme Court is a court of record as per provisions of Article 129 and has the powers of such a court including
the power to punish for contempt of itself.
Seat of Supreme Court
As per article 130, Seat of the Supreme Court is Delhi, but it can hold its meeting anywhere in India. The decision to
hold a meeting anywhere in India is taken by the Chief Justice of India in consultation with President. There are no
regional benches though the demand was made in past. The demand was turned down by the Supreme Court.
What is Original Jurisdiction of the Supreme Court?
Original Jurisdiction of the Supreme Court is discussed in Article 131. The Supreme Court has original Jurisdiction in
any dispute that arises between
• Government of India and one or more states
• Government of India and State(s) on one side and State(s) in other side
• State(s) and State(s)
The dispute should involve a question whether of law or fact on which depends existence of a legal right which the
court is called upon to determine.
 Please note that dispute regarding the enforcement of Fundamental Rights also comes under the Original
Jurisdiction of the Supreme Court.
What is Appellate Jurisdiction of the Supreme Court?
The appellate Jurisdiction of the Supreme Court has been discussed in articles 132-136. The Supreme Court is the
Highest Court of appeal and the writs and decrees of Supreme Court run throughout the country.
 The cases come to the Supreme Court in the form of appeals against the judgments of the lower courts and this
is called appellate jurisdiction.
 Appellate jurisdiction involves the Constitution, Civil and criminal matters.
An appeal can be made in the Supreme Court against any judgment, decree or final order of the High Court in the
territory of India, whether in a civil criminal or other proceedings, if the High Court Certified that the case involves a
substantial question of law as to the interpretation of the Constitution. Even of the High Court refuses to give such
certificate , the Supreme Court can grant special leave to appeal if the court is satisfied that the case involves a
substantial question of law as to the interpretation of the Constitution.
 In every matter that involves the interpretation of the constitution whether, civil, criminal or any other
proceeding, the supreme court has been made the final authority to elaborate the meaning and intent of the
Constitution.
As far as criminal cases are concerned there are 3 situations in which criminal appeals in Supreme Court are permitted:
(Article 134)
 The High Court has on appeal reverse the order of acquittal of accused person and sentenced him to
death.
 The High Court has withdrawn for trial before itself any case from any subordinate court and such trial
convicted the accused person and sentenced him to death.
 High Court certifies that the case is worth appeal to the Supreme Court.
What is Advisory Jurisdiction of the Supreme Court?
Article 143 (Power of President to consult Supreme Court) discusses the advisory jurisdiction of the Supreme Court.
 If the president feels that a question of law or fact has arisen or is likely to arise and the question is of such a
nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he
can refer the same to Supreme Court for its advisory Opinion.
 Such an opinion is NOT binding on the president.
Can Supreme Court overrule its own verdicts?
 It is said that the Lower court is concerned with the facts and High Court with the error of the judgment of the
lower court.
 The Supreme Court is concerned with wisdom 1. But the Supreme Court may also go wrong and such wrongs
can be rectified. This has been enshrined in the Article 137 of the Constitution of India, that the Supreme Court
can review and revise its own orders. Thus, the answer is yes.
What is Curative Petition?
 A curative petition is a petition filed, for reconsideration of a final judgement/order, passed by the supreme
court
What is judicial review?
Judicial Review means that the Supreme Court can ensure that the laws passed by the State legislature and Union
legislature and the orders issued by the State Executives and Union Executives don’t contravene the provisions of the
Constitution and if the Supreme Court finds so , it can held them unconstitutional.
 Any law that has been declared unconstitutional by the Supreme Court cannot be enforced.
Judicial Review is a remarkable feature in the constitution of India. The power of Supreme Court to rule legislation
invalid if it violates the constitution was first seen in 1975 when The Supreme Court struck down the provisions of the
39th Amendment Act. The constitution of India has made the Supreme Court Guardian of the fundamental rights under
the article 32 and article 13 declares that every law in force or every future law inconsistent with or in derogation of
the Fundamental rights shall be void. Articles 131 to 136 also expressly vest the power of reviewing legislative
enactments of the Union and the States.
The 42nd amendment act curtailed the jurisdiction of Supreme Court in some ways but some of the changes were
repealed by the 43rd amendment act 1947.
Is Judicial Review relevant?
 Judicial Review is relevant because the law of the land in India is written and the language is apt to be
ambiguous and its meaning may not be taken same by all at all times. So the at time to time the question of
interpretation of the constitution and other enactments is bound to arise at time to time.
1
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Indian Constitution: Ministry of Information and Broadcasting, Group:
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of India Administrative Service ( Raz Kr)
 The Judicial Review is also relevant in the sense that Legislature may not possess the impartiality which is
needed to explain the meaning and implications of a particular law and an independent impartial judiciary
body alone can do it aptly.
 The State can put restrictions of the Fundamental rights of the citizens in the name of security of the state and
in public interest, but only court can decide whether the restrictions imposed are reasonable or not.
What is Judicial Activism?
By Judicial Activism, we refer to the process by which the judiciary uses the concept of Judicial Review to iterate the
unconstitutionality of the legislative and executive orders.
 Concept of Judicial Activism originated in United States, from the “Due Process of Law” clause of its
constitution.
 In Indian constitution, it corresponds to the “Procedure established by Law” and not the “Due process of the
law”
The phenomenon of Judicial Activism has not developed in India spontaneously. It has evolved because of the inaction
or over action of the other two organs of the government in the country viz. the Legislature and the Executive.
 In the first two decades of the adoption of the constitution, the country saw a series of tensions between the
courts and parliament on the decisions of the Supreme Court in context with the protection of the fundamental
rights of the citizens. One of them was right to property which was under the sword of the socialist
Government of that time.
 The very first amendment of the Constitution was a response to the Supreme Court's decision that had
invalidated the state laws to abolish Zamindari estates on the basis of equal protection clause of the
constitution. The result of this amendment was that the court lost the power to declare the Government
acquisition of property invalid only on the ground that it abridges the fundamental rights.
Public Interest Litigation: Current form of Judicial Activism
The present form of judicial activism got birth in 1980s when Justice P N Bhagwati turned a postcard written to him by
an aggrieved citizen into a Public Interest Litigation.
 Prior 1980s only the aggrieved party could approach the courts for justice.
The Indian legal system which was more or less with colonial nature saw the state of deprivation of civil and political
rights particularly during the emergency era. After the emergency got ended in 1977, the 2 judges of the honorable
Supreme Court Justice V. R. Krishna Iyer and P. N. Bhagwati recognized the possibility of providing access to justice to
the poor and to reach out to the people. Hence Public Interest Litigation was devised an innovative way wherein a person
or a civil society group could approach the supreme court seeking legal remedies in cases where public interest is at stake.
 Thus, Justice V. R. Krishna Iyer and P. N. Bhagwati were the first judges to accept PIL.
Judicial activism earned a human face in India by liberalizing access to justice and giving relief to disadvantaged groups
and the have-nots under the leadership of Justices V.R. Krishna Iyer and P.N. Bhagwati. In S. P. Gupta v. Union of
India, 1981 case, Justice P. N. Bhagwati articulated the concept of PIL.
 Hussainara Khatoon v. State of Bihar was the first such PIL case. This case was filed by an advocate and
focused on the inhuman conditions of the prisons. The case led to release of more than 40, 000 under trial
prisoners.
 In S. P. Gupta v. Union of India, 1981 case, Justice P. N. Bhagwati provisioned that if an injury is caused to a
person or class of person or a legal right of the person/class of person is violated, and such person or class of
person by reasons of poverty, helplessness or disability or social/economical disadvantageous position cannot
approach the court, then a member of the public can maintain an application for an appropriate direction /
order/ writ in the High Court under article 226 and in case any breach of the fundamental rights the person or
class of person can seek judicial redress in Supreme court under article 32.
Remedial nature of PIL:

 The PIL has remedial nature and indirectly incorporates the principles enshrined in the part IV (Fundamental
Duties) of the Constitution of India into part III (Fundamental Rights) of the Constitution.
Judicial Activism in 1990s:
In the decade of 1990s the judicial activism became popular and widely appreciated. Some of the important court
actions of this era were as follows:
 The court sensitized the Central Intelligence agencies to discharge their constitutional obligations in the
Hawala Case.
 In 1994, in the Jain Hawala Case, the court ordered the director of the CBI to report personally its progress to
the court. The progress of the CBI was too slow and a top leaders in the Government as well as Opposition
seemed to be involved in that, the Court in 1996 ordered CBI to spare no one and to report no one but to the
court. The impact was such a large that many ministers from the then Narsimharao Government , top
opposition leaders and top bureaucrats were exposed.
Judicial Activism and the Public Interest:
The Judgments of the supreme court which can be placed under the “Judicial Activism” range from the Uniform Civil
Code, Pollution, Preservation of Historical Monuments, Urban Development, Food Security, Occupation of
Governmental Buildings, Compensation to the Rape victims, camera Trials of the Rape victims, Punishment of the
senior bureaucrats, illegal structures in VIP zones, monkey menace, dog menace, unpaid dues by former and serving
legislators, nursery admissions, and admissions in institutions of higher learning and so on…
Relevance of Judicial Activism:
 In India majority of the people are socially, economically and “emotionally” backward and they are
subjected to various kinds of discrimination, the role of Judiciary is important and judicial activism is
need of the hour.
 The executive and legislature are apathetic and they fail to discharge their constitutional duties, the apex
court which is the guardian of the Citizens rights and liberties acts as a sentinel through the Judicial
Activism.
 The Judges of the courts can not sit idle and close their eyes to the stress and storms that affect the
society and protect the fundamental rights sitting in cocoons.
 The great contribution of judicial activism in India has been to provide a safety valve and a hope that
justice is not beyond reach.
 The common citizens have discovered that the administration has become so apathetic and non-
performing and corruption and criminality so widespread that they have no recourse except to move the
courts through PIL, enlarging the field for judicial intervention.
Opponent’s View to Judicial Activism
 The active role of the Judiciary has been criticized also on several grounds. Entertainment of the Public Interest
Litigations on insignificant matters and imposition of fines without proper trial are such grounds. Sometimes
these orders are triggered by righteous indignation and emotional responses.
 Some critics have alleged that the Courts have tried to assume the positive policy making role which is vested
in the elected representatives of the people.
 It has been alleged that the courts have been crossing boundaries of their jurisdiction.
Conclusion: Judicial Activism
 Unless the Executives and the Legislatures begin to respond to the needs of the citizens and discharge
their responsibilities, Public Interest Litigations and Judicial Activism are bound to remain at the centre
stage as long as Judiciary is respected and courts continue to respond the way they do now and the
image of the Judiciary is not undermined by negative perceptions.
 To successfully controvert the undemocratic conduct and to uphold the legitimacy of the Judicial
Review, the judiciary must strive to maintain the respects it commands amongst the masses for its
independence and integrity.
 Supreme Court has to do its duty to interpret the law and the Constitution and wherever there is any gap
courts have been given certain directions by the Constitution, the supreme law of the land.
 There is concern among the public about lack of transparency in judicial appointments and a sense of
increasing unease because of a lack of a credible mechanism to deal with serious complaints against the
higher judiciary.
Judiciary in Indian States: The High Courts
Article 214 to 231 deal with the High Courts in the states and Article 233 to 237 deal with the Subordinate Courts.
Every state has a High Court which operates within its territorial jurisdiction. Every High Court is a court of record
which has all the powers of such as court including the power to punish for contempt of itself. Neither the Supreme
Court nor the High Court can deprive the High Court of its power of punishing for contempt of itself.
High Courts in India v/s High Courts in United States
In United States, the State High Courts are constituted under the state constitutions. They are in anyways, not linked to
the Federal Judiciary. The appointment method as well as conditions of the service in America varies from state to state.
But in India, there is a single Judiciary and there is uniformity in appointment, terms of service, functionality and
procedures.
 Article 214 says that there shall be a High Court in every state.
 Article 215 says that each High Court shall be a court of record
 Article 216 says that every High Court shall have a Chief Justice and other judges who shall be appointed by
the President.
Appointment of the Judges of High Courts
The procedure of appointing the Judges of the High Courts in India is slightly different from the appointment of the
Judges of the Supreme Court. As per article 217, the chief Justice of the high court is appointed by the President in
consultation with the Chief justice of India as well as the Governor of the state in question. In the appointment of the
other judges, the Chief Justice of High Court is also consulted.
So, in the appointment of the regular Judge of the High Court, the President seeks consultation with three authorities.
 Chief Justice of India
 Chief Justice of the High Court
 Governor of the state
Till 1981, the situation was that the Chief Justice of the High Court used to make recommendation to the Governor.
After that the mater used to go to the Centre level and Chief justice of India was consulted. Based upon that either the
appointment was made or not made. In 1999, the situation changed after Supreme Court rendered a unanimous
opinion on a presidential reference. The decision said that Consultation with CJI means Consultation with plurality of the
Judges in the formation of opinion of the CJI. So, normally the CJI consults with 4 regular judges of the Supreme Court.
As per article 217-220,
 If a Judge of High Court is appointed on a permanent basis, he holds the office until he completes the age of 62
years. (In Supreme Court it is 65 years).
 The Minimum Qualification prescribed is Indian Citizenship and minimum 10 years of experience either as an
advocate of the High Court of India or as a Judicial officer with minimum 10 years experience.
 If, an advocate later becomes a Judicial Officer, then, in computing 10 years, the experience as an advocate can
be combined with that of a Judicial Officer.
The salaries and allowances of the Chief Justice of High Court and Judges of the High Court are decided by the
parliament by law, time to time.
 Current salary of Chief Justice is ` 90,000
 Current salary of Regular Judge is ` 80, 000
The salaries and other expenses of the judges and maintenance of the state high courts are charged from consolidated
fund of the state. The article 202 deals with the state budget. Article 202(3) says:
The following expenditure shall be expenditure charged on the Consolidated Fund of each State—
 the emoluments and allowances of the Governor and other expenditure relating to his office;
 the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case
of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;
 debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and
other expenditure relating to the raising of loans and the service and redemption of debt;
 expenditure in respect of the salaries and allowances of Judges of any High Court;
 any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
 any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.
However please note that the retired Judges are entitled to a pension which is drawn from consolidated fund of India.
Removal of the Judge of a High Court
Article 218 says that certain provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as
they apply in relation to the Supreme Court.
 A Judge of the High Court can be removed from office by impeachment only for proved misbehaviour or
incapacity and only in the same manner in which a Judge of the Supreme Court is removed.
 The President of India can remove a Judge of the High Court, from his office only if each house of the parliament
passes a resolution by a two third majority of its members present and voting in each house requesting him to
remove the Judge.
 Transfer of the Judges is done by the President in consultation with the following
o Chief justice of India’ whose opinion is formed by senior most judges of the Supreme Court.
o Chief Justice of the High court from where transfer is to take place.
o Chief Justice of the High Court to where the transfer is to take place
Impeachment Process of a Judge of higher judiciary in India
In India Article 124(4) covers the removal of a Judge of the Supreme Court. This article says:
A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an
address by each House of Parliament supported by a majority of the total membership of that House and by a majority of
not less than two-thirds of the members of that House present and voting has been presented to the President in the same
session for such removal on the ground of proved misbehaviour or incapacity.
Similarly Article 217 (1)(b) and 218 cover the removal of the Judge of an High Court.
So, the Constitution makes provision for removal of a judge of a Supreme Court on the ground of proven misbehaviour
or incapacity.
A judge may be removed only through a motion in Parliament with a two thirds support in each House. The process is
laid down in the Judges (Inquiry) Act, 1968. An impeachment motion has to be moved by either 100 Lok Sabha
members of Parliament or 50 Rajya Sabha Members. After the motion is admitted, the Speaker of Lok Sabha or
Chairman of Rajya Sabha constitutes an inquiry committee. This inquiry committee is consisted of 3 members viz.
 A Supreme Court judge,
 A High Court Chief Justice,
 An eminent jurist.
The Committee frames charges and asks the judge to give a written response. After the inquiry, the committee
determines whether the charges are valid or not. It then submits its report. The judge is given chance to examine the
witnesses. If the inquiry committee finds that the judge is not guilty, then there is no further action.
If the inquiry committee finds the judge guilty, the House of Parliament which initiated the motion may consider
continuing with the motion. Please note that such motion can be initiated in any house of the parliament. Then, the
motion is debated. During debate, the judge has the right to represent his / her case. After that, the motion is voted
upon. If there is two-thirds support of those voting, and majority support of the total strength of the House, it is
considered to have passed. The process is then repeated in the other House. After that, the Houses send an address to
the President asking that the judge be removed from office.
Impeachment of Justice Ramaswami
Impeachment proceeding against a judge of High Court in India was started for the first time in 1989 against Justice V
Ramaswami, whose tenure as Chief justice of Punjab and Haryana High Court was reportedly objected by the Audit
reports regarding the purchase of Furniture, carpets and Air conditioners. The motion was introduced in Lok Sabha and
a three judge committee of Supreme Court was formed to enquire into the allegations. But the VP Singh Government fell
shortly afterwards. In the new government the motion was again moved but Congress abstained from the voting and
the motion again failed. Thus no the impeachment could not complete.
Impeachment of Justice Soumitra Sen
On 19 August 2011, in a historic first, the Rajya Sabha voted in favour of impeaching Calcutta High Court judge Justice
Soumitra Sen, finding him guilty of misappropriating funds as a judge and of misrepresenting facts. This was the first
televised impeachment proceedings ever in which Rajya Sabha voted 189 to 17 in favour of Justice Sen's removal. The
motion was passed in Rajya Sabha.
Background:
Justice Soumitra Sen was appointed Receiver in a case by an order of the Calcutta High Court on April 30, 1984. As a
Receiver, Justice Sen had the power to collect outstanding debts and claims due in respect of certain goods. But, the
Receiver is required to file and submit for passing, his half yearly accounts in the Office of the Registrar of the High
Court. However, Justice Sen did not comply with this rule. As a Receiver, Justice Sen was required to open only one
account and not move funds without prior permission. However, the Inquiry Committee found that two separate
accounts were opened by Justice Soumitra Sen as Receiver, with ANZ Grindlays Bank and Allahabad Bank. A total sum
of over Rs 33 lakh was transferred in these accounts from the sale of the goods which was unaccounted for.
Outcome
Justice Sen claimed he could not account for this amount since it was invested in a company called Lynx India Ltd. to
earn interest but the Inquiry Committee found this claim to be false. The amount transferred to Lynx India Ltd. had
been made out of an account opened by Justice Sen in his own name. The Committee concluded that (a) there was a
large-scale diversion of fund, and (b) such diversion was in violation of the orders of the High Court.
The impeachment motion was passed in Rajya Sabha but before it could be passed in Lok Sabha, the judge resigned and
thus this process also could not complete.
Jurisdiction of the High Courts
There are no detailed definitions and classification in the Constitution of India as far as Jurisdiction of the High Courts
in concerned. The High Courts have been given full power to make rules and regulate their Jurisdiction.
Apart from the normal original and appellate jurisdiction, the constitution vests 4 additional powers to the High Courts.
These are:
 The power to issue writs or orders for the enforcement of Fundamental rights and some other purposes.
 Power of superintendence over all other state courts. The High Court exercises the supervision of all the other
courts and tribunals in the state.
 The power to transfer the cases from other subordinate courts in the state to itself. (227)
 Power to appoint the officers and servants of the High Courts. (228)
 Article 226 makes the High Courts protectors of the Fundamental rights, within their own jurisdictions, in the
same way Article 32 makes the Supreme Court ultimate protector of the Supreme Court.
Most of the high court’s in India , at the time of Framing the Constitution were functioning in the well defined
jurisdictions. The High Court kept enjoying almost all the same powers which they enjoyed immediately before the
commencement of Constitution of India.
The Constitution of India makes High Court the Court of Record.

Constitution Part VI: Governance Machinery in States
Governor of an Indian State
Constitutional Provisions regarding Governor
In India, the Government model of States is also parliamentary in nature. The executive authority of a state in India
is vested in the Governor and Governor is the constitutional head of the state in the same way as President is the
Constitutional head of the Union. Here are the provisions of various articles of the Constitution:
 Article 153 : There shall be a Governor of each states and a same person can be made Governor of more than
one states.
 Article 154: Executive Power of the State shall be vested in the Governor and shall be exercised by him/ her
either directly or through officers subordinate to him / her. However, Parliament and State legislature can
confer any function to officers subordinate to Governor by law.
 Article 155: A Governor is appointed by the President. So, there is no election in case of a Governor.
 Article 156: Governor can hold the office for maximum tenure of 5 years and he / she holds the office during
the pleasure of the President. Once the tenure ends, the Governor continues to hold office till new governor
takes up the job.
 Article 157: A person who is citizen of India and has completed the age of 35 years shall be eligible to be
Governor of state.
 Article 158: A Governor can NOT be member of either house of the parliament or member of legislature of any
of the Indian States. If a MP or MLA is appointed as Governor he / she shall vacate the seat when enters into
Governor’s Office. The Governor will not hold any office of the profit and will be entitled for salary and
allowances as per second schedule of the constitution and as the parliament by law can decide. \
 Article 159: The Oath of affirmation for Governor as per article 159 is as follows:
I, A. B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of Governor (or discharge the
functions of the Governor) of .............(name of the State) and will to the best of my ability preserve, protect and defend the
Constitution and the law and that I will devote myself to the service and well-being of the people of .....(name of the State)."
 Article 160: During any contingency, who will discharge the functions of the Governor, is decided by the
President.
 Article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any
law relating to a matter to which the executive power of the State extends. Please note that President can grant
pardon to a person awarded death sentence. But Governor of State does not enjoy this power.
 Article 162: The executive power of Governor of a State extends to the matters on which the Legislature of the
State has power to make laws.
Why the Governor is appointed and NOT elected?
In India, the Governor is appointed by the President and NOT elected. The reasons of this arrangement are as follows:
 If the Governor of the state is elected directly by the people of the state, his position would not be a
“Constitutional Head” and will be that of a “Real Head”. This can result in a friction between the council of
ministers in the state and the governor.
 If the Governor of the state is elected by the elected representatives of the state assembly, there are
possibilities that the Governor rather than being impartial may become the pawn of the political parties that
suggest his/ her victory in the Governor’s elections.
 Governor in a state in India is actually an agent of the President and a servant of the Union of India. In case
there is any conflict between the state and the centre, a directly or indirectly elected Governor may Not prove
to be an obedient servant of the Union. This would be inconsistent with the Idea of a strong centre in the
country.

 Governor is expected to be an impartial and independent mediator for the rival factions in the state and this
can be done only when Governor is a nominee of the President.
 So we can say that the method of selection of the President has removed the evils which would have resulted
from any of the alternative methods.
Governor in Indian States: American Model or Canadian Model?
 Governor in India is accepted on the lines of a provincial Governors of Canada who are appointed by the
Governor General of Canada and hold the office during his pleasure.
 The framers of the constitution initially wanted an arrangement for an elected Governor of each state, very
much like the governors of the US states.
 But the idea was done away with in due course of time because, of the above mentioned reasons. In US, there is
a Presidential system of Government and there is seldom a rivalry between the Governor and his Cabinet.
What is Salary of the Governor?
Apart from the free residence, medical facilities and other allowances, a Governor of the state in India draws a salary of
` 1,10,000 per month. Salary and Allowances of the Governor of State are charged from “Consolidated Fund of the
State” and are non-votable in the state Budget Process.
What are Executive Powers of the Governor?
As per article 162, the executive power of a State extends to the matters on which the Legislature of the State has power
to make laws. Since, Governor is the Executive Head of the state, all the Executive actions of the state are taken in the
name of the Governor. Appointment of some of the following important functionaries of the State Government is made
by the Governor:
 Chief Minister
 Other ministers
 Advocate General
 Chairmen and members of the State Public Service Commissions
The imposition of President Rule in a state is recommended by the Governor of the State when there the Governor finds
that the Government of state is not being carried on in accordance with the provisions of the Constitution.
What are Legislative Powers of the Governor?
 Governor has powers to summon and prorogue either house of the state legislature and dissolve the state
assembly.
 Governor addresses the first session of the state legislature after the general elections in the state.
 Governor Appoints 1/6th members of the State legislative Council.
 Nominates one member in the state legislative assembly from the Anglo-Indian Community if the
community is not well represented.
 The Bills passed by the State legislatures are sent to Governor for assent.
 Governor has right to reserve certain kinds of the bills passed by the state legislature to for the assent of the
President.
 Governor of the state has power to make laws through Ordinances in the state.
What are Financial Powers of the Governor?
 Money bills in the State legislature cannot be introduced without prior recommendation of the Governor.
 The Governor ensures that the Budget of the state is laid before the assembly every year.
 The “Contingency Fund of the state” is maintained and administered by the Governor of the state. Governor can
advance money out of it for meeting unforeseen expenditures, but the money has to be recuperated with the
authority of the state legislature.
 The Governor of the state receives the report of the States auditor general pertaining to the accounts of the
legislature and puts it before the state legislature.
What are Judicial Powers of the Governor?
 President of India consults the Governor while appointing the Chief Justice and other judges of the High Courts
of the states.
 He can grant pardon, reprieve, respite or remission of punishment to persons convicted of an offense against
the state laws.
What are other Administrative Powers of the Governor?
 The governor places the state public service commission reports and observations of the council of ministers
before the state legislature.
 The Governor of State functions as a chancellor of various state Government universities. The Vice Chancellors
are appointed by the Governor.
What are the Ordinance making powers of the Governor?
As per provisions of article 213, the Governor has Special legislative power of promulgating the ordinances during the
recess of the State legislature.
 To issue an ordinance, the governor must be satisfied with the circumstances that make it necessary for him /
her to take immediate action.
 Please note that Governor cannot promulgate an ordinance in any of the three situations give below:
 If the ordinance has the provisions which of embodied in a bill would require president’s sanction.
 If the ordinance has the provisions which the governor would reserve as a bill containing them for the
president’s sanction.
If an act of the state legislature has the same provisions that would be invalid without the assent of the president.
All ordinances promulgated by the Governor in the state have the same effect and force. The ordinance must be laid
before the state legislature when it reassembles and it must be upheld by the State legislature, failure to which the
ordinance would be invalid.
What are the discretionary Powers of the Governor?
 In exercising all the functions except when the governor is expressly required to act in his/ her discretion, The
governor of an state is advised and aided by the Council of Ministers of the state, which is headed by the Chief
Minister.
 But, when there is a conflict between the Council of the Ministers and Governor, the Decision of the Governor in
his/ her discretion is deemed to be final. (Article 163)
 Validity of anything done by the Governor can not be called in question on the ground that he / she ought to
not to have acted on his / her discretion.
 Whether , and if so what, advice was tendered by the Governor to the Ministry can not be inquired into a court.
 So, though the Governor is made the constitutional head of a state like president of India, yet there is a thin line
as the Constitution empowers the Governor to act without the advice of the Chief Minister and his council and
can use discretion on certain matters. Some discretionary powers are as follows:
 Governor can dissolve the legislative assembly if the chief minister advices him to do following a vote of no
confidence. Now, it is up to the Governor what he/ she would like to do.
 Governor, on his/ her discretion can recommend the president about the failure of the constitutional
machinery in the state.
 On his/ her discretion, the Governor can reserve a bill passed by the state legislature for president’s assent.
 If there is NO political party with a clear cut majority in the assembly, Governor on his/ her discretion can
appoint anybody as chief minister.
 Governor has discretion to refuse to sign to an ordinary bill passed by the state legislature.

Comparison of India’s President and Governor of an Indian State
Similarities Dissimilarities
 Both the President and Governor have the  Governor can keep a bill passed by state legislature for
status of Constitutional Heads. assent by the president.
 All executive decisions are taken in their name  The discretionary powers of Governor are with wider
but actual power is exercised by Council of scope in the state than the President in the Union.
Ministers  Governor cannot grant pardon to somebody convicted
 All ordinary / money bills passed must get and sentenced to death. Such power lies with president
their assent before they become an act. only.
 Both of them promulgate ordinances  President can nominate two members of Anglo-Indian
 All Money bills can be introduced with prior Community in Lok Sabha, Governor can nominate one
recommendation of President in the Lok Sabha member of Anglo-Indian Community in State
and Governor in the state legislature. Legislature.
 Only President can declare war or peace.
 Only President can pardon a person punished under
Martial law.
Council of Ministers in States
Constitutional Provisions regarding Council of Ministers in States
 Article 163: There shall be a Council of Ministers in the states with the Chief Minister at the head to aid and
advise the Governor in exercise his functions, except those which are required to be done by the Governor on
his/ her discretion”. So the council of Ministers has been provided by the Constitution to aid and assist the
Governor in the discharge of his / her duties.
 Article 164: Chief Minister is appointed by the Governor. Usually Chief Minister is appointed from the
largest political party / coalition after the elections, but if no party has clear majority, then Governor can
appoint anybody as Chief Minister.
o Other Ministers are appointed by the Governor on advice of the Chief Minister.
o The council of the Ministers theoretically holds the office during the pleasure of the Governor, but
actually holds the office as long as it enjoys majority.
o The council of Ministers works on the principle of collective responsibility to the legislature of the
state. This means that vote of no-confidence against any minister automatically leads to the
resignation of entire council.
o A Minister who for any period of six consecutive months is not a member of the Legislature of the
State, at the expiration of that period ceases to be a Minister. (Article 164)
The council of Ministers formulates the policy of the Government and implements it practically. The all important
appointments in the states are made by the Governor and Council of Minister advices / aids Governor in this work. The
Council of Ministers forms and presents the Budget of the state every year.
Advocate General in State
Constitutional Provisions regarding Advocate General
Advocate General is the highest legal adviser to the State Government. Advocate General has been incorporated in
Article 165 of the constitution. Here are some important points:
 Advocate General is the Highest Law Officer of a state in India.
 Advocate General is appointed by the Governor and enjoys the office during the pleasure of the Governor.
 The remuneration of the Advocate General is decided by the Governor.
 The qualification to become an advocate general is the same as that of a Judge of a High Court.
 The advocate general has been assigned the duty to give advice to the state Government on legal matters which
are referred to him/ her.
 Advocate General is Facebook Group: Indian Administrative Service ( Raz Kr)
o entitled to appear before any court of law within the state or
o Address the state Legislature as and when required.
Legislative Council
Legislature of a state in India is composed of Governor and Legislative assembly (and legislative council if there is in the
state). In India, a state can have either a state legislative assembly or state legislative assembly as well as legislative
council. Thus, the states in India are either unicameral or bicameral.
Who decides whether the state should be unicameral or bicameral?
Article 168 of the constitution of India provides for a Legislature in every state of the country. The same article
mentions that there are some states where there is a legislative council as well. Thus, Indian Constitution does not
adhere to the principle of bicameralism in case of every legislature. The states where, there are two houses, The
Governor is part of the legislature which consists of Legislative assembly and legislative council. Features of the
Legislative assembly resemble to those of the Lok Sabha in the center and features of legislative council resemble to
those of Rajya Sabha. The framers of the constitution as well as members of the Constituent assembly had in mind that
it may not be possible for all the states to support two houses, financially as well as for other reasons. For example,
some of the members of the Constituent assembly criticized the idea of bicameral legislature in the states as a
superfluous idea and a body which is unrepresentative of the population, a burden on the state budget and causing
delays in passing legislation.
 That is why, whether there should be a legislative council in the state or not, is decided by legislative assembly
of the state itself.
But it does not mean that legislative assembly can itself create a legislative council. The constitution of India has full
provisions about the creation of legislative council and its abolishment.
Who can abolish a legislative council?
The power of abolition and creation of the State legislative council is vested in Parliament of India as per article 169.
But again, to create or to abolish a state legislative council, the state legislative assembly must pass a resolution, which
must be supported by majority of the strength of the house and 2/3rd majority of the present and voting. (Special
Majority)
 When a legislative council is created or abolished, the Constitution of India is also changed. However, still, such
type of law is not considered a Constitution Amendment Bill. (Article 169)
 The resolution to create and abolish a state legislative council is to be assented by the President also.
How many states of India have Legislative Councils?
At present in the country, there are 6 states viz. Andhra Pradesh, Bihar, Jammu & Kashmir, Karnataka,
Maharashtra, Uttar Pradesh with bicameral legislatures.
There was a bicameral legislature in Tamil Nadu in past but it was abolished in 1986 and then revived in May 2010. In
2010 the Parliament of India passed an Act to re-establish a Legislative Council for a seventh state, Tamil Nadu, but
implementation of the Act has been put on hold pending legal action; the state government has also expressed its
opposition to the council's revival.
What is the Strength of the Legislative Council?
Please note that Total Number of the Legislative Council should not exceed the 1/3rd of the total number of members of
the Legislative assembly, but it should not be less than 40. (Article 171)
 However, Jammu & Kashmir is an exception to this where the upper house has strength of 36 only. This is
because; J & K assembly is created as per the J & K constitution which is separate from Constitution of India.

Who are the Representatives in the Legislative Council?
In legislative Council, there are 5 different categories of representation.
 1/3rd of the total membership is elected by the electorates consisting of the members of the self Governing
bodies in the state such as Municipalities, District Boards etc.
 1/3rd members are elected by the members of the Legislative assembly of the State
 1/12th members are elected by an electorate of University Graduates.
 1/12th members are elected by the electorate consisting of the secondary school teachers (3 year experience)
 1/6th members nominated by the Governor on the basis of their special knowledge / practical experience in
literature, art, science, cooperative movement or social service.
For the first 4 categories mentioned above, the election is held in accordance with the system of proportional
representation by means of a single transferable vote and secret ballot method. The above representation can be
changed by parliament of India by law.
Eligibility to become a Member of Legislative Council (MLC)
To be eligible for membership of the Legislative council, a person
 Must be citizen of India
 Must have completed the age of 30 years
 Must possess such other qualifications as prescribed by the parliament by law.
 The member should not hold the office of the profit. Should not be of unsound mind and should not be an
undischarged insolvent.
Duration of Legislative Councils
 The legislative council is permanent body but 1/3rd of its member retire every 2 years. The members of the
council elect a chairman which is called “presiding officer”.
 The council also elects the Deputy chairman.
Legislative Assembly
Legislative assembly is the popular house of the State legislature resembling in features with India’s Lok Sabha. It is
made up the members directly elected by the people of the state.
 As per article 128, the Legislative assembly of each state cannot have number of members more than 500 and
less than 60.
 However, there are exceptions to this and the states Sikkim (32), Goa (40) and Mizoram (40).
 For election purpose, the state is divided into the number of constituencies as per the seats for the assembly.
 The term of the assembly is 5 years but it can be dissolved prior to 5 years by Governor.
 During a National Emergency, the parliament by law can extend the term of a state assembly by 1 year.
Eligibility to become a MLA
 The person should be Citizen of India
 Should be more than 25 years of age
 Other qualifications as prescribed by the parliament by law.
Disqualification of MLA
A person is disqualified on the following grounds:
 If he/ she holds any office of the profit under the central or state Government
 If he/ she is of unsound mind
 If he / she is an undischarged insolvent
 If he / she has voluntarily acquired the citizenship of a Foreign country
 If he/ she is disqualified under any other law of the parliament such as anti-defection law.
Who decides that a person is disqualified?
The question, whether a person has been subject to any of the above disqualification will be referred to the Governor
who decides in consultation with the election commissioner of the Group:
Facebook state. TheIndian
decision of the Governor is
Administrative final. ( Raz Kr)
Service
 The Governor of the state nominates one member of the Anglo Indian Community to the state assembly as per
provisions of article 333, if he / she is of the opinion that the community is not well represented in the state
assembly.
Presiding Officer of Legislative Assembly
 Presiding officer of the state legislative assembly is also known as Speaker who is elected by the members of
the assembly.
 The members of the assembly also elect deputy speaker.
Legislative Process in states
There is hardly anything special with respect to the conduct of the business in state legislatures and it is almost same as
that of process in Lok Sabha. Most of the articles are same even in verbatim. Some important points are as follows:
 The state legislature must meet at least twice a year and the interval between the any two sessions of the
legislature should not exceed 6 months.
 The new session begins with the opening address by the Governor , in which the Governor outlines the policy
of the state Government.
 This address is then debated and then a resolution is passed for thanks to Governor. During this debate, the
opposition parties get opportunity to criticize the policy of the Government.
 Every bill except Money Bill can be introduced in either house of the legislature.
 The same process as we discussed in Union legislative process is followed and the bill is passed after third
reading.
 After passing, the bill goes to Governor for assent. Here 4 courses of action arise for the Bill:
 The Governor gives assent to bill and it becomes an act
 Governor withholds the assent
 Governor returns the bill (provided it is NOT a money Bill)
 Reserve the bill for consideration of the President
 The Governor may send a bill back. If the legislature again sends the bill after passing it again, Governor cannot
withhold the assent.
 However, a Governor may reserve assent for consideration of the President.
 Please note that President is NOT bound to give assent even if a bill is passed for second time in the State
legislature.
Bill, State Legislature and President
 Please not that Governor may not withhold assent to a Money bill because it is introduced with the prior
recommendation of the Governor. However, in case of other bills, when the bill reserved by the Governor and
sent to the President, President may give assent or withhold it.
 The president can also direct the Governor of the state to send back the bill to the state legislature for
reconsideration. The state legislature, in this case will have 6 months for re-passing the bill.
 And after re-passing, it is NOT sent to the Governor again but sent to the President directly. Still the
President is NOT obliged to give assent. However, if President thinks is alright, then may go for advisory
jurisdiction of the Supreme Court.
Law making Powers of the State Legislatures
 State Legislature can make laws on the subjects which are in the state list as well as concurrent list.
 However, if its own law on subjects from the concurrent list should not conflict with the Union Laws. If there is
a conflict, the law passed by the Union shall prevail.
 State Legislature exercises the complete control of the finances and no taxes can be levied or expenditure
incurred without the approval of the state legislatures.

Union Territories
Constitutional Provisions in context with Union Territories
Following are the articles that deal with the administration machinery of the Union Territories .
 Article 239: Administration of Union territories.
 Article 239A: Creation of local Legislatures or Council of Ministers or both for certain Union territories.
 Article 239AA: Special provisions with respect to Delhi.
 Article 239AB: Provisions in case of failure of constitutional machinery.
 Article 239B : Power of administrator to promulgate Ordinances during recess of Legislature.
 Article 240 : Power of President to make regulation for certain Union territories.
 Article 241 : High Courts for Union territories.
 Article 242. This article is repealed.
Essence of these articles is as follows:
Administration of the Union Territories (Article 239)
 The Union Territories are administered by the President through an administrator, who will be appointed by
him with a suitable designation.
 The administrators of the Union territories in India are known as Lieutenant Governors, Chief Commissioners
or Administrators. In Andaman & Nicobar Islands and Puducherry administrator is called Lt. Governor, while in
Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep he/ she is known as Administrator. In Delhi
also Lt. Governor is the administrator who is appointed by the President.
 The President may appoint a Governor of an adjoining state as administrator of a Union territory. In such case
the Governor works independently with regard to the administration of the Union Territory.
Power of Parliament to create local legislatures (Article 239A)
 Parliament of India was empowered to create a legislature or Council of Ministers or both of them for a Union
Territory via Constitution (Fourteenth Amendment) Act, 1962. So power to decide the structure of
administration in the UT is vested in Parliament. Article 239A was inserted in the constitution by 14th
amendment act 1962.
 On 16 August 1962, the Treaty of Cession was ratified by the Governments of India and France. Based upon
this treaty, the French establishments of Pondicherry, Karikal, Mahe and Yanam became territories of the
Indian Union with effect from that date. The Constitution 14th amendment Act provided these territories
being specified in the constitution itself as a Union territory called ‘Pondicherry’.
 The name Pondicherry was replaced by Puducherry by Pondicherry (Alteration of name) Act 2006 in
October 2006.
 As per article 239A, the Parliament by law creates for the UT of Puducherry a Legislature and a Council of
Ministers.
Special Provisions with respect to Delhi (Article 239AA)
Article 239AA was inserted in the Constitution by 69th amendment act 1991 of the Constitution of India.
This article provides special provisions for the Union Territory of Delhi. After the 69th Amendment Act 1991, w.e.f from
February 1, 1992, the UT of Delhi is called National Capital Territory of Delhi. The administrator of the NCT as
appointed by the President of India as per article 239 is known as Lieutenant Governor.
Via Article 239AA, a legislative assembly for NCT of Delhi was provided. The power to decide the number of the seats
and reservation of the seats was vested in the parliament.
With this, Delhi became a state and the Constitutional provisions with regard to Elections (Article 324-327 and 329)
became applicable in NCT. Since then, Delhi has been struggling for a status of full-fledged state of India.

On which subjects the Delhi State legislature make laws?
As per the provisions of the Article 239AA inserted by Constitution 69th Amendment Act 1991, the State Government of
Delhi can make laws for whole or part of the NCT on all subjects in the State List or Concurrent List except the following
subjects of the State List:
Entry 1: Public Order
Entry 2: Police
Entry 18: Land
And
If the subject matter of these 3 is related to any of the
Entry 64: Offences against the laws entry 1, 2, & 18
Jurisdiction power of all courts
Fees
This means that Delhi has been endowed with a legislative Assembly with a chief minister and a council of ministers with
limited powers, distinct from the powers available for them in other states. The Article 239 AA has kept the Matters
covered by Entries 1, 2 and 18 of the state list of Seventh Schedule i.e. Public order, police and land outside their
purview.
What is implication of this provision?
As per article 239AA, the Municipal Corporation of Delhi comes under the Union Government. Apart from that there are
issues with the Delhi Police also, which again comes under the Union Government.
 While the Union home ministry deals with law and order, the Delhi Development Authority (DDA) — which
owns a major chunk of land in Delhi — is part of the Union Urban Development Ministry.
 The lieutenant governor, considered the Centre’s representative in Delhi, is chairman of DDA.
 The police commissioner of Delhi too reports to the lieutenant governor.
Struggle of Delhi for Full Statehood
The State of Delhi Bill, 2003 was moved in the Parliament by L K Advani during the NDA Government. This bill
endowed the entire National Capital Territory of Delhi with full statehood. The Bill went to the parliamentary standing
committee, which was headed by Pranab Mukherjee. The committee did not make any major recommendations except
a provision that confers special powers to the President, to give direction for good governance and proper development
of the State of Delhi. The bill got lapsed, when the session of the Lok Sabha ended.
This issue is pending to be resolved. The subsequent government is of the view that a Full Statehood should be given to
Delhi and New Delhi should get the Union Territory Status. There is another model too. This model has the idea that
DDA, MCD, Land and Revenue should go to the Delhi State while the NDMC, Delhi Police to stay with centre along with
the security of the VIP lands, Parliament, Rashtrapati Bhavan and Lutyen’s Bungalow Zone.
President’s Rule on Delhi
 Article 239AB deals with President’s rule in NCT of Delhi. Article 239AB provides that if the Lieutenant
Governor of Delhi gives a report to the President that a situation has arisen in National Capital Territory of
Delhi in which the administration cannot be carried out in accordance with the provisions of the article 239AA,
then President can suspend any provisions of Article 239AA.
Ordinance making Power of Administrator (Article 239)
 Article 239B gives the administrator of the Union Territory of Puducherry the power of ordinance making. The
administrator of Puducherry can promulgate an ordinance when the legislative assembly of Puducherry is NOT
in session and the ordinance can be promulgated with the prior permission of President only. Rest of the
features of the ordinance is same as Governor of a state.
Power of President to regulate peace, progress and good government (Article 240)
 President may make regulations for the peace, progress and good government of the Union Territories of the
Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli, Daman & Diu and Puducherry. However as
far as Puducherry is concerned, President does not make any law on regulation for the peace, progress and
good government after the Legislature of the Puducherry was created and had its first meeting.
 But during the dissolution or suspension of the Puducherry Legislative assembly, the president can regulate
the peace, progress and good government .
High Courts for Union Territories (Article 241)
 As per article 241, Parliament of India can constitute a High Court for a Union Territory, or declare any court in
any such territory to be a High Court. The parliament can exclude or extend the jurisdiction of a High Court of a
state to any Union Territory or part thereof.
 Please note that all Union Territories except Delhi are at present under the jurisdiction of the High Courts of
various states.
 In Goa, the Judicial Commissioner’s Court was given certain powers of a High Court under the provisions of the
Goa, Daman and Diu (judicial Commissioner’s Court) Regulation, 1963. But it was not a full-fledged High Court.
The Judicial Commissioner also did not enjoy those constitutional safeguards which protect the independence
of a High Court Judge. Later the jurisdiction of High Court of Judicature at Bombay was extended to the State of
Goa and Union territories of Daman and Diu and Court of the Judicial Commissioner was abolished and a
permanent bench of High Court of Judicature at Bombay is established at Panaji (Goa) on 30th October, 1982 as
per the provisions of The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu ) Act, 1981.
 When Goa became a state of India via the Goa, Daman & Diu Re-organization Act, 1987, High Court of Bombay
became the common High Court for the states of Maharashtra and Goa and the Union Territories of Dadra &
Nagar Haveli and Daman & Diu from March 1987.
o The Jurisdiction of Kolkata High Court extends over Andaman & Nicobar Islands.
o The jurisdiction of Punjab and Haryana High Court extends to Chandigarh.
o The Jurisdiction of Kerala High Court extends at Lakshadweep and
o Jurisdiction of Chennai High Court extends at Pondicherry.

Part IX, IXA and IXB of the Constitution
Constitution Part IX : Panchayats 15. Recommendations of 13th Finance Commission
1. Why a strong Rural Government is needed? 16. Reservation for Women in PRIs: Constitution 110th Amendment
2. Decentralization – The core Philosophy of democratic Bill
governance Constitution Part IXA: Municipalities
3. The Community Development Programme 17. Introduction
4. Balwant Rai Mehta Committee Report 18. Major problems of Local Urban Governments
5. Launching of Panchayati Raj in India 19. Evolution of Urban Local Governance
6. Santhanam Committee: 1963 20. Constitution 65th Amendment Bill
7. Ashok Mehta Committee: 1977 21. Constitution 73rd amendment Bill and 74th amendment Act
8. G V K Rao Committee: 1985 22. Constitutional Provisions
9. L M Singhvi Committee: 1986 23. 12th Schedule
10. 64th Amendment Bill Constitution Part IXB: Cooperatives
11. 72nd Amendment Bill and 73rd Amendment Act 24. Introduction
12. Salient features 25. Constitution 97th Amendment Act
13. Constitutional Provisions: Article wise 26. Salient features Part IXB
14. Analysis of Constitutional Provisions 27. Implications
A society which gives to itself a robust local government and an independent judiciary is apt to be democratic in
its behaviour regardless of the form of constitutional arrangement that is adopted. Part IX and IXA of the
Constitution of India deal with the local governments. The local governments in India can be divided into two
wings viz. Rural Local Government and Urban Local Government. The Constitution 97th Amendment Act has
added a new part IXB in the constitution which deals with cooperatives.
Constitution Part IX : Panchayats
Despite the fast rate of urbanization, India continues to be predominantly rural. While in 1901, the rural
population of India constituted 89 percent of the total population its share in 2011 is nearly 61.3 percent, which
in absolute numbers would be as large as nearly 74.25 crores.
Why a strong Rural Government is needed?
Rural progress is a pre-condition for urban happiness. The presently disturbing pace of rural migration to cities and
towns is a direct consequence of neglect of rural India. This must be checked even in the interest of urban
dwellers. The slums and over-crowding which are presently disfiguring all major cities in India, makes a strong
rural local government very essential for the happiness and integrity of the whole society including the urban one.
Decentralization – The core Philosophy of democratic governance
A strong, vibrant local government is a means of political decentralization. There are several advantages of the
Decentralization. Decision-making being closer to the people, decentralization ensures decision-makers more
effective accountability to the governed. This also ensures more realistic programming, for local problems are apt
to receive urgent attention. Local vigilance also increases; thereby reducing the room for corruption. This
certainly goes a long way towards maximising returns on every rupee spent on development. These are some of
the tangible advantages of decentralization.
The Community Development Programme
On 15 August 1947, India got an opportunity of redeeming the pledges made to the people during the long-drawn
freedom movement. Among the first tasks that India had to assume was the formulation and execution of the first
five year plan in the fifties.
Post Independence, the first major development programme launched in India was Community Development
Programme in 1952. Core philosophy was overall development of rural areas and people’s participation.
• This programme was formulated to provide an administrative framework through which the government
might reach to the district, tehsil / taluka and village level.
• All the districts of the country were divided into "Development Blocks" and a "Block Development Officer
(BDO)” was made in charge of each block.
• Below the BDO were appointed the workers called Village Level Workers (VLW) who were responsible to
keep in touch with 10-12 villages. So, a nationwide structure was started to be created.
• Thousands of BDOs and VLW's were trained for the job of carrying out array of government programmes
and make it possible to reach the government to villages. Top authority was "Community Development
Organization" and a Community Development Research Center was created with best academic brains of
the country at that time.
This programme was not successful. It’s failure was directly attributed to inadequacy of avenues of popular
participation in local level programmes of rural development. This was the finding of the team for the study of
community projects and national extension service under the chairmanship of Balwant Rai Mehta, reporting in
1959.
Balwant Rai Mehta Committee Report
As we read above, the Community Development Programme was formulated to provide an administrative
framework through which the government might reach to the district, tehsil / taluka and village level. All the
districts of the country were divided into “Development Blocks” and a “Block Development Officer (BDO)” was
made in charge of each block. Below the BDO were appointed the workers called Village Level Workers (VLW)
who were responsible to keep in touch with 10-12 villages. So, a nationwide structure was started to be created.
Thousands of BDOs and VLW’s were trained for the job of carrying out array of government programmes and
make it possible to reach the government to villages. Top authority was “Community Development Organization”
and a Community Development Research Center was created with best academic brains of the country at that
time.
• But this programme could not deliver the results. The programme became an overburden on the
Government.
• Further, in 1953, the National Extension Services were started under which the entire country was
divided into Blocks. These Blocks were envisaged as smallest division for development work.
In 1957, the Balvant Rai Mehta Committee was appointed to study the Community Development
Programmes and National Extension Services Programme especially from the point of view of assessing the
extent of people’s participation and to recommend the creation of the institutions through which such
participation can be achieved.
Balwant Rai Mehta was one of the legendry freedom fighters of the country who participated in the Bardoli
Satyagraha. He is best known as second Chief Minister of Gujarat. Balwant Rai Mehta was a parliamentarian
when the committee was established.
• He is credited for pioneering the concept the Panchayati Raj in India and also known as Father of
Panchayati Raj in India.
Following were the landmark recommendations of the Balwant Rai Mehta Committee:
• Panchayati Raj Institutions should be composed of elected representatives and should enjoy enough
autonomy and freedom.
• The Balwant Rai Mehta committee recommended a 3-tier Panchayati Raj System which includes
o Zila Parishad at the District Level
o Panchayat Samiti at the Block/ Tehsil/ Taluka Level
o Gram Panchayat at the Village Level
• But the committee did not insisted on a rigid pattern. It recommended that the states should be given
freedom to choose and develop their own patterns as per the local conditions. The committee
recommended that the above 3 tiers should be organically linked together through an instrument of
indirect election.

• The committee recommended that the Gram Panchayats should be constituted with directly elected
representatives, whereas the Panchayat Samiti and Zila Parishad should be the constituted with indirectly
elected members.
• The status of the Panchayat samiti should be of that of an executive body, while the status of the Zila
Parishad should be that of an advisory body.
• The Zila Parishad should be chaired by the District Collector.
• These democratic bodies must be given genuine powers.
• These bodies should be given adequate resources to carry out the functions and fulfill the responsibilities.
Thus we see, that most of the recommendations of the Balwant Rai Mehta committee reflect in the Panchayati Raj
institutions, as we see them today.
Launching of Panchayati Raj in India
The Balwant Rai Mehta report was greeted very warmly, and Panchayati raj was introduced with great fanfare all
over the country. The committee recommended a three-tier system of rural local government, which is called
panchayat raj. The principal thrust of the Mehta report was on the decentralization of democratic institutions in
an effort to shirt decision centres closer to the people to ensure their participation, and to put the bureaucracy
under local popular control.
The recommendations of the Balwant Rai Mehta committee were accepted by the National Development
Council in 1958 and subsequently Rajasthan in 1959 became the first state in India to launch the Panchayati Raj.
• The institution of Panchayati Raj was inaugurated by Jawahar lal Nehru on October 2, 1959 in Nagaur
District of Rajasthan.
• 9 days later, Andhra Pradesh became the second state to launch Panchayati Raj at Shadnagar near
Hyderabad
The launch of the Panchayati Raj institutions was a thumping success and soon the states started adopting the
institutions. This continued for 5-6 years and after that the institutions started crippling due to lack of resources,
political will, and bureaucratic apathy and change the government priorities. The rural elites dominated the system
and the benefit of the development schemes was not able to reach to the last corner of the country. The legitimacy
of the Panchayati Raj institutions came under questions. There was not much development in this site until the
Congress was thrown out of center and Janta Government came in 1977. However, before that there are some
efforts in the form of committees were done to make the system more efficient.
Santhanam Committee: 1963
The Balwant Rai Mehta Committee was followed by the Santhanam Committee. This committee was formed by
the Government of India to solve the following important practical questions.
• How and in what ratio, the revenues should be handed over to PRIs?
• What should be the criteria of sanction of grants to them by State Government
• What should be the status of the Financial Relations between the different levels of PRIs?
So, in a nutshell, the Santhanam Committee's scope of study was the financial matters of the PRIs. The
important recommendations this committee made are as follows:
• The Panchayati Raj Finance Corporations should be established.
• All the grants at the state level should be sent in a consolidated form to various PRIs
• Panchayats should have power to levy special tax which should be based upon the land revenue and
house tax etc.
We see that Santhanam Committee gave some practical recommendations to matters of financial relevance. There
was one more major issue of implementation of PRIs. This was – what should be the point of decentralization?
Should it be a Tehsil / Taluka/ block or a District? IfFacebook
it is a district, then what
Group: would
Indian be the relevancy
Administrative of the (middle
Service Raz Kr)
tier of Panchayat Samitees? If it is to be a tehsil / Taluka/ block, then how the effective decentralization can take
place looking at vastness of the country?
Two more committees’ viz. the Ashok Mehta committee on Panchayati Raj institutions and the G.V.K. Rao
committee on administrative arrangements for rural development and poverty alleviation programmes
supported that "district" is the most appropriate point for effective point of decentralization.
Ashok Mehta Committee: 1977
One of the major issues in context with the PRIs was that it got dominated by the privileged section of the village
society. In December 1977, the Janta Government appointed a 13 member committee which was headed by Mr.
Ashok Mehta. The committee was appointed for following:
• What are the causes responsible for poor performance of the PRIs?
• What measures should be taken to improve performance of the PRIs?
The Ashok Mehta committee submitted its report in 1978 and made more than 130 recommendations. The
essence of Ashok Mehta Committee recommendations is as follows:
• 3-tier should be replaced by the 2-tier system. The upper tier would be the Zila Parishad at the district
level and lower tier should be the Mandal Panchayat, which should be a Panchayat of group of villages
covering a population of 15000 to 20000.
• The committee recommended that the base of the Panchayati Raj system should be a Mandal Panchayats.
Each Mandal panchayat should contain 15 members directly elected by the people. The head of the
Mandal Panchayat should be elected among the members themselves.
• Zila Parishad should be the executive body and made responsible for planning at the district level. The
Zila Parishad members should be elected as well as nominated. The MLA and MPs of the area should have
the status of Ex-officio chairmen of the Zila Parishads. Development functions should be transferred to the
Zila Parishad and all development staff should work under its control and supervision.
Thus, we see that the Ashok Mehta Committee recommended abolishing the middle trier i.e. Blocks as unit of
administration. It recommended that the district should be the first point for decentralization under popular
supervision below the state level.
• In the matters of Finance, the committee said that compulsory items of taxation should be put under the
jurisdictions of the Zila Parishads so that they are able to mobilize their own financial resources.
• The committee recommended that there should be regular audit at the district level and a committee of
legislatures should check whether the funds allotted for the vulnerable social and economic groups are
actually spent on them.
• One more important recommendation of this committee was that there should be Nyaya Panchayats as
separate bodies from that of development Panchayats. The Nyaya Panchayats should be presided over
by a qualified judge.
• It was the Ashok Mehta Committee that recommended that there should be a minister for Panchayati
Raj in the state council of ministers to look after the affairs of the Panchayati Raj institutions.
In summary, the democratic decentralization initiated by the Balwant Rai Mehta Committee were taken forward
by the Ashok Mehta Committee. But before any action could be taken on the recommendations of this committee,
the Janta Government collapsed. So, the zeal to implement the recommendations got wiped out. However, West
Bengal and Karnataka were two states that took initiatives on the basis of recommendations of the Ashok Mehta
Committee.
• As per the recommendations the Karnataka Government passed the Karnataka Zilla Parishads, Taluk
Panchayat Samitis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (Karnataka Act 20 of 1985)
The Ashok Mehta committee noted that except the states of Maharastra and Gujarat, the PRIs were not given an
opportunity to take up implementation at a satisfactory level. The Zila Parishads were not relevant in the
implantation of several Government programmes which ought to implement at the grass root level. Committee
noted that the bureaucracy was also responsible for the decline for particularly two reasons:
• The officers felt that they are primarily accountable to the State Governments.
• They were not able to adjust to the working under the supervision of the elected representatives.
G V K Rao Committee: 1985
The Ashok Mehta Committee was followed by GVK Rao Committee in 1985. This committee was appointed prior
to the 7th Five Year Plan, to recommend on an integrated concept for growth and poverty alleviation. The
committee had the following tasks:
• Examine the existing administration structure for rural development and detail out the functions and
revenue resources of the PRIs
• Recommend the administrative arrangements for rural development and poverty alleviation
programmes.
• Recommend on revitalizing the PRI.
The essence of the recommendations of the GVK Rao Committee is as follows:
• The district level Zila Parishad should be the basic unit for policy planning and programme
implementation. The Zila Parishad should be the pivotal body for the scheme of the democratic
decentralization.
• The State level planning functions should be transferred to the Zila Parishad for effective decentralized
planning.
So, in a nutshell, the GVK Rao committee was of the view of making the district as the pole of democratic
centralization. The committee also recommended that a post of District Development Commissioner should
be created, who would work as the CEO of the Zila Parishad.
• The District Development Commissioner should be the in charge of all the developmental departments at
the district level.
This was a big deviation from the previous committees which recommended the lower bodies as bases and
assigned the major role to the Panchayats and Mandal Panchayats in the development. Next year, report of one
more important committee came out.
L M Singhvi Committee: 1986
A year after the GVK Rao committee, the Government of India set up Dr. L M Singhvi Committee. The prime
minister was Rajiv Gandhi. The LM Singhvi Committee was of the view that the Panchayati Raj Institutions
declined in the country because of -
• Absence of a clear concept
• Absence of political will
• Lack of Research, evaluation and monitoring.
The committee was in favour of making ways for the PRIs to ensure the availability of the enough financial
resources.
• The LM Singhvi Committee is best known for recommending the constitutional status for Panchayats.
• This was virtually the first committee after decades of India’s experiments with the decentralization
which found the "Gram Sabhas" as the "incarnation of the direct democracy".
Here are the notes from its recommendations:

• The PRIs should be recognized, protected and preserved constitutionally. A new chapter should be added
in the Constitution of India which should enshrine the provisions to ensure free, regular and fair elections
in the PRIs.
• For revenue procedures, the Singhvi Committee was
Singhvi Committee versus Sarkaria Commission
of the view that there should be optional and The above recommendations of the Singhvi Committee,
though revolutionary, were opposed by the Sarkaria
compulsory levies which should be entrusted to the Commission on Centre-State Relations, which submitted its
report in 1988. This commission was of the view that
PRIs. For initial years, the state government may enacting any law on the Panchayats is exclusive power
vested in the states and rather than adding a new chapter
levy on behalf of the PRIs and disburse money to in the Constitution, there should be a uniform law,
applicable throughout India. A model bill can be drafted on
them. This disbursement should be based upon the the basis of consensus among all the state at the level of
Interstate Council.
recommendations of the State Finance
Commissions.
• For Jurisdiction of the PRI's, Nyaya Panchayats should be established for a cluster of villages.
• Gram Sabha is the embodiment of the direct democracy and the village Panchayats should be more
organized. Gram Sabha should be given importance.
• The Singhvi Committee also recommended establishment of the Judicial Tribunals in the states which
would tackle the controversies regarding the elections to the Panchayati Raj institutions.
64th Amendment Bill
Despite the contradictory view of the Sarkaria Commission,
The Constitution 64th amendment bill 1989 was passed by
the government had zeroed in on giving constitutional the Lok Sabha but was rejected in Rajya Sabha. This bill
had provided for constitution of Panchayats in every state
protection to the PRIs. In this regard, the 64th amendment at the village level, intermediate and district level, except
for those states which have a population of less than 20
bill was introduced in the parliament by Rajiv Gandhi Lakhs. But this bill gave the centre much more powers than
the present 73rd amendment act. The 72nd amendment bill
Government on 15 May 1989. The bill got lapsed because it (73rd amendment act) got passed by almost unanimously,
because of its novel features.
could not pass in Rajya Sabha. This was on 15 October
1989. On 27 November 1989, the tenure of the Rajiv Gandhi government ended and elections were held. Rajiv
Gandhi lost the elections, and the result was a minority government under V.P. Singh and the National Front. This
was the first minority government, since 1947, with the help of the Left Parties and Bharatiya Janta Party, who
supported the government from outside.
74th amendment Bill
The VP Singh Government introduced the 74th Constitutional Amendment Bill on September 7, 1990. This bill
also got lapsed because the minority Government of VP Singh collapsed leading to dissolution of the Lok Sabha.
72nd Amendment Bill and 73rd Amendment Act
The 72nd amendment Bill was enshrining a comprehensive amendment of the Constitution and was introduced
on 10th September, 1991 by G. Venkat Swamy. The bill was passed in the Lok Sabha on December 22, 1992 and
the Rajya Sabha on December 23, 1992. After having been ratified by 17 state assemblies this bill came into effect
as Constitution 73rd Amendment Act 1993 w.e.f April 24, 1993.
• Thus, April 24, 1993 became the landmark day in the history of Panchayati Raj in India.
• By this amendment act, a new Part IX was inserted in the Constitution of India enshrining the provisions
for the Panchayats. Here please note that Original part IX was repealed by one the amendments of the
constitution.
• Constitution (Seventy Forth Amendment) Act, 1992 has introduced a new part Part IXA in the
Constitution, which deals with Municipalities.

Salient features of 73rd Amendment
• The 73rd Constitution Amendment and the Part IX of the constitution have incorporated the concept of
Gram Sabha. It says that there shall be a Gram Sabha in each village which would exercise the powers
and performs functions at the village level as the “State legislature may provide by law”
• Part IX provides for a 3 tier Panchayat system, which would be constituted in every state at the village
level, intermediate level and district level. This provision brought the uniformity in the Panchayati Raj
structure in India. However, the states which were having population below 20 Lakh were given an
option to not to have the intermediate level.
• The elections for Panchayats would be held regularly at every 5 years. While the elections in respect with
all the members to Panchayats at all levels would be direct, the elections with respect to the post of chairman
at the intermediate level and district level would be indirect. How the chairman of the village level
Panchayat has to be elected, that is the question left open to the State Governments to decide.
• In case there is any supersession, elections should be completed before the expiry of the 6 months from
the date of dissolution.
• The power to authorize the Panchayats to levy appropriate suitable local taxes and to provide grant in aid
to the Panchayats from the Consolidated Fund of State, has been vested in the State Government.
• The Finance Commissions of the State are to be appointed to review the financial position of the
Panchayats and make suitable recommendations to the states on the distribution of funds between the
state and the local bodies.
• The Panchayats that were constituted before commencement of this amendment would continue to exist
unless dissolved otherwise.
• This amendment act mandated the state Governments to make suitable amendments to their own
Panchayat acts as to conform the provisions of the Constitution of India.
Constitutional Provisions: Article wise
Article 243
• "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village
comprised within the area of Panchayat at the village level;
• "intermediate level" means a level between the village and district levels specified by the Governor of a
State by public notification to be the intermediate level for the purposes of this Part;
• "Panchayat" means an institution (by whatever name called) of self-government constituted under article
243B, for the rural areas;
• "Panchayat area" means the territorial area of a Panchayat;
• "population" means the population as ascertained at the last preceding census of which the relevant
figures have been published;
• "Village" means a village specified by the Governor by public notification to be a village for the purposes
of this Part and includes a group of villages so specified.
Article 243 A
• There shall be a gram Sabha in each village which would exercise the powers and performs functions at
the village level as the “State legislature may provide by law”
Article 243 B
• This article provided for a 3 tier Panchayats, which would be constituted in every state at the village level,
intermediate level and district level. The states which were having population below 20 Lakh were given
an option to not to have the intermediate level.

Article 243 C
• Article 243 C deals with the composition of the Panchayats. The members of the Panchayat (This means
Panch) at all levels are to be chosen from by the instrument of direct election from the territorial
constituency in the Panchayat area.
• The electorate for this purpose is the Gram Sabha. This means that the persons who are registered in the
electoral rolls pertaining to a village within the area of Panchayat are the eligible to vote.
• The mode of election of the chairperson at the village level (This means Sarpanch) has been left to the
State Governments to decide.
• Election of the chairpersons at the district levels is indirect and as per the law passed by the state
assembly/ state government.
Article 243 D
Article 243D makes provisions for the Reservation in the Panchayats. As per this article:
• The seats are to be reserved for SCs and STs in proportion to their population at each level.
• Out of the Reserved Seats, 1/3rd have to be reserved for the women of the SC and ST.
• Out of the total number of seats to be filled by the direct elections, 1/3rd have to be reserved for women.
The reserved seats may be allotted by rotation to different constituencies in the Panchayat.
• The State by law may also provide for reservations for the offices of the Chairpersons.
Article 243 E:
• Article 243E makes provisions about the duration of the Panchayats. As per this article, a clear term for 5
years has been provided for the Panchayats and elections must take place before the expiry of the terms.
• However, the Panchayat may be dissolved earlier on specific grounds in accordance with the state
legislations. In that case the elections must take place before expiry of 6 months of the dissolution.
Article 243F
• Article 243F makes provisions for disqualifications from the membership. As per this article, any person
who is qualified to become an MLA is qualified to become a member of the Panchayat, but for Panchayat
the minimum age prescribed is 21 years.
• Further, the disqualification criteria are to be decided by the state legislature by law.
Article 243G
• Article 243G makes the provisions with respect to the Powers, authority and responsibilities of
Panchayats. This article says that the State legislatures may by law, can confer the powers and authorities
on the Panchayats, so that they can perform the functions of the self Governance.
• The responsibilities of the Panchayats cover preparing the plans for economic development and social
justice, implementations of these plans.
• Please note that Constitution 73rd amendment act, inserted 11th schedule in the Constitution. This 11th
schedule enshrines the distribution of powers between the State legislature and the Panchayats.
These 29 matters are as follows:
1. Agriculture, including agricultural extension. 8. Small scale industries, including food processing
2. Land improvement, implementation of land reforms, industries.
land consolidation and soil conservation. 9. Khadi, village and cottage industries.
3. Minor irrigation, water management and watershed 10. Rural housing.
development. 11. Drinking water.
4. Animal husbandry, dairying and poultry. 12. Fuel and fodder.
5. Fisheries. 13. Roads, culverts, bridges, ferries, waterways and
6. Social forestry and farm forestry. other means of communication.
7. Minor forest produce. 14. Rural electrification, including distribution of
electricity.
15. Non-conventional energy sources. 23. Health and sanitation, including hospitals, primary
16. Poverty alleviation programme. health centers and dispensaries.
17. Education, including primary and secondary 24. Family welfare.
schools. 25. Women and child development.
18. Technical training and vocational education. 26. Social welfare, including welfare of the handicapped
19. Adult and non-formal education. and mentally retarded.
20. Libraries. 27. Welfare of the weaker sections, and in particular, of
21. Cultural activities. the Scheduled Castes and the Scheduled Tribes.
22. Markets and fairs. 28. Public distribution system.
29. Maintenance of community assets.
Article 243H
• As per article 243H, the state legislature can authorize the Panchayats to collect and appropriate suitable
local taxes and provide grant in aids to the Panchayats from the Consolidated Funds of the states.
Article 243I
• As per article 243I, within One Year from the commencement of Constitution 73rd amendment act, (This
means April 24, 1993) and afterwards every 5 years , the State Government would appoint a finance
commission, which shall review the financial position of the Panchayats and to make recommendation on
the following:
o The Distribution of the taxes, duties, tolls, fees etc. levied by the state which is to be divided
between the Panchayats.
o Allocation of proceeds between various tiers.
o Taxes, tolls, fees assigned to Panchayats
o Grant in aids.
This report of the Finance Commission would be laid on the table in the State legislature.
Article 243J
• Article 243J vests the power of the audit of accounts of the Panchayats to the state Government which can
make provision in this regard by suitable enactment.
Article 243K
• Article 243K enshrines the provisions with respect to elections of the Panchayats. This article provides for
constitution of a State Election Commission in respect of the Panchayats. This State Election Commission
would have the power to supervise, direct and control the elections to the Panchayats and also prepare
the electoral rolls.
• The article maintains the independence of the election commission by making provisions that the election
commissioner of this commissioner would be removed only by manner and on same grounds as a Judge of
the High Court.
• If there is a dispute in the Panchayat elections, the Courts have NO jurisdiction over them. This means that
the Panchayat election can be questioned only in the form of an election petition presented to an authority
which the State legislature by law can prescribe. (Important)
• The election commissioner for this reason is to be appointed by the Governor. The terms and conditions
of the office of the Election commissioners have also to be decided by the Governor.
Article 243 L
• Article 243L makes provisions for applications of these provisions to the Union Territories. This article
says that the provisions of Panchayats shall be applicable to the UTs in same way as in case of the states
but the President by a public notification may make any modifications in the applications of any part.
Article 243 M
The provisions of these articles are NOT applicable to the following:
• Entire states of Nagaland, Meghalaya and Mizoram
• Hill areas in the State of Manipur for which District Councils
• Further, the district level provisions shall not apply to the hill areas of the District of Darjeeling in the
State of West Bengal which affect the Darjeeling Gorkha Hill Council.
• The reservation provisions are not applicable to Arunachal Pradesh.
Article 243 N
• This article provides that any provision of any law relating to Panchayats in force in a State immediately
before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is
inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a
competent Legislature or competent authority.
Article 243 O
• This article bars the courts to interfere in the Panchayat Matters.
• The validity of any law relating to the delimitation of constituencies or the allotment of seats to such
constituencies can not be questioned in a court.
• The validity or any other question pertaining to elections in panchayats can not be asked in court and
only via a election petition.
Analysis of Constitutional Provisions
We see that the Constitution of India has established a grass root democracy in India. But merely by enacting
legislation the problems are NOT solved. The 73rd amendment act ensures the participation of the poorest of the
poor in the process of development, but still it is doubtful.
• The positive impact of the 73rd Amendment in rural India is clearly visible as it has changed power
equations significantly. Elections to the Panchayats in most states are being held regularly. Through over
600 District Panchayats, around 6000 Intermediate Panchayats and 2.3 lakh Gram Panchayats, more than
28 lakh persons now have a formal position in our representative democracy.
• Still, this bill lacks the proper definition of the role of the bureaucracy. It does not clearly define the role of
the state government. As per the provisions of article 243N, states except Madhya Pradesh did not show
any urgency in organizing the elections at state level.
• On practical level, people are illiterate in India and they are actually not aware of these novel features.
The Panchayats are dominated by effluents in some parts of the country. The 3 tiers of the Panchayati Raj
have still very limited financial powers and their viability is entirely dependent upon the political will of
the states.
Recommendations of 13th Finance Commission
13th Finance Commission has pushed for greater autonomy for local governments by vesting spending power in
their hands instead of the state, while increasing their non-plan expenditure from Rs 20,000 crore to Rs 63,000
crore. The money is to be distributed among local bodies in the next five years, which amounts to Rs 12,000 crore
per year or Rs 4 lakh per Panchayat.
• The non-plan expenditure is the money which is not tied to any scheme. As per the report of the 13th
Finance Commission the Panchayats and urban bodies have not been able to use draw the amounts
allocated to them. As per the report the funds are not released until the all Panchayats in a district submit
progress reports. If some of them don't submit reports, all other Panchayats cannot continue to work.
• The 13th Finance Commission has also recommended that the finance accounts should include a separate
statement indicating head-wise details of actual expenditures under the same heads as used in the budget
for both Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs).

Reservation for Women in PRIs: Constitution 110th Amendment Bill
In august 2009, the government had approved a proposal to increase reservation for women in Panchayats to
50 per cent.
Article 243D of the Constitution provides that a minimum of one-third of the total number of seats filled by direct
elections in the Panchayats shall be reserved for women. The seats may be allotted by rotation to different
constituencies in a Panchayat.
The Constitution 110th Amendment bill proposes to amend Article 243(D) of the Constitution to enhance reservation
for women in Panchayats at all tiers from the current one-third to at least 50 per cent. Enhancement of reservation
for women in Panchayats will facilitate more women to enter the public sphere and this will lead to further
empowerment of women and also make Panchayats more inclusive institutions, thereby improving governance
and public service delivery. The bill is still pending.
Constitution Part IXA: Municipalities
Introduction
There was no clear cut Constitutional obligation in the Original Constitution of India, as far as Local Self
Government in urban areas is concerned. The article 40 of the Directive Principles of State Policy refers to Village
Panchayats. In the Constitution there was a reference to municipalities implicitly in Entry-5 of the State List (7th
schedule) which places the subject of Local Self Government as a responsibility of the States.
Entry-5 of the State List is as follows:
“Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district
boards, mining settlement authorities and other local authorities for the purpose of local self-Government or village
administration”
Further entry 20 of the concurrent list reads that "economic and social planning, Urban Planning would fall
within the ambit of both entry 5 of the State List and Entry 20 of the concurrent list".
In summary, we can say that there was an inadequate Constitutional Provision for the Urban Local self
government.
Major problems of Local Urban Governments
The local governments have been at the mercy of the State legislatures till 1993, and in most states the local
governments did not exist at all. Though, there were municipal acts of some of the State Governments and these
acts had provisions for regular elections to municipal bodies, but they were frequently suspended and superseded
for indefinite periods of time. This eroded the basis of the local self government and there was a negative impact
in the democracy in the country on the grassroots level.
The main problems of the urban bodies were as follows:
• The general position with regard to financial resources of the municipal bodies was unsatisfactory.
• Consistent encroachment on the assigned functions and revenues of Urban Local Bodies by specialized
agencies of the State Governments.
• The need was to ensure that there are:
• Regular and fair conduct of elections to municipalities.
• Time limit to elections in case of supersession.
• Adequate representation of the backward classes.
• Clear demarcation of the relationships with the state governments with respect to functions and taxation
powers of the urban local bodies, Arrangement for revenue sharing between the State Government and
the urban local bodies and involvement of elected representatives at grass root level in planning at the
district and metropolitan levels.

Evolution of Urban Local Governance
• In 1687, India’s first Municipal Corporation was set up Madras, with the major objective to levy certain
direct taxes and to provide certain amenities like education, cleaning of roads etc.
• This corporation was substituted by a Mayor’s court in 1726 to collect taxes for provision of the local
amenities. The mayor’s courts were also established in Bombay and Calcutta, (however they lasted till
1842).
• In 1850, a new act viz. Improvements in Towns Act was passed by the Government of India which
extended the local self Government to the whole of the British india
• In 1850, an act was passed for British India permitting the formation of the local committees to make
better provisions for public health.
• In 1863, as per a report of the Royal Army Sanitary Commission, which pinpointed the insanity of the
India Towns, a series of acts were passed. This report led to establishement of the city municipalities
through Mayo’s resolution in 1870.
• In 1870 Lord Mayo's resolution made provisions for arrangements for strengthening the municipal
institutions and increasing the involvement of Indians in these bodies.
• Lord Ripon's resolution of May 18, 1882 got him the title of Father of Local Self Government in India.
• By the Lord Ripon’s resolution of 1882, British Government made attempts to divide the functions
between the provincial Government and Local bodies themselves.
• Subsequently, the Royal Commission on decentralization was set up in 1907.
• The Montague Chelmsford Report of 1918, and the subsequent Government of India Act 1919 introduced
the system of Dyarchy in India.
• For the smaller cities, Municipalities were formed and for bigger cities Municipal Corporations were
formed. The Municipalities were headed by a Chairman while the Municipal Corporations were headed by
the Mayor.
• The Local Finance Enquiry Committee of 1949 recommedned the widening of the domain of the taxation
of the urban bodies.
• In 1954, the taxation Enquiry Commission recommended the segregation of certain taxes for exclusive
utilization by local governments.
• In 1966, the rural urban relationship committee submitted a report which was one of the most
comprehensive reports on this subject matter.
• In 1966, the Urban development department was shifted to the Ministry of Works and Housing and it was
renamed as Ministry of Planning, Works, Housing and Urban Development.
• In 1985, Ministry of urban Development was set up at the Union level.
• In 1988, the Government set up a National Commission on Urbanization under C.M. Correa, which
recommended that the Ministry of Urban Development should be restructured and made the nodal
ministry for urban development. The Correa committee also recommended formulation of the
urbanization policies and monitoring their implementation.
Constitution 65th Amendment Bill
The 65th amendment bill (also known as Nagar Palika Bill) was brought by the Rajiv Gandhi Government, with
an objective to ensure the municipal bodies being vested with necessary powers and removing the financial
constraints to enable them to function effectively as units of local Government. In this bill, 3 types of Nagar Palika
were enshrined as follows:
• For population between 10,000 to 20,000 : a Nagar Panchayat
• Facebook
For urban areas with population between 20,000 Group:
to 3,00,000 Indian Administrative
: Municipal Council Service ( Raz Kr)
• For urban areas exceeding the population of 3, 00,000: Municipal Corporations.
This bill was passed in Lok Sabha and was defeated in the Rajya Sabha.
Constitution 73rd amendment Bill and 74th amendment Act
Constitution (73rd Amendment) Bill was introduced in the Parliament in 1991. It received the assent of President
on 20th April, 1993. It was published in the Government Gazette on 20th April, 1993 as the “Constitution
(Seventy Forth Amendment) Act, 1992”. Constitution (Seventy Forth Amendment) Act, 1992 has introduced a
new Part IXA in the Constitution, which deals with Municipalities. The 74th amendment act 1992 is also known as
Nagarpalika Act.
Constitutional Provisions
The 74th Constitution Amendment Act 1992 came into force on 1st June 1993.
This amendment introduced a new Part IXA in the constitution, which deals with the issues related to the
municipalities. This part contains article 243 P to 243 ZG.
Article 243 P
• Article 243P defines some terms such as committee, districts, Metropolitan Area etc.
• We all know that Metropolitan area in the country is an area where population is above 10 Lakh. This is
defined by Article 243P of the Constitution of India.
Article 243Q: Types of the Municipalities
Article 243Q provides for establishment of 3 kinds of Municipalities of every state.
1. Nagar Panchayat: A Nagar Panchayat is for those areas which are transitional areas i.e. transiting from
Rural Area to Urban areas. The question is that who will decide about the "a transitional area", "a smaller
urban area" or "a larger urban area"? Constitution of India (Article 243Q) has the provision that "Governor"
will by public notice, will define these three areas based upon the population, density of population, revenue
generated for local administration, % of employment in Non-agricultural activities and other factors.
Further, a Governor may also if, he fits it necessary, based upon the industrial establishments, can specify the
Industrial Townships by public notice.
2. Municipal Council: A Municipal council is for smaller urban area
3. Municipal Corporation: A municipal Corporation for Larger urban Areas
Article 243R: Composition of Municipalities
• As per Article 243R, all the members of a Municipality are to be directly elected by the people of the
Municipal area and for the purpose of making the electorate; the municipal area will be divided into
territorial constituencies known as Wards.
• Besides the seats filled by direct elections, some seats may be filled by nomination of persons having
special knowledge and experience in municipal administration.
• Persons so nominated shall not have the right to vote in the meetings of the municipality.
• The Legislature of a State may, by law, also provide for the representation in a municipality of members of
the House of the People and the members of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly the Municipal area and also the Members of the Council of
States and the members of the Legislative Council of the State registered as electors within the municipal
area.
• The manner of election of Chairpersons of municipalities has been left to be specified by the State
Legislature.
Article 243S: Ward Committees
• Article 243S makes the provision that there shall be constituted the ward committees consisting of one or
more wards within the territorial area of all the municipalities with a population of 3 Lakhs or more.

Article 243T: Reservation of Seats:
• In order to provide for adequate representation of SC/ST and of women in the municipal bodies, Article
243S makes provisions for reservation of seats.
• The article provides that reservation of the seats for the Scheduled castes and scheduled tribes in every
municipality corporation has to be provided in proportion to their population to the total population in
the municipal area.
• The proportion of seats to be reserved for SC/ST to the total number of seats has to be same as the
proportion of the population of SC/ST in the municipal area.
• The reservation has to be made for only those seats that are to be filled by the direct elections. (This
means no reservation for nominated seats)
• This article also provides that not less than one-third of the total number of seats reserved for SC/ST shall
be reserved for women belonging to SC/ST. (Mandatory provision)
• In respect of women, the seats shall be reserved to the extent of not less than one-third of the total
number of seats. This includes seats reserved for women belonging to SC/ST. These reservations will
apply for direct elections only. (Mandatory provision)
• There are no bar on State Legislatures from making provisions for reservation of seats in any municipality
or office of Chairperson in the municipalities in favour of backward class of citizens. (Optional
Provision)
Article 243U: Duration of Municipalities
• Article 243U fixes the duration of the municipality of 5 years from the date appointed for its first meeting.
• Elections to constitute a municipality are required to be completed before the expiration of the duration
of the municipality.
• If the municipality is dissolved before the expiry of 5 years, the elections for constituting a new
municipality are required to be completed within a period of 6 months from the date of its dissolution.
• Article 243V: Disqualifications of the members
• Article 243V is disqualified for being chosen as or for being member of the Municipality if he / she is
disqualified
• Under any law for the time being in force for the purpose of elections to the legisalture to the state
concerned.
• Under any law made by the legislature.
• The minimum age to be qualified as a member is 21 years.
Article 243W: Powers, authorities and responsibilities.
• As per Article 243 W, all municipalities would be empowered with such powers and responsibilities as
may be necessary to enable them to function as effective institutions of self-government.
• The State Legislature may, by law, specify what powers and responsibilities would be given to the
municipalities in respect of preparation of plans for economic development and social justice and for
implementation of schemes as may be entrusted to them.
• An illustrative list of functions that may be entrusted to the municipalities has been incorporated as the
Twelfth Schedule of the Constitution.
Article 243X: Financial Powers
• Via Article 243X, the constitution has left it open to the Legislature of a State to specify by law matters
relating to imposition of taxes. Such law may specify:
• Taxes, duties, fees, etc. which could be levied and collected by the Municipalities, as per the procedure to
be laid down in the State law
• Taxes, duties, fees, etc. which would be levied and collected by the State Government and a share passed
on to the Municipalities
• Grant-in-aid that would be given to the Municipalities from the State
• Constitution of funds for crediting and withdrawal of moneys by the Municipality.
Article 243Y: Finance Commission
• Article 243Y makes provision that the Finance Commission constituted under Article 243-I to review the
financial positions of Panchayati Raj Institutions shall also review the financial position of the
municipalities and will make recommendations to the Governor.
• The recommendations of the Finance Commission will cover the following:
• Distribution between the State Government and Municipalities of the net proceeds of the taxes, duties,
tolls and fees to be levied by the State
• Allocation of share of such proceeds between the Municipalities at all levels in the State
• Determination of taxes, duties, tolls and fees to be assigned or appropriated by the Municipalities
• Grants-in-aid to Municipalities from the Consolidated Fund of the State
• Measures needed to improve the financial position of the Municipalities.
Article 243Z: Audit and Accounts
As per article 243Z, the maintenance of the accounts of the municipalities and other audit shall be done in
accordance with the provisions in the State law. The State Legislatures will be free to make appropriate
provisions in this regard depending upon the local needs and institutional framework available for this
purpose.
Article 243ZA: Elections
• Article 243ZA makes the provisions that the superintendence, direction and control of the preparation of
the electoral rolls for, and the conduct of, all elections to the Panchayats and municipalities shall be vested
in the State Election Commissions.
Article 243ZB : Application to Union Territories:
• Article 243ZB makes provisions for applications of these provisions to the Union Territories. This article
says that the provisions of Municipalities shall be applicable to the UTs in same way as in case of the
states but the President by a public notification may make any modifications in the applications of any
part.
Article 243ZC: Not applicability in some areas
• Article 243 ZC says that provisions of part IXA are not applicable to
• Scheduled Areas referred in article 244. These include Assam, Meghalaya, Tripura and Mizoram.
• This part is also not applicable to the area covered under Darjeeling Gorkha Hill Council.
• If the parliament makes any modifications in the scheduled areas , then the same restrictions would apply
to those areas also.
Article ZD: Committee for District Planning
• We have studied in the part IX that Planning and allocation of resources at the district level for the
Panchayati Raj institutions are normally to be done by the Zila Parishad. As per the provisions of the Part
IXA, for urban areas, municipal bodies discharge these functions within their respective jurisdictions.
• However, this gives rise to an important question that at the how the allocation of the funds has to be
made. The Constitution has made provisions of creating two Planning Committees in the state.
• One is District Planning Committee at the district level with a view to consolidating the plans prepared by
the Panchayats and the Municipalities and preparing a development plan for the district as a whole and
the other is a Metropolitan Planning Committee.

• As per Article 243 ZD, there shall be constituted in every State at the district level a District Planning
Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the
district and to prepare a draft development plan for the district as a whole.
• The option of composition and filling the seats has been left open to the states.
• District Planning Committee in preparing the Draft Development Plan shall have regard to:
• Matter of common interest between the Panchayats and the Municipalities including spatial planning
• Sharing of water and other physical and natural resources
• Integrated development of infrastructure and environment conservation
• Extent and type of available resources, whether financial or otherwise.
• The Draft District Development Plan so prepared and recommended by the District Planning Committee
shall be forwarded by the Chairperson of the Committee to the State Government.
Article 243 ZE: Metropolitan Planning Committee:
Article 243 ZE says that there shall be constituted in every Metropolitan area a Metropolitan Planning
Committee to prepare a draft development plan for the Metropolitan area as a whole. So for the areas with a
population of 10 lakhs or more, a Metropolitan Planning Committee shall be constituted for preparing a draft
development plan for the metropolitan area as a whole.
• The composition and filling of seats is open to the State legislatures.
• The Metropolitan Planning Committee shall take into account the following for preparation of the Draft
Development Plan:
• Plan prepared by the Municipalities and the Panchayats in the metropolitan area
• Matter of common interest between the Municipalities and Panchayats including coordinated spatial
plans of the area
• Sharing of water and other physical and natural resources
• Integrated development of infrastructure and environmental conservation
• Overall objectives and priorities set by the Government of India and the State Government
• Extent and nature of investments likely to be made in the metropolitan area by agencies of the
Government
• Other available resources, financial and otherwise.
Implications of 74th Amendment Act:
When we look at the provisions of the Part IXA of our constitution, we can say with confidence that 74th
amendment act 1992 is one of the most important and vital amendments carried out so far in with regard to the
urban development. The act has attempted to make the local bodies stronger, transparent. Here are some notable
implications with regard to this Constitution amendment act:
• The Local Government, which was part of the state list has been added to the concurrent list, thus both State
and Union Governments can make laws on them.
• Due to this amendment, a uniform pattern has emerged all over the country.
• The discretion of the state Governments has been drastically curtailed. The State is now obliged to set up
the Municipalities as per article 243Q.
• The criteria to set up the municipalities have been fixed and now it is more rational and scientific.
• With this act, the district planning has been given the Constitutional Status. Due to this the planning
process itself has changed.
12th Schedule
The Constitution 74th amendment Act 1992 added 12th Schedule in the Constitution. This schedule defines 18
new tasks in the functional domain of the Urban Local Bodies, as follows:
1. Urban planning including town planning. 10. Slum improvement and upgradation.
2. Regulation of land-use and construction of 11. Urban poverty alleviation.
buildings. 12. Provision of urban amenities and facilities such as
3. Planning for economic and social development. parks, gardens, playgrounds.
4. Roads and bridges. 13. Promotion of cultural, educational and aesthetic
5. Water supply for domestic, industrial and aspects.
commercial purposes. 14. Burials and burial grounds; cremations, cremation
6. Public health, sanitation conservancy and solid grounds; and electric crematoriums.
waste management. 15. Cattle pounds; prevention of cruelty to animals.
7. Fire services. 16. Vital statistics including registration of births and
8. Urban forestry, protection of the environment and deaths.
promotion of ecological aspects. 17. Public amenities including street lighting, parking
9. Safeguarding the interests of weaker sections of lots, bus stops and public conveniences.
society, including the handicapped and mentally 18. Regulation of slaughter houses and tanneries.
retarded.
Conclusion
In our country, the urban population is about 28.61 Crore representing 23.6 per cent of the country’s total
population of 121 Crore. The problems that Urban India faces are similar to those in other developing countries,
with about one-fourth of the urbanites living in slums faced with acute socio-economic deprivation.
The Constitution 74th Amendment Act 1992 has accorded a Constitutional status to the Municipalities as the third
tier of government. The 74th Amendment envisages a legal-institutional framework for democratic
decentralization. It reserves one-third of the seats in municipal councils for women and provides for reservation
for weaker sections of society. It provides for a list of 18 functions as belonging to the legitimate domain of the
municipalities. The Act also suggests a framework for fiscal empowerment and devolution of resources to the
urban local bodies. As regards urban and regional planning, the 74th Amendment envisages a critical role for
elected local bodies in the preparation and implementation of spatial and socio-economic plans for the integrated
development of both urban and rural areas.
Following the 74th Amendment, most cities and towns in the country now have democratically elected and
representative local self-governments. However, the progress in the devolution of functions, finances and
functionaries to municipalities by State Governments is tardy. In particular, how to enable the municipalities to
undertake functions such as slum development and urban poverty alleviation is a key issue that remains to be
settled.
Constitution Part IXB: Cooperatives
Introduction
The cooperative sector has been playing a distinct and significant role in the country’s process of socio-economic
development. The failure of cooperatives in the country is mainly attributable to:
• Dormant membership and lack of active participation of members in the management of cooperatives.
• Mounting overdue in cooperative credit institution
• Lack of mobilisation of internal resources and over-dependence on Government assistance,
• Lack of professional management.
• Bureaucratic control and interference in the management, political interference and over-polarisation
have proved harmful to their growth.
• Predominance of vested interests resulting in non-percolation of benefits to a common member,
particularly to the class of persons for whom such cooperatives were basically formed, has also retarded
the development of cooperatives.

These are the areas which needed to be attended to by evolving suitable legislative and policy support with
proper political will and financial support.
Constitution 97th Amendment Act
The Constitution (Ninety Seventh Amendment) Act 2011 relating to the co-operatives is aimed to encourage
economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure
autonomous and democratic functioning of cooperatives, but also the accountability of the management to the
members and other stakeholders. As per the amendment the changes done to constitution are:-
• In Part III of the constitution, after words "or unions" the words "Cooperative Societies" was added.
• In Part IV a new Article 43B was inserted, which says: The state shall endeavour to promote voluntary
formation, autonomous functioning, democratic control and professional management of the co-operative
societies".
• After Part IXA of the constitution, a Part IXB was inserted to accommodate state vs centre roles.
Salient features Part IXB
• It makes Right to form cooperatives is a fundamental right.
• Reservation of one seat for SC/ST and two seats for women on the board of every co-operative society.
• Cooperatives could set up agency which would oversee election.
• Uniformity in the tenure of Cooperative Board of Directors.
• Provisions for incorporation, regulation and winding up of co-operative societies based on the
principles of democratic process and specifying the maximum number of directors as twenty-one.
• Providing for a fixed term of five years from the date of election in respect of the elected members of the
board and its office bearers;
• Providing for a maximum time limit of six months during which a board of directors of co-operative
society could be kept under suspension;
• Providing for independent professional audit;
• Providing for right of information to the members of the co-operative societies;
• Empowering the State Governments to obtain periodic reports of activities and accounts of co-
operative societies; which have individuals as members from such categories;
• Providing for offences relating to co-operative societies and penalties in respect of such offences.
Implications
• The amendment of the Constitution to make it obligatory for the states to ensure autonomy of
cooperatives makes it binding for the state governments to facilitate voluntary formation, independent
decision-making and democratic control and functioning of the cooperatives.
• It also ensures holding regular elections under the supervision of autonomous authorities, five-year
term for functionaries and independent audit. Significantly, it also mandates that in case the board is
dissolved, the new one is constituted within six months. Such a constitutional provision was urgently
required as the woes of the cooperative sector are far too many, long-lasting and deep-rooted to be
addressed under the present lax legal framework
• However, it fails to establish what constitutional amendments can’t do in reviving institutions and
may be victim of rival political institutions at the state level as happened in case of 73rd amendments. It
is feared that state-level politicians will do to this amendment on cooperatives what they did to the one
on panchayats. Barring exceptions in a few sectors and states, the cooperative sector, particularly
cooperative credit societies numbering over 120 million, has for a long time been in a shambles with all
kinds of vested interests using them as personal fiefdoms and ladders to political power and means of
personal aggrandisement.
Part X-XIV of the Constitution of India
Contents
Part X - THE SCHEDULED AND TRIBAL AREAS 49. Who certifies the net proceeds?
1. What is a Scheduled Area? 50. What is Finance Commission?
2. Why we need scheduled areas? 51. Is parliament directly concerned with the assignment and
3. Why the Scheduled Areas be treated differently? distribution of Income tax?
4. Who declares the scheduled areas? 52. Is Finance Commission Relevant?
5. Who can alter the boundary of a Scheduled Area? 53. Who places the report of Finance Commission in Parliament?
6. On what basis, an area is declared a scheduled area? 54. In whose custody remain the consolidated funds?
7. What is difference between the 5th Schedule and 6th 55. Where is the money of suitors kept?
Schedule? 56. If any property of union lies in a state, can the state impose tax
8. How a scheduled area is administered in any state of India upon it?
other than Meghalaya, Assam, Tripura and Mizoram? 57. Who can impose taxes on Interstate Sales and Purchases?
9. How a scheduled area is administered in Meghalaya, Assam, 58. Can states impose tax on electricity consumed by Railways
Tripura and Mizoram? when they operate therein?
10. Conflict of Part IX and Part X and the PESA Act 1996 59. Did constitution of India continue the pensions and salaries of
11. Why a Conflict between Part IX and Part X? those who worked under Crown in the British Era?
12. What are Salient Provisions of PESA Act? 60. What special Provisions have been made in Constitution of
13. What are Powers and authority of the Gram Sabha and India for Travancore Devaswom Fund?
Panchayats in Scheduled areas? 61. Can governments pledge the Consolidated Funds to borrow
PART XI: RELATIONS BETWEEN THE UNION AND THE money?
STATES 62. All executive contracts of union /states are made in the name of
14. What are the Union, State and Concurrent Lists of 7th President / Governor. Can they be held personally liable for
Schedule? such contracts?
15. Important Observations: 7th Schedule 63. In what name one can sue the Government of India?
16. How part XI is more tilted towards parliament in law making 64. What is the right to property?
powers? PART XIII: TRADE, COMMERCE AND INTERCOURSE
17. How Parliament of India can make laws on State List matters? WITHIN THE TERRITORY OF INDIA
18. What happens when Emergency is in operation? 65. What is the freedom to travel, trade and do business in Indian
19. If both state and parliament make law on a subject, which shall territory?
prevail? 66. Can Government discriminate if some parts of the country are
20. Can states ask the parliament to make laws on State List facing problems of scarcity?
Subjects? 67. Reforms in Centre-State relations
21. Can Parliament make a law for giving effect to international 68. Introduction
treaty? 69. What was the Rajamannar Committee?
22. Which law shall prevail if there is any inconsistency in laws 70. What was Sarkaria commission?
made by parliament and state? 71. What was MM Punchhi Commission?
23. Administrative Relations Between States and Union: Basic Part XIV: SERVICES UNDER THE UNION AND THE STATES
information 72. What are Cadres?
24. How Parliament is superior in Administrative Powers? 73. Does Government of India consult the states for making rules
25. What if a state does not complies with the laws of the for All India Services?
parliament? 74. What is Indian Administrative Service (IAS)?
26. Can Government of India perform legislative and judicial 75. What is Indian Forest Service (IFoS)?
functions in foreign territories? 76. What is Indian Police Service?
27. What are constitutional provisions in context with Riparian 77. Do the provisions of Part XIV apply to Jammu & Kashmir?
States? 78. Who can regulate the recruitment and conditions of the public
28. What is Interstate Council? services?
29. What are functions of Interstate Council? 79. Is doctrine of pleasure applicable to Civil Services?
Part XII: FINANCE, PROPERTY, CONTRACTS AND SUITS 80. Which authority can remove / dismiss the civil servant under
30. What is the role of Constitution in Financial relations of States which conditions?
and Union? 81. How new All India Service can be Created?
31. What are sources of Revenue for Union Government? 82. What is the position of an officer under proposed All India
32. What are sources of revenue for State Governments? Judicial Service?
33. Can a tax be levied in India without passing any legislation? 83. Who can change the condition of service of Civil Servants?
34. What makes Consolidated Fund of India? 84. Is each state required to have its own state public service
35. What makes the Consolidated Fund of States? commission?
36. What is Contingency Fund of India? 85. Who appoints the chairman of the Public Service Commission?
37. What is Contingency Fund of States? 86. Are Public servants only made members of Public service
38. What is Public Account of India? Commission?
39. How duties are collected and appropriated in India? 87. What is the term of a member of public service commission?
40. What are the duties levied by the Union but collected and 88. Who a member of the Public Service Commission tenders the
appropriated by the states? resignation?
41. Which taxes are leviable and Collected by the Union and 89. Can a member of public service commission get re-appointed
Assigned to the States? member after his/ her term is over?
42. Which Taxes are levied and collected by the Union but which 90. How a chairman /member of the public service commission can
may be distributed between the Union and the States? be removed?
43. Who imposes surcharges? 91. Who decides the number of members in public service
44. What special provisions were made by Constitution for Jute commissions?
Producing states? 92. Can chairman of UPSC join any other government job after he
45. Why some bills related to taxation need prior recommendation has ceased to hold office?
of President? 93. How examinations are conducted by Public Service
46. What are grants in aid? Commissions?
47. Do all states get grants in aid? 94. Who submits the report of public service commissions in
48. Can state impose tax on a person’s profession? parliament / assembly?
Part XPart XIVǣ
PART X :ȋʹͶͶʹͶͶȌ
PART XI :ȋʹͶͷʹͷͷȌ
PART XII : ǡǡȋʹ͸Ͷ͵ͲͲȌ
PART XIII :ǡȋ͵Ͳͳ͵Ͳ͹Ȍ
PART XIV:ȋ͵Ͳͺ͵ʹ͵Ȍ
Part X - THE SCHEDULED AND TRIBAL AREAS
Introductory Notes
What is a Scheduled Area?

ǡǤ
Why we need scheduled areas?
some areas are not as developed as Ǥ
Ǥ ǡͳͲ
ǡ ͷͲͲ
Ǥ
make sure that the people of different areas have their say in the administration of their affairs
also maintain their social and cultural identityǡ
ǲdifferent treatment of administration”
V and VI SchedulesǤ
ǡare those areas which are treated differently from other areas in the countryǤ
Why the Scheduled Areas be treated differently?
Because they are inhabited by aboriginals' who are socially and economically rather backward and special
efforts are required to improve their conditions of life.
ǲǳǡwhole of the administrative machinery operating
in a State is not extended the Scheduled Areasǡ

Ǥ
Who declares the scheduled areas?
ǡdeclared by President by orderǤ
ǡthere is no need of any legislationǤ

Ǥǡ
Ǥ
Who can alter the boundary of a Scheduled Area?

Ǥ However, to change the boundary of a scheduled area, the president is required to
consult the Governor of the state in which the area is located.
On what basis, an area is declared a scheduled area?
ǣ
o Ǣ
o
o ǦǢ
o Ǥ
Please note that these criteria are NOT spelt out in the Constitution but have become well established by
custom.
o ̶̶̵Ǧ̵
ͳͻ͵ͷǡ
o ̵̵

o ͳͻ͸ͳǤ
What is difference between the 5th Schedule and 6th Schedule?
5th schedule
all other states than Assam, Meghalaya, Tripura and MizoramǤ 6th schedule
in the States of Assam, Meghalaya,
Tripura and Mizoram.ǡͶǤ
Scheduled Areas
ǣ
o Ǥǡǡǡ͸
o ǡͷǤ
Provisions of 5th Schedule Areas
How a scheduled area is administered in any state of India other than MATA (Mnemonics for: Meghalaya, Assam, Tripura and Mizoram)?
Fifth schedule
either annually or whenever so
required by the President,
Ǥǡ
Ǥ
ǡTribal Advisory Council
ǤʹͲ
͵ȀͶǤ

Ǥ
ǲǡǡ
ǡǡ
controlled by the Governor of the state in questionǳǤ

Ǥ

Ǥ
At present, how many states have fifth schedule areas?
ǡ 9 states of India Ǥ ǡ ǡ

ǡǡǡǡǡǤ
Provisions for 6th Schedule Areas
How a scheduled area is administered in MATA states?
ͶǤǡǡ
Ǥ
ǡ
District Councils and regional councils
Ǥ

Ȁ
Ǥ
͵ͷǡ
Ͷ
rest shall be elected on the basis of adult suffrageǤ
ǡǤ
ȋ Ȍǳ ǲ
ȋȌǳǤ

Ǥ
ǡǤBodoland Territorial Council
Ͷ͸͵͸Ͷ͸ǡͶͲǤͶͲ
ǣ
o ͵Ͳ
o ͷǦ
o ͷ
o
Ǧ

͸ǡʹǤ
o shall hold office for a term of five years
Ǥ
Conflict of Part IX and Part X and the PESA Act 1996
Why a Conflict between Part IX and Part X?
ȋ͹͵Ȍͳͻͻʹ
͵ Ǥ ǡ ǡ
Ǥ
ʹͶ͵
ȋͳȌǡȋʹȌʹͶͶǤʹͶͶ
Ǥ
ǡ ʹͶ͵ ȋͶȌ ȋȌ parliament may by law,
extend the provisions of this Part to the scheduled areasȋͳȌ
ǡ
͵͸ͺǳǤ
ǡǡAndhra Pradesh, Himachal
Pradesh and Rajasthan extended the Part IX to the scheduled areas of Part X. This means that it became an
unconstitutional act on the part of these states.
ǡ
ǡ
ͷǤ
Ǥ The high
court in its judgment held that extension of Andhra Pradesh Panchayati Raj Act, 1994, to scheduled areas is
against the Constitution.

ʹͶ͵ȋȌǤ
ǡ
Dileep Singh Bhuria,
which we call the Bhuria Committee.
ǡ
ͳͻǡ ͳͻͻ͸ǡ ʹͶǡ
ͳͻͻ͸Ǥ Facebook Group: Indian Administrative Service ( Raz Kr)
ǡǮȋȌͳͻͻ͸ǯ
ȋͳȌ ʹͶͶ
ǤǤͷǤ
ǡ ǡ ǡ ǡ ǡ
ǡ
ǡ
ǡǡʹͶǡͳͻͻ͹Ǥ
Salient Provisions of PESA Act
ǡ Gram Sabha

In the schedule areas, there will be a minimum of 50% seats reservation for Scheduled Tribes (STs) at all the
tiers of Panchayats.
ǡ
Ǥ
The chairpersons at all levels of the Panchayats in Schedule areas shall be reserved for STs.
ǡ
maximum of one-tenth
Ǥ
ǡ
Ǥ
What are Powers and authority of the Gram Sabha and Panchayats in Scheduled areas?

ǡ
ǡ

ǡǡ
ǡ
Ǥ
ǡ
Ǥǡ
ǦǤǡǡ
Ǥ

mining lease for minor mineralsǤ

Ǥ

o minor forest produceǢ
o Ǣ
o Ǣ
o Ǣ
o Ǣ
o ǦǤ
o minor water bodies shall be entrusted to panchayats
Ǥ

ȋ
ȌǤ


Ǥ
ǡ

Ǥ
PART XI: RELATIONS BETWEEN THE UNION AND THE STATES
Introduction
ǡǦǤ
ǡ
Ǥ
Ǥ
ǤǤ
ǦǤ
What are the Union, State and Concurrent Lists of 7th Schedule?
x ͹ǤȋȌǡ
ȋȌȋȌǤ
x ǡ
Ǥ ǡ Australian Constitution which also
has a concurrent list.
x ʹͶ͸
Ǥ

Ǥǡ

Ǥ
Union List
x ͻ͹ Ǥ
ǡ ǡ ǡ ǡ ǡ
ǡǡǡǡǡǡǡ
Ƭǡǡǡǡ
ǡ ǡ ǡǡǡǡ
ǡǡǡǡǤǤ
State List
x ͸͸ȋȌǤ

Ǥ
Concurrent List
x Ͷ͹ǦǤ
with respect to which the uniformity of the legislation throughout the Union is desired but not essentially
required.
x Ǥ
Important Observations: 7th Schedule
ǡǤ
x defense of India Ǥ

into any state of India to aid in the Civil PowerǤǡ
ǤǤPolice is a state subjectǤRailway Police are also a State subjectǤǡ

ǡǡ

Ǥ
Ǥ ǡ
Ǥ
x delimitation of the Cantonment areas Ǥ
Ǥadministration of the cantonment areas
Ǥ
x Preventive detentionǡ ǡǤ
ǡ Concurrent List.

Ǥ
x ȀȀȀǤ

ǡǤǤ
x Ǥ
x ȀǤ
x ǤǤ
x ǡǡǡ
ǤǤ
x Ǥ
Ǥ
x Ǥ
x Ǣǡǡǡ
Ǥ
x Ǥ ǡ ǡ ǡ ǡ

Ǥǡǡ
ǤǤ
Ǥ
x ǡǡǦǤ
x ǯǤ
x ǡ ǡ ǡ
ǤǡǤ
x ǡLegislatures of StatesǦǢ
Ǥ
x ǡ ǡ
Ǥ ǡ Ǥ
Ǣ Ǥ
ǡ
Ǥ
x ǡƬǤǡ
Ǥ
x ǤǤ
ǤǤ
x Taxes on the sale or purchase of newspapers and advertisements therein is a Union SubjectǤ
Ǥ
x ǡǤǤ
Ǥ
x ǣȋȌ
o
Ǥ o
Ǥ o
o Ǣ o
Ǥ o

o o
o o
o o
o o
Ǥ o ǡ
o ǡ ǡ ǡ
o
Ǥ o Ǣ
o ǡ ǡ ǡ ǡ
ǡǤ o ǡ
o ǡ Ǥ Ǥ o
o
Ǧ
Ǥ
o ǡ ǡ
Ǥ
x ǡǤ
o ǡ o ǡ
o
o o
o o
o o
o o ǡ
o
o o
o o
o o

o o
How part XI is more tilted towards parliament in law making powers?
ʹͶͷǡǡ
Ǥ
ǡ Ǧ
Ǥ
ʹͶ͸ǡ
not included in a StateList.ǡ

Ǥ
ǡǤ
ʹͶ͹ǡ ǡ
Ǥ
ʹͶͺǡ
Ǥ
ǡ
Ǥ
How Parliament of India can make laws on State List matters?
Ǥ
ǡʹͶͻʹͷͲǤ
ʹͶͻʹȀ͵
ȋ Ȍ ǡ
ǡ
Ǥ This is very important feature which makes the
importance of Rajya Sabha in keeping the balance of law making powers between Union and States.
ǡthat such a resolution passed by Rajya Sabha is valid for ONLY 1 Year.
ǡ ǡ
same kind of resolution with same special majority is needed to be passed againǤ
ǡ͸
Ǥ
What happens when Emergency is in operation?
ʹͷͲǡ
ǡǤ
͸
Ǥ
If both state and parliament make law on a subject, which shall prevail?
ʹͷͳ
ǡ
ǡǡ
ǡǤ
Can states ask the parliament to make laws on State List Subjects?
ǡǡǡ
Ǥ
ͳǤ
ʹǤ
ǡ
Ǥtwo or more states
ǤʹͷʹǤʹͷʹȂ
if the legislatures of the two or more states pass resolutions to the effect that it is desirable to have a parliamentary
law regulating any of the matters included in the state list , then it is lawful for parliament to make laws on
regulation of such matter.
Ǥ
ǡǡǡ
Ǥ
ʹͷʹǤ
Ǥ
ǡ
ǡ ǤǤ
ȀǤ
Can Parliament make a law for giving effect to international treaty?
Ǥʹͷ͵
ǡǤ
Which law shall prevail if there is any inconsistency in laws made by parliament and state?
ʹͷͶ made by the Legislature of a State with any
provision of a law made by Parliament which Parliament is competent to enactǡ
ǡ ǡ law made by Parliament, whether passed before or after
ǡǡǡǡǤ
Administrative Relations Between States and Union
Basic information

Ǥ
Ǥ ǡ
ǡ ǡ
Ǥ
How Parliament is superior in Administrative Powers?
ʹͷ͸ǡ expected to
Ǥ
Ǥ
What if a state does not complies with the laws of the parliament?
ǡ
ʹͷ͹
Ǥ
ǡ

Ǥ
ǯ

Ǥ Ǥ
Ǥ
ǡ ʹͷͺ ʹͷͻǡ
Ǥ
ǡǤ
Ǧ
Ǥ
ǡ

ǡ

Can Government of India perform legislative and judicial functions in foreign territories?
ʹ͸Ͳǡ

Ǥ



Ǥ

Ǥ
What are constitutional provisions in context with Riparian States?
ʹ͸ʹǤ
ʹ͸ʹ Ǥ ǡ ǡ
Inter-state disputes over the waterǡ
Ǥ

ǡǤ

Ǥǡǡ
Ǥ
What is Interstate Council?
ǡ
ǡArticle 263
ǡǤǡ
ǣ
x ʹ͸͵
x
x Ǥ
x
ǡͳͻͻͲǤ
What are functions of Interstate Council?
ǣ
Ǥ
Ǥ

Ǥ
Part XII: FINANCE, PROPERTY, CONTRACTS AND SUITS
What is the role of Constitution in Financial relations of States and Union?

Ǥ
Finance Commission
ǡoriginal contribution
ǦǤ

ǡ Ǥ
ǣ

Ǥ
What are sources of Revenue for Union Government?


ǡǡǡ

ǡ
ǡǤ

Ǥ ǡ
Ǥ

Ǥ

ǡ
ǡ ǡ ǡ ǡ Ǥ

What are sources of revenue for State Governments?

Ǥ

Ǥ
ǡ
Ǥ

ǡǡǡ
ǡ
ǡǡǤ
Ǥ
Can a tax be levied in India without passing any legislation?
Ǥ ʹ͸ͷ Ǥ
Ǥ
Ǥ
ʹ͸ͷǲNo
tax shall be levied or collected except by the authority of lawǤ̶
ǡǤ
What makes Consolidated Fund of India?

ǡǡ

ǤǤ
Ǧ ʹ͸͸ ȋͳȌ
Ǥ
ǡ
ǡȋȌ
ȋȌ
Ǥ

Ǥ
ǡʹ͸͸ǡ ǣ

ǡ

ǡǤ

Ǥ
What makes the Consolidated Fund of States?

ǡ

ǡ

ǡǤ
What is Contingency Fund of India?
ʹ͸͹
ǡ

ͳͳͷͳͳ͸Ǥǡǡǣ
o ʹ͸͹
o
o Ǥ
ǡ ǡ
“prior” authorization Ǥ
o ǡǲlater authorizationǳǤ
ǡǤ
o ǲǲ

ǡ ǡǤ
o Ǥ ͷͲ Ǥ ǡ ʹͲͲͷǡ
ǡͷͲͷͲͲǤ
What is Contingency Fund of States?

ǡ

ʹͲͷʹͲ͸Ǥ
What is Public Account of India?
ʹ͸͸ȋʹȌǡ
Ǥ
ǡ

Ǥ
Ʈǯ Ʈǯ Ǥ
Ǥ
How duties are collected and appropriated in India?
ǡ
ͳǤ ȋȌǤ
ʹǤ Ǥ

͵Ǥ
ȋǡ Ȍ
What are the duties levied by the Union but collected and appropriated by the states?
ʹ͸ͺǡ ȋ
Ȍ

ȋȌ
ȋȌ
Which taxes are leviable and Collected by the Union and Assigned to the States?
ʹ͸ͻǡ

Ǥ
ǡǤ

Ǥ
Which Taxes are levied and collected by the Union but which may be distributed between the Union and the States?
ʹ͹Ͳǡ
Ǥ

Ǥ
ǡǲǳǤThe distribution of income
tax proceeds between the Union and States is made on the basis of recommendations of the Finance Commission.
Who imposes surcharges?
ʹ͸ͻʹ͹Ͳ
ǡ
ʹ͹ͳǡ
Ǥʹ͸ͻʹ͹ͲǤ
Please note that surcharges make a part of Consolidated Fund of India.
What special provisions were made by Constitution for Jute Producing states?
ʹ͹͵ Ǥ
Ǥ
ǦǦ
ǡǡǡ
ǡǤ

Ǥ
Ǥ
Why some bills related to taxation need prior recommendation of President?
ʹ͹Ͷǡ in which the states are interested,
Ǥ ǡ
ǲǳ
ǡǯǤ

Ǥ
What are grants in aid?
Ǥ
ǤǤ

Ǥ
ʹ͹ͷ
ǤȋȌ
ǡǡ
ǡǤ
Ǥ
Do all states get grants in aid?
It is NOT necessary that every state should get a grant in aid. If in opinion of the Finance Commission, a state does
not need grants-in-aid, the Parliament may leave it also.
ǡ
ǦǦ

Ǥ
Can state impose tax on a person’s profession?
Ǥǡ
ǡǡǡǤ
ǤǡǤ
ǡǡǤǡ
Ǥʹ͹͹ǡǡ
ǡ ǡ

Ǥ
Who certifies the net proceeds?
ʹ͹ͻ ǲ ǳ
Ǥcertified by the Comptroller and Auditor-General of Indiaǡ
Ǥ
What is Finance Commission?
ǡ
ǤǤ
ʹͺͲ ǡ
every 5th yearǡ or at such intervals as he/ she thinks necessaryǡ
Ǥ
Ͷ
Ǥ
ǡ
ǤǤ

Ǥ
ǣ
o ǫ
o ǡǦǦ
ǫ
Is parliament directly concerned with the assignment and distribution of Income tax?
No. ǡ
ǡ Ǥ ǡ
Ǥ
Is Finance Commission Relevant?
Ǥ
Ǥ
ͳ͵Ǥ
Who places the report of Finance Commission in Parliament?
ʹͺͳ

Ǥ
In whose custody remain the consolidated funds?

Ǥȋʹͺ͵Ȍ

Ǥ
Where is the money of suitors kept?
ǯ
ǤȋʹͺͶȌ
If any property of union lies in a state, can the state impose tax upon it?
Ǥ ʹͺͷǡ
Ǥǡʹͺͻǡ
Ǥ
Who can impose taxes on Interstate Sales and Purchases?

ǤǤ

ǡ
Ǥ
ʹͺ͸

ͳǤ
ʹǤ Ǥ

Ǥ
ʹͺ͸
Ǥ

ǡǤ
Can states impose tax on electricity consumed by Railways when they operate therein?
Ǥʹͺ͹ǡǡǡ
ǡ

ǡ

Ǣ
ǡ

ǡ
Ǥ
ʹͺͺǤ
ǦǦǡǤ
Did constitution of India continue the pensions and salaries of those who worked under Crown in the British Era?
ǤʹͻͲ
ǡ

ǡ
ǡ
ǡ ǡ
ǡǡ
Ǥ
What special Provisions have been made in Constitution of India for Travancore Devaswom Fund?
ǡͳͻͶͻǡ
ǡ̵
Ǥͷͳ
Ǥʹ͵ͺȋȌǤǡ
ǡʹͻͲͶ͸ǤͷǤ
ʹͻͲǤͶ͸ǡͷͲǡͲͲͲǡǡ
ǢǤͳ͵ǡͷͲǡͲͲͲǡ
ǡ
ͳ
ǡͳͻͷ͸ǡǦǤ
Can governments pledge the Consolidated Funds to borrow money?
Ǥʹͻʹ
Ǥ
ʹͻ͵
ǡǡ
ǤǤ
All executive contracts of union /states are made in the name of President / Governor. Can they be held personally liable for
such contracts?
Ǥʹͻͻǡ
ǡ
Ǥ

Ǥ
In what name one can sue the Government of India?
͵ͲͲ

Ǥ
ǡ
Ǣ
ǡ
Ǥ

What is the right to property?
͵ͲͲǤ
Ǥ
ȋ ǦȌǡͳͻ͹ͺǡȀǤ
PART XIII: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
Introduction
Ǥ
Ǥ

Ǧ Ǥ ͵ͲͳǦ͵Ͳ͹ ǡ
Ǥ ǡ
Ǥ
What is the freedom to travel, trade and do business in Indian territory?
͵ͲͳǡǳǤǡ
Ǥ
͵Ͳʹǡparliament may impose restrictions
Ǥ

Ǥ
Can Government discriminate if some parts of the country are facing problems of scarcity?
Ǥ͵Ͳ͵ǡparliament is empowered to restrict the free movement
ǡ Ǧ
Ǥǡǡ
Ǥ
͵ͲͶState legislature may impose
Ǥ

Ǥ
Reforms in Centre-State relations
Introduction
ͳͻ͸͹ǡ
Ǥ After that strains appeared because Congress lost power in many states
and many coalition Governments were formed in India by the opposition parties.ͳͻ͹͹ǡ
Ǥ
Ǥ ͳͻͺͲ
ǤǦ
ǡ ǡǡǡǡǡǤǤ
ǣ
ǫ
ǫ
Ǥ
recommended withdrawal of centre from the areas reserved for the statesǤ It also recommended formulation of
certain guidelines for the exercise of discretionary powers by the governor.
What was the Rajamannar Committee?

Ǧ
ʹ
ǡ ͳͻ͸ͻ Ǥ ǤǤ
Ǥ
̶ Ǧ
̶̶

Ǧ̶Ǥ
̶
ǡǡǦ

̶Ǥ
͵ͷ͸͵ͷ͸
Ǥ

Ǥ
Ǥ
What was Sarkaria commission?
ǡ ͳͻͺ͵

ǤǤǤ

ʹ͹ͳͻͺ͹Ǥ
Ǧ

ʹ͸͵Ǥ

ǡǡǤ

ǤǤ
Ǥ
Ǥ
Ǥ
Ǥ
Ǥ
ʹ͸͵Ǥ

Ǥ
Ǥ
ǡǡ
Ǥǣ
Ǧ
Ǥ
͵ͷ͸
Ǥ
Ǥ


Ǥ ǡ
Ǥǡ
Ǥ ǡ
Ǥ
Ǥ
Ǧ
Ǥ
ǡ
Ǥ
ǯ
ǦǤ
ǡ
ǯǤ

Ǥ
ǦǯǤǡ
ǦǤ
Ǧ
ʹ͸͵Ǥ
Ǥ

Ǥ

ǤǤ
Ǥ ǡ
ǦǤ
ȋȌ
ǡǤǤǡ
Ǥ

ǤǤ

ǡ ͳͻͻ͸ǡ
Ǥ
ǡ Ǧ ǡ
ǦǤ
ǦǡǦǤ
Ǥ ͳͻͻͻǡ Ǧ
ͳʹͶǤʹͲͲͳ
ǡǡ
ǡǡǡǦǤ
Ǧͷͻǡ
ǡ ǡ Ǧ ǡ ǡ Ǧ ǡ
Ǥ
ǣ
ǡǡ
Ǥ
ǡ
ǡǤ

Ǥ
ǡ
Ǥ
ǦǦ
ʹͲͲ͵Ǥ
ǯ͵ͷ͸͵ͷ͸
Ǥ
What was MM Punchhi Commission?
ʹͲͲ͹ǡǦǦǤ
ǤǤǤ

Ǥǣ
ǡ
ǡǤ
ǦǤ
suo motu
Ǧ
Ǥ
͵ͷͷ
Ǥ
ǡ ǦǦ
Ǥ

Ǥ
Ǧ
Ǥ

ǡ ǡ ǡ
ǡǡǦǤ
ʹͲͳͲ͵ͳʹǤ
͵ͷͷ͵ͷ͸
ǤǦǡ
ǦǤ
͹ǣ
ͳǤ Ǧ
ʹǤ ǡͳͻǡ͵ͷͷ
͵ͷ͸ʹ͸͵Ǥ
͵Ǥ
Ǥ
ͶǤ ͹͵͹ͶǤ
ͷǤ ǡǡǡǤ
͸Ǥ Ǧǡ
͹Ǥ Ǥ

͵ͷͷȋȌ
͵ͷ͸ ȋ Ȍ Ǥ
ǡ
Ǥ This means that the commission recommended for “localising emergency provisions” under Articles
355 and 356, contending that localised areasȄȄ

ǯǤ
Ǥ

Ǥ
ǡ

Ǥ

ǯǤ
Ǥǡ
ǦǤ
Ǥ Ǧ
ǡ
ǣ
o Ǣ
o Ǣ
o Ǧ
o
Ǥ

Ǥ

Ǥ
Ǥ
Ȅ
Ǥ
Ǥ

Ǥȋ
Ȍ
ǡ
ǡǤǦ
Ǥ

Part XIV: SERVICES UNDER THE UNION AND THE STATES
Introduction
All India Services
Ǥǡͳͻͷͳ

Ǥ
ǡ Ǥ

Ǥ

Ǥ

Ǥ
Indian Revenue ServiceCentral Service

Ǥ
What are Cadres?
ǡ
ǤǦǡ
ǣ Ǧǡ Ǧǡ Ǧ
ǦǦ
ȋ
ȌǤ ǦȋǦȌǡʹͲͳͳ

Manipur and TripuraǤ
ȋȌǦǡ
ǦǤ
ȋȌǤ

Ǥ
ʹȀ͵
Ǥ

Ǥ
ǡǤ
Does Government of India consult the states for making rules for All India Services?
Ǥͳͻͷͳǡafter consultation with
state governmentsǡ
Ǥ
What is Indian Administrative Service (IAS)?

Ǥ

Ǥ
Ǥ ǡ
Ǥ
ǡ ǡ
Ǥ
Ǥ

Ȁǡ ǡǡ
Ǥ Facebook Group: Indian Administrative Service ( Raz Kr)
Ǥ
ǡ
Ǥ
What is Indian Forest Service (IFoS)?
Ǥ
ͳͺ͸ͶЍ Ǥ
ͳͺ͸͸ЍǤǡ
ǡ
Ǥ
ͳͺ͸͹Ѝ Ǥ

Ǥ ͳͺ͸͹ ͳͺͺͷ

ǡͳͺͺͷͳͻͲͷ̵ǡǡ
Ǥ ͳͻͲͷͳͻʹ͸ǡǡǡ
Ǥ
ͳͻʹ͹ ͳͻ͵ʹǡ ȋ Ȍ
ǡͳͻͲ͸Ǥ
ȋ Ȍ ͳͻ͵ͺ ǡ
Ǥ
ǡ ǡ ̶
̶
ͳͻ͵ͷǡ
Ǥ
ͳͻ͸͸ǡ ǡ
ͳͻͷͳǤ

ǡǡ Ǥ
What is Indian Police Service?
ǡǤͳͻͶͺǡ
Ǣ ȋȌ
Ǥ
Ǣ
Ǥ
Do the provisions of Part XIV apply to Jammu & Kashmir?
͵Ͳͺǡ State Ǥ
ǯ ƬǤ
ǡ Ǥ
Who can regulate the recruitment and conditions of the public services?
͵Ͳͻ Parliament and the state legislatures

Ǥǡ

Ǥ
Is doctrine of pleasure applicable to Civil Services?
Ǥ͵ͳͲ
Ǥ

Ǧ
ǡ

͵Ǥ

Though, these officers hold the office during the pleasure of the president and Governor, yet their dismissal is
subject to a condition.͵ͳͲȋʹȌǤ͵ͳͲȋʹȌ
ǡ
ȋ
Ȍ Ǥ
ǣ

ȀȀǤ
Which authority can remove / dismiss the civil servant under which conditions?
͵ͳͳ
Ǥ
Ȁ
ȀǤ
ǡǣ
o Ǥ
o Ȁ ǡ
Ȁ
ǤǤ
o

Ǥ
How new All India Service can be Created?
͵ͳʹǦ
ȋ Ȍ
ǡǤ
Ǥ
͵ͳʹ

Ǥ
What is the position of an officer under proposed All India Judicial Service?
͵ͳʹǦ
district judgeʹ͵͸Ǥ
Ǧ

͵͸ͺǤ
Who can change the condition of service of Civil Servants?
͵ͳʹȀ
ǡ
ǡ

Ǥ
͵ͳʹǤ
Is each state required to have its own state public service commission?
Ǥ͵ͳͷǤ

ǡǡǡ

ǡ
Ǥ
Who appoints the chairman of the Public Service Commission?
͵ͳ͸
ǣ
ĺ

ĺ
Are Public servants only made members of Public service Commission?
͵ͳ͸ ͷͲΨ
ͳͲ

Ǥ
What is the term of a member of public service commission?
͸
͸ͷǤ
͸ʹǤ
Who a member of the Public Service Commission tenders the resignation?
Ȁto PresidentȋȀ Ȍ
GovernorǤ
Can a member of public service commission get re-appointed member after his/ her term is over?
Ǥǡ
Ǥ
How a chairman /member of the public service commission can be removed?
͵ͳ͹Ǥ
Ȁ

ǡeven a state Public Service Commission can
be done ONLY by President.
on the ground of misbehaviour after the
Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the
procedure prescribed in that behalf under article 145,ǡ
ǡǤ
ǡ ǡ
ǡ
ǡmay suspend from office the Chairman or
any other member of the Commission in respect of whom a reference has been made to the Supreme Court.

Ǥ
Who decides the number of members in public service commissions?
͵ͳͺ ǡ Ǥ

Ǥ
Can chairman of UPSC join any other government job after he has ceased to hold office?
No. Article 319 makes it clear that once the chairman of the UPSC has ceased to hold the office, he / she shall
be ineligible for further employment, either under Government of India or Government of state.
However, the same article makes clear that Chairman of a State Public Service Commission shall be eligible
for appointment as the Chairman or any other member of the Union Public Service Commission or as the
Chairman of any other State Public Service Commission, but not for any other employment either under the
Government of India or under the Government of a State.


ǡǡ

Ǥ
How examinations are conducted by Public Service Commissions?
͵ʹͲ

Ǥ

ǡ
Ǥ
͵ʹͳ
Ǥ
͵ʹʹǡ
ǡ ǡ
Ǥ
Who submits the report of public service commissions in parliament / assembly?
͵ʹ͵UPSC to present annually to the President
President shall cause it
to be laid before each House of ParliamenǤ
ǡ
Ǥ
ǡ

Ǥ

Civil Services Examination 2013 Conventional General Studies-9 www.gktoday.in
Target 2013 Indian Constitution Part XIV-A to XXII 1
Contents
Part XIVA – Tribunals 47. National Commissions of Schedules Castes and Scheduled
1. What is an administrative Tribunal? Tribes (NCSCST)
2. Why we need Administrative Tribunals? 48. Structure of NCSC and NCST
3. Which amendment added part XIV-A in the Constitution? 49. Duties of NCSC and NCST
4. Which authorities can be dragged to tribunals in service 50. Power of NCSC and NCST
matters? 51. Consultation by Union and State Governments
5. How a Tribunal is established? 52. Reservation of Seats for Anglo-Indians
6. Can state legislatures also set up Tribunals? 53. Reservation to backward classes
7. The Administrative Tribunals Act 1985 54. Part XVI and Linguistic Minorities
8. Important observations about the Central Administrative
Tribunal: Part XVII- Official Language
9. Tribunals in various States 55. Which is the Official language of union?
Part XV – Elections 56. What is the Parliamentary Committee on languages?
10. What is the Single Electoral Role? 57. Can states have their own languages as official languages?
11. Who is supreme power to make laws related to election? EC or 58. What is the language of communication between Union and
parliament? States?
12. When it was made 18 years to be age for voting eligibility? 59. What is the language of courts?
13. What is the basic unit of Voting? 60. What is the special directive given by Constitution for promotion
14. Which are courts for Poll Petitions? of Hindi?
15. Which census is used as basis of determination of Proportional 61. What language a person may use to redress his grievances?
representation? 62. What is Special Officer for Linguistic Minorities?
16. What are Single Member territorial constituencies? 63. When was first Official Commission appointed?
17. What is Delimitation Commission? 64. What is the Authorized translation (central laws) act, 1973 ?
18. When was delinking of Elections at National and State Level 65. What are the scheduled languages?
done? PART XVIII Ļ EMERGENCY PROVISIONS
19. First post the post system 66. War Emergency: Article 352
20. When was India’s first General Elections held? 67. Effect of Proclamation of War Emergency: Article 353 & 354
21. What are Bye-Elections and Mid-term elections? 68. Consequences of Emergency
22. What are powers of Election Commission of India? 69. Instances of National Emergency
23. Who appoints the Election Commissioners? 70. Constitutional Emergency in States: Article 356
24. How the independence of ECI been ensured? 71. Instances of Constitutional Emergency & Sarkaria Commission
25. Demarcation of constituencies Report
26. Other functions of Election Commission 72. Is dismissal of state Government subject to Judicial Review?
Delimitation commission of India 73. What is the impact of Emergency on Fundamental rights (
27. Constitutional Status of Delimitation of constituencies in India Article 358, 359)?
Electoral reforms in India 74. Financial Emergency : Article 360
28. Goswami committee Recommendations Part XIX: MISCELLANEOUS
29. Indrajit Gupta committee on state funding of elections 75. What are the Immunity Provisions for President and Governor?
30. Deputation to election commission 76. Can size of ministry exceed the 15% cap in some states?
31. Increase in number of proposers 77. When was the Privy Purse abolished?
32. Electronic voting machine & VVPAT System 78. Is there any special power of president in context with major
33. Menace of Booth capturing ports and aerodromes?
34. Disqualification on conviction under the prevention of insults to 79. What are the extraordinary emergency powers of President as
national honor act, 1971 per Article 365?
35. Increase in security deposits and number of proposers: Part XX : Amendment of the Constitution
36. Number of Proposers for Presidential Elections 80. Bills that are passed by Parliament by simple majority;
37. Restriction on contesting election from more than two 81. Constitution Amendment Bills
constituencies 82. Amendment by Special Majority
38. Provisions on Death of candidate 83. Amendment Bills that require ratification by the State
39. Taking arms to or near to Polling station is Cognizable Offense Legislatures
40. Holidays on Polling Day 84. Presidential Assent to Constitution Amendment Bills
41. Prohibition on sale, etc., of liquor Part XXI-and XXII
42. Model Code of Conduct 85. What were the powers given to Parliament to make temporary
Part XVI: Special Provisions Related to Certain Classes laws on state list subject?
43. Who are SCs and STs? 86. What are the special provisions in respect to Jammu &
44. Reservation of seats for SC/ST Kashmir?
45. Duration of the Reservations 87. Can President make special provisions for some parts of the
46. Provisions for welfare and protection of the Scheduled Castes country for their development?
and Tribes

Part XIVA – Tribunals
x 323A. Administrative tribunals.
x 323B. Tribunals for other matters.
What is an administrative Tribunal?
Ǧ
Ǥ
ǡ̵̵not courts of normal jurisdiction,
Ǥ
Why we need Administrative Tribunals?
Ǥ
Ǥ
ǡǤ
ȋ
Ȍ
Ǥ Ǥ
ǡ ǡ
ǤǤǡ
ǡǦǤ
ǡǡ
Ǥ

ǡ
Ǥ
ȋͳͻ͸͸Ǧ͹ͲȌ ̵
̵̵
ǡǤ
, J.C. Shah Committee
Ǥ
ǡ
Ǥ
Which amendment added part XIV-A in the Constitution?
Ǧ ȋ Ǧ Ȍ ǡ
ͳͻ͹͸ǤǡͶʹ
Ǥ
Ǥ͵ʹ͵͵ʹ͵Ǥ
are not original inventionǤ
Ǥ
Which authorities can be dragged to tribunals in service matters?
͵ʹ͵ǡ

o
o
o Ǥ
The power to constitute any such tribunal is vested exclusively in the parliament of India.
How a Tribunal is established?
͵ʹ͵

Ǥ These tribunals exclude the jurisdiction of all courts except the special jurisdiction of the
Supreme Court in Article 136Ǥǣ
o Union as well as
States as well as Local authorities
o owned or
controlled by the Government.
Can state legislatures also set up Tribunals?
Yes.͵ʹ͵parliament or state legislatures
Ǥǣ
o ǡǡ
o ǡǢ
o Ǣ
o ͵ͳ
o Ǣ
o ǡ

Ǥsome election
matters where courts have been barred can not be questions in tribunals alsoǤ
ǡǡǦȋȌ
ǡǡ
The Administrative Tribunals Act 1985
͵ʹ͵ ǡ
Ǥ
Administrative Tribunals Act 1985̵
Ǥ
Central Administrative Tribunal State
Administrative Tribunal Ǥ
ǡJoint Administrative Tribunals
Ǥ

Ǥ
o ǡ ǡ ͳͻͺͷ ǡ ǡ
Ǥ
o ǡͳ͹
ǡ͵͵Ǥ
o ǡǡ
ǡǡ ǡǡǡ
ǡ
ǡǡǡ
ǡǡǡǡǡǡǡ
Ǥ
Important observations about the Central Administrative Tribunal:

Ǥ


ǡ
Ͷͷ
Ǥ
ǡͳͻͺͷǣ
o
o
o
o
ȀǤ
The CAT is headed by a chairman who must be either a sitting or a retired Judge of a High Court.
ǡͳ͸ǦͶͻǤ

Central Administrative Tribunal enjoys the status and powers of a High Court.
only with the Supreme CourtǤǡ
ǡ̵̵Ǥ
Tribunals in various States
Ǥ
ǡ
Ǥ
ǡ

Ǥ

ǡ ǡ
Ǥ
Part XV – Elections
x 324. Superintendence, direction and control of elections to be vested in an Election Commission.
x 325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion,
race, caste or sex.
x 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
x 327. Power of Parliament to make provision with respect to elections to Legislatures.
x 328. Power of Legislature of a State to make provision with respect to elections to such Legislature.
x 329. Bar to interference by courts in electoral matters.
x 329A. [Repealed.]
What is the Single Electoral Role?
Article 325 Ǥ
ǡǡǤǡ
ǡ
Ǥǡ
Ǥ
͵ʹͷ Ǥ ǡ

in which none has been deprived of the right to voteǤ
ǡ
ǤǡǤ
Who is supreme power to make laws related to election? EC or parliament?
͵ʹ͹Ǧ
Ǥǡ͵ʹͺstates also certain limited
Ǥ
Ǥ
ǡ

ǡ ͳͻͷͲǡ
ǡ

ǡͳͻͷͳǡ
ǡǡǡ
ǦǡǤ
ǡǣ
o ȋȌͳͻͷͲ
o ȋȌǡͳͻͷͳ
Ǥ
Ǥ
When it was made 18 years to be age for voting eligibility?
͵ʹ͸
ʹͳǡǡǦǤ
ͳͻͺͺ62nd amendmentͳͺǤ
What is the basic unit of Voting?
Ǧ
Ǥ
Ǧ Ǥ
Ǧ Ǧ
ǡ
Ǥ
Which are courts for Poll Petitions?
Ǥhigh court is declared as the
original court and the Supreme Court has the appellate jurisdiction. Poll petitions can be filed for the
violation of electoral procedureǡǡ
Ǥ
Which census is used as basis of determination of Proportional representation?

Ǥ
Ͷʹͳͻ͹ͳǡʹͲͲͳǤ

Ǥ
What are Single Member territorial constituencies?
Ǥ
Ǥ Ǥ
Ǥ
What is Delimitation Commission?

Ǥ
When was delinking of Elections at National and State Level done?
ǡǤ
ǡͳͻ͹ͳǡǦ
Ǥ
First post the post system
ȋȌǤ
ǤǡͳͷǦʹͲ
Ǥ
When was India’s first General Elections held?
ͳͻͷʹǤ
Ǥ
ͳͻͷ͹Ǥǡ
Ǥ

ǡǡ
Ǥ
What are Bye-Elections and Mid-term elections?
Ǧǲ
Ǥ
ǦǤ
ǦǤ
Ǥ
ǦǤ
Ǥ
What are powers of Election Commission of India?
independent Election Commission Article
324Ǥ
Ǥ
ǯǤ
ǣ

Ǧ

The powers of the election Commission are as follows
ǡ
Power of appointing election tribunals
Ǥ
Please note that Election commission of India is a permanent body.
Who appoints the Election Commissioners?
Ǥterm which
is fixed by the PresidentǤ ǡ
Ǥ


Civil Services Examination 2013Conventional General Studies-9 www.gktoday.in
ȋȌǡͳͻͻͳǤ
ǣ
o hold office for a term of 6
years or age of ͸ͷǡǤ
o
Ǥ
Ǥ
o ǡǡǤ
ǡ
Ǥ
How the independence of ECI been ensured?
Ǥ
ǣ
o
Ǥ

Ǥ
o Ǥ
o Ǥ
o ǡ
ǡ
Demarcation of constituencies
o ǡǤ
Ǥ
o
ͳͻͷͳ Ǥ ǯ

Ǥ
o Ǧ

Ǥ
Other functions of Election Commission
Preparation of Electoral rolls
o Ǧ
ǦǤ
Recognition of political parties and allotment of symbols
o
ȋȌ ǡ ͳͻͷǤ ʹͻ
ǡ

͹ǡͳͻ͸ͺǤ
Scrutiny of the nomination papers:
o Ǥ
ǡǤ
ǡ
Ǥ
Monitoring of Election Expenses
o Ǥ

Ǥ
Delimitation commission of India

Ǥ
Ǥ
o Ǥ
o ǡǤ
orders cannot be challenged in a court of lawǤ
ǤǡǤ
ǡǦͳͻͷʹǡͳͻ͸͵ǡͳͻ͹͵
ʹͲͲʹͳͻͷʹǡͳͻ͸ʹǡͳͻ͹ʹʹͲͲʹǤ
ͳͻ͹͸ʹͲͲͳ̵
Ǥ
ǡ
ǡͷͲǡͲͲͲǤ
ͳʹ ʹͲͲʹʹͲͲͳ
ǡ Ǥ
Ǥ
ʹͲͲ͹ǡ
Ǥ Ͷ ʹͲͲͺǡ
Ǥ
ǡͳͻ ʹͲͲͺǤ

Ǥ
ʹͲͲͺ
ʹͲͲʹǤ
ǡ ǡ
Ǥ
Constitutional Status of Delimitation of constituencies in India
ͷͶ͵Ǥ
Ǥ
ͺʹ ǡ
Ǥ ǡ
Ǥ


Ǥ ͳͻ͹ͳ
Ǥ
ǡ ͳͻ͹͸
ʹͲͲͲǤǡ
ͳͻ͹ͳǤ
Electoral reforms in India
̵ ȋͳͻ͸͹ȌǤ
ǡǡȋͳͻ͹ͳȌ
ǡ Ǥ ǡ
Ǥ

Ǥ Tarkunde Committee Report ͳͻ͹ͷǡ Goswami
Committee Report of 1990ǡ Election Commission’s recommendations in 1998 Indrajit Gupta
Committee Report of 1998 Ǥ
Tarkunde committee’s (J.P. Committee) recommendations

ͳͻ͹ͶǤǤǤǡǤǤǡǤ
J.P. Committee or Tarkunde committee.
ǣ
Ǥ
ͳͺǤ
Ǥ
ǯ
Ǥ
Goswami committee Recommendations
ǯǡǤ
ͶǡͳͻͻͲǤǣ
ǦǤ
Ǥ
Ǥ
ǦǤ
ǦǤ
Indrajit Gupta committee on state funding of elections

Ǧ ǤͺǦ
Ǧǡͳͻͻͺǡ ǡͳͻͻͻ
ǣ
ǡǡno financial supportǡ
Ǥ
Ǥ600 crore contribution from the center and an equal amount by the statesǡǡ
Ǥ
Only EC- recognized political parties should be given the state support in terms of printing
material and facilities; electronic media time; vehicles and fuel etc.

ǡ
Ǥ
Ǥ
ǤͳͲǡͲͲͲȀ
Ǥ
ǡ
Ǥ
Deputation to election commission
ȋȌǡͳͻͺͺͳ͵
ǡ

ǡ ǡ
Ǥ
Increase in number of proposers

ǡǡǤ
Electronic voting machine & VVPAT System:
ǡ ͳͻͷͳǡ
Ǥ ʹͲͳͲǡ ǡ
ǡ
ȋȌǤ

Ǥ

Ǥ ǡ
Ǥ

ǤǤ
Ǥ

Ǥ
Ǥ
Menace of Booth capturing
ͷͺ ǡ ͳͻͷͳ
Ǥ
ͳ͵ͷǡͳͻͷͳǤ

Ǥ
Disqualification on conviction under the prevention of insults to national honor act, 1971
ʹȋȌ
͵ ȋ Ȍ
ǡ ͳͻ͹ͳ
Ǥ

Increase in security deposits and number of proposers:

Ǧ
Ǥ
ǡ
ǤͷͲͲǤͳͲǡͲͲͲǤʹͷͲǤͷǡͲͲͲ
Ǥ
ǡǤ
ͷǡͲͲͲǤʹǡͷͲͲ
ǤʹͷͲǤͳʹͷǤ
A defeated candidate who fails to secure more than one-sixth of the valid votes polled in the constituency
will lose his security deposit .
Number of Proposers for Presidential Elections
Ǧ ȋȌ ǡ ͳͻͻ͹ǡ
ͷͲ ȋ
ͳͲȌǡͳͷǡͲͲͲȋʹͷͲͲȌǤ
Ǧ
ʹͲͳͷǡͲͲͲǤ
ǡ
Ǥ
ǦǤ
ͳͲ
ǡǤ
Restriction on contesting election from more than two constituencies
more than two
ǤǦǦ
Ǥ
Provisions on Death of candidate
Ǥǡ
ǡ

Ǥ
Taking arms to or near to Polling station is Cognizable Offense

ͳͻͷͻ

Ǥ
Holidays on Polling Day
ǡ
Ǥ
Ǥ
Prohibition on sale, etc., of liquor
ǡǡǡ
ǡǡͶͺ
Ǥ

Model Code of Conduct
Ǥ ǡ
Ǥ
ǡͳͻ͹ͳǤǡ
Ǥ
Ǥ
A provision was made under the Code that from the time the elections are announced by the Commission,
Ministers and other authorities cannot announce any financial grant, lay foundation stones of projects of
schemes of any kind, make promises of construction of roads, carry out any appointments in government and
public undertakings which may have the effect of influencing the voters in favour of the ruling party.
MCC has no statutory backing and many of its provisions are not legally enforceable.
ǡǡ
Ǥ
ǡǤ
Part XVI: Special Provisions Related to Certain Classes
x 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
x 331. Representation of the Anglo-Indian community in the House of the People.
x 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
x 333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
x 334. Reservation of seats and special representation to cease after seventy years.
x 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
x 336. Special provision for Anglo-Indian community in certain services.
x 337. Special provision with respect to educational grants for the benefit of Anglo-Indian Community.
x 338. National Commission for Scheduled Castes.
x 338A.National Commission for Scheduled Tribes.
x 339. Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
x 340. Appointment of a Commission to investigate the conditions of backward classes.
x 341. Scheduled Castes.
x 342. Scheduled Tribes.
Who are SCs and STs?
does not define
Ǥ ǡ ͵Ͷͳ ͵Ͷʹǡ empower the President of India
Ǥǡǣ
President
may by public notification specify.
ǡ President Ǥ ǡ
consultation with the governor of the stateǤ
inclusion or exclusion from the presidential notification of any caste, race, or tribe can be done by
Parliament by Law.

Ǥ

Reservation of seats for SC/ST

ȋȌȂ
ͳǤ Lok Sabhaȋ͵͵ͲȌ
ʹǤ State AssembliesȓȔȋ
͵͵ʹȌ
͵Ǥ
ȋʹͶ͵Ȍ
ͶǤ ȋʹͶ͵Ȍ
ͷǤ ȋȌ
Duration of the Reservations
x ͳͻͷͲǡ ͳͲ Ǥ ǡ
ǡ
ǡͳͲʹͲǡ͵Ͳǡ
ͶͲͷͲǤ
x ͸ͲǡǤǤǡʹͲͳͲȋ͹ͻǡ
ͳͻͻͻ ͵͵ͶȌǤ ǡ ͻͷ ʹͲͲͻǡ
͹Ͳ
Provisions for welfare and protection of the Scheduled Castes and Tribes

ȋͳͷȋͳȌȌǤ
Ǥ
ǡ Article 46

Ǥ
Ǥ ǡ
Ǥ

Fundamental Rights
Ǥ ͳͷȋͶȌ ǯ ǲ
ǳǤ
DPSP
ǤͶ͸Ǥ
Minister of Tribal Welfare
Ǥͳ͸Ͷǡ
who shall also be in charge of the welfare of SCǤ
Grants in aid to states promoting welfare of STs
ʹ͹ͷǦǦǤ
Lowering standards of evaluation
ǡ
ǤǤ͵͵ͷ

Ǥ
Separate National Commissions for SC and ST
x Ǥ͵͵ͺǤ
x ͵͵ͺǤ
National Commissions of Schedules Castes and Scheduled Tribes (NCSCST)
x
Ƭ ǡ original constitution
Special OfficerArticle 338Ǥ
x Commissioner for SCs & STs

Ǥ
Ƭͳ͹
Ǥ
x ǡƬ
Ǥ
x ǡ͵͵ͺǦ
Ǥǡ
Ƭͳͻ͹ͺ
Ǥ
x National Commission for Scheduled Castes and Scheduled TribesǤ
National Level Advisory Body

Ǥ ǡ ǡ
Ǥ
x ǡ
ȋ Ȍ ǡ ͳͻͻͲǤ
NCSTSTǤ
x ͳͻͻͷǡǤǤ
x ͳͻͻͺǤ
x ǤʹͲͲʹǤ
ǡ ͺͻ ʹͲͲ͵ NCSC
under Article 338NCST under new Article 338AǤ
Structure of NCSC and NCST
ǡǦfive otherǤ
ǡ Ǧ Ǥ

Ǥ
Duties of NCSC and NCST
ǯǯ
Ǥ
ǯ
ǯǤ
Ǧ ǯ ǯ
Ǥ

Ǥ

ǡǦǯǯǤ
ǡǯ
ǯǡǤ
Power of NCSC and NCST
Ǥ
they have all the powers of a civil courtǣ
o
Ǥ
o Ǥ
o Ǥ
o Ǥ
o Ǥ
o ǡǡǤ
Consultation by Union and State Governments
ǯ
ǯǤ
Reservation of Seats for Anglo-Indians
͵͸͸ ȋʹȌ Ǧ

Ǥ
͵͵ͳmaximum of two members
ǡ Ȁ
Ǥ

͵͵͵ǡ

ǡȀǤ
͵͵͹
ͳͲ Ǥ ǡ
ͳͻͶ͹Ǥǡ̷ͳͲΨ
ͳͲǤ
Reservation to backward classes
Ǥ

Ǥ
͵ͶͲȋȌ

Ǥ
Part XVI and Linguistic Minorities

ǤǤ
͵ͷͲǦ
Ǥ
ǡ
Ǥ
͵Ͷ͹Ǥ

ǡ

Ǥ
͵ͷͲ
ǡ
Ǥ
͵ͷͲǦǤ

Ǥ
Ǥ
Part XVII- Official Language
x 343. Official language of the Union.
x 344. Commission and Committee of Parliament on official language.
x 345. Official language or languages of a State.
x 346. Official language for communication between one State and another or between a State and the Union.
x 347. Special provision relating to language spoken by a section of the population of a State.
x 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
x 349. Special procedure for enactment of certain laws relating to language.
x 350. Language to be used in representations for redress of grievances.
x 350A.Facilities for instruction in mother-tongue at primary stage.
x 350B.Special Officer for linguistic minorities.
x 351.Directive for development of the Hindi language.
ͳ͹ ȋ ͵Ͷ͵ ͵ͷͳȌ
Ǥ
͵Ͷ͵͵ͶͶǤͺ
Ǥ
Which is the Official language of union?
Ǥ
ͳͷ
ǡEnglish will continue to be used for all official purposes of the UnionǤ
ǡ ǡ

Ǥ
ͳͷǡ
Ǥ
o
Ǥ
o ȋȌ
ȋǤ͵ͷͳȌ
What is the Parliamentary Committee on languages?
͵ͶͶͷͳͲǡ
Parliamentary Committee of 30 members representing the different languages
specified in the eighth schedule ǡǣ
Ǥ
Ǥ
Ǥ
Ǥ
Can states have their own languages as official languages?
Ǥǡ

Ǥ
What is the language of communication between Union and States?
͵Ͷ͸ǡ
ǣ
ǤǤ

ǡǤ
What is the language of courts?
͵Ͷͺǡ
Ǥ
What is the special directive given by Constitution for promotion of Hindi?
͵ͷͳ ǡ

ǡǡ
ǡ
ǡǡǡ
Ǥ
What language a person may use to redress his grievances?
͵ͷͲǡ
to any officer or authority of the union or a state in any of the languages
ǡǤ
What is Special Officer for Linguistic Minorities?
͵ͷͲǡspecial officer for linguistic minoritiesǤ
appointed by the presidentǤ

Ǥ
Please note that this report is also one of those reports laid before each house of parliament and sent to the
government of the states concerned.
When was first Official Commission appointed?
ͳͻͷͷ Ǥ
Ǥ
ͳͻͷ͸ ͳͻͷ͹
Ǥ
What is the Authorized translation (central laws) act, 1973 ?
ͳͻ͹͵ǡȋȌǡͳͻ͹ǡ
ȋ Ȍǡ ǡ
ǡ
Ǥ
What are the scheduled languages?
ʹʹ Ǥ
ǡ

ǡǤǡǡǤ

ǡ ̶
Ǥ̶
ǡ
Ǥ
ͻʹʹͲͲ͵ǡͶȂǡǡǡȂ
ͺǤ
PART XVIII ಩ EMERGENCY PROVISIONS
͵ͷʹǤǤ
͵ͷ͵ǤǤ
͵ͷͶǤǤ
͵ͷͷǤǤ
͵ͷ͸ǤǤ
͵ͷ͹Ǥ͵ͷ͸Ǥ
͵ͷͺǤͳͻǤ
͵ͷͻǤǤ
͵ͷͻǤȏǤȐ
͵͸ͲǤǤ
Introduction
ͳͺǤ
Ǥǡ
Ǥ

ȋͳͻͳͻǦͳͻ͵͵ȌǤ
War Emergency: Article 352
x ͵ͷʹ
ǡ
Ǥ
x Ǥ
x ͵ͷʹǣ
o Ǥ
o cannot be made by the president unless the Union cabinet
gives him in written that such proclamation should be madeǤ
o ǡǤ
Ǥ
ǡǤ
o It may be that at the time of the proclamation, the house of people has been dissolved or its
dissolution takes place within the period of two months after the proclamation. In these cases, the
proclamation shall be laid before Rajya Sabha. If Rajya Sabha passes it, it must be approved by Lok
Sabha within the 30 days of the new meeting of the Lok Sabha. However, if Rajya Sabha itself does
not pass the proclamation, the proclamation would cease to be valid.
o Power of President to declare an Emergency may be made use of even before the
actual occurrence of aggressionǤ
Effect of Proclamation of War Emergency: Article 353 & 354
x ǡ
ǤǡǤ
o ǡ
Ǥ
o ǡ ǯ
Ǥ
x ǡ
Ǥ
x ǡǤ
Ǧ
Ǥ
Consequences of Emergency
x
ȋ͵ͷ͵ȌǤ
x Ǥ
ǡǤȋ
͵ͷ͵ȋȌȌǤ
x Ǥǡ

Ǥ
x
Ǥ
x ǤͳͻǤ
ǡǤͳͻǤ
x ȋǤ͵ͷͻȌǤ

Ǥ
ʹͲʹͳǤ
Instances of National Emergency
x ͳͻ͸ʹ Ǥ
Ǧͳͻ͸ͷǤ
ǡͳͻ͸ͺǤ
x ͳͻ͹ͳ
ͳͻ͹͹Ǥ ͳͻ͹ͷ
ͳͻ͹͹Ǥ
x However, as a result of the 44th amendment of the constitution it is no more possible to declare national
emergency on grounds of internal disturbances. Instead it can be declared on grounds of armed rebellion.

Constitutional Emergency in States: Article 356
x

ǡȀǤ
x

Ǥ
x Ǥ
x
Ǥ
Please note the following points:
x Ǥ
x
Ǥ ǡ even if Parliament has approved the proclamation, it will normally cease to
operate 6 months after the Parliamentary approval.
x
Ǥ
ǦǤ
x ǡ
Ǥ
o Ǥ
ǡ
Ǥ
x Parliament is also empowered to authorize the president to sanction expenditure from the Consolidated
Fund of the state.
x
Ǥ
Instances of Constitutional Emergency & Sarkaria Commission Report
x ͵ͷ͸ͳͳͲǤ
ͳͻͷʹǤ

Ǥ ǡ
ǡ Ǥ
they had
lost contact with the people, or failed to protect the minority ǡ
Ǥ
x
Ǥ
Sarkaria Commissionǡ ǡ
Ǥǡ
Ǥ
The main suggestions of Sarkaria commission in this regard as follows:
o ͵ͷ͸
Ǥ
o ͵ͷ͸Ǥ

Civil Services Examination 2013
Conventional General Studies-9 www.gktoday.in
o
ǡ
Ǥ
o
Ǥ
o
Ǥ
o ǯ
Ǥ
o
Ǥ
Is dismissal of state Government subject to Judicial Review?
x ǤǤǤȋͳͻͻͶȌ

Ǥ
ǯǣ
o Ǥ
Ǥ
o Ǥ͵ͷ͸Ǥ
o ǡ
Ǥ
o Ǥ
o ǯǤ
o Ǧ
Ǥ
What is the impact of Emergency on Fundamental rights ( Article 358, 359)?
x ǡState is empowered to
suspend the Fundamental Rights given in Article 19.
x
Ǥǡ

Ǥǡ
Ǥǡ
Ǥ
Financial Emergency : Article 360
x
ǡȀǤ
x
Ǥ
x ǡ

ǡǤ
x

Ǥ
x Ǥ
Part XIX: MISCELLANEOUS
ͳͻǤ
x ͵͸ͳǤ
Ǥ
x ͵͸ͳǤ
x ͵͸ʹǤȏǤȐ
x ͵͸͵ǤǡǡǤ
x ͵͸͵ǤǤ
x ͵͸ͶǤǤ
x ͵͸ͷǤǡǤ
x ͵͸͸ǤǤ
x ͵͸͹ǤǤ
What are the Immunity Provisions for President and Governor?
x ͵͸ͳǡ
ͳǤ
not personally answerable to any court
ǡǤ
ʹǤ Ǥ͵͸ͳ
President may be brought under review by any court, tribunal or
body appointed or designated by either House of Parliament
͸ͳǤ
͵Ǥ No criminal proceedings can be started ǡ

ǡǤ
ͶǤ No court can issue arrest warrants for President as well as GovernorǤ
ͷǤ Civil proceedings against a Governor or President against things done by him in his personal
capacity can be done only with a prior 2 months noticeǤ
Can size of ministry exceed the 15% cap in some states?
x Ǥ ͵͸ͳ ȋǦ Ȍ ǡ ʹͲͲ͵
ǡ

ͶͲǤThese state government can have a maximum of 12 ministers.
When was the Privy Purse abolished?
͵͸͵ ȋǦ Ȍ ǡ ͳͻ͹ͳǤ
abolition of Privy PurseǤ
x ǡ
ǡǤ
ǡ
ǡǤ
ǡǡ

ǡǤ
x ȋǦȌǡͳͻ͹ͳǡ͵͸ͳ
ǡ ǡ ȋǦ
Ȍ ǡ ͳͻ͹ͳǡ
ǡǡ
ǡǡ
ǤǤ

Is there any special power of president in context with major ports and aerodromes?
x ͵͸Ͷ Ǥ

Ǥ
What are the extraordinary emergency powers of President as per Article 365?
͵͸ͷ Ǥ
͵ͷʹ͵͸ͷǡ

Ǥ
͵͸ͷǡǡ
ǡ

Ǥ
x ̶ ̶ ͵͸ͷ
ǤǡǤ
x Ǧ ǡ ǡ
ȋȌ

ǦǤ
x
ǡ Ǥ ǡ
ǡǡ
Ǥ

ǡǤ

Ǥ
Thus Article 365 acts as a screen to prevent any hasty resort to the drastic action under Article 356 in the event of
failure on the part of a State Government to comply with or to give effect to any constitutional direction given in the
exercise of the executive power of the Union.ǡ͵͸ͷ
Ǥ
Part XX : Amendment of the Constitution
͵͸ͺ
ǤǣȄ
Bills that are passed by Parliament by simple majority;
x ͵͸ͺȋʹȌ
Ǣ
x
ǦǤ
x ǡ
Ǥ

ǣ

Civil Services Examination 2013
Conventional General Studies-9 www.gktoday.in
o ǡ ǡ ǡ
ȋʹǡ͵ͶȌǢ
o ȋͳ͸ͻȌǢ
o ȋ ͹
ȌǢ
o ǡǡȋʹͳ
ȌǤ
ǡ
͵͸ͺǡǡǮǯǤ
͵ Ƭ Ͷ
Ǥ
ͳͳͳǤ
Constitution Amendment Bills
x
͵͸ͺȋʹȌǮǯǤ
Ǥ ǡ
ǯ
Ǥ
Ǥ
x Ǥǡǯ
ͳͳ͹ʹ͹ͶǤ
Amendment by Special Majority
x Ǥ
Ǧ
ǲǳǤǲǳ

Ǥ ǲ ǳǡ ǲǳ ǲǳǤ
ǲǳ
ǡǲǤǳ
Amendment Bills that require ratification by the State Legislatures
ǣȄ
x ǡ
x ǡ
x ǡ
x ǡǡ
͵͸ͺ
ǡ
Ǧ
Ǥ
Bills that need Joint Sitting
x Constitution Amendment Bill,
there cannot be a joint sitting of the Houses of Parliament on the Bill as article 368 of the Constitution
requires each House to pass the Bill by the prescribed special majorityǤ ǡ Money Bills also
there is no need of joint sitting because the assent of Rajya Sabha is immaterial.
Presidential Assent to Constitution Amendment Bills
ǡ ǡ
͵͸ͺ
Ǥ
Part XXI-and XXII
What were the powers given to Parliament to make temporary laws on state list subject?
x ͵͸ͻ
ͷǤ
x ǡ ǡ ǡ
ǡȋȌǡ
ǡȋȌǡǦȋȌǡȋ
ǦȌǡȋȌǡǡǤ
What are the special provisions in respect to Jammu & Kashmir?
x ͵͹Ͳ ƬǤ
except for Defence, Foreign Affairs, Finance and Communicationsǡȋ
Ȍ Indian Parliament needs the State Government's concurrence for
applying all other lawsǤ
x ̵ ǡ including those related to citizenship,
ownership of property, and fundamental rights, as compared to other Indians.
x ǡ
ǡƬ

ͳͻ͹ͶǦ

Ǥ
x ͳͻ͹ͶǦ̶The State of Jammu and Kashmir which is a constituent unit
of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the
Constitution of India ̶Ǥ
x Indian citizens from other states and women from Jammu & Kashmir who marry men from other states can
not purchase land or property in Jammu & Kashmir. ǡ
͵͹Ͳȋ͵Ȍǡ ͵͹Ͳ
Ǥ
͵͸ͺ
͵͹ͲȋͳȌǤ
x Ǥ ͳͶ͹
Ǣ
Ǥ
x Ǥͷ

Ǥ
Can President make special provisions for some parts of the country for their development?
Ǥ͵͹ͳ

ǡ ǡ ǡ ǡ ǡ

ǤǤ
ǣ
x ͵͹ͳǣ͵͹ͳ
Ǥ ǡ

Ǥ
x ͵͹ͳǣ ͵͹ͳ Ǥ
ǡ ǡ

Ǥ
x ͵͹ͳǣ͵͹ͳǤ
ǡ ǡ

ǡ

Ǥ
x ͵͹ͳǣ͵͹ͳǤ
ǡ
ǡ
ǡ
ǡǤ
x ͵͹ͳȓȔ
x ͵͹ͳ ȓȔ
x ͵͹ͳ
ȓȔ
x ͵͹ͳȓȔ
x ͵͹ͳȓ
Ȕ
ǡ ȋͳͳͺ Ȍ Ǥ Part
XXI͵͹ͳȋȌǤ
͵͹ͳȋ ȌǤ
͸Ǥǡ

ǡ ǡ ǡ Ǥ
ʹͲͳͲǤ


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Facebook Group: Indian Administrative Service ( Raz Kr)

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Some landmark Supreme Court Judgments regarding the Freedom of Expression

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Applications of Fundamental Rights Continued…

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𝐏𝐨𝐩𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐬𝐭𝐚𝐭𝐞 1

The formula for value of the vote for an MP is as follows:

𝐓𝐨𝐭𝐚𝐥 𝐍𝐮𝐦𝐛𝐞𝐫 𝐨𝐟 𝐭𝐡𝐞 𝐕𝐨𝐭𝐞𝐬 𝐚𝐬𝐬𝐢𝐠𝐧𝐞𝐝 𝐭𝐨 𝐚𝐥𝐥 𝐞𝐥𝐞𝐜𝐭𝐞𝐝 𝐌𝐋𝐀𝐬

Kindly note the following observations

Who is Returning Officer in President Elections?

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 Total Value Of Votes Of 776 Members Of Parliament = 708 X 776 = 549408

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even a joint sitting.

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Functions of Vice President

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Following table shows the composition of Present Rajya Sabha.

Arunachal Pradesh 1 Jharkhand 6

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Union Judiciary & State Judiciary

Retirement Age of the Supreme Court and High Court Judges

How the Judges of Supreme Court Removed?

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