General Studies

For UPSC (Prelims and Mains)and State PCS

Exams

Gaurav Agarwal
Table of Contents
Introduction
© Copyright 2019 by Gaurav Agarwal- All rights reserved.
Modern Indian History
Chapter 1- Socio Religious Awakening
Chapter 2 - Land Revenue Systems under British
Chapter 3 - Major policies of British
Chapter 4 - Institutions under British
Chapter 5 - Economic Impact of British Rule
Chapter 6 - Freedom of press under British
Chapter 7 - Freedom struggle in princely states
Chapter 8 - Development of Education under British
Chapter 9 - Mutinies against the British
Chapter 10 - Rise and Growth of India's Nationalism
Chapter 11 - Partition of Bengal and Swadeshi Movement.
Chapter 12 - First world war and Ghadar
Chapter 13- Home-rule league movement
Chapter 14 - Arrival of Gandhi to Non-Cooperation movement
Chapter 15 - Growth of left and second phase of revolutionary Movement
Chapter 16 - Simon Commission 1927
Chapter 17 - Civil Disobedience Movement (CDM)
Chapter 18 - Government of India Act 1935
Chapter 19 - 28 months of congress rule
Chapter 20 - World War-II and August Offer
Chapter 21 - Congress Response to August Offer, Individual Satyagraha
and Cripps Mission
Chapter 22 - Quit India Movement
Chapter 23- Indian National Army, INA Trials and RIN ratings strke
Chapter 24- 1945 Election's to Indian Independence Act
Congress won 91% of non-Muslim vote and captured 57 out of 102 seats in
the central assembly.
Indian Economy
Chapter I: National Income
Chapter II: Banking and Finance
Chapter III: Industry and Public Sector
Chapter IV: Foreign Investment, Foreign Trade and Balance of Payment's
Chapter V: World Bank
Chapter VI: International Monetary Fund (IMF)
Chapter VII: General Agreement on Tariffs and Trade (GATT) and WTO
Chapter VIII: Capital Market
Indian Art and Culture
Chapter I: Indian Classical Dances
Chapter II: Philosophy
Chapter III: Paintings
Chapter IV: Indian Music
Chapter V: Theatre
Chapter VI: Puppetry
Chapter VII: Calander
Chapter VIII: Literature
Chapter IX: Temple Architecture
Chapter X: Ancient Indian Architecture
Chapter XI: Medieval and Modern Architecture
Indian Polity
Chapter I: Fundamental Rights
Chapter II: Fundamental Duties
Chapter III: Directive principles of state policy
Chapter IV: Judiciary
Chapter VI: Union Legislature
Chapter VII: Union Executive
Chapter VIII: State Executive and Legislature
Chapter IX: Center State Relations
Chapter X: Panchayati Raj Institutions
Chapter XI: Constitutional and Non-Constitutional Bodies
Chapter XII: Elections in India and Election Commission
Conclusion
Introduction
This book is designed and targeted to crack UPSC and State PCS exams. This
is written with the intention to help IAS and PCS aspirants to cover the
syllabus of General Studies so that they can stick to one source and save their
time by not referring to multiple sources, the author has covered all the
standard textbook material as well as the major coaching institute notes to
develop concise and powerful material for the contents of this book.
This book along with the current affairs for the year will help you to
cover the syllabus for UPSC prelims as well as mains exam for the topics of
this book. As a UPSC aspirant you must be informed by now that to crack
this exam smart work is more important than hard work, this book helps you
do that smart work, to outperform others in a competitive exam like UPSC
you need this book.
Please solve and apply this book on previous 10 year questions for
both prelims and mains, it is essential to have an edge among other aspirants.
Thanks again for downloading this book, I hope you’ll enjoy it!
© Copyright 2019 by Gaurav Agarwal- All rights
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Modern Indian History
 Chapter 1- Socio Religious Awakening
The most important impact of western culture on India was the replacement
of a blind faith in current tradition’s, belief's and conventions by a spirit of
rationalism.

During the 19th century as result of the impact of British rule, there were
persistent demands for the removal of social abuses and introduction of social
reforms on modern lines.

There was also a change brought about in the domain of the literature, which
reflected the spirit of socio-religious movement as well as of modern age.

So, on the one hand, orthodox Indian opinion and anti-British influences
crystallized in the formation of Arya Samaj while on the other hand western
humanitarian and rationalist thought helped in the germination of
cosmopolitan socio-religious movement's such as Brahma Samaj, Prarthna
Samaj and Theosophical Society

Causes of the reforms

1. In British rule there was supremacy of civil over military authority in the
administrative hierarchy. All these factors created conditions for intellectual
growth.

2. Determined bid of Christian missionaries to convert India into Christianity.

After Charters act of 1813 was passed, restriction on immigration to India of
missionaries was removed and hordes of them came to India.
Raja Ram Mohan Roy (RRMY) and his Brahmo Samaj

RRMY had good knowledge of languages, Bengali was his mother tongue, he
also knew Persian, Arabic, English, Latin, Greek, and Hebrew. He had
implicit faith in mass education as a soul means of eradicating pernicious
social and religious practices and elevating individual character.

He established Atmiya Sabha to propagate monotheism and fight

against evil practices and customs in Hindu religion.
He established Vedanta college in 1825 to teach the Hindu
monotheistic doctrines and to foster proper study of Sanskrit.
As a realist of his time he was aware that the country was not
immediately ready for freedom and therefore viewed British rule
as beneficial and he thought that it would prepare people for
democratic and constitutional form of government and would help
speed up modernizing social and economic life of the country.

His Contributions

1. In religion he asked the Hindus to reaffirm the old creed of unity of god as
contained in Vedic literature. He laid emphasis on love of mankind,
irrespective of color, race, creed and upon service of man as the highest rule
of life.

2. Because of his efforts Sati was abolished in 1829 when Lord Bentick
passed a govt regulation.
Dayabhaga school and not Mitakshara school of Hindu Personal law, allowed
greater rights to widows to inherit her deceased husband's property and this
was the reason for sati being more prominent in areas such as Bengal where
the Dayabhaga school was followed.

3. In 1828 he founded a new religious society the Brahmo Sabha which was
later known as Brahmo Samaj, it's aim was to purify hindu religion and to
preach monotheism, and it's two pillars were Vedas and Reason. Brahmo
samaj laid emphasis on human dignity, opposed idolatry and criticized social
evils as sati, child marriage and supported education to woman and widow
remarriage.
4. He put his faith in monotheism.

5. He wrote “First gift to Monotheists”.

6. Percept's of Jesus in 1820. In which he separated the miracle stories from

teachings of Jesus, thus bringing about the core values of religion

7. He founded a Bengali weekly newspaper in 1821, Sambad Kumadi against

the practice of sati, another newspaper he published was Mirat-ul-Akbar.

8. Instead of religious ritual's he promoted charity, morality and union

between man of all religion.

(DEAR READERS : MAKE NOTE OF NEWSPAPERS STARTED BY

LEADERS AS THEY COME IN MATCH THE FOLLOWING AGAIN AND
AGAIN IN PRELIMS)

Political demands of RRMY

1. He suggested Indianization of Superior Services by including more
Indians in the civil services.
2. He called for the separation of the executive from the
judiciary. Judicial equality between Indians and Europeans and
that trial to be held by jury.
3. As a political activist, Raja Ram Mohan Roy condemned
oppressive practices of Bengali Zamindars and demanded fixation
of maximum rents. He did not demand its abolition i.e. Abolition
of Zamindari system.
4. Abolition of tax on tax free lands and reduction of export duties on
Indian goods abroad.
5. Abolition of East India company's trading rights.

Henry Vivian Derozio

He started young Bengal movement.
Followers of Derozio were called Derozian's.
He was inspired by French Revolution.
He inspired his people to think freely, rationally and oppose
 decadent custom's and tradition's
He was expelled from Hindu college in 1831.
He was the first Nationalist poet of Modern India.

Limitation's
1. Failed to have a long-term impact.
2. Lack of support base among the masses like peasant's, worker's
and artisan's.

Debendranath Tagore

He was the father of Rabindranath Tagore and he founded Tatvabodhini

Sabha (TS) to propagate the Ideas of Raja Ram Mohan Roy. TS and its organ
Tatvabodhini patrika promoted systematic study of India’s past in Bengali.

Ishwar Chandra Vidya Sagar

He was principal of Sanskrit college and was one of the great social
reformers of 19th century Bengal. He opposed child marriages, polygamy but
mainly worked for the cause of widow remarriage.
Through his relentless efforts Hindu Widow Remarriage Act was passed
which legalized the marriages of Hindu widows. His efforts of reforming
Indian society were not only limited to Bengal but also contributed to the
awakening of Indian society.

He set up Bethune college in 1849.

Supported Widow remarriage and opposed child remarriage and
polygamy.
In 1850 he became principle of Sanskrit College and popularized
Sanskrit learning for the masses.
First lawful Hindu widow remarriage happened in Calcutta in
1856.

Dadabhai Naoroji

He was leading social reformer of Bombay. He was founder of Parsi law

association with aim to reform the Zorastrian religion by agitating for grant of
equal legal status to woman for uniform laws of Inheritance and marriage for
the Parsis.

Bhandarkar, Ranade and Prarthana Samaj

Prarthana Samaj was founded in Maharashtra by RG Bhandarkar

and Mahadev Govind Ranade, it was powerfully influenced by the
Brahmo Samaj.
Aim of Prarthana Samaj was to reform Hindu religious thought
and practice in the light of modern knowledge.
Prarthana samaj preached the worship of one god and tried to free
religion of caste orthodoxy and priestly domination.
Ramkrishna Paramhansa, Vivekananda and Ramkrishna Mission

Ramkrishna Paramhansa was born in 1836 in Hoogly district of Bengal, he

was a saint who sought salvation in traditional ways of renunciation,
Meditation and Devotion. He believed in oneness of god and considered
Rama, Krishna, Hari, Christ, Allah are different names of the same god who
is Omnipresent.

Swami Vivekananda was his great disciple who was born in well to do family
in 1863. Educated in a mission school and college, he distinguished himself
in Philosophy.

After death of Ramkrishna Paramhansa Vivekananda founded a monastic

order in a rented house which was known as Ramkrishna Math or Mission. It
was not a religious order but a social service mission based on RKP's concept
of worship of god in men and the universal unity of all religions.

Vivekananda was a firm believer in Vedanta and practice of scientific

knowledge. He restated in simple language India's metaphysical thought in
terms of Modern science and philosophy. He represented Hinduism to the
parliament of religion's convened at Chicago in 1893. He introduced Vedanta
and its spirituality to the west in a series of brilliant lectures in the US and
later in England.

He applied principles of Vedanta to the affairs of everyday life and he also

had a keen sense of patriotism and nationalism which was evident in his
writings.

Dayanand Saraswati
Founded Arya Samaj in 1875, gave the slogan “ Go Back to
Vedas’’, wrote the book Satyarth Prakash, which contained
Philosophical and Religious Ideas.
Opened a network of schools called Dayanand anglo vedic
movement's (DAV) in India.
Started shuddhi movt's to bring back those Hindu’s converted to
Islam and Christianity. Later, it led to growth of communal
consciousness. Attack religious superstition and promoted equality
of men among different religions and discouraged female
inequality.

Theosophical Society

It was founded in US by Madam HP Blavatsky and colonel HS Olcott they

later came to India and formed Headquarters of the society in Adyar Madras
in 1886. The original theosophists were westerners who glorified India’s
religion and philosophical tradition. Theosophists advocated the revival and
strengthening of ancient religion 's of Hinduism, Zoroastrianism’s and
Buddhism. They recognized the doctrine of transmigration of soul, they also
preached universal brotherhood of man.

Theosophical society accepted Hindu beliefs of reincarnation and karma and

drew inspiration from the philosophy of Upanishads and Samkhya, yoga and
Vedanta schools of thought. In India, the movement became popular with the
election of Annie Besant as the first woman president of congress. Annie
Besant laid the foundation of Central Hindu College in Banaras (now
Varanasi) which later became BHU in 1916. Theosophists as westerners
glorifying India’s religious and philosophical traditions gave the much-
needed self-respect to the Indians fighting British colonial rule.

Mahadev Govind Ranade

Founder member of Indian National Congress and established
Poona Sarvajanik Sabha and Prarthana Samaj.
 He was the editor of Anglo Marathi Daily Paper, Indu-Prakash, he
worked for the upliftment of woman through woman education
widow remarriage and raising the age of marriage and
discouraging caste system.
He was the founder of social conference movement 1897.

Jyotibha Phule
He founded Satyashodhak Samaj (Truth Seeker Society found in
1870) against the upper caste domination and brahmanical
supremacy.
He belonged to the Mali community, leadership of samaj came
from backward classes like Malis, Kundlis etc.
Aims of this movement were

1. Social Service.
2. Spread of education among woman and lower class people.
3. Phule aimed at complete abolition of caste system.

Female social reformer (Pandita Ramabai)

Spoke against child marriage and encouraged girl's education and
started Arya Mahila Samaj, to improve conditions of child widow's
and woman in general. Established mukti mission in pune as a
refuge for young widow's and started Shardha Sadan for providing
Housing, Education, Vocational training and Medical Services to
widow's.

Muslim Movements

Sir Syed Ahmed Khan and The Aligarh Movement

As per the official view on the revolt of 1857 Muslims were the main
conspirators. But later the Britishers thought that Muslims could be used as
allies against the rising tide of nationalist political activity represented by the
foundation of Indian National Congress, this was to be achieved by offers of
thoughtful concessions to the Muslims.
Group of Muslims led by Syed Ahmed Khan was ready to allow official
patronage to stimulate a process of growth among Indian Muslims through
better education and employment opportunities.

He was born in 1817, and was a member of judicial service, a member

imperial legislative council and earned knighthood in 1888. He started
Mohammedan Anglo Oriental College in Aligarh.

He wanted to reconcile western education with teachings of Quran. He

struggled to improve position of woman through education, opposed purdah,
polygamy and easy divorce.

He argued Muslims to focus on education and jobs and stay away from
politics as it would invoke hostile action from govt.

So Aligarh Movementt aimed at spreading modern education and social

reform's among Muslim’s.

Deoband movement

It started in Saharanpur in Uttar Pradesh, it aimed to train religious leaders of

the Muslim community. In contrast to Aligarh movement this was to moral
and religious regeneration of Muslim community. Deoband school was
established and instruction's imparted were in original Islamic.
The Deoband Movement (1866) was organized by the orthodox
section among the Muslim ulema (Mohammad Qasim Nanotavi
and Rashid Ahmed Gangohi) as a revivalist movement with the
twin objectives of propagating pure teachings of the Quran and the
Hadis among Muslims and keeping alive the spirit of jihad against
the foreign rulers.
On the political front, Deoband School welcomed the formation of
Congress and issued fatwa (religious decree) against Sir Syed
Ahmed Khan's Mohammaden Anglo-Oriental Association.
Sikh Reform Movements

Singh Sabha movement was founded in Amritsar in 1873 with two-fold

objectives.
1. To make available modern western education to the Sikhs, so Khalsa
schools were established.
2. To counter the proselytizing activities of Christian missionaries as well as
Hindu revivalist.

Akali movement was an offshoot of the sikh sabha movement which was
aimed at liberating the Sikh Gurudwaras from corrupt Mahants (priests). In
1921 Govt bowed down before the satyagrahi Akalis and passed Sikh
Gurudwara Act in 1922 which gave control of gurudwaras to sikh masses to
be administered through Shiromani Gurudwara Prabandhak committee
(SGPC) as the apex body.

Keys Affair

In keys affair Govt made effort to keep keys of golden temple to which
SGPC advised Akalis to launch hartals, eventually govt bowed down and
handed keys of Toshakhana of Golden Temple to Baba Kharak Singh who
was head of SGPC.

Guru Ka Bagh (GKB) gurdwara incident

GKB is a place 20 km from Amritsar, a mahant had complained to police

when Akalis cut the Khakkar tree from gurudwara land. Police came heavily
on Akalis beating them badly but later because of satyagraha of Akalis
government gave rights to Aklalis to cut trees from gurudwara property when
the entire country was outraged.

It was after a result of Akali movt that pro-British feudal leadership of Sikhs
was replaced by educated middle class nationalists.

Miscellaneous movement's

Shri-Narayan Dharm Guru Paripalna Movement(SNDP)

1. Started by Shri Narayana Guru Swami in 1902 in Kerala.
2. Among the Ezhawas of Kerala
3. Aims of SNDP

Right to public school.

 Recruitment to govt services.
Access to road and temple entry.
Political recognition.
Self-Respect Movement
Started by E.V Ramaswamy Naikar in 1920's against the
domination of Brahmanical class and exploitation of lower castes.
Vaikom Satyagraha
Led by KP Kesava in 1924 demanding throwing open of Hindu
Temples and roads to untouchables.
Though it was not a success but was reinforced by Jatthas from
Punjab and Madurai.
In 1931 temple entry movement was again organized in Kerala.
In 1936 Maharaja of Travancore issued a proclamation for opening
of temples to untouchables.
In Madras in 1938 under the leadership of C Rajagopalachari,
temple entry was allowed for untouchables.
Servants of India Society
Founded by Gopal krishna gokhle in 1935, to train national
missionaries for the service and prepare a cadre of selfless workers
to devote their life for the cause of the nation.
Outcomes of reform movement's
1. Nation Building
2. Education
3. Woman Empowerment leading to participation of woman in
freedom struggle.
4. Removal of caste division's in society.
5. Political consciousness
Drawbacks of social reform movements
1. Urban centric
2. Limited reach
3. They did not generate social capital (goodwill).
 4. Limited to upper classes.
5. Compartmentalized movt's along religious lines.
6. Narrow social base
7. Communal Consciousness.
Important questions
Q1. Problems of women before independence and the contribution of
reformers towards solving those problems.
Q2. Role of woman in India’s Struggle for Independence? (2013 Mains)

Ans.1 Degrading Customs against woman before Independence were

Polygamy, Purdah, Restrictions to Widow remarriage, Child Marriage,
Female Infanticide and Sati. Because of the indefatigable efforts of reformers,
several administrative efforts were adopted by the government to improve the
condition of Woman.

Abolition of Sati

Because of the relentless efforts of Raja Ram Mohan Roy, the govt declared
the practice of sati or burning alive of widows illegal and punishable by
criminal courts as culpable homicide, to this effect Regulation of 1829 was
passed first in Bengal and later extended to Madras and Bombay
presidencies.

Female Infanticide.

The Bengal regulations of 1795 and 1804 declared infanticide illegal and
equivalent to murder, an Act passed in 1870 made it compulsory for parents
to register the birth of all babies.

Widow Remarriage (WR)

Although WR was high on agenda of Brahmo Samaj of RRMY but it was

mainly because of the efforts of Pandit Ishwar Chandra Vidyasagar that
the Hindus Widow Remarriage Act 1856 which legalized the marriage of
Hindu widows was passed.

Child Marriage
The relentless efforts of Parsi reformer B.M. Malabari were rewarded by the
enactment of Age of Consent Act 1891 which forbade the marriage of girls
below the age of 12.

Education of Woman

Calcutta female juvenile society 1819 by Christian missionaries.

Bethune school by JED bethune, president of Council of education in
calcutta.
Indian womans university by Prof Karve in 1916. Same year Lady Hardinge
Medical College for Woman was opened.

Ans 2:

Woman played an active and important role in the struggle for freedom.

They participated in large numbers in the agitation against Partition of

Bengal, in the Home rule movements and in Swadeshi Movement, this was a
major liberating movement for the otherwise home centered Indian Woman.

After 1918, they marched in political procession's, picketed shops selling

foreign cloth and liquor, went to jail in non-cooperation movement, faced
lathis, tear gas and bullets and participated actively in revolutionary terrorist
activity and voted in election to legislatures.

They stood as candidates and got elected to various legislatures and local
bodies. Annie Besant became the first Woman President of INC while
Sarojini Naidu became second woman president of INC. Several woman
became ministers and parliamentary secretaries in popular ministries in 1937.

They started All India Woman's Conference in 1927 to led the woman's
movement.
 Chapter 2 - Land Revenue Systems under British
Dual System

In 1765 Britisher's established dual govt in Bengal i.e They acquired and kept
the Diwani right's (collecting taxes and revenue) with themselves while the
law and order would be given to local nawab's. They introduced this system
to avoid public backlash and to escape from spotlight both at home in British
parliament and in India as reports of their exploitation were flying back to
Britain.

Diwani System
When Warren hasting's took charge as governor general he implemented the
Auction Route i.e Diwani System. In this system, whoever as a middleman
can extract maximum revenue will get the right to be the middlemen and take
the commission. So, a new class of society will emerge, i.e Zamindar's and
money lender's, so a system of exorbitant land revenue emerged.
Permanent settlement
Lord Cornwallis introduced Permanent Settlement system in Bengal, this
system fixed land revenue, which Cornwallis thought would encourage the
landholders to invest in modernization of agriculture. This system was
inspired by the British model of farming where feudal lords were permanent
owners of land. Under this system the Permanent Settlement was made with
landlords, it was implemented in Bengal, Bihar and Orissa, he fixed 85%
Land revenue for the Britisher's.
As a part of permanent settlement, he instituted
Ryotwari System in South i.e Madras and Coimbatore where
Individual peasant's (not tenant's but peasants who are owners of
land) are ryot's i.e. owners of land as no Zamindar's were there.
In Punjab, he instituted Mahalwari System. Mahal's were group of
3-4 villages and how much they must give was decided by village
elder's.

Question: Though the battle of plassey was a major turning point for the
british rule in India, it was actually the battle of buxar which firmly establish
British as a major political and military power. Elaborate? (200 Word's)
Ans:
Why Battle of Plassey was a major turning point ?
Before battle of Plassey East India Company has no signifiacant
political power and any revenue source and when in battle of
plassey 1757 they defeated Siraj ud daula, they acquired the
revenue right's in Bengal which flush them with money and they
were exempted from giving Dastak (a tax) which made their trade
highly profitable. So, the battle raised their status from a mere
trading company to a major revenue power.
Though the Battle of Plassey gave EIC the riches of Bengal it was not a
decisive military victory.
In Battle of Buxar

Dissatisfied Mir Quasim (bengal), Shah Alam -I, Ambititious

Sujah ud daula(awadh) and Strugling French fought british in
Buxar in 1765 but by now british were very strong and they
defeated the other three.
So the victory of Britisher's in Buxar, established them as a major
Military power in India, and as Britisher's fought and won a battle
between Awadh, Mir Quasim and French, it also got them the
Diwani right's which established them as a major political power
in North India.
 Chapter 3 - Major policies of British
Foreign policy of Britisher's till 1857
With Burma: In 1824 they wage a war against Burma and won the
war to protect their Assam States. They found the timber very
helpful so they waged another war with Burma on the pretext that
they were helping French and then they got access to upper and
lower Burma. In 1885 When King Thibaw of Burma signed some
commercial agreements with Germany, Italy and France Britisher's
attacked Burma saying the agreement is anti our interest, and
Burma was taken under British empire.
Nepal: No scientific border was there between India and Nepal,
they took the army and defeated them but not annexed them
because they wanted a buffer zone with China as Russia was
approaching, they signed a treaty and installed a British agent who
acted as a spy in their court. In 1814 they had a skirmish with
Nepal and they had taken some places like Nainital, Shimla etc.
Tibet, was never under china it was a Royal theocracy i.e. ruled by
Buddhist Monks but they recognize paramountcy of China, but
Russian influence was growing in Tibet, so they waged a war on
Tibet, in 1899 Lord Curzon got alarmed and waged a war. Dalai
lama the religious head fled. In 1907 Anglo-Russian convention
was signed.

Major overview of British policies till 1857.

We can divide them into 4 groups

Till 1740: This period is called Policy of relative isolationism, as
they were merely trader's.
1740-1765: Struggle for equality. In 1764 Buxar happened, they
were made a major political power as they fought all European’s.
1765-1813: Policy of ring fence. As there will be struggle for
supremacy with Indian princely states. There was 3rd Anglo
Maratha War in 1813, Maratha were defeated. ,1789 Lord
 Vellesely came and they adopted the system of Subsidiary
Alliance i.e Princely states are subordinates with a British resident
who acted as a spy in their courts.
1813-1857: They started annexing their subsidiary alliances, they
started usurping subsidiaries by lame excuses and flawed policies
like doctrine of lapse e.g. Awadh, Berar near Madras etc.

Doctrine of lapse
Under this policy when the ruler of a protected state died without a
natural heir, his state was not to pass to an adopted heir as
sanctioned by the age-old tradition of the country. Instead, it was
to be annexed to the British India, unless the adoption had been
clearly approved earlier by the British authorities.
The states annexed by the application of Doctrine of Lapse under
Lord Dalhousie were Satara (1848), Jaipur and Sambalpur (1849),
Bhagat (1850), Udaipur (1852), Jhansi (1854) and Nagpur in
(1853).
The Nawab of Awadh had many heirs and could not therefore be
covered by the Doctrine of Lapse thus Nawab Wajid Ali Shah was
accused of having misgoverned his state and of refusing to
introduce reforms. His state was therefore annexed in 1856.
Question: Analyze the changing nature of East India Company from the early
17th century till the middle of the 19th Century ?

Ans: Till
1740: They acted merely as trader's and didn't interfere much politically and
militarily.
1740-1765: They fought battle of Buxar and Battle of Plassey and were
politically and militarily aggressive.
1765-1813: They fought the 3rd Anglo Maratha War and conquered Princely
states and started politically subordinating princely states.
1813-1857: They were politically very aggressive, brought in policies to
annex princely states one after the other till they annexed Awadh after which
the sepoy mutiny happened.

Subsidary Alliance System

 Lord Wellesley did not invent the Subsidiary alliance system. The
system existed long before him and was of an evolutionary growth.
Dupleix was perhaps the first who had lent European troops to
Indian Princes at the expense of the latter. The English also
adopted this system. Wellesley’s special contribution was that he
greatly developed and elaborated the system and applied it in the
case of almost every Indian state.
Subsidiary treaty was negotiated on the following terms and conditions:
The Indian state was to surrender its external relations to the care
of the company and was to make no wars. It was to conduct
negotiations with other states through the company.
A bigger state was to maintain an army within its territories
commanded by British officers for the ‘preservation of peace’ and
the ruler was to cede territory in full sovereignty for the upkeep of
that force. A smaller state was required to pay tribute in cash to the
company.
The state was to accept a British Resident at its headquarters.
The state was not to employ Europeans in its service without the
consultation of the company.
The company was not to interfere in the internal affairs of the
state.
The company was to protect the Indian state against foreign
enemies of ‘Every sort of kind’.
 Chapter 4 - Institutions under British
Civil Service

Lord Cornwallis (Governor Gen 1786-1793) was the first to bring

into existence and organize the civil services. He tried to check
corruption by Increasing salary, introducing strict rules against
private trade, debarring officers caught taking bribes and by
enforcing promotion's through seniority.
In 1800 Lord Wellesly (Gov. Gen 1798-1805) established Fort
William College for training new recruit's, in 1806 Court of
director's disapproved Wellesley college and instead East India
College was established in its place at Hailey bury in England to
impart two-year training to new recruit's.
Charter Act 1853: Although the 1833 Act theoretically threw open
the service to Indian's but it was not implemented as the
recruitment is not through competition and was biased. 1853 Act
opened Indian Civil Service to competition, but still Indian's were
barred from attaining High Post's and Cornwallis famously said
''Every Native of Hindustan is Corrupt''.

(Note: In 1860, 1866 and 1878, maximum age of candidates for civil services
examination was respectively reduced to 22, 21 and finally to 19 years in
1878.) Some points for UPSC prelims

Proclamation of 1858 declared British intention of including the

Indian's freely and impartially to the service.
Indian civil service Act 1861: Civil Service Examination to be held
in England in English language.
In 1863 Satyendra Nath Tagore became the first Indian to qualify
the Indian Civil Service.
INC after 1885, demanded lowering the age limit for examination
and for it to be held both in India and England.
Montford Reform's 1919: Recommended exam to be held in India
and England and 1/3rd recruitment’s to be made in India itself.
GOI Act 1935: Recommended Federal Public Service commission
and Provincial Public Service commission.
Police

In 1791 Lord Cornwallis maintained a regular police force by going back to

and modernizing old Indian system of Thana’s in a district under a daroga
and the SP as the head of the district.

Bentinck (Gov-Gen 1828-35): Abolished the office of SP and the collector

was now head of police. System failed because of heavy burden on collector.

Indian Police Act 1861

It made Inspector General (IG) as head in province, Deputy IG as head in
range, SP as the head in a district. The police though succeeded in preventing
dacoity, thugee etc but while dealing with public the attitude of the police
was unsympathetic. The police were also used to suppress the national
movement.

In 1902 Police Commission recommended establishment of CID (Criminal

Investigation Department) in the provinces and the CIB (Central Intelligence
Bureau) at the Centre.

Judiciary

Earlier the administration of Justice was under Zamindar's and the process
was often arbitrary.

Reform's under Warren Hasting's (1772-1785)

District Diwani Adalat’s in districts for civil disputes and District
Fauzdari Adalat’s to try Criminal disputes under the overall
supervision of Collector.
Regulating Act 1773 established Supreme court in Calcutta
competent to try all British and Indian subject's in Calcutta and
subsidiary factories. Supreme court had original and appellate
jurisdiction
Reform's under Lord Cornwallis (1786-1793)
Fauzdari courts were abolished and instead circuit courts were
established in Calcutta, Murshidabad, Dacca and Patna. Which had
European judges and were for both civil and criminal cases.
District diwani adalat was removed and instead District, City and
Zilla court were established under a district judge. Collector now
was only responsible for revenue administration with no
magisterial function's.
Reform's under William Bentinck (1828-33)
Circuit court's abolished and their function was transferred to
collector's.
Till now Persian was official language in court's it was replaced by
English in SC.
A law commission was set up under Macaulay and Civil Procedure
Code 1859, Indian Penal Code 1860 and CrPC 1861 was laid out.
1865: SC and sadar adalat's were merged into three HC of Calcutta, Bombay
and Madras.
GOI Act 1935

Provided for a federal court set up.

Positive aspects of judiciary under Negative aspects of judiciary

British under British
Rule of law was established. Judicial system became more and
more complicated and Expensive.
Codified laws replaced the religious Court became overburdened as
and personal laws of ruler's. litigation increased.
Even European subjects were Often European judges were not
brought under jurisdiction although familiar with Indian tradition's
in criminal cases they could be tried
by European judges only
Govt servants were made answerable There was ample scope for false
to civil court's evidence.

Indian High Courts Act 1861:

By Indian High Courts Act 1861, the Supreme and Sadar Diwani
Adalat were amalgamated. The 'Indian High Court Act' of 1861,
vested in Queen of England to issue letters patent to erect and
establish High Courts of Calcutta, Madras and Bombay.
The High Courts of Calcutta, Madras and Bombay were
established by Indian High Courts Act 1861.
Indian High Courts Act, 1861 did not by itself create and establish
the High Courts in India. The objective of this act was to affect a
fusion of the Supreme Courts and the Sadar Adalats in the three
Presidencies and this was to be consummated by issuing Letter
Patent. The jurisdiction and powers exercised by these courts was
to be assumed by the High Courts.
The Indian High Courts Act 1861 had also spelled the composition
of the High Court. Each High Court was to consist of a Chief
Justice and NOT more than 15 regular judges. The chief Justice
 and minimum of one third regular judges had to be barristers and
minimum one third regular judges were to be from the
"Covenanted Civil Service".
Ilbert Bill Controversy: In AD 1883, Lord Ripon’s law member, Sir Ilbert,
introduced a bill which came to be called the Ilbert Bill. It allowed Indian
judges to try the cases involving the Europeans. Ilbert bill was vociferously
opposed by British tea and indigo plantation owners and thus this bill was
revoked.
 Chapter 5 - Economic Impact of British Rule
British rule in India caused the transformation of India's economy into a
colonial economy. That is the structure and operation of Indian economy
were determined by the interests of the British.

Industrialization ruined Indian Artisan's and Handicraftsmen

Cheap machine made import's flooded Indian market, Charter Act
of 1813, allowed the one way free trade for British citizen's.
The newly introduced rail's network helped the European products
to reach the remotest corners of the country.
The loss of livelihood of Indian people was not accompanied by
the process of Industrialization in India as had happened in other
rapidly industrializing countries of the time.
All this led to declining of many cities and the process of
ruralization of India.
From being a net exporter of raw materials, India became a net
importer of finished goods.
Impoverishment of peasant's
After permanent settlement system was introduced in large parts of
India, tenants lost their rights on land's. The zamindar's had to pay
a fixed amount to British and for that they can extract as much as
from poor peasant's, thus peasants came under debt, exploited etc.
Expensive judicial system failed them.
Deterioration of agriculture
The cultivator's i.e. the peasants did not have any means to invest
in agriculture. The zamindar has no root's in the villages, while the
govt spent little on agriculture, technical or mass education.
Commercialization of agriculture
British’s started wanting certain crop’s to be grown just for
export's and not for consumption like rubber, indigo, cotton etc.
For Indian peasant's it was like a forced process. There was hardly
any surplus for him to invest given the subsistence level at which
 he lived.
Economic Drain
Economic drain theory was put forward by Dadabhai Naoroji in
his book “Poverty and British rule in India”.
The major components of the drain were salaries and pensions of
civil and military official's, interests on loan's taken by Indian govt
from abroad, profits on foreign investments in India and Stores
purchased in Britain for civil and military departments.
Payment's to be made for shipping, banking and insurance services
which stunted the growth of Indian enterprise in these services.
The drain of wealth checked and retarded capital formation in
India while the same portion of wealth accelerated the growth of
British economy.
 Chapter 6 - Freedom of press under British
Main Role of Indian Press during the 19th century,

The Indian newspapers of 19th century was not confined to cities

and towns. They had reached the remote villages as well.
These newspapers played the institutional role of opposition to the
government. They opposed almost every act of government, as the
main idea was to create among the masses political awareness
hence they were published as a national service. They were often
financed as objects of philanthropy.
James Augustus Hickay in 1780 published The Bengal Gazette
which was the first newspaper of Independent India which was
seized in 1872 because of its criticism of govt.
Company officers were cautious of these newspaper's, as they
were concerned that these NP's might reach London and expose
their misdeed's.

Censorship Act of 1799 was passed under Wellesley in

anticipation to French invasion. It is pre-censorship i.e. He
demanded to make it mandatory to take his approval on the content
of the newspaper before it is printed.
Licensing Act 1823- It said starting a newspaper without a license
was a penal offence. Raja ram mohan roy had to stop Mirat-ul-
Akbar because of this act.
Press Act of 1835 or Metcalfe Act, it is also called ''liberator of
Indian press''. Now printer and publisher only have to give
declaration of premises of the publication.
Licensing Act 1857: Due to revolt of 1857, the govt reserved the
right to stop publication of any book, newspaper or Journal.
Newspapers of Early Nationalist's

Early Leader News Paper

G.Subramaniyam Aiyar- The Hindu (1878) and Swadesamitran
Dadabhai Naoroji Voice of India
Sisir Kumar Ghosh, Motilal Ghosh Amrita Bazar Patrika
Gopal Krishna Gokhale Sudharak
Surendra nath banerjae The Bengalee
N.N Sen/ Manmohan Ghosh Indian Mirror

Vernacular Press Act '1878 (Nicknamed as ''Gagging Act'')

The act was brought to suppress the press during the famine of
1876-77.
To Control Vernacular press and effectively punish seditious
writing.
After 1858 European press rallied behind the govt while
vernacular press was critical of govt.
Under this act, District Magistrate was empowered to ask a
printer/publisher of any vernacular newspaper to not print anything
that cause dissatisfaction against the govt otherwise sedition will
be imposed. Vernacular press act gave power of seizure of press
equipment to district magistrate. In this regard the decision of
district magistrate was final and no appeal could be made in court
of law. The act discriminated against English and Vernacular
newspaper's and there was no right to appeal. Many newspaper's
like Amrita Bazar Patrika turned English overnight to escape these
restriction's.
Lord Ripon in 1882 finally repealed it after strong protests were
lodged.
Newspaper (Incitement of Offences) Act, 1908

Aimed against extremist nationalist activity, the act empowered the

magistrates to confiscate press property which published objectionable
material likely to cause incitement of murder/ Acts of violence etc.

Indian Press Act, 1910

Revived the worst features of Vernacular press act.
Govt can demand security at registration of the NP and forfeit it, if
it was found to be an offending newspaper.
Printer of NP must submit two copies of each issue to the govt.
Tilak was sent to Mandalay (Burma) for six years under this act,
which led to countrywide protest's. Major newspapers and their
publishers
More leaders and their Newspapers (Imp for Prelims)
Leader News Paper

Tilak Maratha, Kesari

RRMY Mirat-ul-akbar.

Sayyid ahmed Khan: Tahzib al akhlaq

Dayal Singh Majithla Tribune

BR Amdbedkar Bahishkrit Bharat.

Jawahar lal Nehru National Herald

Periyar Kudi Arasu

BC Pal Paridasak

Gandhi Harijan

Derozio: Indian Gazette

Dadabhai Naoroji Rast Goftar, Voice of India

 Chapter 7 - Freedom struggle in princely states
The evolution of relations between the British authority and the princely
states can be traced under the following broad stages-

1. East India company's struggle for equality with Indian states from a
position of subordination (1740-1765)

Because of Anglo-French rivalry Dupleix came in 1751, the east

India company asserted political identity with the capture of Arcot
in 1751.
In 1757 after Battle of Plassey, they achieved political power next
only to Nawab's.
In 1765 after Battle of Buxar they acquired the Diwani rights of
Bengal, Bihar and Orissa and East India company became a
significant political power.

2. Policy of Ring Fence (1765-1813)

The policy was reflected in Warren Hasting's wars against the

Maratha's and Mysore, and aimed at creating buffer zones to
defend company’s frontier's.
Because of threat from the Maratha's and Afghan invader's, the
company undertook to organize Awadh’s defense to safeguard
Bengal's security.
Wellesley policy of subsidiary alliance with states was an
extension of ring fence.
Hyderabad, Awadh and Maratha accepted subsidiary alliance.

3. Policy of subordinate isolation (1813-1857)

East India Company increased its influence on states, states
surrendered all forms of external sovereignty and retained full
sovereignty in internal administration.
4. Policy of Subordinate Union
In 1858 the crown took direct responsibility of administration in
India.
 Because of the state’s loyalty in 1857 revolt and their ability to act
as political breakwaters in future political storm's, the policy of
annexation was abandoned.
The new policy was to punish and depose but not to annex.
British govt started interfering in the internal spheres of the states.
They can declare war, peace or neutrality for states.
Butler Committee (1927) was set up to examine the nature of
relationship between the states and the govt.
In 1920 Indian National Congress first spoke towards Indian states
by passing Nagpur Resolution which said the princes should grant
full responsible govt in their states.
5. Policy of Equal Federation (1935-1947)
GoI. Act 1935 proposed a federal assembly with 125 out of 375
seats for the princes. But representative of states was to be
nominees of princes and not elected.
This scheme never came into existence and after WW-II it was
completely dropped.
In 1939, All India States Peoples Conference elected Jawahar Lal
Nehru as i t's President.
In 1942 In Quit India Movement, congress made no distinction
between the states and British India.
6. Integration and merger
After Independence, almost all states signed Instrument of
accession with India some were left like Travancore, Kashmir,
Junagarh and Hyderabad.

Rajkot Satyagraha
There was a notorious prince Dharamraj Singh in Rajkot.
Patel started satyagraha with demands 1) Limit the Privy Purse. 2)
Appoint a committee to draw a scheme to give powers to the
people.
Gandhi ji fasted against the prince and later Jinnah and Ambedkar
also started demanding rights of depressed classes.
 Chapter 8 - Development of Education under
British
For the first 60 year's East India Company, took no interest in the
promotion of Education.
Humble Beginning by Charter Act of 1813:

This Act directed the company to sanction 1 lakh rupees annually for this
purpose. Meanwhile efforts of RRMY bore fruit and grant for Calcutta
college was given in 1817, Calcutta college was set up by Educated
Bengalis, imparting English Education in western humanities and sciences.
The govt also set up three Sanskrit colleges in Calcutta, Agra and Delhi.

Lord Macaulay Minute:

Govt made English language as the medium of Education and planned to

educate a small section of upper and middle classes, to create a class of
people who were to be Indian in blood and color but English in tastes,
opinion's, Moral's and Intellect.

Wood's Dispatch (1854)

In 1854 Charles Wood prepared a Dispatch on an educational system for

India, which was considered as the Magna Carta for English Education in
India''.
Recommended English as Medium for Higher studies and
Vernaculars at school level's.
Laid stress on Female and Vocational education, and on teachers
training.
Education in govt institution's to be secular.
1857: Universities of Calcutta, Bombay and Madras were set up.

Bethune School founded at Calcutta by JED Bethune it was the first fruit for
education of woman and girl's which arose in 1849's and 1850's.

Hunter Education Commission (1882-83)

 Said that states special care is required for expansion and
improvement of primary education.
Primary education should be imparted through vernacular.
Secondary (High School) education should have two division's 1)
Literary 2) Vocational.
Drew attention for inadequate facilities for female education.
The commission emphasized the state’s special care for the
improvement of primary education.
In the field of women education, emphasis was laid on the
differentiation of curriculum, award of scholarships and facilities
in appointments
The commissions had recommended for encouraging private
enterprise in field of education.

Based on Recommendations of Rayleigh Commission 1902.

Lord Curzon wanted better control over universities, which he felt

had become hotbeds of revolutionary activities.
Through this Act govt increased its control over universities as
there was a view that universities were becoming the breeding
ground for revolutionaries.
Universities were to give more attention to study and research.
Conditions were made stricter for affiliation of private colleges by
these universities.
Montagu Chelmsford Reform's
Under Diarchy education was transferred to provincial govt's.
Govt stopped taking direct interest in education, grants were
stopped.
But education still grew due to philanthropic effort's.
Wardha Scheme of Basic Education 1937
Given by Congress mainly has ideas of Gandhi for education.
It involved learning through activity.
 Inclusion of basic handicraft work in the syllabus.
Saddler University Commission (1917-1919)
The commission was set up to study and report on the problems of
the Calcutta university, but it's recommendations were applicable
to other universities also.
It reviewed the entire field from school education to university
education.
It held the view that for improvement of university education,
improvement of secondary education was a necessary
precondition.

Development of Vernacular education

1836-38: William Adam’s report's on vernacular education in

Bengal and Bihar pointed out defect's in the system of vernacular
education.
1853: Famous minute of Lord Dalhousie expressed strong opinion
in favour of Vernacular Education.
1854: Wood's Dispatch made the following provision's for
vernacular education

1. Improvement of standard.
2. Supervision by govt strategy.
3. Normal schools to train teacher's.

1854-71: Number of Vernacular school's increased by more than

fivefold.
1882: Hunter Commission: State should make special efforts for
extension and improvement of vernacular education.
1904: Education policy put special emphasis on vernacular
education and increased grants for it.
1929: Hartog committee presented a gloomy picture of Vernacular
Education.
Evaluation of British policy on education

Whatever the meagre effort's the British made for expansion of

modern education were with the motive that they wanted to impart
modern education to strengthen the foundations of their political
authority in India.

1. Cheap supply of educated Indian's to man the increasing number

of subordinate post's in administration and in British business
concern's, that's why there was emphasis of English as a medium
for language of administration and education.
2. Hope that educated Indian's would help expand market for British
manufacturer's in India.
3. Hope that western Education would reconcile Indian's to British
rule as it glorified British Conqueror’s and their administration.

So traditional system of Indian Learning gradually declined and

when in 1844 it was declared that applicants of govt employment
should possess knowledge of English.
Mass education was neglected leading to widespread illiteracy,
which created a wide linguistic and cultural gulf between the
educated few and the masses.
Since education was to be paid for it became a monopoly for upper
and richer classes.
There was a total neglect for woman education as the govt did not
wanted to arouse the wreath of orthodox section's and it had no
immediate utility for the colonial rule.
Scientific and technical education was totally neglected by 1857
there was only one engineering college at Roorkee open only to
European's and only 2 medical colleges at Calcutta, Bombay,
Madras.
Note:

The Calcutta Madrasah was established by Warren Hastings in

1781 for the study of Muslim law and related subjects.
The Sanskrit College was established by Jonathan Duncan, the
resident, at Banaras in 1791 for study of Hindu law and
philosophy.
Fort William College was set up by Wellesley in 1800 for training
of civil servants of the Company in languages and customs of
Indians.
 Chapter 9 - Mutinies against the British
Causes of early rebellion’s
Rapid changes in economy, administration and land revenue
system.
Intensified demand for land revenue.
In less than 30 years, land revenue collection was raised to nearly
double demand of the amount collected during the Mughals
No expenditure on the development of agriculture from the
increased revenue.
Forced sale of lands of Zamindar's due to their inability to meet the
exorbitant land revenue.
Ruin of artisan's, due to imposition of unfavorable tax regime and
loss of political patronage.
New legal system led to oppression of the poor, widespread
corruption at the lower level of police, judiciary and
administration.
Activities of Christian missionaries enraged the princely class.

Early Political-Religious movement's

1. Fakir Uprising
Group of wandering Muslim religious people.
After annexation of Bengal, Majnun Shah in 1776 began to levy
contributions on the zamindar's and peasent's, supported by
pathan's and rajput's.
Operated in Northern districts of Bengal and attacked English
factories ceasing their good's, cash, arm's and ammunition's.
Suppressed by the British in the beginning of the nineteenth
century, 1776 to 1777.
2. Sanyasi uprising.
Sanyasi once form the part of the nawab of Awadh and Bengal.
 Massive famine of 1770 and restriction's imposed on pilgrim's
visiting the holy places, were the causes of their grievances.
Raided English factories and collected contributions from the
town's.
Warren Hasting's finally contained the raid's which were finally
put to end in the 1820's.
3 .Pagal Panthis.
Karam Shah founder of a semi religious sect called pagal panth in
the northern district of Bengal.
Tipu, the son and successor of Karam shah gave an activist ferver
to the sect.
He took an activist position against the oppression by zamindar's.
Tipu was captured in 1825 and the movement petered out in
1840's.
5. Kuka Revolt
Founded in 1840 by Bhagat Jawahar Mal also called Siam Sahib in
western Punjab.
After annexation of Punjab in 1849 the movement transformed
from a religious purification campaign to a political one.
Aims were abolition among the caste and discrimination among
the Sikh’s, discourage meat and intake of alcohol and drugs
and woman empowerment.
In 1872 their leader Ram Singh was deported to Rangoon.
The Beliefs and Faiths of the Kuka Sect:

1. The sect believes that Adi Granth is the only true holy book of
their religion.
2. Gobind Singh is the only Guru.
3. Any person, irrespective of caste or religion, can be admitted as a
Namdhari convert.
4. Sodhis, Bedis, Mahants, Brahmins and such like are impostors, as
none are Gurus except Gobind Singh. It's worth note that among
Sikhs the Sodhis and Bedis had started getting worshipped during
 those times.
5. Devidwaras, Shivdwaras and Mandirs are a means of extortion, to
be held in contempt and never visited.
6. Idols and idol-worship are insulting to God, and will not be
forgiven. The Namdharis were iconoclasts.
7. Converts can read Gobind Singh's Grantha and no other book.
8. Pure vegetarianism. It was against killing of cattle
9. No caste system Namdharis are not allowed to drink tap water;
water must be drawn from the lake or captured from rain and from
well. Only white cloths, no any other color allowed

6. Moplah Rebellion (In Malabar south India)

Moplah rebellian of Malabar in 1835 directed not only against

British but also the Hindu landlord's the land was mostly owned by
high caste Hindu’s, who were provided Marshal aid by lawyer's,
during the reign of Haider Ali and Tipu Sultan the high caste
Hindu’s and Nayyaey's fled, Malabar's were captured by British in
1972 led to the conflict over land right's as the high caste Hindu’s
and Nayyar's return to their homeland.
The court's and law officer's sided with high caste Hindu and
Nayar's.
Moplah peasantry rose in revolt in 1835.
Many such uprising's occurred even after 1876.

Movement by deposed ruler's and Zamindar's

1. Velu Thampi of Travancore

In 1808 the dewan of Travancore rose in rebellion against the British, reasons
were Removal of him from dewanship and introduction of subsidiary alliance
system (Under Lord Velessaley 1778). In skirmishes Velu thampi was injured
and died.

2. Polygar Rebellion (Tamil Nadu)

Polygar's were like Rajput's of North India and were given land in exchange
of military service. They often acted as sovereign's and extracted revenue
from people in their area, conflict arose in 1799 over the right to collection of
taxes.

First polygar war happened in 1799 and was brutally suppressed, second
polygar war of 1800 saw the widespread participation of other South Indian
power's and is called as South Indian Rebellian, the Carnatic treaty of 1801
signaled the end of rebellion and Britisher assumed direct control over Tamil
Nadu.

Tribal Movement's
Non-frontier tribe constituted 89% of tribal population and
were confined to central India and North Eastern India.
Causes of tribal movement's
Erosion of tribal tradition's due to incursion of non-tribal's.
Imposition of land revenue settlement system led to loss of tribal
land.
Work of Christian missionaries among the tribal's.
Enactment of several law's like Indian Forest Act 1878 and Forest
Department Act 1874.
Various tribal activities like shifting agriculture was banned in
1874.
Exploitation of tribal's by merchant's and money lander's.
Introduction of notion of private property meaning that the land
can be bought, sold, mortgaged which led to loss of land by the
tribal's.
Some tribal Uprising's

Santhal Rebellian:
1. Introduction of permanent settlement in Bengal in 1793 reduced
the Santhal's to the status of agricultural serf's. They resented the
outsiders who they called diku.
2. Rebellian's erupted in 1854 under Bir Singh in Raj Mahal
Hill's, which was brutally suppressed.
 3. Second Santhal Rebellian erupted in 1855 not only against
Britisher's but against other's outsider's also.
4. Leaders were Sido and Kanhu and the rebel's cut off Postal and
Railway communications between Bhagalpur and Rajmahal.
5. They attacked houses of Money Lander's, Zamindar's, White
Planter's, Raiway Engineer's and Railway official's
6. The movement was suppressed in 1856 and a separate district of
santhal parganas was created by the British to pacify them.
Khond Uprising
1. Khond's lived in cast hill tracks from Tamil Nadu to Bengal and
enjoyed virtual independence due to inaccessible mountainous
terrain.
2. Movement rose under Chakra Bisoi. In 1837
3. The reasons were 1.) Govt Suppression of human sacrifice. 2.)
Introduction of new taxes by British. 3.) Influx of Zamindar's and
Moneylender's.
4. Khond's fought with Tangi, Bows and arrows and sword's and
were brutally suppressed by the superior armed British. Chakra
bisoi disappeared in 1957 after which the movement petered out

Munda uprising
From 1789-1832 the Munda rose in rebellion several times against
the Britisher's in Chota Nagpur region against the Moneylender's,
Britishers and Dikhus (outsider's).
The movement was given a new life by Birsa munda in 1899.
Aims were: Redressal of agrarian distress, establishing a Munda
rule and expulsion of Dikhus, Birsa Munda was captured in 1900
and he died in Jail
Movement's in Frontier Tribes

1. Two major differences from movement's in non-frontier tribes

Here the tribal's formed an overwhelming majority.
The region was not completely integrated with the politico-
economic system and the cultural patterns of the main land.
2. Movement's often remained aloof from freedom struggle.
3. They shared cultural and ethnic cultural affinities with tribesman across the
border.
4. Hardly any agrarian forest based movement's as tribal's remained in
possession of land.
5. No strong backlash against Christian missionaries due to relative isolation
from Hindu society.

Khasi Uprising's:
After the first Burmese war in 1824 brutish occupied hilly region
between garo and jaintia hill's, this brought them in contact with
Khasi Tribal's.
Displacement of tribal's caused by a road linking the Brahmaputra
valley with Sylhet passing through the entire length of Khasi
Domain.
The movement was suppressed in 1833.

Ahom Revolt
After first Burmese war in 1824 the Britisher's pledged to
withdraw from Assam but they tried to incorporate the Ahom's
territory after the war, next is rebellion in 1828 under the
leadership of Gomdhar Konwar.
Conciliation (Settlement) led to handing of upper Assam by
company to Maharaja Purandar Singh and Parts of Kingdom were
restored to Assamese King.
Singhphos Rebellion.
As the Britisher's were engaged in warfare with Khasis the
Singhhos rebellion opened in 1830.
In 1843 the singhphos again attacked the British garrison and the
rebellion continued till it was suppressed in 1855.
Peasant Movement's
In 1920's
Three movements are important.
1. Kisan Sabha's and eka movement's in Awadh U.P.
2. Mappila rebellion in Malabar.
3. Bardoli Satyagraha in Gujrat.
Kisan Sabhas and eka movement's in Awadh U.P
After the Revolt of 1857 awadh talukdar's got back their land's.
Most cultivators were subjected to high rent's, eviction's
(bedakhli), illegal levies, renewal fees or nazrana. Hike in prices
after first WW further worsened the condition's.
Due to the efforts of Home Rule League activist's, Kisan sabhas
were organized in U.P.
U.P kisan sabha was set up in February 1918 by Gauri Shankar
Mishra and Indra Narayan Dwivedi. Madan Mohan Malviya
supported their effort's.
By June 1919 UP kisan sabha has 450 branches. In 1920 Nehru
visited these Kisan Sabhas in villages and he developed close
contacts with the villager’s.
In 1921 Kisan Sabhas turned violent and were suppressed by the
government.
Eka Movement's
Eka movt's or Unity movement's, the min grievances here were the
extraction of rent that is 50 percent higher than the recorded rent.
Eka movt's were marked by a religious ritual in which a hole that
represents river Ganga was dug in the ground and filled with
water, a priest presided over it and the peasants would then vow to
pay only the recorded rent and pay it on time, would not leave
when ejected and would refuse to do forced labour.
Mappila Revolt
Mapillas were muslim tenant's inhabiting the Malabar region
where most of land lords were hindus.
Their grievances were lack of security of tenure, high rent's,
renewal fees and other oppressive exaction's.
 Soon the Mapilla movt merged with the ongoing Khilaft-Non-
Cooperation movt, leader's like Ganhi, Shaukat Ali and Maula
Azad addressed mapilla meeting's.
Later movt turned violent and and because of british repression by
Dec 1921, resistance came to a stop.
Bardoli Satyagraha 1929

Bardoli Taluka in Surat, in 1926 30% increase in land revenue was

suggested by govt, Bardoli enquiry commitee found the raise
unjustified, in 1928 Patel was sent to lead the movt, he organized
30 worker's camp, mobilized the movt and started Bardoli Patrika
to mobilize public opinion.
Peasant's refused to pay increased rent and demanded an
independant tribunal, to consider the issue, govt was ready for a
compromise and asked all peasant's to first pay the increased rent
and then set up an independant tribunal which recommended
6.03% raise.
Here the woman of Bardoli gave patel the title of Sardar.
Bardoli termed as child of NCM and Father of CDM.
Woman played a important role and many woman activist's
Maninben Patel and

Peasant Movement's
In 1930's and 40's

In 1937 All India Kisan Sabha was organized in Faizpur.

Ramanand Tirth organized the peasants of Hyderabad.
Tebhaga struggle in Bengal in 1946
In 1946 in Bengal sharecroppers decided that they would not pay
1/2 share of their crop to jotedar's but only 1/3 and that before
division crop would be stored at their godowns and not at jotedar's.
Centre of this movement was Bengal among and involved low
caste tribal's called Rajbanshis. The movement dissipated because
of severe repression by the govt.
 Tribal movt's of 1930's and 1940's though not created any
immediate effect's but built a climate of that necessitated
agricultural reform's.

Indian working class and the National movement

The first strike by working class was the '' Signaller's strike '' in the
british owned and managed railway's in the great Indian peninsula
railway's. Demands were related to wages, hours of work and other
conditions of service.
AITUC (All India Trade Union Congress) was formed in 1920.
Lala lajpat rai was the first President of AITUC and Dewan
Chaman lal as the first general secretary.
Gandhi founded Ahmedabad Textile Labor Association with
14000 workers on its roll's, AITUC was perhaps the single largest
trade union of its time. AITUC participated massively in boycott
of Simon commission.
Govt. launched the Meerut Conspiracy case in 1929 against the
leadership of labor movement.

Revolt of 1857: Complete Coverage

Difference between revolt of 1857 and early uprising's

1. Wider Area: Northern, Central and Western.
2. Unprecedented participation from various sections of the society.
3. Support of army.
4. Able leadership.
Causes of revolt

1. Economic Cause
Peasant impoverished due to unbearable land revenue settlement
system.
Artisan's destroyed due to taxation and loss of patronage, it
resulted on further increase in pressure on agriculture.
 Eviction of Zamindar's due to nonpayment of land revenue.
In Awadh the storm Centre of revolt were 21000 talukdar's were
evicted from their states.
2. Political Causes
System of subsidiary alliance and doctrine of lapse.
The right of secession of Mughal's was made conditional in 1856
by Lord Canning.
Annexation of Jhansi was for strategic reason to improve
company's internal administration in Bundelkand.
Satara was geographically placed between two principal military
station's in Bombay presidency and lay along the main line of
communication between Bombay and Madras.
Nagpur was Placed right across the main lines of communication
between Bombay and Calcutta, this led to growing apprehension
among the princes regarding the future of their sovereignty.
3. Administrative Reason's
Rampant corruption among the police and the administrative
official's and lower law courts imparted a foreign and alien look to
it.
4. Socioreligious causes
People were feeling a threat to their religion and way of life, as from the early
decades of 19th century the British had abandoned its policy of non-
interference in the socio-religious life of Indian's. Marked by

Abolition of Sati in 1829.

Hindu widow remarriage Act 1856.
Western Education
After the Charter Act Of 1813, the christian missionaries could
enter India and carry on their mission of proselytizing (to induce
someone to convert to one’s own faith).
Religious disabilities act, 1856.
5. Discontent among sepoy's
 Restriction on wearing caste and sectarian mark's.
Conversion activities of missionaries among the sepoy's.
General service enlistment Act 1856 made it mandatory for Bengal
army to serve overseas, crossing of seas was meant loss of caste at
that time.
Indian sepoy's was made to feel subordinate in matters of
promotion's and privileges. His emoluments were considerably
less than his British counterpart's.
They were not given foreign service allowance when serving in
Sindh and Punjab.
6. Agrarian Causes

The summary settlement of 1856 was extended to Awadh. The aim

of this settlement was to bypass the middlemen in the collection of
revenues and to win the confidence of agricultural populace.

Nawab-Talukdar-Peasants. (Talukdar the middlemen were

removed).

But due to this settlement there was an increase in power and hold
of money lender's and an increase in the number of absentee
landlords. The condition of peasant’s due to this got worse and
heavy over assessment of land revenue impoverished them.

Main Events of the revolt

Immediate Reason: Greased cartridges made up of pig and beef
fat, to be used in new Enfield rifles.
First mutiny by the 19th native infantry in Behrampur. The entire
regiment is disbanded and soldiers were sent to their homes in
awadh.
Next mutiny by Mangal Pandey in Barackpur on 29th March 1857,
he shot at his officer's and he was caught and hanged.
On 23rd April 1857, the Meerut regiment revolted and they were
all court marshalled, their comrades released them from their
quarter's and killed their British superior's and started march to
 Delhi.
On 11th May 1857 Bahadur Shah Zafar was made the Emperor of
India.
The British forces were still deployed in Punjab at that time and
couldn’t respond immediately.
Prominent leaders of revolt
General Bakht Khan: He will be the general for Bahadur Shah
Zafar in Delhi. He led the revolt of Bareilly troop’s and brought
them to Delhi.
Nana Sahib and His able general Tantia Tope were at Kanpur.
Begum Hazrat Mahal at Lucknow.
Khan Bahadur the former ruler of Rohilkhand was at
Bareilly. Grievance: Pension being granted by British was not
satisfactory.
Kanwar Singh at Bihar, the Zamindar of Jagdishpur.
Maulvi Ahmedullah of Faizabad was a native of Madras and
provided suport to the mutiny.
Rani Lakshmi Bai of Jhansi gave the war cry '' Mein apnee Jhansi
nahin dungi''. Rani Lakshi bai and Tantia Tope marched towards
Gwalior and captured it, however the Scindias the local ruler sided
with the English and acted as breakwaters to the Mutiny.
Reason's for failure

1. Leadership:
The principal rebel leaders like Lakshmi Bai, Nana Sahib were no match to
their British rivals like Lawrence Brother's, James outran and Sargent
wheeler. Moreover, the revolt suffered from the weak central leadership of
Bahadur Shah Zafar.

2. No forward-looking plans for rebel's.

3. Indian soldiers were poorly equipped compared to the British troops who
were well trained and well organized.

4. Electric telegraph and railways gave an edge to villager's.

5. Some sections of society acted as breakwaters to the revolt. Merchant's,
Moneylender's, Raja of Jodhpur, Rulers of Patiala, Maharaja of Kashmir,
Scindia's of Gwalior. Revolt failed to extend to all parts of the country and a
large section of people including the intelligentsia did not support it.

6. Limited spread of revolt. Madras, Bombay, Bengal remain untouched.

7. Different groups of rebels fought for different reasons. '' Nana Sahib and
Tantia Tope sought to revive maratha war'', Lakshmibai wanted control over
her lost territories.

Not first war of Independence

As there was no central leadership ready to be installed after
removal of Britisher's, it can be said that it was not a War of
Independence.
It lacked Pan-India character and did not spread to Madras.
Many section's sided with British and rebels had no forward-
looking plan hence it cannot be called as war of Independence.
Outcomes of revolt of 1857.
1. Bringing Indian people together and generating national
consciousness.
2. Generating Hindu-Muslim unity.
3. Racial hatred between Indian's and Britisher's were aggravated.

Changes introduced after suppression of the revolt of 1857

Act of 1858 and proclamation by queen Victoria
East India company rule came to an end and the administration of
India was taken over directly by British crown.
Governor General of India was given an additional name the
Viceroy of India.
Indian Army was thoroughly reorganized, higher proportion of
European’s were inducted into it and they were responsible for
manning the artillery and the field.
Importance of native states as allies were realized during the revolt
 and the policy of ruthless conquest of India was given up. Under
the proclamation, also known as the Magna Carta of Indian
People, the earlier treaties of East India Company with the princes
were reaffirmed.
MCIP (Magna Carta of Indian People) proclamation also declared
all Indian's to be eligible to enter the administrative services based
on their education and ability, irrespective of their race and creed.
Changes were made in Executive, Judicial and Legislative arenas
with greater participation of Indian's, which were visible in Indian
Council's Act 1861, Indian High Court Act 1861 and Indian
Civil Service Act 1861.
Unconditional pardon was granted to rebels except those
responsible for murdering british during the revolt.
India was made to bear the entire financial burden of the Revolt of
1857.
Post revolt the British started to actively pursue the policy of
divide and rule.
Thus, the British made several changes with the objective of gradually
involving Indian's in the British administrative structure with the object of
preventing any major upsurge from the nationalist front by creating a
permanent group of loyalists.
 Chapter 10 - Rise and Growth of India's
Nationalism
Impact of British rule

1.Political and administrative unification of India

The British created a larger state than that of Mauryas or Mughals, Indian
provinces were under direct rule and Indian states were under indirect rule of
British, they established a centralized administrative system with a unified
administrative framework, unified judicial setup, Administrative official's and
one set of law. It strengthened the cultural unity that has existed in India for
centuries.

2.Development of rapid means of transport and communication

Lord Dalhousie developed Railway's, Telegraph and Postal system, road's

connected India from one end to the other, all these were meant to serve
imperial interest, but the people of India capitalized on it.

3.Impact of western thought and education

Assimilation of modern western ideas was a result of introduction of a

modern system of education. This gave a new direction to Indian political
thinking. Although the English system of education has been conceived by
British in the interest of efficient administration, the language helped the
nationalist leaders from different linguistic regions to communicate with each
other, this English educated class formed the middle-class intelligentsia who
constituted the nucleus for the newly arising political unrest.

4.Rise of Middle class Intelligentsia

British economic and administrative system gave rise to new urban middle
class which provided leadership to INC in all its stages of growth.
Political associations before Indian National Congress

Aims of early political association's

1. Administrative and legislative reforms.
 2. Association of Indian's with administration.
3. Spread of education.
4. Nation building.

In Bengal

Bangabhasha prakashika sabha in 1836 was founded by associates

of Raja Ram Mohan Roy (Died 1833).
Zamindari association of 1838 by Dwarka nath tagore to safeguard
interests of landowners (Land holder's society).
Bengal British India society in 1843 by George Thompson, to
collect and disseminate information about the actual condition of
people of British India.
In 1851 Land holder's society and Bengal British India society
merged into British Indian association, it’s demands were
Establishment of separate legislature of popular character,
separation of executive from judicial function's, reduction in
salaries of higher officer's. and abolition of salt duty.
These demands were partially accepted under Charter Act of 1853
which provided for addition of 6 members to governor general's
council for legislative purposes.
East India Association, organized by Dadabhai Nairoji in 1866 in
London: To discuss the Indian question and influence public
opinion there.
Indian association of Calcutta in 1876 by Surendranath Banerjee
and Nand Mohan Bose to create public opinion on political
question’s like pro land lord policies and conservative approach to
Unify Indian people.

In Bombay

The Poona Sarvajanik Sabha 1867 by MG Ranade to serve as a

bridge between govt and the people.
Bombay Presidency association by Badruddin Tayyabji,
Pherozshah Mehta and KT Telang in 1885.

In Madras
 Madras Mahajan Sabha founded in 1884 by Veer Raghava Chari,
V Subramaniyam Aiyar and P Ananda Charlu to demand
separation of judiciary from revenue function's.

Foundation of INC (Indian National Congress)

Indian National Congress was Founded in 1885 by 72 political workers
under retired English ICS officer AO Hume. Surendranath benerjea and
Ananda Mohan Bose were the main architects of INC.
Reasons

Myth about formation of INC

1. By A.O Hume advised by Lord Dufferrin for a nip in the butt i.e.
as a safety valve.
2. Some believed a violent revolution was on the card's, leader's like
Lala Lajpat Rai believed that INC was an idea not only to save the
British rule but also to strengthen it.
Reality about formation of INC
1. AO Hume was an enlightened imperialist and was alarmed at the
growing gulf between the rulers and the ruled.
2. He wanted to address any discontentment before it can erupt as a
national revolt, using AO Hume to establish INC in 1885 the early
political leaders showed great political acumen, Gokhale in 1931
wrote that no Indian could have started an INC, if an Indian had
started INC or any such movement embracing all of India then that
movement would not had even come into existence at all.

Demands of INC
1. Expansion of legislative counsel’s.
2. No expansion in Burma and Myanmar.
3. Indianization of higher civil service.
4. The right of Indian judges to try European’s in criminal cases.
5. Higher expenditure on irrigation and famine relief.
Moderate Phase and early congress/ Moderates:

The aim of the early moderates was to wield Indian's into a nation, leader's
like Tilak, Surendranath Banerjee called India a nation in the making, leaders
realized that the diversity of Indian's must go hand in hand with national
unity because of this different congress sessions were held in different part of
the country each year.
1888 session, INC made a rule that no resolution was to be passed
if an overwhelming majority of Hindu or Muslim delegates
objected to it.
1889 session saw adoption of a minority clause, as per the clause
wherever Parsi, Christian’s, Muslims and Hindus were a minority
their numbers elected in the council would not be less than their
proportion in the population. The early leaders were determined to
build a secular nation.
The arousal, training, organization and consolidation of public
opinion were major task by congress leaders.
WC Bonnerjee: The first congress president reiterated one of the
congress objectives was eradication of inequality by direct friendly
personal intercourse of all possible race, creed or provincial
prejudices amongst the leader's and political workers of the
country.
National leaders made maintenance of civil liberties and their
extension was to be an integral part of the national movement.
To evolve an understanding of colonialism and understand it's
impact on the country.
Early national leaders did not organize mass movements against
the British but only approached through prayer plea and petition.
The joining of congress did not require any political or ideological
commitment, it was conceived not as a party but a movement.
Congress included in the ranks of its leadership people with
diverse political thinking and varying economic approaches.
Economic critique of colonialism was not developed completely
and early moderates had some faith in British benevolence.
It had two-pronged approach first to create as strong public
opinion and arouse national consciousness and second persuade
 British govt to introduce reforms.
Constitutional reforms: Legislative council's in India had no real
official power in 1920, the imperial legislative council under
Indian council Act 1861 had only 45 Indian's from 1862 to 1892.
INC demanded constitutional reforms.
Moderates believed that the movement should be limited to middle
class intelligentsia; masses were not yet ready for political work.
They demanded expansion of council and greater Indian
participation.
They asked for Reform of council with greater control over
finance
They gave the slogan no taxation without representation and
wanted a right-on budget.
Dadabhai Nairoji, Gokhle, Tilak later demanded self govt like
Colonies of Canada and Australia.

Contribution of Moderate Nationalist's

Early nationalists faded to widen their democratic base by not including the
masses especially woman and not demanding right to vote for all, union adult
franchise was implemented in 1947, their political work was based on hard
realities and not on shallow sentiment's like religion. Early nationalists could
not take militant political position's as they lacked mass participation, due to
which, they were successful in getting only piece meal reform's.
1. Economic Drain Theory

Early nationalists led by Dadabhai Naoroji, RC Dutt, Dinshaw Wacha and

others carefully analyzed the political economy of British rule in India, and
put forward the drain theory to explain British exploitation in India. They
said self-sufficient Indian economy is transformed into a colonial economy
i.e. a supplier of raw materials and food stuff and an importer of finished
goods.

Early Nationalist's Wanted Industrialization of India on National Capital and

not on foreign capital, they believed that foreign capital had led to
exploitation of country in the form of development of railway's, foreign trade
and finance. It’s not the volume but the pattern of goods internationally
exchanged that has impacted the nation and its agriculture, the bias being
towards export of raw materials and import of manufactured goods. Railways
had not been developed as per India’s industrial need's. Policy of free trade
ruined India's handicraft Industry. Following the footsteps of Dadabhai
Nairoji, RC Dutt made the drain the major theme of his book “Economic
history of India.”

Effect of Economic Critique

1. It exposed the moral purpose and benevolent character of British.
2. It made a cut at the political roots of empire and sowed the seeds
of disaffection and disloyalty. i.e. why period 1875-1985 became a
period of intellectual unrest and contributed towards the rise of
swadeshi movement. Dadabhai Naoroji called for self govt or
swaraj in the 1906 session of congress.
 Chapter 11 - Partition of Bengal and Swadeshi
Movement.
Reason's for partition of Bengal given by British were that Bengal with a
population of 78 million had become administratively unwieldy but the real
motives were

1st Language: To dethrone Calcutta as the center of congress party

and to divide the Bengali speaking population, to reduce Bengalis
to a minority in Bengal itself. (Under the new proposal, Bengal
was to have 17 million Bengalis and 37 million Oriya and Hindi
speaking people).
2nd Motive: Was the division was between Hindu and Muslim.
Eastern Bengal with Dhaka as the Capital was an attempt to woo
the Muslim's in favor of partition.

In 1903 this proposal became public, from 1903 till 1905 moderate
techniques like petition, speeches, press campaigns were organized to turn
public opinion in India and England, against the proposed partition. For the
first-time woman students and large section of rural population of Bengal and
the other parts of India became actively involved in politics. The decision to
partition Bengal was announced on 19th July' 1905 which made it clear that a
different strategy was needed and thus, meetings were organized in different
parts of Bengal to boycott foreign goods and support swadeshi. Even
moderate leader's like Swarendranath Banerjee advocate boycott of
Manchester cloth and Liverpool salt, on 6th Oct 1905 several meetings were
held all over Bengal in support of Swadeshi, the value of British cloth fell by
5-15 times between Sept 1904 and Sept 1905. Partition took effect on 16th
October 1905 and a day of mourning was observed all over Bengal, people
took out procession's, bathe in the Ganges and paraded the street's singing
Bande Matram tying rakhis on each other's hand's as a symbol of Unity
between two halves of Bengal

The reaction to the partition of Bengal was swadeshi movement

Various leaders of Swadeshi Movement

Lokmanya Tilak took movement to different parts of India
 especially Poona and Bombay.
Ajit Singh and Lala lajpat Rai in Punjab.
Rawal Pindi , Kangra, Jammu Multan witnessed active
participation
Chidambram pillai -Madras Presidency
INC at Madras in 1905 took up the call of Swadeshi.
1906 Calcutta session under the presidency of Dadabhai Nairoji
passed the resolution for Swadeshi, National Education and
Swaraj.

Surat Split
Difference between Moderates and Extremist's regarding future of
Swadeshi movement led to split in Surat in 1907, initial demand against
future of partition turned into a mass movement against boycott of foreign
goods, govt schools, services and later into demand for political
independence i.e. swaraj with extremist's advocating for it while the
moderate leaders didn't want to take the movement so far.
Boycott of foreign goods was the greatest success of the swadeshi
movement.
Woman refuse to wear foreign Bangles, Washer man refused to
wash foreign cloth and priest’s declined offering's which contain
foreign sugar.
Organization of swadeshi movement

Corp's of Volunteer's (Samiti's) was another major form of mass

mobilization, swadeshi badhav samiti set up by Ashwani Kumar
Dutt had 159 branches in Barisal district.
Swadeshi song's, Social work's during famines and epidemic's,
training in swadeshi craft and arbitration courts were organized by
Swadeshi Bandhav Samiti.

Use of Self-reliance (Atma Shakti)

Reasserting national dignity, honor and confidence in the masses. Social and
economic regeneration of villages through improvement's in agriculture and
criticism of practices like dowry and early marriage.

Use of Culture
Tilak used popular festival's like Ganpati and Shivaji as a medium
for swadeshi. Traditional folk theatre form's like jatra were used to
disseminate the message of swadeshi.
Rabindra Nath Tagore composed, Amar Sonar Bangla later
inspired the liberation of Bangladesh and was adopted as the
national anthem in 1971.
Indian fairy tales such as Takhur Mar Jhuli (grantmothers tales)
written by Daksh Niranjan Mitra for children.
Abhinindranath tagore took inspiration from Mughal, Rajput and
Ajanta painting's and broke the domination of Victorian art's.
Jagdish chandra bose and Prafulla chandra rai pioneered original
research in the field of science.
Education
Rabindranath Tagore established Shanti Niketan and like it Bengal
national college was founded with Aurobindo as the principle.
National council of education was established with the objective to
organize the system of education both scientific and technical on
national lines.
Bengal technical institute was established and many students were
sent to Japan for advanced learning.
Industries
Mushrooming of indigenous enterprise of Swadeshi textile mills,
Soap, Insurance companies and Sugar mill's.
Acharya PC ray established Bengal’s chemical factory which
became very successful.
Assessment: Woman came out of their homes for the first-time
certain zamindari section and lower middle class in cities
participated in movements.
Economic grievances of the working class were taken up.
Peasantry didn't participate much in the movement.
 Movement saw innovative techniques of passive resistance which
would again resurface in later movements.
Movement outside Bengal

In Bombay, the leaders of this movement were Bal Gangadhar Tilak and
S.M. Paran Japey.

1. During this movement, Lala Lajpat Rai and Lala Hansraj started a
newspaper ‘Punjabi’ in 1904.
2. During this movement in Allahabad, Nagari Pracharini Sabha was
founded and its members were Madan Mohan Malviya and Moti
Lal Nehru.

Annulment of partition
On 12th December 1911 on the visit of King George and Queen
Empress to India under the vice royalty of Lord Hardinge. Two
important announcements were made on Dec 12'1911

1. Annulment of the partition of Bengal in 1911 to curb the menace

revolutionary terrorism.
2. Capital of India was shifted to Delhi as a sop (kickback) to the
Muslim’s as Delhi was original capital of Mughal’s.

Drawbacks of Swadeshi Movement

Division among Hindu’s and Muslim’s among caste lines as well
as between Zamindar's and peasant’s.
Unintended negative consequences like giving a communal
character to the swadeshi movement through Ganpati and Shivaji
festival's.
Reason's for petering out of the Movement
Rise of revolutionary terrorists led to brutal suppression by the
British.
Surat Split in the congress in 1907.
Many leader's like Ajit singh, Lala lajpat rai, Chidambram pillai
were deported, Tilak was sent to 6 year's imprisonment, Arbindo
 Ghosh retired from active politics rendering the movement
leaderless.
The movement lacked effective organization and party structure.
Mass movements cannot be sustained endlessly and there is always
a need to consolidate.

Split in the congress: Surat Split

Banaras session of 1905 saw the emergence of differences among

the moderates and extremist's.
The extremists wanted to extend swadeshi outside Bengal while
the moderates were against it.
Extremist's wanted boycott of council's also but moderates wanted
to employ only constitutional method's.
The split was averted when Dadabhai Nairoji agreed to be
president of Calcutta session of 1906, this session passed the
resolution of swaraj, swadeshi and national education.
The extremists wanted the 1907 session to be held in Nagpur
(Central Provinces) with tilak or Lala Lajpat Rai as the president
and reiteration of swadeshi, boycott and national education
resolution's.
The moderates wanted the session at Surat to exclude Tilak from
presidency, since the leader from the host province could not be
session president (Surat being tilak's home province of Bombay).
Instead moderates wanted Rasbehari Ghosh as the president and
sought to drop the resolutions on swadeshi, boycott and national
education.
British promised constitutional reforms to the moderates to
alienate the extremist's.
The moderates dominated the congress at that time and the
differences led to split in 1907.
After 1907 split, govt came own heavily on Extremist’s and Tilak
was arrested and released only in 1914 to pick up the movement
again and launched Home Rule league.
 After the Surat, Split govt's strategy was that of carrot and stick i.e.
to come down heavily on extremists to threaten the moderates and
then give some puny concessions to the moderates with promise of
more reform's ahead and later ignore those which were promised.

Revolutionary terrorist Movement

Extremist's leaders called upon the youth to make sacrifices during

the swadeshi movement but after the swadeshi movement all
avenues of peaceful political protest were closed for the youth.
The British passed a number of repressive laws-seditious meeting
act. Indian press act, Criminal law act to suppress the movement.
The revolutionaries followed the footsteps of Irish nationalist's
which involved individual heroic action's such as assassination of
unpopular British official's, swadeshi dacoities and organizing
military conspiracy.
The aim of the revolutionaries was to strike terror in the heart of
the ruler's.

Revolutionary activities in various parts of India

Bengal
Anushilan samithi was founded by Promotha mitter in 1902
included Jatindra nath benerjee and Barindranath ghose with the
aim of giving physical and moral training to its member's.
In 1906 an inner circle of Anushilan started a weekly Yugantar and
conducted a few abortive action's.
Ras bihari bose and Sachin sanyal organized a secret society and
even went abroad for military and political training.
In 1908 Prafulla Chaki and Khudiram Bose threw a bomb at a
carriage carrying a white seditious judge in Muzzafarnagar.
Newspaper's like Sandhya in Bengal and Kal in Maharashtra were
started which advocated violent means for protest.
Maharashtra
Tilak started Ganpati and Shivaji festival's and Journal's like
Kesari and Maharatta, advocating revolutionary mean's.
Two of his Tilak’s disciples Damodar and Bal Chapekar murdered
the Plaque commissioner of Poona. Sawarkar and his brother's
organized mitra mela a secret society in 1899 which later merged
into another organization Abhinav bharat in 1904.
Punjab
Lala lajpat rai brought out Punjabi and Ajit Singh started his
journal Bharat Mata. Extremism died down quickly in Punjab in
1907 after the govt enacted many repressive law's.
Shyamji Krishan Verma founded India House in London in
1905, as a center for Indian students, a scholarship scheme to bring
youth from India.
Madal lal Dhingra assassinated a Bureaucrat Curzon Wyllie in
1909.
New centers like Paris and Geneva started by Madam Bikajikama,
a Parsi revolutionary.

Morley Minto Reform's in 1909 or Indian Councils Act 1909

A Muslim group headed by Nawab Salim Ullah of Dhaka and

Nawab Mohsin-ul-mulk approached the British for concessions to
the Muslim’s.
This led to some special provisions for the Muslim’s in the
constitutional reforms.
Main Provision's
No of elected member's in imperial legislative council and
provincial legislative council were increased but overall no
elective majority remained.
Separate electorates were introduced for the Muslim’s. Only
Muslim’s could vote for Muslim’s, representation for Muslim’s
was more than their strength in population.
 There is an income qualification for the Muslim’s which was kept
lower than that for Hindu's.
Elected members were indirectly elected, local bodies were to
elect an electoral college which will elect members for provincial
legislatures who will elect members for central legislature.
Legislature could not pass resolutions ask supplementary
question's, vote on separate item's in budget but budget (In total) is
not vatable. (Moderates could not even vote)
One Indian was to be appointed to the viceroy's executive council.
Satyendra Sinha was the first to be appointed in 1909.
Evaluation of the reform's
The aim of self govt was totally negated, Morley made it clear that
the colonial self govt as demanded by Congress is not suitable for
India.
Divided the nationalist's which led to split of the congress.
Finances totally under the control of British.
Formal/Open Communalization of Indian politics.

Point's to remember in Morley-Minto reform's.

1. It provided for a separate electorate.

2. It provided for reservation of Muslims in provincial
legislature.
3. It provided for reservation of Muslims in imperial legislature.
4. The act provided for the Minority status of the Muslims
5. It provided for reservation in both the legislature (imperial
and provincial).
 Chapter 12 - First world war and Ghadar
Ghadar was a response to revolt against British when they were vulnerable in
World War-I by nationalists living abroad (1914-1919).
In World War - I Britain allied with France, Russia, US, Italy and
Japan against Germany, Austria-Hungary and Turkey.
Moderates supported the British as a matter of duty.
Extremist's like Tilak supported British as they hoped that
supporting British would grant them self govt in return.
Revolutionaries tried to utilize the opportunity to wage a war on
British to liberate the country, as most of the British troops were
stationed abroad and help to revolutionaries was readily available
from Germany and Turkey who were the British enemies in WW-
I.
Ghadar
The Ghadar Party was a revolutionary group organized around a
weekly newspaper. The Ghadr had its headquarters in San
Francisco (US) and branches along the US pacific coast and in the
Far East.
It was established in 1913 by ex-soldier's and peasants to wage
war against the British.
The Ghadar programme was to organize assassinations of
official's, publish revolutionary and anti-imperialist literature,
work among Indian troop's stationed abroad, procure arm's and
bring about a simultaneous revolt in all British colonies.
Some important Ghadar leaders were Lala Hardayal, Ramchandra,
Kartar Singh Saraba, Bhagwant Singh, Bharkatullah and Bhai
Permanand.
Along with WW-I Ghadar was also encouraged by Komagata
Maru incident in Canada.
Komagata Maru Incident: 373 passenger's mainly Sikh, Punjabi
and Muslim’s sailed from Singapore to Vancouver but they were
not allowed to dock by Canadian authorities as a result they
 returned back at Calcutta without food and water, in Calcutta
police anticipated a violent reaction from passengers as they were
frustrated so they fired on them and 22 person's die in police firing.
Inflammed by Komagata Maru incident Ghadarites Kartar Singh
Saraba and Raghubar Dayal Gupta contacted Bengali
revolutionaries like Ras behari ghosh and Sachin sanyal and
fixed 21st February 1915 as the date for an armed revolt in
Ferozpur, Lahore and Rawalpindi, but they were betrayed by their
comrades and therefore their plan was foiled were repressed by
British and Ghadar movement failed.
Evaluation of the Ghadar Movement
The Ghadar movement's weakness was that it under-estimated the
strength of British in India, both their armed and organizational
might as well as ideological foundations of their rule. Thus, they
under-estimated the extent and amount of preparation required at
every level which was necessary before an armed revolt could be
organized.
Though majority of leaders and most participants were drawn from
the Sikhs, the movement itself was strongly secular in nature, its
leaders were drawn from various religions - Lala Hardayal was a
Hindu, Barkatullah was a Muslim, Rash Behari Ghose was a
Bengali Hindu, publications were secular and set out to create
secular consciousness amongst Punjabis. Their defense of religious
interest was part of cultural defense against colonialism and not an
aspect of communalism.
Chief Khalsa Diwan (Sikh religious leader) proclaimed its loyalty
to the British and declared the Ghadarites to 'fallen Sikhs' and
criminals and helped the government to track them down.
Ghadarites adopted violence, hence no mass mobilization could
take place and no popular support was there, Ghadarites preached
militant movement with a completely secular approach.
There was no organizational structure for future course.
Later unrest and mobilization by the Ghadar movement will be
utilized by Home rule league movement.
Like Ghadar to exploit the chance of revolting against British
during WW-I in Europe, Berlin Committee for Indian
Independence was established in 1915 with the help of German
office under Zimmerman Plan. They aimed to mobilize the Indian
settler's abroad and send volunteer's and arms to India and to even
organize an armed invasion of British India.
 Chapter 13- Home-rule league movement
Home rule league movement was the Indian response to WW-I in
a less charged but a more effective way than response of Indian's
living abroad.
The Home Rule (HR) league movement in Ireland inspired the
Indian Home Rule league movements.
Factor's leading to the HR Movement
Moderates were disillusioned by Morley-Minto reform's.
Tilak was released from jail in 1914 and was willing to unite the
faction's and assume leadership
People were feeling the burden of wartime miseries like high
taxation and rise in prices and were ready to participate in any
aggressive movement of protest.
Annie Besant, an Irish theosophical wanted to start a movt for
Home-Rule.
The Movement
In 1915 Annie Besant launched a campaign to demand a self govt
through her newspaper “ New India and Commonwheel”.
Extremist's wanted to be admitted to the congress and moderates
wanted to have the mass support of extremist's.

Tilak's league was set up in April 1916, areas were Maharashtra

(excluding Bombay city), Karnataka, Central provinces and Berar
it had six branches and their demand's included Swaraj, Formation
of Linguistic states and Education in Vernacular medium.
Annies league was set up in Sept 1916 in areas of Madras and Rest
of India (Including Bombay City) it had 200 branches but was less
organized compared to tilak. George Arundale was organizing
secretary and B.W Wadia and C.P Ramaswamy Aiyar did the main
work.
Leader's- Moti lal Nehru, JN Nehru, M A Jinnah, Lala Lajpat rai,
MM Malviya joined HRL later however the Anglo Indian's, Large
section of Muslim's and non-brahmin's from south did not join the
 movement as they thought it of High Caste and Hindu-majority.
The aim of the HR was to be achieved by promoting political
education and discussion, organizing libraries and reading room's
containing books on national politics, propaganda through news
paper's, pamphlet's, poster's etc.
The Russian revolution in 1917 proved to be an added advantage
for HR Campaign.
British attitude
Severe repression especially in Madras, tilak was barred from
entering Punjab and Delhi, arrest of Annie Bessant in 1917.
Why the agitation faded out
1. Lack of effective organization.
2. Muslim's remained outside the movement.
3. Montagus declaration of August 1917 which held self govt as the
long-term goal of British rule in India.
4. Tilak had to go abroad in 1918 in connection with a case and
Annie Besant was unable to give a positive leadership.
5. Moderates were again wooed by Britishers through promise of
constitutional reform's (Montagu-chelmsford reform's).
6. Annie besant was unable to give a positive leadership and
vacillated over the future course of movement.
7. Movement faded out by 1919.

Positive outcomes of the HR League Movement

Created wider mobilization.
Lucknow pact 1916

Lucknow Pact

There were two significant developments in Lucknow Pact

The Lucknow session of Indian National Congress was presided

by a moderate leader Ambika Charan Majumdar who readmitted
 extremists led by Tilak to Congress
In Lucknow pact INC and Muslim league came together as
Muslim’s were infuriated with British over Britain refusal to help
turkey (ruled by Khalifa, religious leader) in its war's in the
Balkan’s with Italy and annulment of Bengal Partition in 1911
annoyed Muslim's who supported the partition.

In Lucknow pact although the Muslim league agreed to present joint

constitutional demands with the INC to the govt, the congress agreed to
accept Muslim leagues position on separate electorates. Acceptance of
separate electorates in Lucknow Pact was a major landmark in the
evolution of two nation theory by Muslim league. The joint demands were
Self govt at early date.
Legislative councils should be further expanded with an elected
majority and more power's to be given to them.
Separate electorates for all communities.
No bill concerning a community should be passed if 3/4th of the
members of that committee oppose that bill.
Half the member's if Imperial executive council should be Indian's.
Separation of executive and Judiciary.
Salaries of SOS (Secretary of state) should be paid by British govt
and not by Indian govt.
Montagu’s Statement of August 1917

Montagu’s declaration of August 1917 which held self govt as the

long-term goal of British rule in India.
Its importance is that from now on self govt could not be termed as
seditious as it became a part of govt policy.

Montagu Chelmsford reforms led to GoI Act 1919

It made two important declaration’s

Increasing participations of Indian's in every branch of

administration.
 Gradual development of self govt of India which is an integral part
of British empire.

Provision's in Reforms
1. Provincial Govt: Introduction of Diarchy i.e. Rule by two, elected
Minister's and executive council.

Executive
1. Diarchy: That is rule of two executive councilor’s and popular
minister's. Governor to be the executive head in provinces
2. Subject's: Reserved includes Law and Order, Finance, Land
revenue and Transferred Education, Health, Local Govt etc.
Reserved subjects are to be administered by governor through his
executive council of bureaucrat's while the transferred subjects
were to be administered by minister's.
3. Ministers were to be responsible to legislature while the executive
councilors (Bureaucrats) were not responsible to legislature.
Legislature
1. Devolution of legislative authority by center to provinces.
2. Provincial legislative councils were further expanded with 70% of
members to be elected.
3. System of communal and class electorates was further
consolidated.
4. Woman were given the right to vote for first time in 1919 Act.
5. The governor could veto the bill's and issue ordinances.
6. Legislative councils could reject the Budget but Governor could
restore it.
7. Legislator's enjoyed the freedom of speech.
2. Central govt: Still without responsible govt

Executive
1. Governor general (Viceroy’s) to be the chief executive authority
2. There were two lists for administration i.e. Central and Provincial.
3. In the viceroy's executive council of 8 three were to be Indian's.
 4. Gov Gen had full control over reserved subject's in the provinces.
5. Gov Gen could issue ordinances, could restore cuts made in budget
etc.
Legislature
1. Bicameral system in legislature with the lower house i.e. Central
Legislative assembly and the upper house i.e. Council of states.
The lower house contained 144 members with 41 nominates and
103 elected out of elected 52 General, 30 Muslim's, 2 Sikh's and
20 special.
2. So, the system of communal and class electorates was further
consolidated.
3. At the center governor, general could issue ordinances.
4. Legislators could ask questions, pass adjournment motion's but
3/4th of budget was still non-votable.
Drawbacks
Franchise was limited by income criteria and education
qualification's.
Division of subjects was not satisfactory.
Allocation of seat's in central legislature was based on importance
-Punjab- Military, Bombay- Commercial.
Division of subject's and parallel administration was irrational and
unworkable.
Control over finance resulted in constant friction between
Minister's and executive council's.
Chapter 14 - Arrival of Gandhi to Non-Cooperation
movement
Gandhi Ji in South Africa (SA)

Dutch founded Cape colony in SA in 1652.

British after two wars with the Dutch established in 1910 union of
South Africa, having Transvaal, Orange free state and Cape
colony.
In South Africa, white settler's recruited indentured Indian labor
mainly from south India to work on sugar plantations, Memnon
Muslim’s and ex-indentured laborers constituted the rest of Indian
population.
Bantus(African's), Latin American's, Other Asian's and White
settlers constituted the rest of the population.
Racial discrimination by the white settlers against other ethnicities
was part of daily routine and accepted as a way of life.
Gandhi landed in Durban in 1893 to sort out legal problems of a
Gujrati Merchant called Dada Abdullah.
Gandhi was the first Indian barrister to have come to south Africa.
He knew the language of white settlers and also had knowledge of
the laws.
His encounter with racism was on a train journey from Durban to
Pretoria where in spite of having first class ticket he was thrown
out of the train. Later on, reaching Johannesburg all hotels became
full the moment he asked for a room.
On reaching Pretoria he convened a meeting of the Indian's and
offered to teach English and suggested ways to organize
themselves.
From 1894-1906 he adopted the moderate approach of prayer plea
and petition to change discriminatory law's but to no avail.
From 1906 onwards he adopted passive resistance or satyagraha,
for struggle against discriminatory law's.
To unite different sections of Indian's he set up Natal Indian
congress and started a paper called Indian opinion.
Discriminatory law's in South Africa against which Gandhi agitated

1. Immigration Law Amendment Act, which stated that those

indentured laborer’s whose contract had ended need to either
renew their contract for two year's or pay a poll tax of 3 pounds per
year.
2. 1906 Black Act, Indian's residing in Transwal need to carry a
registration certificate having their fingerprint always.
3. Restriction Transwal Immigration Act, it prohibited Indian's from
entering Transwal from other area.
4. In 1913 Supreme Court judgement, which invalidated marriages
not in accordance with Christian law's.

Basic tenants of Satyagraha by Gandhi

Satyagrahi was not to summit to what he feel's is wrong and that to

in a nonviolent manner.
Satyagrahi should be ready accept suffering.
Satyagrahi should love the evil doer and hate the evil.
Only the brave could practice satyagraha which is not for the
week's and coward's.

Timeline of Gandhiji’s struggle in SA

In 1906 Gandhi organized passive resistance association to protest
against poll tax, many were sent to jail during the movement and
public participation swelled as the movement went on.
General Smut was appointed as secretary to govt in Transwal
Colony, he agreed to accept Gandhiji’s demand to withdraw the
legislation if Indian's voluntarily agreed to register
themselves. Gandhiji accepted and was the first to register. But
the general reneged on his promise and Gandhiji vowed to agitate
again.
In 1908 Gandhiji organized protest against Transwal Immigration
Act and many Indian's crossed into Transwal to defy the law.
 Gandhi was jailed in 1908 and the movement became leaderless.
Later on, Gandhiji was released and he went to London in 1909 to
protest against the discriminatory law's, to take care of the
satyagrahi's he established Tolstoy Farm in 1910, which took care
of satyagrahi's families and provided for education of their
children. A German architect friend of Gandhiji named
Kachlenback provided generously for establishment of the farm.
In 1912, Gokhale arrived in South Africa and asked Gandhiji to
agitate against the discriminatory law's. In 1913 Gandhiji made the
final push which included agitation against poll tax and various
immigration restriction law's.
Lord Hardinge the viceroy of India condemned the repression on
the Indian's agitating in South Africa and ordered general smuts to
conciliate with the Indian's agitating against repressing law's.
The govt of South Africa considered major Indian demands
regarding poll tax, registration certificates, solominization of
Indian marriages according to Indian right's and promised to treat
the question of Indian immigration in a sympathetic manner.

CF Andrew's (Charles freer Andrew's)

He was a Christian missionary, educationist and social reformer,

called as Deen Bandhu or friend of the poor, he taught philosophy
at St Stephen's College, convinced Gandhiji to return to India from
SA.

In 1918 he disagreed with Gandhiji over helping the British in

World war 1 as it was against principle of Ahimsa.

He was also the president of all India trade union formed in 1920-
25 and 1927.

Outcome and learning from South African struggle

It provided blue print for Gandhian method of struggle which

Gandhiji used when he came back to India.
 It built faith in the masses for the passive resistance techniques.
It united Indian's belonging to different religion's, Hindu, Muslim,
Parsi's. It united Indian's from different Region's like Gujrati and
Tamil's. United Indian's from different social classes like Rich
Merchant's and Poor Indentured Labourers.
Gandhiji's arrived in India in 1914 and decided not to take any
political stand on various issues. He organized an ashram in
Ahmedabad and with his band of followers toured the country to
know about the actual situation of the masses.
His faith in moderate methods was long eroded and he lend more
towards a leftist ideology.
He decided to stay away from Home Rule League Movement
because he felt that it is not the best time as the Britisher's were in
difficulty because of World War 1.
Three Event's that launched Gandhiji on a National front in India

1. Champaran 1917 (Bihar) : First civil disobedience.

It was first civil disobedience by Gandhiji
European planters had involved the cultivator's in forced
agreement to cultivate Indigo in 3/20 th of their holding's
(Tinkathia System).
German synthetic dyes forced Indigo out of the Market and the
European planters tried to extract illegal dues and enhancement in
rent from the cultivator's in order to maximize their profit's before
the peasants could shift to other crop's.
Raj Kumar Shukla persuaded Gandhiji to come to champaran and
take up their cause. Commissioner ordered Gandhiji to stay away
from Champaran, but Gandhiji unlike Annie Besant and Tilak
defied the law and took up the punishment. The Govt of India then
allowed Gandhiji to proceed with an enquiry.
Gandhiji along with his colleges Brij Kishore, Rajendra Prasad, JB
Kriplani etc collected information from the peasant's regarding the
illegal dues.
Govt appointed committee with Gandhi as one of its member's,
 later govt abolished Teen Kathia system and refunded 25% of the
illegal dues taken.
Gandhiji accepted the commission's recommendation and within a
decade planter's left the district altogether.
2. Ahmedabad mill worker's strike (First hunger strike)
Workers of Ahmedabad protested over question of Plague
arbitration by a tribunal and demanded 30% rise in wages. The
mill owner's reneged from their promise of going to arbitration,
this led to Gandhiji going on a Hunger strike to protest for the
rights of the mill worker's. The British govt pressurized the mill
owner's to go for arbitration via tribunal and the tribunal awarded
35% increase as the worker's had demanded.
3. Kheda Satyagraha (1918) first non-cooperation

Because of draught in 1918, the crop's failed in Kheda District of

Gujrat. According to the revenue code if the yield was less than
1/4th of the normal produce the farmer's were entitled to
remission. The authorities refused to grant remission.
Gandhi supported the peasant's cause and asked them to withhold
the revenue. Sardar Vallabbhai Patel, Indulal yagnik joined
Gandhiji and urged peasant's to stand firm against govt repression
like, ceasing of cattle, attachment of standing crop's etc.
The govt issued secret instruction's that only those who could
afford to pay should pay.
Gandhiji recognized that people have exhausted and accepted this
graceful way of stopping the struggle.
Rowlatt Bill's and Rowlatt satyagraha: First Mass strike of Gandhi
In February 1919 after the First World War when people were
expecting some constitutional reforms, because of Indian
participation in first world war govt introduced Rowlatt Bill's, bills
allowed the govt to imprison any person without trial and
conviction in a court of law and thus enabling the govt to suspend
the right of Habeas Corpus I.e. Curtailing civil liberties of
Indian's. Gandhiji gave a call for nationwide protest two bills.
A satyagraha sabha was formed which drew unsatisfied people
heavily from Home Rule leagues organized in 1916. This act
authorized the govt to imprison any person without trial and
conviction in a court of law, thus enabling the govt to suspend the
right of Habeas Corpus.
On 6th April, a nationwide strike was planned and it witnessed
large scale violence and Anti-British demonstration's in Bombay,
Calcutta, Delhi, Punjab and Ahmedabad.
April 1919 saw the biggest and the most violent Anti-British
upsurges since 1857.
Protest was generally accompanied by violence specially in
Amritsar and Lahore, even in Bombay and his native Gujrat people
took to violence and govt came down on the movt with a strong
hand.
Because of the erupted violence trailing from satyagraha launched
by Gandhiji, Gandhiji called this satyagraha as the Himalayan
Blunder as it failed to manifest its purpose i.e. the repealing of
Rowlett Bill's non-violently.

Jallain-wala-bagh massacre

In Amritsar arrest of two leader's Saifuddin Kithlew and Satyapal

on 10th April led to an attack on townhall and post office.
Telegraph wires were cut and European's were attacked. So army
was called in and City was handed to General Dyer who issued
prohibitory order's on day of Baisakhi to people who gathered in
 Jallianwala Bagh to attend a public meeting against the arrest
of leader's Saifuddin Kithlew and Satyapal . General dire ordered
troops for open firing. Estimated deaths were Official 400
unofficial more than 2000. Rabindranath Tagore renounced his
knighthood.

Khilafat movt

Though the Khilafat issue was not directly linked to Indian Politics
but it provided an immediate background to the movement and
gave an added advantage of cementing Hindu-Muslim unity
against the British. During WW-I Turkey had allied with Germany
and Austria, so when war ended Britain took a stern attitude
towards turkey. Turkey was dismembered and Khalifa was
removed from power.
As a result Muslim’s were incensed with the British and they came
in huge number's to oppose them in NCM.
Khilaft commitee was formed under the leadership of Ali Brother's
and the ground's for countrywide struggle agitation were prepared.
Non-cooperation Movement (NCM)

Background of NCM and Khilafat Movement

After WW-I economic situation of the country had become
alarming with the rise in prices of commodities and the decrease in
production of commodities.

The Rowlatt Act (passed) and the imposition of Martial law

thereafter exposed the uncivilized face of foreign rule.
Hunter commission appointed on the Jallian wala bagh massacre
of April 1919, was a complete eyewash, house of lords voted in
favor of general dyer's action's and the morning post collected
30000 pounds for general dyer.
Montagu-Chelmsford reforms announced towards 1919 with its
system of diarchy, failed to satisfy the rising Indian demands of
self govt.
 The younger elements of freedom struggle advocated militant
nationalism.
Post WW-I period saw the signing of Lucknow pact in 1916 which
ushered in Unity between Moderate's, Extremist's and Muslim's
and the cooperation of Muslim league.

Development of Khilafat-Non-Cooperation Movt

All India Khilafat conference was held in Delhi in November

1919 under the leadership of Ali Brother's, Maula Azad and Hasrat
Mohani called for boycott of British good's.
Congress was not united on the form of political action to be taken
on the Khilafat question.
Tilak was opposed to alliance with Muslim leader's over religious
issues as it could lead to communalization of freedom struggle.
Some congress leaders were opposed to Gandhi’s program of
boycott of the council.
Gandhiji saw Khilafat issue as a golden opportunity to cement
Hindu Muslim Unity as well as bringing different sections of the
society Sikh's, peasant's, Capitalist's and woman into the national
fold.
Gandhiji set the agenda of NCM as avenging Punjab wrong,
Khilafat wrong and attainment of Swaraj.
On 31st August 1920, Khilafat committee started a campaign of
non-cooperation which saw the formal launch of NCM. So NCM
was first launched by Khilafat committee and congress then
adopted it.

The program NCM included / Calcutta session of congress 1920

Boycott of govt schools, colleges, law court's (taking justice from

panchayat's).
Boycott of legislative counsel’s.
Boycott of foreign cloth and use of Khadi instead.
 Renunciation of govt honor’s and titles.
Resignation of govt service and nonpayment of taxes.
Constructive work like Untouchability, Nationalism, Picketing of
liquor shop's etc.
In 1920 December Congress session NCM was endorsed.

Ideological change:

Attainment of swaraj through extraconstitutional mass struggle

rather than through peaceful and legislative mean's.

Organizational Change.

Provincial Congress committees on linguistic basis and ward

committees were organized.
Gandhiji promised Independence within a year if NCM was
implemented.

Outcome of NCM

Leader's like MA Jinnah, Annie Besant, Bipin Chandra pal left the
congress as they believed in Constitutional and lawfull struggle.
Formation of Indian National Liberation Federation (INLF) by
Surendranath Banerjee which included the likes of Tej Bahadur
Sapru.
CR Das, Lala lajpat rai and Subhash chandra bose became leaders
of the movt and established institution's like, Jamia Milliah
Aligarh, Kashi Vidyapeeth and Gujrat Vidyapeeth.
No-tax movement against union board taxes in Midnapur Bengal
and in Guntur Andhra Pradesh was going on and local congress
bodies were asked to start the next phase of the program.
In Assam strikes in tea plantations were organized by JM
Sengupta, govt came down heavily on protester's, banned public
meetings and issued gag orders on press.

In Feb 1922 Gandhiji threatened to launch Civil Disobedience from Bardoli

if.
1.Political Prisoners were not released and
2.Press controls were not removed.

Chauri-Chora incident

On 5th February 1922, a group of volunteers burned down a police

station in Chauri-Chora, so Gandhiji took the movt back.
A congress working committee meet at bardoli passed a resolution
to stop all activity and focus on constructive work like,
popularization of Khadi, Hindu-Muslim unity, National schools,
Movt against untouchability and eradication of social evils.

Reason's for withdrawal of NCM

Movt turning violent, and a violent movement could be easily

suppressed by authorities who could easily use violence as an
excuse to suppress the movement by using their military might.
People were tired of protesting.
Increasing non-relevance of Khilafat question as in 1922 the
people of Turkey rose under Mustafa Kamal pasha and deprived
the sultan of his political power then, turkey was made a secular
state.
In March 1922, Gandhi was arrested and sentenced to 6 years in
Jail.

Evaluation of Khilafat-NCM from Exam Point

With NCM the nationalist sentiments reached every nook and
corner of the country and politicized every stratum of the
population including student's, artisan's, peasant's and urban poor.
This politicization and activation of millions of men and woman
imparted a revolutionary character to the national movement.
Colonial struggle was based on two myth's First that the Rule was
in the interest of Indian's and second that that it was invincible.
The first Myth had been exploded by the economic critique of
British by moderate nationalist's and second myth had been
 challenged by satyagraha through mass struggle.

Nagpur session of Congress 1920

1. Extra constitutional means to attain Swaraj were adopted.
2. Revolutionary terrorists pledged support to Congress.
3. Jinnah left the Congress.
4. Jinnah, Annie Besant, G S Kharpade, B C Pal left the Congress as
they believed in a constitutional and lawful struggle.

Swaraj Party / Swarajists and no changer's

After NCM change in strategy was needed CR Das and Motilal

Nehru advocated opening a new front through reentry in the
council's. A resolution for the same was passed in 1922 session
which was defeated by no changer's comprising Vallabh Bhai
Patel, Rajendra prasad, C Rajagopala Chari etc.
On 1st January 1923, a new part was floated called Congress
Khilafat Swarajist Party or Swaraj Party. Their aims were
acceptance of congress programme except for ban on council entry
or boycott of council entry, agitation for self govt and obstructing
and creating deadlock in the legislature.

Their aims were

1. Congress program except boycott of council's.
2. Agitation for self govt.
3. Obstructing and creating deadlock's.
Common grounds and differences among the two groups.
Differences among two groups

Swarajist

1. They wanted to fill the temporary political void which would boost
the morale of Indian's through reporting in Newspaper and
Journal's.
2. Their boycott of council's may facilitate entry of communalist's
and vested interests.
3. They wanted to use the council's as a forum to air the grievances of
the people and to obstruct anti-India legislation's and to use the
council's as an arena of political struggle.

No-Changer's

1. Council-entry will neglect constructive work which requires

preparing political workers for next round of civil disobedience.
2. Cooperating with the govt will only result in peace meal legislation
and reform's and nothing substantial.
3. Council entry may result in member's falling for govt favor’s and
patronage.

Reconciliation

1. Both the group's strongly felt the need for unity and wanted to
avoid a 1907 type of split, so both sides kept in touch with Gandhi,
who was in jail and accepted his leadership at the national front. A
compromise was reached in September 1923 and Swarajists could
contest election's as a group within the congress and they accepted
the congress demand with only one difference that they would join
legislative counsel’s.
2. Gandhiji was released in 1924 on health grounds and was initially
opposed to council entry, the British released Gandhiji on the
expectation that it may result in a split.
3. But Gandhi adopted and accommodated policy, he saw the
courageous and uncompromising way Swarajists had functioned.
4. In December 1924 session at Belgaon, presided over by Gandhi a
decision was endorsed to allow Swarajists entry into the council's.
Achievements of Swarajists.

Swarajists got a clear majority in central provinces, were the

largest party in Bengal and did quite well in Bombay and UP.
In central legislative assembly Swarajists in coalition with
Independent’s like Md Ali Jinnah, liberal's and Individual's such as
Madan Mohan Malviya could resist many legislation's.
Vithalbhai Patel was elected as speaker of Central legislative
assembly in 1925
Three major set of problem's, constitutional advancement to self
govt, release of political prisoners and development of indigenous
industries.
They exposed the hollowness of 1919 Montagu Chelmsford
reform's.

Drawback's

There was limit to the policy of obstructing the council's.

Death of CR das in 1925 left the Swarajists leaderless.
They could not carry on with their coalition partner's very far
because of the conflicting ideas, which further limited their
effectiveness.
Many of the Swarajist parliamentarians couldn’t resist the pull of
govt favor’s and patronage.
Swarajist party failed to take up the cause of peasant's in Bengal.
In 1926 Gandhi reiterated his faith in mass civil disobedience and
resumed his critique of council entry.
By 1924 the Swarajists position was weakened because of split
among Swarajists themselves on communal and Responsivists-
Non responsivists lines.
 Chapter 15 - Growth of left and second phase of
revolutionary Movement
Third decade of twentieth century i.e. the 1930s is a watershed in modern
history in more ways than one. Because it marked the entry of Indian masses
in National movement and it also saw the crystallization of the main political
currents on the national scene. The international influence on Indian political
thinker's during this period was more pronounced than before.

Factor's responsible for their growth

Russian revolution 1917
Growth of trade union's e.g. 1920 Ahmedabad mill worker's strike
Search for alternative ideology apart from Swarajist, Gandhian,
revolutionary and no-changer's.
Adoption of socialism by leader's like JNU and Subash Chandra
Bose.
Nehru's contribution
Nehru initiated contact with socialist abroad, in 1927 he attended
international congress against colonial oppression and imperialism.
In1928 JNU and Subhash organized India for independence
league.
The socialist and economic restructuring of the society.
He criticized Gandhi for refusing to recognize class struggle and
preaching harmony between various classes.
In 1920 MN Roy and seven other Indian's set up Communist party
of India in Tashkent (Uzbekistan, Capital), which was later
formalized in Indian Communist Conference in Kanpur in 1925.
In 1928 worker's and peasant's party organized as an all India party
with centers at Rajasthan, UP, Delhi etc. WPP was supported by
JNU and Subhash.

Government Response
 Severe repression to the communist. Many communists were
trying to enter from soviet union.
Two British communist Philip's sprat and Ben bradley came to
India to organize trade union movement.
In 1924 govt took out the entire communist leadership including
SA Dang, Nalini Gupta, Shaukat Usmani.
The sixth congress of communist international, broke connections
with INC and declared it a Burgeoisia Party.
WPP dissolved on the ground that the two classes have different
interest.
In 1934 CPI declared illegal.
In 1935 communist international tried to form a united front with
congress against the Fascist forces.
in 1934 CSP(congress socialist party) formed in Bombay under
leadership of Jay Prakash Naryan and Acharya Naredra Dey.
It's aim's struggle for freedom is the way towards socialism.
Socialist must work within the framework of INC.
Must give INC a socialist direction.
Organize workers and peasants and redress their demand's.
Though there were many strands of left party within the congress
party but there was no split in the congress.
Limitations of the leftist's
Failed to show tactical flexibility on various issues like war.
Mainly occupied themselves in attacking right wing of the
congress.
Their means of arm's struggle were outdated.
Failure of left parties to act in a United manner.
Nehru and Bose could not coordinate and later communist saw
socialist as American agent's.
Achievement's
1. Organizing worker's and peasant's.
2. Providing socialist leadership to congress 1936-1939
3. Recognized misery of people not only due to colonial rule but also
due to internal socioeconomic structure of Indian society.
Second phase of revolutionary movements
There were two strands of revolutionary movements first in Punjab, UP and
Bihar and second in Bengal.
Reason's for revolutionary movements

1. Upsurge of working class after the World War I in 1918.

Ahmedabad mill strike, 1920 all India mill federation.
2. Impact of Russian revolution in 1917.
3. Sprouting of new communist and left leaning group's like CPI in
1920.
4. Many of the revolutionaries participated in 1920.
5. Bhagwati chandra vohra, Bhagat singh, Surya Sen, Jatindas,
Chandra shekhar azad, Jaidev Kapoor, Roshan singh.
Event's in Punjab, UP and Bihar

1. The revolutionary terrorist activity in this region was dominated by

Hindustan Republican Association later renamed as HSRA
(Hindustan Socialist Republican Association). HRA was founded
in October 1924 in Kanpur by Ram Prasad Bismil, Jogesh Chandra
Chatterjee and Sachin Sanyal with the aim to organize an armed
rebellion to overthrow the colonial government and to establish in
its place federal republic of united states of India.
2. HRA was formed in 1924 to organize armed revolution.
3. In August 1925 Kakori Robbery (Village near Lucknow), many
members of HRA were cought and Hanged- Ashfaqullah Khan,
Ramprasad Bismil, Roshan Singh and Rajendra Lahiri.
4. From 1925-1928 they reunited and after 1925 for three years there
was a lull in revolutionary activities
5. Then they made a move towards mass movement through
formation of Naujawan sabha by Bhagat Singh in 1928.
6. In September 1928, at Ferozhah kotla,a group of younger most
revolutionaries of northern India met and accepted socialism as
their goal and changed the party name to HSRA (Hindustan
socialist republican association).
 7. Brutal lathi charge of Lala Lajpat Rai gave again a violent turn to
HSRA.
8. In April 1929 Bhagat Singh and Batukeshwar Dutt threw a bomb
in Central Legislative assembly in April 1929 to protest against
Public Safety bill (bill allow's illegal detention) and trade dispute
bill, the bills were aimed at curtailing the civil liberties of Indian's
in general and worker's in particular.
9. In Jail, they went on a prolonged hunger strike against the horrible
condition of the inmates.
10. This made them popular among the masses as well as the
propaganda which they waged from the court was widely
represented by many newspapers.
11. On 23rd March 1931, Bhagat Singh, Sukhdev and Rajguru were
hanged in Lahore Conspiracy case for murder of Saunder's.
12. Bhagat Singh helped establish Punjab Naujawan Bharat Sabha in
1926 as an open wing of revolutionaries to carry out political work
among the youth, peasant’s and worker's.

Revolutionary activities in Bengal

Active groups in Bengal were Yugantar, Anushilan Samiti and Later

Chittagong groups led by Surya Sen.

Anushilan samiti was formed in 1902 (under the leadership of JN

Sengupta) and Yugantar in 1906 under the leadership of Subhash
Chandra Bose who carried out revolutionary activities in Bengal.

Surya Sen and Chittagong armory raid

Surya Sen decided to organize an armed rebellion along with his

associates, to show that it was possible to challenge the armed
might of the mighty British empire. They had planned to occupy
the main armories in Chittagong to seize and supply arms to
revolutionaries and to destroy telephone and telegraph lines.
On 18th April 1930, a large band of revolutionaries disrupted the
telephone and telegraph system of the city, dislocated railway
communication system, looted the govt armory and hoisted the
national flag on the armory, later on they disbursed into
neighboring villages, many of the revolutionaries were caught
arrested, Surya Sen was hanged in 1934 while others were sent to
long terms of imprisonment.
There was a large-scale participation of young woman under Surya
Sen, they provided shelter, carried messages and fought with gun's
in hand. Eg Pritilata Wadedar who died conducting the raid,
Kalpana Dutt assisted Surya Sen in Chittagong armoury raid and
was given life sentence, Suniti Ghosh and Suniti Chandheri sholl
girls of Comilla who shot dead District Magistrate, Bina Das who
fired point blank at governor while receiving her degree at
convocation.
Distinctive feature of second phase of revolutionary movement

Rather than individual action's emphasis was on group action's

There was a secular outlook: Revolutionaries such as Bhagat Singh
placed special emphasis on countering increasing
communalization, he felt that communalism was as big as an
enemy as imperialism was, he wrote an article called why I am an
atheist, in which he subjected religion to a scathing critique.
 Chapter 16 - Simon Commission 1927
Simon commission was a seven member all white Indian statutory
commission, it was to recommend whether India was ready for
further constitutional reforms and on what lines.
Lord Birkenhead was responsible for appointment of Simon
commission. He gave this statement '' Indian's are unable to frame
their constitution''.
In 1927 Conservative govt of Britain faced a prospect of electoral
defeat in the hands of Labor party and it did not want to leave the
question of future of Britain’s most priced colony in irresponsible
labor hand's, hence called for advanced constitutional reforms in
India. No Indian was the member of Simon commission as the
viceroy felt that Indian's are not fit to frame the Indian
Constitution.
Indian Response
India's response to Simon commission was immediate and nearly
unanimous, what angered the Indian's most was the exclusion of
Indian's from the commission and the basic notion that behind the
exclusion that foreigners would discuss and decide upon India's
fitness for self govt.
Simon commission faced boycott from Indian national congress,
liberation federation and Muslim league.
The 1927 Madras session of INC, passed a resolution to boycott
Simon commission, JNU even succeeded in getting passed a snap
resolution for complete independence, the commission landed at
Bombay on 3rd February 1928 and faced black flag's wherever
they went. The youth of Poona took advantage, they utilized the
stretch where road and railtrack (of rail on which Simon
Commission was going) run side by side to each other and raised
black flag's all the way from lonawala to Poona.
In Lucknow people floated Kites and Balloon’s printed with the
slogan Simon go Back, In Lucknow JNU and Govind wallabh pant
were beaten by police, in Lahore Lala Lajpat rai died.
Recommendations of Simon Commission in 1930

Abolition of dyarchy
Introduction of provincial autonomy,
Voting to be extended to at least 10-15 % of population.
Introduction of dyarchy at the center.
Retention of communal electorate.
Reconstruction of central legislature on federal principle for the
proposed federation.
Special power's to be given to governor general and governors.

Simon Commission suggested the retrograde step of increasing

control of provincial govt over local governments in the interest of
greater efficiency.
Montagu-Chelmsford reforms, 1919 provided for a commission to
enquire into the working of the system of the govt. after 10 years
of these reforms. But the Simon Commission was constituted 2
years before such a Commission was due. Because the
conservative govt in England felt sure of its defeat in next General
Election in England and it didn't want to leave the appointment of
such a commission to successor govt.
Therefore, the provision of this kind of Commission was part of
the 1919 reforms.
Bardoli Satyagraha (1929)

In 1926 in Bardoli Taluka in Surat, 30% increase in land revenue

was suggested by govt, Bardoli commitee found the raise
unjustified, in 1928 Patel was sent to lead the movement, he
organized 30 worker's camp, mobilized the movement and started
Bardoli Patrika to mobilize public opinion.
Peasant's refused to pay increased rent and demanded an
independent tribunal, to consider the issue, govt was ready for a
compromise and asked all peasant's to first pay the increased rent
 and then set up an independent tribunal which recommended
6.03% raise.
Here the woman of Bardoli gave Vallabhai Patel the title of Sardar.
Bardoli is termed as child of NCM and Father of CDM.

Nehru Report (1928) By Motilal Nehru

First major attempt by Indian's to draft the constitutional framework as an
answer to lord Berkenhead's statement. The Nehru report confined itself to
British India as it envisaged future linkup of British India with the princely
states on a federal basis for the dominion it recommended. Lord Birkenhead's
challenge given to Indian politicians to produce an agreed constitution, an All
Parties Conference met in Feb. 1928 and appointed a sub-committee under
the chairmanship of Motilal Nehru to draft a Constitution, and thus Nehru
Report came up. Dominion status as a form of govt desired by Indian's was
the only recommendation not accepted unanimously. Key points in report
were
1. Rejection of separate electorates, and acceptance of joint
electorates with reservation of seats for Muslim’s at the center and
provinces where they are in Minority in Proportion to their
population and not in those provinces where Muslim's are in
Majority.
2. Linguistic provinces: Question of language in post-independence.
3. 19 Fundamental Right's including equal rights for woman, UAF:
Universal adult franchise and Right to form Union's.
4. Full protection to cultural and religious interests of minorities.
5. Complete dissociation of state from religion i.e. Secular state.
6. Responsible govt at the center and in provinces.
Response to Nehru Report: Got into controversy over the issue of
communal representation.

1.Muslim League: Gave Delhi Proposal's as their own alternate to Nehru

Report a)1/3rd representation to Muslim's in Central legislative assembly,
formation of 3 new Muslim majority provinces i.e. .NWFP, Sind and
Baluchistan.
b) Representation (i.e. Reservation in Assembly) of Muslim’s in Punjab and
Bengal in proportion to their population.

2.Hindu Mahasabha: a) It was against creating Muslim majority provinces.

b) It was against the demand for reservation to Muslim’s in Punjab and
Bengal.

Younger section of congress i.e. Jawaharlal Nehru (JNU) and Subhash

Chandra Bose were unhappy with Dominion Status as they were aiming for
complete independence. So JNU and Bose went on to form Independence for
India League.

Lahore congress session (1929)

Congress adopted complete independence (Purna swaraj) as its

goal.
Congress decided to launch CDM, January 26 1930, celebrated as
first Independence day all over country.

Jinnah's 14 point's

1. Federal constitution: With residual powers to provinces.

2. Provincial autonomy.
3. No constitutional amendment by the center without concurrence to
the state.
4. 1/3rd Muslim registration in central legislature and 1/3rd cabinet
member's to be Muslim's.
5. Separate electorates.
6. No bill to be passed if 3/4th of Minority committee considers it to
be against their interest.
7. Separation of Sind from Bombay
8. Full religious freedom to all communities.
9. Protection of Muslim Right's in religion, Culture, Education and
Language.

No consensus could be generated on Nehru Report, Hindu Mahasabha,

Muslim League and Central Sikh League as well as left wing leader's like
Subhash Chandra Bose, JNU and Bose established Independence for India
league in 1928.
 Chapter 17 - Civil Disobedience Movement (CDM)
1. After Nehru Report, 1 year deadline is given to Britisher's to
accept its demand's otherwise a non-cooperation movement will be
launched.
2. The Lahore session of congress in 1929 rejected the round table
conference offer of Lord Irwin and declared complete
independence as the aim of the congress. 26th January 1930 was
fixed as the first Independence Day to be celebrated everywhere.
31st December 1929 the newly adopted tricolor flag was hoisted
on the banks of river Ravi and slogans of Inqilab Zindabad were
raised, on 31st January 1930.
Gandhi gave a 11-point ultimatum to Irwin for administrative reforms.
Reduce expenditure on army and civil services by 50%.
Introduce total prohibition.
Carry out reforms in CID.
Release political prisoners not convicted of heinous crimes.
Change arm's act,
Accept Postal reservation bill.
Introduce textile protection.
Reserve coastal shipping for Indian's.
Reform exchange rate.
Reduce land revenue.
Abolish salt tax.
3.Salt was chosen as a central formula or medium to protest, because tax on
salt is an issue dear to woman, it is religious neutral and it directly concern's
the poor. Other issues like no-rent campaign and worker's demand would
have polarized the movement.

4.On 12th March 1930, Gandhiji along with 78 follower's started from
Sabarmati ashram (Ahmedabad, Gujrat) and travelled for 385 km to reach
Dandi where he broke the salt law.

5.The movement spread in Tamil Nadu where C Rajagopalachari led a

similar March from Tiruchi to Vedranniyam.

6.In Gujrat Sarojini Naidu protested salt depos. Sarojini Naidu along with
Manilal Gandhi took the unfinished task on leading a raid on Dharsana Salt
works

7.In Malabar K. Kelappan led the MARCH FROM CALICUT TO

POYANNUR.

Other forms of Upsurge at CDM

1. In NWFP Peshawar, Khan Abdul Gaffar Khan (also known as

Badshah Khan or Frontier Gandhi) led the movement of education
and social reform works among the Pathans. He brought out the
first Pushto political monthly called Pakhtoon, and organized
political workers called Khudai Khidmadgar's. They used to wear
red shirt's, who were pledged to freedom struggle and non-
violence.
2. Surya sen organized Chittagong armory raid.

Salt production has geographical limitation's, so in other parts of the country,

picketing of liquor shop's, Prabhat fairies and distribution of Secret Patrikas
and Magic Lantern Show etc. were done. In Maharashtra(Sholapur) textile
workers went on a strike and burned symbols of govt authority like railway
stations, police station's, law courts. In Assam agitation was organized
against infamous Cunningham Circular which forced parent's and guardians
to furnish assurance of good behavior of their ward's. In Karnataka and
Central Provinces defiance of forest law's such as Grazing and Timber
restrictions were organized. In Nagaland, a young girl of 13 years, Rani
Gaidinliu organized a revolt against the foreign rule and she was sent for life
long imprisonment.

Extent of Mass Participation in CDM

Several sections of the population participated in the movement.

Woman: Gandhi had especially asked woman to play a leading

part in the movement. They became a familiar site picketing
outside liquor shop's, Opium Den's and Shop's selling foreign
cloth. For Indian woman, the movement was the most liberating
experience and truly marked their entry into the public sphere.
 Student's: Along with woman, students also played a part in
picketing liquor shop's.
Muslim: Muslim participation was limited in CDM. Still some
areas like NWFP saw an overwhelming participation.
Merchant's and Trader's: They had an Active participation.
Tribals: Active in central provinces of Maharashtra and Karnataka.
Worker's: The workers participated in Bombay, Calcutta, Madras,
Sholapur etc.
Peasant's: They were active in UP, Bihar and Gujrat.
Govt response to CDM
Govt face the classic dilemma of dammed if u do and dammed if u
don't., if force was applied the congress would have cried
repression and if little was done congress cried victory.
Provincial govt's were given the freedom to ban civil disobedience
organizations.
Gandhi was arrested and in July 1930, Viceroy suggested 1st
(Round Table Conference) RTC and reiterated the goal of
dominion status. Congress rejected their participation in 1st RTC
and reiterated the demand of complete independence and complete
national govt.
1st Round Table Conference
British Prim Minister Ramsay Mc Donald (Labor) invited Indian
political leader's to discuss further constitutional reforms.
Congress and Most Business leader's boycotted first RTC.
Participant's

British: Labor, Conservative and Liberal's.

Princely States.
Liberal's.
Muslim League.
Hindu Mahasabha.
Sikh's.
Ambedkar.
 Land lord's.
Representatives from Govt of India.

Outcomes

1. An idea of All India Federation was proposed.

2. Responsibility of executive to legislature.
3. Idea of separate electorates to minorities (Dalit's included).

Gandhi Irwin Pact

On 25th January 1931 Gandhi was released from jail
unconditionally, and started discussion with viceroy. A pact was
signed called Delhi Pact or Gandhi Irwin-pact. The pact placed
congress on an equal footing with the govt.
In 19th February 1931 (31st March Bhagat Singh Hanged).

Govt agreed for:

Release of political prisoner’s of (CDM) not convicted for

violence.
Return of confiscated land's.
Right to make salts for consumption of villages (not sale).
Right to peaceful and non-aggressive picketing.
Withdrawal of emergency ordinances.
Liberal treatment of govt servants who have left job's.
Withdrawal of emergency ordinances.
Two points not accepted by Irwin
Demand for public enquiry into police excesses.
Commutation of death sentences of Bhagat Singh, Sukhdev and
Rajguru to life sentence.

In return of Irwin Pact congress decided to discontinue CDM and

participate in 2nd RTC. Compared to NCM in CDM there was a decline in
the participation of Intelligentsia, Muslim's, Student's but major
 participation by Peasant's and Industrial groups. In NCM student's and
Intelligentsia participated heavily.

Karachi Session of Congress 1931

Endorsed Delhi Pact between Gandhi and Irwin.
In Karachi session two very important resolutions were passed:

Resolution on fundamental rights which included primary

education as a fundamental right.
Resolution on National economic programme was pass which
included right to form unions (by peasants and workers)

The Karachi session remained the basic political and economic program for
congress in future.

2nd Round Table Conference

Not much was expected in this meeting as the right wing in Britain
led by Prime Minister Churchill had objected to negotiate with the
congress on an equal basis.
Gandhiji made the question of inclusion of Dalit's in a minority for
separate electorate as a major issue.
Govt failed to concede the basic Indian demand of freedom.
Ramsay promised to announce unilaterally the communal award, if
Indian's failed to reach an agreement.
So Gandhiji announced second phase of CDM from December
1931-April 1932.

Communal Award (1932)

On Gandhi’s arrival in India he was arrested and in response to the
communal award he went on a fast.
Communal award provides separate electorates for depressed
classes and it declared them as minorities. (Note: Sikh's and
Christian's were already declared depressed classes.)
Nationalist's felt, this would be a threat to national unity.
Separate electorates mean that for Dalit's only Dalit’s will vote..
Communal award declared depressed classes also to be minorities
 and entitled them to separate electorates.
Gandhi's fast unto death led to Poona Pact.
Poona Pact (Sept 1932)

Poona Pact which was signed between B.R. Ambedkar and Gandhi, it said
that provision for separate electorate for depressed classed was to be
removed. Signed by Ambedkar on behalf of the depressed classes in
September 1932, the pact abandoned separate electorates for depressed
classes. But the seats reserved for depressed classes were increased from 71
to 141 for depressed classes in Provincial legislatures and 18% of the total in
central legislature.
Differences between NCM and CDM
NCM
Objective was remedying Khilafat
wrong and Punjab wrong.
Involved non-cooperation of law.
More Muslim participation.
Congress was organizationally weak
Peasants and Business class did not
participate in big numbers.
CDM
Objective was swaraj and
Complete Independence
Involved violation i.e. Breaking of
law.
Less Muslim participation.
Strong
Massive participation of peasant's
and business group's
 Chapter 18 - Government of India Act 1935
It provided for diarchy at the center and abolished it at the
provinces, but still key subject's like finance, defense, foreign
affairs were kept under the control of Gov Gen.

An All India federation was proposed in which Indian states were

to be awarded almost 40% of the seat's. Federation never came
into existence as the princely states did not join and refused to
participate.
A seventh schedule like situation was created 3 lists having
federal, provincial and concurrent subject's.
Gov general still had extra ordinary power's like restoring cut's and
grants certify bill's rejected by legislature, issue ordinances and
exercise his veto.
Autonomy to provinces-Derive their legal authority from British
crown and could borrow money on their own security.
40% of budget still not vatable.
A federal court was established at the center along with RBI.
It extended the communal representation to depressed classes (
SCs) , women and labor (workers) too.
The Government of India Act, 1935 gave further impetus to the
development of local institutions because now the popular
ministries controlled finance which was not the case under the
Government of India Act, 1919.
Note: Separate electorates were part of all three GoI Act's i.e. 1909, 1919 and
1935.

Intentions of the British behind the GoI Act 1935

Reform's would revive the political standing of liberal's,
moderates, princely states and independents who had lost public
support during independence.
It would highlight the futility of mass movement based extra
constitutional struggle.
 British hoped that once congressman tasted power they would not
go back to the path of mass movements again.
They wanted to placate, the rightwing of congress and crush the
leftwing.
They wanted to create powerful provincial leader's by giving
autonomy to the provincial govt's.
They wanted to placate the princely states by giving them 40%
representation in the upper house of federal legislature.
To weaken the bonhomie between INC and Burmese, nationalist
Burma was separated from India through this Act.
The 1935 Act was condemned by nearly all section's and unanimously
rejected by the congress. The congress instead demanded convening of a
constituent assembly elected based on adult franchise to frame a constitution
for Independent India. In early 1937, elections to provincial legislative
assemblies were announced and debate on future strategy to be adopted
began.
Everyone wanted to oppose the 1935 Act root and branch, but it was not clear
how to do it in the absence of a mass movement, thus a debate started on
strategy and most faction of congress wanted to fight these elections on the
basis of a detailed political and economic program, thus deepening the anti-
imperialist consciousness of the people.

Nehru, Subhash were opposed to office acceptance, but Gandhi though

initially opposed wanted to give it a try. In 1936 Lucknow and 1937 Faizpur
session Congress decided to fight these election's and postpone the decision
on office acceptance to the post-election phase
 Chapter 19 - 28 months of congress rule
Congress emerged as the largest party in Bengal, Assam, NWFP
and in most of the provinces.
It generated great enthusiasm in the people.
It boosted the morale of people as well as the prestige of the
congress.

Work Done

Political Reform's

It repealed emergency power's like public safety act and lifted ban
on political book's and Journal's.
Restrictions on press were lifted.
Police powers of CID were curbed.
Thousands of political prisoners mainly the revolutionaries were
released, (those not convicted for heinous crimes.)

Peasant's

Those involved in no-tax campaign during CDM their confiscated

lands were restored.
Congress ministries tried to reform the system of land revenue by
reforming the zamindari system and easing the burden of debt on
the peasant’s.
Due to lack of financial resources and its policy of class
adjustment complete agrarian reforms were not done.
The complex agrarian structure and complicated system of land
rights could not be solved in one shot.

Labor
Congress ministries tried to promote industrial peace by
establishing conciliation machinery and compulsory arbitration
before resorting to strikes.
The Bombay ministry appointed a committee which increased the
wages by about 1 crore rupees for the worker's there.
 Also govt passed industrial disputes act under which no strike or
lockout could occur for a period of four month's during which the
arbitration court will give it's award.
This was viewed by the communist and the socialist as a restriction
on the freedom to strike for the worker's. This led to clashes and
many a times section 144 was enforced to break up the strikes.
Gandhiji grew concerned about the increasing hostilities and asked
the communists to agitate, if at all in a peaceful and a non-violent
manner.
Dalits
Access to public spaces, temple entry, scholarship's for Harijan
student's and increasing the association of Dalit’s in police and
govt services.
Education.
Cong ministries paid attention to primary and higher education,
especially for girl's and Dalit’s.
Expenditure was increased on public health and sanitation.
Industry
Subsidies were given to Khadi spinning and village industries.
Modern ventures like automobile industry were also given a boost.
Evaluation of the congress rule
Many popular movt's clashed with congress rule like Kisan Sabha
Movt of 1936. Kisan sabha asked peasant's not to pay rent and
forcibly occupy the lands of land lord's. Under the leadership of
Sehjanand saraswati and NG Ranga , kisan sabhas acquired a
militant outlook with slogan's like lagaan lenge kaise danda
hamara zindabad and lathi mere saathi.
In 1938 in Bombay the AITU and Communist clashed with the
govt over the passage of Industrial disputes act, the police had to
open fire which led to death of two, this increased the animosity
between the worker's and congress ministries.
Opportunist's self-seeker’s and careerists began to enter the ranks
of congress at various levels.
 Casteism, communalism grew prominent.
Many of the congress ministers were liked by British.
Communal riots were handled under the congress ministries.
Congress ministries showed that the Indian's were capable of
ruling themselves in a civil manner.
Indian civil services started to believe that British rule was going
to end very soon.
No provincialism grew and provincial govt's resigned in 1939 as
soon as they were asked for.
Positives of Congress rule
Council work helped neutralize the erstwhile hostile element's like
landlord's etc.
Ministries could control communal riot's.
People were able to perceive the shape of thing's if independence
were to come.
Administrative work by Indian's weakened the myth that Indian's
were not able to rule.
Ministries resigned in 1939 after the outbreak of WW-II.
 Chapter 20 - World War-II and August Offer
Subhash Chandra Bose wanted to start a civil disobedience
movement after the outbreak of WW-II but he got no support from
congress leadership. He went to Kolkata to start CDM but he
gather's no support. The British govt jail's Bose on Jul 1940.
Congress was divided on the war issue. Gandhi was a loyalist to
the British and didn’t want to exploit their moment of weakness,
the socialist and communist viewed the allies and the axis power's
both as imperialist power's and were in favor of utilizing world
war-II to gain independence.
Nehru recognized the difference between allies and axis powers,
former as democracy and latter as fascist, but also knew that both
were imperialist in their interest.
Govt Response and Linlithgow statement.

The govt refused to define British war aim's beyond stating that
Britain was resisting aggression.
As part of future arrangement, it promised that 1935 act would be
modified to suit Indian demand.
Viceroy linlithgow unilaterally declared India as an ally on the side
of Britain and declared British War aim to resist aggression, this
led to congress ministries resigning in 1939. After 1939 the stature
of Muslim league grew as the British pandered to them and they
were able to cultivate grass root support.

Congress Response

No Indian support to War.

Congress ministries in provinces to resign.
But no immediate mass struggle to be launched.

August Offer 1940

Adolf Hitler wreaked havoc in Europe and captured Netherland,

France, Austria this scared the British, so they came to India with
August Offer.
Dominion status as the objective for India.
 Expansion of viceroy's executive council.
Setting up of a constituent assembly after the War where ''mainly''
Indian's would decide the constitution.
No future constitution to be adopted without the consent of
minorities.

Evaluation of August offer

First time Dominion status was explicitly proposed.

Admission for setting up CA for the first time.
Viceroy's executive council was enlarged to give Indian's a
Majority of 8 out of 12.
Chapter 21 - Congress Response to August Offer,
Individual Satyagraha and Cripps Mission
Congress working committee at Wardha rejected this offer as they wanted
complete independence now and not dominion status. Muslim league also
reject's as nothing short of partition will satisfy them. So, Gandhi in 1940
proposes Individual satyagraha as the mean's to protest against the British. In
May 1940, Gandhiji launches CDM through individual satyagraha’s, first
satyagrahi was acharya Vinoba Bhave, Second Jawahar Lal Nehru and third
is Brahma Dutt, Individual satyagraha is to be done by few individual's in
every locality. The aims of launching individual satyagraha were
To show that nationalist patience was not due to weakness.
To express people's feelings that they make no distinction between
Nazism and Double autocracy that ruled India.
To give another opportunity to the govt to accept govt demand's
peacefully.
The demand of satyagrahi would be freedom of speech against the
war against the anti-war declaration.

If the satyagrahi is not arrested, he/she would not only repeat it but
move into villages and start a march towards Delhi i.e. ''Delhi
Chalo''.
All of them were sent to jail's for violating defense of India Act
and by December 1940 Gandhi suspended the movement.
In January 1941, the campaign was started again and around 20
000 people were arrested.

Cripps India Mission (1942)

When in 1942 Japan captured Malaya, Singapore and Burma and attacked
pearl harbor. Britishers scared Japanese invasion into India and therefore they
sent Cripps mission
1. Because of the reverses suffered by Britain in South-East Asia,
Japanese threat to invade India seemed real now.
2. German invasion of USSR.
3. There was a pressure on Britain from allies like USA, USSR,
 China to seek Indian cooperation.
The communist and the socialist as a result of attack on USSR changed their
positions on the war issue. The CWC in December 1941 overrode Gandhi’s
and Nehru objection's and pass the resolution for full cooperation with the
British in the war if full Independence was given to India after war and
substance of power was transferred immediately.

In response to CWC resolution in March 1942 Cripps’s mission gave it's

proposal's which were
An Indian union with dominion status, it would be free to decide
it's relations with common wealth and free to participate in the UN
and other international bodies.
After the war a constituent assembly to be convened and member's
to be partly elected by provincial assemblies through proportional
representation and partly nominated by the princes.
Any province not willing to join could have a separate constitution
making body and a separate agreement with Britain.
Meanwhile Defense of India was still in the hands of gov general
i.e Britain and Gov. Gen powers were to remain intact.
Departures from past
Constitution making is now solely in Indian hand's and not mainly
in Indian hand's.
Option was available to any province to have a separate
constitution which acted as a blueprint for Indian partition.
Free India could depart from commonwealth.
Objection's to Cripps’s mission
No Dominion status wanted anymore.
Right given to provinces to secede was against national unity.
Representation of states by nominees and not by elected
representatives.
Absence of immediate plan for transfer of power.

Two very important points to note about all the missions were
1. None of the missions will accept the demand for Pakistan
2. Only cabinet mission will give full independence
 Chapter 22 - Quit India Movement
Reason's
Congress working committee at Wardha (July 14 1942) accepted
the idea of a struggle.
The failure of Cripps’s mission to solve the constitutional
deadlock.
Main Reason: Fall of Singapore and Andaman's on 12th March
1942, to the Japanese Army busted the myth of British
Invincibility. Gandhi wrote in 1942 that we cannot leave India to
God because in case of a Japanese Invasion there would be
complete lawlessness and it cannot be risked, he refused to accept
Japanese as liberators of India.
On 8th Aug '1942 Bombay Gowloia Tank he passed a resolution
for non-violence Civil disobedience.
On 9th August'1942 After the passing of the resolution most of the
national leadership was arrested. altogether. In absence of
leadership the protest took a violent turn.
Gandhi gave instructions to different sections of society and gave
the Mantra of Do or Die.
Fears of immediate collapse of British enhanced popular
willingness to give expression to discontent.
In the early hours of August 9'1942 in a single sweep, all the top
leaders of the congress were arrested and taken to unknown
destinations.
Movement
Student's responded by going on strikes and writing and disposing
illegal news sheet's and acting as courier's for underground
networks.
Underground Activity: Rammanohar lohia, JP Narayan, Aruna
Asaf ali, Usha Sharma, Biju Patnaik, Chhotubai Puranik. Usha
Sharma started an underground radio in Bombay. Underground
activity was meant to keep up the popular morale by continuing to
provide a line of command and guidance to provide arm's and
 ammunition's.
Parallel Govt's: a) Ballia (UP) under Chittu Pandey witnessed a
parallel govt for a week after which it was brought under govt
control. b)Midnapore from Dec 1942-Sept 1944 undertook cyclone
relief work and other development activities. c) Satara
(Maharashtra) from mid-1943-1945 under Nana-Patil, YB Chavan
organized prohibition campaign's and developmental work's.
J.Prakash Naraynan organized Guerilla warfare on India-Nepal
Border.
Some communists also participated.
Rajaji quit the Indian National Congress to oppose the movement.
Jawaharlal Nehru and Maulana Azad were apprehensive and
critical of the call, but backed it.
Active Help Provided by
Business man(Donation's), Student's(Courier’s), Simple villager's,
Train Driver's, Pilot's, Govt officials and Police.
Low Key Response By
Princely states
Muslim League, CPI, Ambedkar, Hindu Mahasabha didn't support
Quit India Movt instead Muslim league and Ambedkar supported
the raj in the council's and pushed for their own interest
Mass participation
Youth, Woman, Businessman, Worker's, Peasant's at the heart of
the movement and govt official's.
Quit India end's in 1943.

February 1943
Gandhi started a fast
March 1943
Pakistan day was observed.
Evaluation of Quit India movement
Quit India movement provided a boost to the Indian struggle but
 the absence of leadership turned the movement violent.
Absence of congress leadership in the council's as well as at the
grassroots gave space to reactionary forces to gain ground and
increase their base among the masses.
During the WW-II the country face several famines which were
caused partly due to irregular weather conditions and mainly due
to shortages created by war, mismanagement for food supplies as
food supplies were diverted to military.
Gandhi was in Jail and he did not led the QI movement.
Both peasants and Zamindars participated in the movement and
there was a complete absence of anti-zamindar violence.
Muslims participated and gave shelter to underground activists but
their participation was limited. Highest Muslim participation was
seen in non-cooperation/khilafat movement.
Government officials especially those from lower levels in police
and administration actively participated in the movement.

Famine of 1943

Worst affected regions were south west Bengal, Noakhali, Dacca, Faridpur,
Tippera. Around 1.5 to 3 million people perished in this basically man made
famine. The fundamental causes of this famine were as follows.
The need to feed a vast army diverted foodstuff's.
Rice imports from Burma and southeast Asia had been stopped.
Famine got aggravated by gross mismanagement and deliberate
profiteering.

C. Rajgopalachari Formula (March 1944)

Muslim league to endorse congress demand for Independence.
League to cooperate with congress in forming a provisional govt at
center.
After war, entire population of Muslim Majority areas in North-
East and North-West to decide by plebiscite whether or not to form
a separate sovereign state.
Jinnah objected as he wanted only Muslim population and not the entire
population of Muslim majority state to form Pakistan.

Wavell Plan

Although the war in Europe came to an end in May 1945 Japanese

threat remained. There was pressure from the allies to seek further
Indian cooperation in the war.
The idea was to reconstruct the governor general executive council
pending the preparation of a new constitution. For this purpose, a
conference was convened by the viceroy, Lord Wavell, at Shimla
in June 1945. The main proposals of Wavell’s plan are as follow's

Recommendation

If all the Indian political parties would agree to help the British
war effort, then the British Government would introduce
constitutional reforms in India after the war.
The Viceroy’s Executive Council would be immediately
reconstituted and the number of its members would be increased.
In the Council, there would be equal representation of high-caste
Hindus and Muslims.
Other minorities including low-caste Hindus, Shudders and Sikhs
would be given representation in the Council.
All the members of the Council, except the Viceroy and the
Commander-in-Chief, would be Indians. (So, no equal
representation Of Indian's and British, rather Indian's were more)
An Indian would be appointed as the member for Foreign Affairs
in the Council. However, a British commissioner would be
responsible for trade matters.
The defense of India would remain in British hands until power
was ultimately transferred to Indians
The Viceroy would convene a meeting of Indian politicians
including the leaders of Congress and the Muslim League at which
they would nominate members of the new Council.
If this plan were to be approved for the central government, then
similar councils of local political leaders would be formed in all
the provinces.
 None of the changes suggested would in any way prejudice or
prejudge the essential form of the future permanent Constitution of
India

Objection of Muslim League

Jinnah refuse to accept any plan in which INC can appoint any
Muslim representatives, i.e He want's Muslim League to be the
sole representative of Muslim's of Entire India.
The league wanted some kind of veto in the council where
decision's opposed to Muslim’s would need 2/3rd Majority.
Objections of Congress
They were opposed to it being projected as a purely upper caste
Hindu Party.

Wavell announced the breakdown of the plan as there was no consensus

between INC and League. So Wavell plan end's in 1945.
Note: It did not propose for immediate setting up of constituent assembly.
It proposed for new constitution once the war is won.
Chapter 23- Indian National Army, INA Trials and
RIN ratings strke
First Phase

INA was first conceived in Malaya by Captain Mohan Singh in

Malaya, an Indian officer of British Indian Army when he decided
not to join the retreating British Indian Army rather asked the help
of Japanese to form the Indian National Army. Japanese handed
over Indian prisoners of War to Mohan Singh who tried to recruit
them for INA. By the end of 1942, around 40000 men were ready
join INA.
INA intended to go into action only on the invitation of Indian
National Congress.
INA was seen by many as a Bulwark against the Future Japanese
occupation of India.
When the Japanese were planning the invasion of India the
differences emerged between Japanese and INA over the role to be
played by INA. Due to differences with the Japanese who were
only prepared to treat INA as a subsidiary force rather than an
allied force, Mohan Singh was removed from command and put
under arrest.
Second Phase

Bose arrived in Singapore in July 1943.

In 1940 he developed differences with Gandhi.
In Imphal1941 he escaped from India where he was under House
Arrest and approached the Russian leaders for help against Britain.
In 1941 Soviet Union joined war in support of Allies (Britain), so
bose went to Germany and from there to Japan in 1943. He asked
Japanese for an armed struggle against British rule.
When in July 1943 he reached Singapore, he was assisted by Ras
Behari Bose, Indian prisoners of war from Burma, Malaya,
Singapore.
Bose took control of INA and got assurances of equal treatment
 from the Japanese, in October 1943 he established Azad Hind
Govt (Provisional free Indian Govt) which were recognized by
Japan and 8 other govt's including Germany and Italy.
Even woman regiment's allied Rani of Jhansi regiments were
raised.
In July 1944 bose asked for Gandhi's blessing's over India's last
war of Independence.
One INA battalion was allowed to accompany Japanese Army to
the Indo-Burma front and participate in Imphal Campaign. Here
discriminatory treatment by Japanese, which included being
denied ration's and arm's and being made to do menial work for the
Japanese unit's, completely demoralized the INA unit's.
Failure of Imphal campaign and steady Japanese retreat thereafter
quashed any hopes of INA liberating India.
But when Indian Prisoners of war were brought back to India after
the war to be court-martialed a powerful movement emerged in
their favor.

INA Trial's
In July 1945 labor Party formed the government in Britain and
Clement Attlee took over as the new PM.
In Sep 1945 it was announced that a constituent assembly would
be convened after the election's and the govt was working as per
the spirit of the Cripp's offer.
British initially decided to hold Public trials of several hundreds of
INA prisoner's besides dismissing them from service and detaining
without trial around 7000 of them.
The first trial was held at red fort at Delhi in Nov 1945, and that to
together of a Hindu (Prem Kumar Sehgal), Muslim (Shah Nawaz
Khan) and Sikh (Gurbaksh Singh Dhillon).
Support for INA prisoner's
In the first post WW-II session of 1945 at Bombay, a strong
resolution was adopted declaring Congress support for INA cause.
Defense of INA prisoner's in court was organized by Bhulabhai
 Desai, Nehru, Tej bahadur sapru, Asaf Ali etc.
Fund collection was organized.
INA agitation was landmark and unprecedented on many count's.
It got wide publicity by daily coverage in NP's, holding public
meetings and celebrating INA day.
The support campaign had very wide geographical reach (UP,
Punjab, Delhi, Calcutta, Assam and Baluchistan) and got support
of diverse political groups and parties.
Various sections of society from tongawallas to filmstar's pooled
contributed to INA funds.
All major political parties supported it from Muslim league to
Congress and Hindu Mahasabha, Sikh league etc.
Man, of the armed forces were unexpectedly sympathetic they
attended meeting's, received those released and collected funds.
With each day, it took India v/s Britain color.
Three Upsurges as a result of INA trial's. In winter of 1945-46
1. Nov, 1945-In Calcutta over INA trial's.
2. Feb 11'1946-In Calcutta over 7-year sentence of INA officer
Rashid Ali.
3. Feb 18'1946-In Bombay- Strike by Royal Indian Navy Rating's.

RIN Rating's strike

1100 Naval ratings of HMIS Talwar went on strike to protest
against Racial Discrimination (demanding equal pay for Indian
and White Soldier's), Unpalatable food, Abuse by Superior
officer's, Arrest of Rating's for scrawling quit India on HMIS
talwar, INA Trial's, use of Indian troops in Indonesian demanding
their withdrawal.
Rebellious rating's hoisted Tricolor, Crescent and Hammer, and
Sickle Flag's on the mast of the rebel fleet.
Other Rating's soon joined in and they went around Bombay in
lorries holding congress flags threatening European's and
Policemen.
 Crowds brought food for the rating's and shopkeepers invited them
to take whatever they want.
Followed by rating's, there were strikes also by Royal Indian Air
force in Bombay, Poona, Calcutta etc.
Patel and Jinnah persuaded the ratings to surrender on February 23
with an assurance that national parties would prevent their any
kind of victimization.
Later a Maratha Battalion in Bombay rounded up the Rating's and
restored them to their barrack’s, so the British were soon able to
control the situation.
Evaluation
Fearless RIN strike was an expression of militancy in popular
mind.
Revolt in armed forces had a great liberating effect on popular
mind.
Revolt by armed forces was seen as an event marking the end of
British rule as finally as the Independence Day.
The revolts by armed forces showed communal unity.
Congress did not officially support them because of their tactic's
and timing.
Cabinet Mission was sent to India as an effect to them.
Gandhi did not support the mutiny of rating's.
Chapter 24- 1945 Election's to Indian Independence
Act

1945 Elections
Congress won 91% of non-Muslim vote and captured 57 out of 102 seats in
the central assembly.
In Provincial Assemblies Congress got majority in most provinces
except in Bengal, Sindh and Punjab.
In Central assembly ML got 86.6% of the Muslim votes. It
captured 30 reserved seats in central assembly.
In provincial assembly, it got majority votes in Bengal and Sindh.
So, ML clearly established itself as a dominant party among
Muslim’s.
Cabinet Mission

Three British Cabinet member's Pethick Lawrence (Secretary of state,

Stafford Cripp's and A.V Alexander were sent to India to find out ways and
means for a negotiated, peaceful transfer of power to India. The mission
reached Delhi on March 24 1946

Reason's
RIN Mutiny.
Pressure by USA and USSR (UK is no longer a super power) after
WW-II.
Labor party in UK has come to power which is sympathetic to
Indian cause.
British soldiers were war weary.
The British recognized that further delay may result in a QIM type
violent uprising.
Demonstration amongst even the Bureaucracy and the loyalist
section's.
The British wanted a United and Friendly India and an active
 partner in the defense of commonwealth.
Objectives
Decide for interim govt's.
Devise a machinery to draw the constitution for Independent India.

Recommendation's
There shall be an undivided Union of India.
Rejection of Demand for a full-fledged Pakistan.
All members of Interim cabinet would be Indian's.
Formation of constituent assembly on democratic principle.
Elected by provincial assemblies by proportional representation.
All subject's other than union subject's and all residuary power's to
be vested with the provinces, i.e. a Federal Government.
Provincial legislatures to be broken up into three sections.
Princely states free of British Paramountcy, and are free to join
successor govt's.
Three tier executive and legislature at the provincial, section and
union level's.
They compulsorily grouped provincial assemblies into three
group's
Section A
Madras, UP and Bihar and Orissa.

Section B
Punjab, Sind NWFP and Baluchistan

Section C
Bengal and Assam.
The provinces in the groups were free to draw a separate
constitution in group's and then jointly decide the union
constitution.
After 10 years, general elections in provinces will take place and
provinces can ought to come out of their grouping's and call for
 reconsideration of the union constitution.

Reaction's to Cabinet mission

Congress: They were against the idea of weak center and wanted
election's to be held immediately not after 10 year's.
Muslim league reject's cabinet mission, because Pakistan has been
rejected and calls for Direct action day on 16th Aug'1946. As a
result, there were communal riot's at an unprecedented level, worse
hit areas were Calcutta, Bombay, Noakhali, Bihar and
Garhmukteshwar (U.P).
Interim Govt

Congress Dominated Interim govt was sworn in on September 2'

1946 headed by Nehru.
The league joined the govt and L member Liaquat Ali Khan made
the finance minister, but league obstructed the working of interim
govt and was in govt only to fight for Pakistan.
ML boycotted first meeting of CA on 9th Dec 1946.

Cabinet Mission rejected the demand for Pakistan on the

following grounds
1. It would not solve the problem of communal
minorities.
2. It would be injurious to disintegrate the
transportation as also the postal and telegraph
system of India.
3. To divide the armed forces of India would entail
the gravest dangers.
4. Princely States would find it difficult to join one
or other Union

Atlee Statement
British PM Clement Atlee gave a statement in February 1947.
 30th June 1948 was decided as the deadline for transfer of power,
even if Indian politicians had not agreed by that time on the
constitution.
Power will be transferred to provincial govt's if constituent
assembly is not fully formed i.e. if Muslim league did not join. So,
indirectly here Atlee does not have a problem with partition. As in
North West and North East provinces ML was in power.
British power's and obligation's vis a vis Princely states would
lapse with transfer of power, but these would not be transferred to
any successor govt in British India. So here they are favoring
Balkanization of country in small unit's.
Mountbatten would replace Wavell as viceroy.
So, the statement has clear hints of Balkanization and Partition of country
into small unit's and was in essence reversion of Cripps offer.

Mountbatten Plan, June 3 1947

V.P Menon Suggested to Mountbatten transfer of power based on

grant of dominion status.

Punjab and Bengal Legislative assemblies would meet in two

groups, Hindus and Muslim's, to vote for partition. If a simple
majority of either group voted for partition, then these provinces
would be partitioned. i.e Punjab and Bengal to be divided into two
group's one of India and one of Pakistan.
In case of partition, two dominion's and two constituent assemblies
would be created.
Sindh would take its own decision.
Referendum in Sylhet and NWFP would decide the fate of these
areas.
Independence of princely states ruled out they would either join
India or Pakistan.
Independence of Bengal ruled out
Accession of Hyderabad to Pakistan ruled out, Mountbatten
 supported congress on this.
15th August 1957 were to be set as date of Independence.
A boundary commission under Sir Radcliffe were appointed to
delimit India and Pakistan.
Because of Mountbatten plan Punjab and Bengal were divided into two and
east Bengal and west Punjab Joined Pakistan. Referendum in NWFP, Sind
and Baluchistan came out in favor of Pakistan. Sylhet in East Bengal joined
Pakistan.
So, Mountbatten plan met the requirements of both Congress and Muslim
League (ML) as for ML Pakistan is created and to douse the congress making
of Pakistan is kept as small as possible. So, Mountbatten formula was to
divide India but to retain maximum unity.

Why congress accepted the partition?

Lucknow pact laid the genesis or sowed the seeds of implicit
congress acceptance of Muslim league as the sole representative of
Muslim’s as in Lucknow they accepted separate electorates and
there after Muslim league increased its stand.
1945 elections provided the culmination of the idea that the ML
solely represented Muslim Interest.
After direct action day in 1946 communalization reached
unprecedented levels and there was no turning back.
The British completely abandoned their responsibility of law and
order.

Indian Independence Act 1947

On 18th July 1947, the British Parliament ratified the Mountbatten

plan as the Independence of India Act 1947.
The Act provided for the creation of two Independent dominions
of India and Pakistan with effect from 15th August 1947. Each
dominion was to have a governor general to be responsible for the
effective implementation of the act.
The constituent assembly of each new dominion was to exercise
the powers of legislature of that dominion, and the existing Central
legislative assembly and the council of states were to be
automatically dissolved.
For the transition period, till the new constitution is adopted for
each dominion, the govt of the two dominions were to be carried
on in accordance with the GoI Act 1935.
As per the provisions of Indian Independence Act 1947, Pakistan
became independent on August 14 while India got its freedom on
August 15 1947, MA Jinnah became the first gov gen of Pakistan,
India however decided to request Lord Mountbatten to continue as
the gov gen of India.
Indian Economy
 Chapter I: National Income
GDP (Gross Domestic Product)
It is the total of goods and services produced within the territory of India.

GNP (Gross National Product)

It is the amount of goods and services produced by Indian's anywhere in the
world
GDP= GNP - (Foreign / Net Income from Abroad)
or
GNP = GDP - Produced by foreigner's in India + Produced by Indian's in
foreign.
Growth is increase in quantity while development is increase in
thinking, knowledge etc. Growth is seen while development is felt
by the people.
GDP shows only growth in economy and not development.
GDP growth mean's economic output in one year.

GDP at Constant prices

To calculate GDP at constant prices GoI (Govt. of India) takes a base year
into consideration for calculating the prices of the commodities and based on
that base year it calculates the growth in GDP year after year.
GDP at Factory Cost
It is GDP without factoring in taxes and subsidies on products
GDP at Market Price
It is GDP at Factory Cost – Subsidies + Taxes
Nominal GDP
In 2014-15 GDP of India was Rs 10657000 Cr. When it is divided
by the exchange rate which is dollar. i.e 10657000/60 = $ 2000
Billion we get Nominal GDP. It reflects both the changes in prices
and quantities of goods and services produced in an economy
Real GDP
It is GDP adjusted to inflation.
Purchasing power parity
Meaning and Concept
Eg - McDonald's Burger in India = Rs 100, In US = $ 4.5 = Rs
270, therefore Rs 100 has purchasing power of $ 4.5
So like Burger all the products and services collectively e.g.
Burger, Laptop etc., there is a purchasing power parity conversion
factor which in India now is 0.35 and which can change year after
year.
So if GDP is $ 2000 billion. GDP as per PPP basis is $2000/0.35=
$ 5714 billion. This will provide a good measure for comparing
economies.
As per PPP we are the third largest economy of the world after
China and US.
PPP provides a better way to compare between the countries.
 Chapter II: Banking and Finance
RBI function’s through two acts
1. RBI Act 1934
2. RBI banking regulation act 1949.
RBI has
1. Governor
2. 4 Deputy governor's
3. HQ of RBI are in Mumbai, initially HQ were in Calcutta.
4. RBI additionally has 19 regional offices.
5. Main work of RBI is to provide monetary policy i.e Determination
of interest rates, Controlling inflation and Promotional and
developmental functions of RBI.
Functions of RBI
It provides banking facility to central as well as state govt's.
RBI represents India in various meeting's in IMF.
RBI also handles the borrowing program of govt of India.
RBI print's currency in the economy, Rs 2 and above are printed
by RBI but Rs 1 note and all coins are minted and printed by Govt
but circulated by RBI.
As per the section 4 of the Indian Coinage Act 2011 Govt of India
can mint a coin upto 1 thousand Rs.and the highest denomination
of note that can be printed by RBI is 10,000.
RBI issues currency on the basis of minimum reserve system
under which it keeps a backing of 200 crore out of which 115 crore
worth of gold and 85 crore worth of foreign govt security.
RBI is the banker to the banks and it is the guardian of banking
system and money market.
RBI is the custodian of foreign exchange reserve and is the sole authority to
manage it. It uses two methods to control the credit provided by commercial
bank:

1.Quantitative methods
2.Qualitative methods

1. Quantitative methods:
(Method adopted by RBI to limit the quantity of money provided by
commercial banks to customers)

a. Bank rate
b. Cash reserve ratio (CRR)
c. Statutory liquidity ratio(SLR)
d. Repo and reserve repo rate
e. Marginal standing facility scheme(MSF)

2. Qualitative methods:

a. Rationing of credit
b. Variation in margin requirement
c. Limiting loans for consumption purpose
d. Moral Suasion
e. Direct action

Publication of economic and statistical information:

RBI collect's periodical economic and statistical information, relating to

different aspects of economy and publishes periodical report's. This provides
valuable information regarding the functioning of economy.

Quantitative Method's

a. Bank rate:

It is a rate at which the central bank of a country

provides rediscounting /refinancing facility to the commercial banks in a
country.
This rate at present is 8.25% and it can change from time to time.
It means RBI gives money to commercial banks at 8.25%.

This rate has been aligned to the Marginal Standing Facility rate and
therefore it changes automatically as and when MSF rate changes alongside
policy repo rate changes.
RBI increases the Bank Rate in time of inflation and decreases it in time of
recession.
Penal rates are linked to Bank Rate, if the bank does not maintain
required levels of CRR and SLR, then the RBI can impose penalty
on such Bank's, currently Penal Rate is Bank Rate + 3%.
Now a day's Bank Rate is not used as a tool to control money
supply, rather repo rate is used.
Rediscounting (Discount here mean's returning loan)
When GoI (Government of India) after 10 year's return money to
SBI it is called discounting of Bond's.
But RBI discount's it after 2 years, so this is called rediscounting
(by RBI).
Refinancing
It is financing of SBI by RBI before GoI finance RBI, therefore
it’s called refinancing.

b. CRR (Cash Reserve Ratio)

CRR is that ratio of the total net demand and time liabilities ( which are the
total deposits of the bank), which a bank has to keep with the central bank of
the country in cash. The current CRR is 4%. When CRR increases, it is called
as tight monetary policy and when CRR decreases it is called as liberal credit
policy. For e.g. For CRR is 4 %, if a Bank receives RS 100 as Deposit it has
to keep Rs 4 with RBI without any interest.

c. SLR (Statutory liquidity ratio)

SLR is that ratio of the net demand and time liability of the bank in India
which a bank has to maintain with itself at any given point of time in the
form of liquid assets such as cash, gold and govt. securities. It is at present
21.5% and can change from time to time. The purpose of maintaining this
ratio is that on one hand it enables the GOI to borrow from banking system
(easiest way for GOI to get finance) and on the other hand to have enough
cash so as to run the bank.

This system is only in India it is sole innovation of RBI. They have to keep it
with bank itself and every fortnight (14 days) every bank has to send a report
of maintaining SLR and CRR.

SLR is there so that the GoI can borrow from commercial bank's for
developmental work, as just by keeping with themselves Bank's will get no
interest, but if they are giving securities to GoI under SLR they will get 7-
8%.

Several committees has suggested dismantling SLR like Narsimhan

Committee, Urjit patel committee. If it is removed borrowing money for GOI
will become difficult (Keep yourself updated with Newspapers).

d. Open market operation (OPO)/ Repo and Reverse Repo rate / LAF
(Liquidity adjustment facility):

OMO are the operations conducted by central bank of the country from time
to time under which it keeps on buying govt. securities from banks and
financial institutions and keep on selling to banks and financial institutions.
It generally sells govt. securities in time of inflation and it will generally buy
govt securities in the time of recession.
Repos are essentially a short-term auction exercise conducted by RBI in India
since 1992 which so as to even out the short term fluctuations in the money
market. Thus instead of tampering with the bank rate which may affect the
entire interest rate structure of the economy, RBI frequently adopts
repurchase options so as to keep control of the short term fluctuations of
demand and supply of credit and money in the market. The Repo means
injection of liquidity by RBI through govt bonds from banks with an
agreement to sell them back at a fixed rate. While reverse repo means
absorption of liquidity by RBI through borrowing funds from banks or
financial institution.

After Oct 2013 RBI is doing repos of different tenures such as 7/14/28 days.

If RBI feels that there is too much money in the economy which can lead to
inflation it may resort to repo auctions so as to absorb excess liquidity in the
economy, on the other hand if it feels that there is shortage of liquidity in the
market then RBI resort to reverse repo auctions to inject liquidity in the
market. The current rate of repo is 7.25% and reverse repo rate is 6.25%.
e. Marginal Standing facility scheme
It is the facility by which scheduled commercial banks can borrow
additional amount of overnight money from the RBI by dipping
into their SLR portfolio upto a limit currently 2% of their Net
Demand and Time Liability deposits at a penal rate of interest
currently 100 basis points above the repo rate.
This provides a safety valve against unanticipated liquidity shock's
to the banking system. MSF rate and reverse repo rate determines
the corridor for the daily movement in the short term money
market interest rate.
It is a liquidity adjustment facility window created by RBI in 2011,
under this commercial banks are able to borrow from RBI
overnight funds against the approved govt securities.
But now the question is that banks are able to borrow from RBI at
repo rate than why MSF, this window was created for emergency
situations when interbank liquidity dries up completely and there is
a volatility in overnight interest rates. So the purpose of MSF is to
reduce volatility in overnight lending rates. The rate of interest in
MSF is above 100 bps above repo rate.

Qualitative Methods used by RBI

a. Variation in margin requirement

It means that RBI may instruct banks from time to time to raise margin on
loans for essential commodities so as to prevent hoarding, speculation and
black marketing. For e.g. A wheat trader may take a loan from bank against
his wheat crop of Rs 20 lakh against which say a bank will give him a loan of
Rs 16 lakh at a margin of 20%. The trader may use this fund to buy more
wheat which thereby may create a shortage and therefore he may indulge in
hoarding and black marketing, this means that bank loan has helped him to
speculate. In such a case RBI may direct banks to raise margin to 60-70 % or
above, so that the capacity of trader thus get reduced.

b. Regulating loans for consumption purpose

Under this measure, the RBI regulates and limits loans given by banks for
consumption purpose and would like to direct more of credit for productive
purpose, as it may fears that that too much consumption may fuel inflation.

c. Moral Suasion (Persuasion and pressure)

It is a combination of persuasion which a central bank is always in a position

to use on bank in general and errant banks in particular. This is exercised
through discussions, letters, speeches and hints thrown to bank.

d. Direct action

Under direct action RBI may take punitive action against those banks which
continue to defy moral advice of the RBI and function against the RBI and
depositor's interest. Such measures may be in the form of charging a penalty
rate of interest, refusal to refinance and even extreme steps of placing
moratorium on banks and ultimately canceling the banks license to operate.

Moral suasion and direct action can be used both for qualitative and
quantitative control of credit. In quantitative it can be by RBI to urge banks to
keep a large proportion of their assets in the form of govt. securities and lend
their helping hand to develop a broad an active market in govt. securities and
not borrow excessively from central bank when it is engaged in fighting the
forces of inflation.
COMMERCIAL BANKS:

Paid up Capital

Banks which we deal on a day to day basis are in fact technically called as
scheduled commercial bank. A scheduled commercial bank is a bank which
is listed in the second schedule of RBI ACT, 1934, according to which such a
bank must satisfy the following 2 conditions:
1. It must have a paid capital of Rs 5 lakh. It must function in the
interest of depositors.
2. In scheduled commercial bank (SCB) enjoys the patronage of RBI
while a non-scheduled commercial bank does not.

Banking License:

In Feb 2013 RBI invited various corporates of India to apply for a banking
license. In total 27 corporates of India applied for bank license. The 2 major
requirements to apply for license were:

a. The initial minimum paid up equity capital for a bank shall be Rs. 5
billion.
b. The promoter/ promoter group should be financially sound and have a
successful track record of running their business for at least 10 yrs.
Out of these 27 applications only 2 banks were able to get the license i.e.,
1.Bandhan microfinance.
2.IDFC Ltd.

Small banks and Payment banks:

Small Bank

1.Small Bank can accept all types of deposits like a commercial bank- saving
deposits, current deposits, FD etc.

2.They can give out depositor's money as loan to other customers but the area
of operation will be small. These banks will be opened under Indian
companies act, 2013. The main target customers of these banks will be micro,
small and medium enterprises(MSMEs), unorganized workers, small and
marginal farmers.
To apply for a small bank license the minimum paid up capital should be
more than 100 crore and 10 yrs of experience in banking or co-operative
sector. Small bank must have 25% of their branches in rural areas and 50% of
the loans should be given to MSME sector.

Payment bank

The payment bank can take only deposits only on Current and Savings
account and no FD (Fixed Deposits). They cannot provide credit facility.
NRIs cannot open their account. But they can issue debit cards. They can’t
give loans but they can invest depositor’s money in government securities.
Although they are allowed to sell mutual funds, insurance policy, pension
products etc, to earn commission on them.

To start a payment bank 100 crore rupees worth of paid up capital is required.
Indian post, corporate houses, telecom company and retail chains can apply.
These companies can start a payment bank after having a joint venture with
any commercial bank. The max. balance/ customer will be Rs 1 lakh

BASE RATE:
It is the minimum interest rate of a bank below which it cannot lend, except
in the cases allowed by the RBI. It replaced the BPLR system (bench mark
prime lending) from 1st July, 2010. As per the RBI guidelines following
people can be priced below base rate:
1.(DRI advances) Differential Rate of interest advances
2.Loan to bank's own employees.
3.Loan to bank depositors against their own deposits.
Money at call and Short Notice/Call Money:

It implies bank transactions on a day to day basis. In other words, it implies

banks borrowing and lending among each other on a day to day basis i.e. a
bank short of funds on a particular day is borrowing from another bank which
has surplus amount. The rate of interest on this day to day borrowing lending
is called as call money rate.

Causes of bank nationalization:

For development in economy saving have to be increased so that more loans

can be provided. But savings in India are only about 820 crore. This amount
of savings for economic growth are very less because we no more have faith
in these private companies as East India company came and ruled the entire
nation. So govt thought if banks will come under the control of GoI then
people will start trusting and deposit their money.
Because of these efforts by 1991, savings reached Rs 1 lakh 92 thousand
crore.
By nationalization GOI forced these banks to open its branches in rural areas.
These will generate more employment opportunities and poverty will be
reduced.

CAUSES:

1.To mobilize larger savings by infusing confidence that bank belongs to

govt. (deposits with the banks in 1950's was Rs 820 crore and in 1991,
savings reached 1 lakh 92 thousand crore).
2.To reduce gross inequalities of income and to reduce concentration of
economic power
3.To spread banking throughout the length and breadth of the country and
penetrate deeper into the rural areas.
4.To convert banking from class banking to mass banking
5.To ensure that banks act as an agent of social change and welfare in the
economy
6.To make banks as an engine of growth whereby they will provide loans for
productive purpose and not for consumption purpose
7.To develop a pool of professional bankers
The 22 year period from 1969 to 1991 of nationalized banking saw radical
transformation of the banking industry with several positive achievements
like fast multiplication of bank branches with more than 50 % setup in rural
areas, a shift to priority sector lending, fast increase in the productive loans
amount and fulfilling the concept of mass banking. As a result of fast branch
expansion, avg. population. serve by a bank branch came down from 63,800
in 1969 to less than 14,150 in 1991 (12,600 in 2012). Banks also started
diversifying their activities like mutual fund, offshore banking, venture
capital etc. However, simultaneously several negative features and
developments start affecting the banking industry so much that in 1991, 14
banks out of 20 nationalized banks were on the verge of collapse.

These adverse developments in banking industry are as follows:

1.Very high SLR and CRR (38.5% and 15%)

2.40 % of mandatory ceiling of priority sector lending.
3.Over staffing were eating directly in the profitability of the bank.
4.Total disregard of the customer services
5.Total disregard of transparent balance sheet/ credential norms/ provisioning
norms/ capital adequacy norms.
6.High degree of politicization.
7.Rampant practice of loan waivers and loan melas
8. Indiscriminate branch expansion

It is these serious developments and shortcomings of the banking industry

which promoted the govt. to set up a committee on financial reforms i.e.,
Narsimhan committee

SARFESI ACT, 2002(Securitization and RECONSTRUCTION OF

FINANCIAL ASSETS AND ENFORCEMENT OF SECURITIES
INTERESTS ACT 2002)

Under this act bank's can sell any collateral without prior permission of court.
It is a landmark legislation for the banking sector because it enables the bank
to reduce their NPS (Non performing assets) by adopting measures of
reconstruction.

CIBIL (CREDIT INFORMATION BUREAU INDIA LTD)

It is India's first credit information company founded in Aug, 2000. CIBIL
collects and maintains records of a individual's payments pertaining to loans
and credit cards. These records are submitted to CIBIL by member banks and
credit institutions on monthly basis. This information is then used to create
credit information reports(CIR) and credit scores which are provided to credit
institutions in order to help evaluate and approve loan applications. Since its
inception CIBIL have come to play critical role in India's financial system.

BASEL

(BIS : Bank of Switzerland)

Basel is a place in Switzerland where bank for international settlement is

situated and the world's major banks are members to it. BIS issues norms
regarding capital adequacy. There are 3 imp. functions of Basel accord
1. Min. capital requirement
2. Supervisory review of capital adequacy
3. Market discipline
In India all the banks who have foreign branches and all Indian banks who
have branches in foreign countries have to comply with Basel accord. RBI
has issued directives under which Indian banks have to follow the Basel 3
norm from 1st April 2013 and will be fully implemented by 31 March, 2019.

Capital Adequacy ratio

Is a ratio that ensures stability, soundness and strength of any financial
institution and ensure that it is able to withstand with reasonable degree of
losses. This ratio is given in terms of total unimpaired capital fund/total risk

Money supply and monetary aggregates:

RBI takes stock of money supply in India from time to time on the basis of
monetary aggregates adopted by it.ie M1, M2, M3
M1 is known as narrow money supply and M3 is known as broad money
supply
The aggregates now being used are the revised aggregates based on the
recommendations of Y.V Reddy committee. The equation expressing each of
these are as follows.
M1 (pure liquid) = Currency and coins with the public + Demand deposits
issued by the banks+ other deposits with the RBI(this is CRR) [Money that
we are having in our hand]

M2 (semi liquid upto1 year) = M1+ time liability portion of the demand
deposits+ certificate of deposits issued by the banks+ term deposits with the
banks maturing within and upto 1 yr.

M3 = M2 + term deposits maturing after 1yr + call/term borrowings by the

banking system [All the money that we are having long term short term
deposits].
 Chapter III: Industry and Public Sector
The output of an economy can be classified into Primary (through natural resources),
secondary(manufacturing), and tertiary(services) sector.

In case of India
Agriculture sector accounts for 17% output.
Industry sector accounts for 31% output.
Services sector 52% output.
This distribution is very similar to high income developed economies but a important feature is that
59% depends on Agriculture.
21% depends on Industry.
20% depends on Service Sector.
Thus, in India the sector contributing the maximum has the least amount of dependence and the sector
which contributes the least has the maximum amount of dependence. In most other countries as the
share of agriculture goes down in Economy the economic dependence also goes down (i.e. less people
doing agriculture) but in India it is opposite. This pattern show that India does not have inclusive
growth.

Process of Industrialization in a country

As economy develops, there is a need for industrial sector to accelerate overall growth of
the economy it is through this that most of the Countries today have acquired the status
of Industrialized nations like US, UK, Japan, South Korea etc.
The industrial sector can be seen as

1. Basic Industry (Steel, Cement, Aluminium, Zinc etc).

2. Capital good's sector (Machinery).
3. Intermediate good's (Tool’s, Dyes spare part's etc).
4. Consumer goods (Which are also called as white good's, Car, TV, Fridge, AC etc).
In the initial stage and to initiate the process of industrialization the government has to focus on Basic
and Capital goods, which create the demand for the intermediate and consumer goods, their growth in
turn creates demand in the basic and capital good's which eventually becomes a cycle in the process of
industrialization.
The basic and capital good's sector are highly capital intensive, technology intensive, have long
gestation period (time between investment and production), high breakeven point (profit occurs after a
long period of time).

The process of Industrialization in India was initiated during the 2nd FYP also called as Mahalanobis
Model which is a top down approach (emphasis on heavy industries). This model was advocated on
similar lines as those run by developed countries during their process of Industrialization. The large
need of economic resources and technology compelled the GoI to took over the responsibility of
industrialization through the public sector, this was not a matter of choice but a matter of compulsion
given the need and absence of private sector to handle such an enormous responsibility and thus the
Public sector was born in India.
Types of companies
 Departmental Statutory Government Companies registered under
Undertaking's Coorporations Companies societies registration Act
Railway's AAI (Airport SAIl CSIR
Post authority of India) GAIl ICAR
AIR FCI (Food BHEl ICMR
Door Darshan Coorporation of ONGC
India) BALCO

Advantages of Public Sector

To build a self-reliant economy
Reduce concentration of private economic power.
Establish sound economic infrastructure.
Setting industry in backward region's and helping in regional development.
Spread the benefits of industrialization.
Invest in areas where private sector would not invest like road's, Transport and so on.
There are about 240 PSU today.
Some important features of industrial policy 1991

All the policies before 1991 were highly biased for public sector with as many as 17 areas reserved
exclusively for the public sector, even in the remaining areas govt in the interest of the economy can set
up a public-sector unit. The remaining areas were opened for private sector but subject to a strict
licensing policy and registration process before the commencement of business. The industrial sector
thus was highly regulated by the govt. Prices of the industrial products like steel, cement, aluminum
etc. were controlled by the govt. All the policies mentioned India as a mixed economy which was more
of a philosophy and intention rather than the reality because of the given controls on the private sector.

The MRTP Act of 1969 (Monopoly and Restrictive Trade Practices ) brought the concept of MRTP
companies, which are those companies having asset's more than Rs 100 Crore, because the act believes
that as the company may grow in size it can resort to unfair trade practices and consumer exploitation.
All activities of such companies came under the scanner of the govt.
The govt's role was that of a regulator and producer in the industrial sector. All the policies favored
reservation for small scale sector and also a role for village and tiny industries. Overall the policies
prior to 1991 have the dominance of public sector, a strict licensing system for private sector and
administered price mechanism.

Industry Policy (1991)

The industrial policy of 1991 started the process of economic reforms in Indian Economy, which was
also known as policy Liberalization, Privatization and Globalization.
The 1991 policy freed the Indian Industry from the strict bureaucratic control's, Licensing raj, Inspector
raj etc. The focus of Indian industry changed in terms of giving more room to the private sector in
terms of operation's, focus shifted on competition, stress on efficiency was given, market forces were
allowed to fix prices as per the market forces, role of the public sector was changed, liberal foreign
investment policy was provided etc. All in all, the 1991 policy provided the policy regime that foster
and facilitates the growth of overall Indian Industry.
1991 policy has five broad areas
1. Licensing system.
2. MRTP Act (Monopoly in restrictive trade practices Act)
3. Public sector
4. Foreign Investment
5. Foreign technology agreement.
Licensing System
Under this all the industrial licenses and registration formalities were dismantled except for a negative
list (areas reserved for public sector and small scale industries) and a company licensing for the
following sector's.
1. Drug's and Pharma
2. Explosives
3. Hazardous chemical's
4. Wines, spirit's and Cigarettes
Restricting the above, all areas were open for private sector without the need of any license and this is
called as end of licensing raj and permit raj.
The licensing system also brought in the concept of “Broad Banding” which is allowing the companies
to manufacture it's product mix in their existing product's depending upon market conditions without
any prior approval.
All expansion of capacity has now been placed in an automatic route which in the earlier policies
require prior approval. In this way 1991 policy marked the beginning of increasing role of private
sector and for the first-time mixed economy character has begun to show as a transformation
philosophy into reality.
Public Sector (Important aspect of 1991 policy)

DE reservation: The seventeen areas reserved for public sector were reduced to 5 i.e.
Atomic Energy, way's, Certain mineral's and Certain mineral oil's (now only three i.e.
Railway's, Atomic energy and Certain Mineral's.
Withdrew them from commercial and other areas like hotel's, Bakery, Cycles etc.
Strategic Sale: PSE is sold to a strategic partner who buy's majority equity (more than
51%) and takes over management.
All future investment's in the public sectors would be in the existing unit's and areas
reserved for public sector.
No further nationalization would take place unless until there would be a dire need to do
so.
Public sector's role would be changed from commanding rights to supportive role to the
private sector.
Board of Director's were constituted for PSU's and people with expertise and competence
were inducted, political appointments were reduced to the extent possible. Board of
directors were empowered to take decision in the interest of PSU's without referring to
the parent ministry.
For the first-time U-turn was taken from investment in PSU's to Disinvestment and
 privatization of PSU's.
Top 5 profit making companies of GoI ONGC, Coal India Ltd, NTPC, IOL, NMDC.
Loss making BSNL, Air India, Hindustan petro film's Ltd, Hindustan Cables Ltd.
PSE's (Public Sector Enterprise) 2015
In 2015, there are 248 PSE's (excluding 7 insurance companies) with total market share
of 6 66 848 Crore.
A large no of CPSE's are set up as greenfield (new project's).
Sector Company
Petroleum Coal India Ltd, NMDC.
Power Generation NTPC, NHPC
Power Transmission Power Grid Corporation of India Ltd
Heavy Engineering BHEL
Storage and PDS FCI, Central Warehousing Corporation.
Telecommunication's BSNL, MTNL.
Aviation Hindustan Aeronautics’ Ltd, Air India Ltd

CPSE's contribute to govt by way of Dividend Payment, Interest on Govt Loan's, Taxes
and Duties.
Disinvestment
Disinvestment is reverse of investment. When a Public-sector company is formed as a
public limited company, shares are issued and held by the GoI. In disinvestment the
shares that are held by the govt are sold to the open market to public but maintain the
ownership level up to 51% in the company or even if govt hold's less than 51% share,
rest of it is sold to various institution's or individuals none of whom holds more share
than govt to take over the management.. The main objective behind this is to raise
resources to the govt.'
If the govt sells a chunk of equity 26% or 51% to a buyer he is called strategic buyer as
he takes over the management of the company.
Difference b/w Privatization and Disinvestment: In Privatization govt sells more than
51% shares of the company to the public, with the intention of transferring ownership to
the public that mean's all privatization mean's disinvestment but all disinvestment does
not lead to privatization in the company. Lately GoI had privatized many companies like
MALCO (Madras Alumnia Company Limited) to Vedanta Resources, VSNL ( Videsh
Sanchar Nigam Ltd) sold to TATA Communications Ltd. BALCO (Bharat aluminum)
sold to Vedanta.
DCF Model (Discounted cash flow): Fixing the price of shares of is done on the basis of
DCF model, it is a method of valuing the business today based on the stream of its future
profit's or cash flows.
ETF Route: GoI is considering ETF route for selling share of state owned firm's as part
of steps to meet the disinvestment target. Divested shares can make a part of ETF which
can be traded on exchange.
Board for reconstruction of PSE (BRPSE)
 GoI is committed to strong and effective Public Sector.
The recommendations of the board are advisory in nature.
BRPSE advises the govt on the strategies, measures and schemes related to
strengthening, modernizing, reviving and restructuring of public sector enterprises.
It comprises a Chairman, Three non-official member's, three official members’ and three
permanent invitees.
Navratna and Miniratna Companies

1. Navratna
Economic reform's subject the PSE's to market competition. Globalization makes the competition more
intense, to perform in such condition's and to have a level playing field with private player's navratna
package was introduced that gives autonomy to PSE's.
It was introduced in 1997. It granted enhanced autonomy to nine selected PSE's. THese were IOC,IPCl
ONGL, BPCL,, HPCL, NTPC, SAIL, VSNL and BHEL. Many more CPSE were made Navratnas later
there are 17 now (2015).

Navratnas have the freedom to

1. Incur capital expenditure. Navratna status allow it invest 1000 Cr, i.e 15% of Net Worth
on a single project without seeking govt approval . Overall ceiling on such investment's
in all project's put together is 30% of the net worth of the company.
2. Decide upon joint ventures.
3. Set up subsidiaries office's abroad.
4. Enter into technological and strategic alliances.
5. Raise funds from capital market's (international and domestic).
6. Enjoy substantial operational and managerial autonomy.
7. Induction of non-official part time director's.
Status of Navratna

GoI have a quantitative system to confer the status of Navratna. Every PSE must score 60 out of 100 on
the listed 6 parameters’. Additionally a company must first be a miniratna and must first have four
independent directors on its board.
1. Net Profit to Net worth.
2. Total manpower cost as a percentage of total cost of production.
3. Profit before depreciation, Interest on taxes on Capital Deployment.
4. PBDIT on turnover
5. Earnings per share
6. Inter-sectoral performance.
2. Miniratna

Miniratna status company can also enter into joint ventures, set subsidiary companies and overseas
offices but with certain condition. There are two types of Miniratna
Category 1: Have made profit's continuously over last 3 years and made a profit of 30 Cr
or more in one of the 3 year's. They can incur expenditure without GoI approval upto 500
Cr or their net worth whichever is lower.
 Category 2: Have made profit's over the last three years and should have positive net
worth. Bharat Pump's and compressor's Ltd was added late in 2010.
3. Maharatna

Have average turnover of 25000 Cr, average annual net worth of 15 000 Cr and average annual net
profit of Rs 5000 Cr during the last three year's. Should be a Navratna firm, should be listed on Indian
Stock Exchange with minimum prescribed public shareholding under SEBI. Objective of Maharatna
Scheme is to empower mega-CPSU to emerge as global giant's
Board does require GoI permission for investment's upto 5000 Cr.
Eg Coal India Ltd, BHEl, OIC (Indian oil Corporation), ONGC, SAIL, NTPC Ltd

Govt Corporation’s
It mean's govt unit is recognized along business lines.
They focus on maximizing profits and achieving favorable return on investment.
National Investment Fund (NIF)

In January 2005, GoI decided to constitute a national investment fund into which the realization from
the sale of minority shareholding from the govt profitable shareholding would be channelized. This
fund was to be maintained outside the consolidated fund of India. NIF will be professionally managed
to provide sustainable returns to the government. The use of the fund was to be provided for the
following purpose.
1. 75% of income from find would be used for investment in social sector project's which
promote education, healthcare and employment.
2. Capital investment in selected profitable and revivable CPSE's. That yield adequate
return's to enlarge their capital base, to finance expansion and diversification.
Reform's in Management of PSE's
Autonomy of PSE's: By giving Maharatna, Navratna and Miniratna status.

Professionalization of PSU boards: By inducting non-official director's and reducing

govt director’s.
 Chapter IV: Foreign Investment, Foreign Trade
and Balance of Payment's
BOP (Balance of Payment's)
It is a record of transaction maintained by RBI under the following three head's or BoP can be broken
down into
Balance of trade: It mean's balance of dollar's after meeting imports and exports of
goods. In India balance of trade is adverse since independence till date.
Balance of Invisibles: Invisible term in international trade reefers to services, So BOI is
balance of dollar’s after import and export of services and non-factor income received
(Remittances). BOT and BOI are together known as balance of current account which
could be in surplus or deficit. CAD and FD are known as twin deficits, both are believed
to be necessary evil but CAD is believed to be more sensitive as it would require
borrowing's in a foreign currency, whereas FD can be met through printing new currency.
Balance of Capital account: Transaction's other than import and export of goods and
services and non-factor income (remittances) i.e. Foreign Investment's, Loan's and
Borrowing's and Changes in foreign exchange reserves.

So, BOP which is a combination of above three can be manipulated by borrowing money from other
countries etc., but CAD if positive gives permanent money to the government. The true health of
economy on external front is seen through the balance on Current Account rather than the overall BOP.
Convertibility of Rupee
Convertibility reefer’s the freedom of the holder of domestic currency to freely convert it into any
other foreign currency. The larger the scope of convertibility that is permitted by a country, the stronger
and more resilient it's economy is said to be. No country grant's full convertibility, restricts it for certain
purposes and excluding certain other purposes. For e.g.
Current Account/Trade account convertibility: It is freedom to convert domestic
currency into foreign currency and vice-versa for the purposes of export's and import's,
payment due to interest on loan's, remittances, travel, education etc.
Capital account convertibility: Convertibility for investment and borrowing abroad.
Full convertibility in capital account mean's freedom to convert rupee into foreign currency and vice
versa for both current and capital account purposes with least restriction's. That means there should be
100% FDI and FII across all sector's more or less and there should be very liberal outflow's i.e. Indian's
can invest abroad and borrow from abroad. Full convertibility is gradually being introduced in India as
reforms began. We have virtual capital account convertibility for foreigner's and NRI's for investing in
India and taking out profit's in FDI, FII and Bank Deposit's etc. but for Indian resident's limits still exist
on how much they can invest abroad. Indian companies also need RBI permission to borrow funds
from abroad for designated purposes. These controls are being slowly relaxed.

Convertibility has 3 dimensions

1. Freedom to convert.
2. Convert at market rate.
3. Removal of restrictions for conversion on current and capital account.
Advantages of convertibility:
Foreign capital for investment: As India need's huge resources to upgrade its
infrastructure, domestic saving's alone are not enough.
Unhindered access to foreign funds would allow Indian companies to take over firm's
abroad and developing more Indian MNC's in the process.
FII flows can increase liquidity and modernize our financial sector.
Creates competition for our domestic player's.
Indian's would have a wide range of choice for investment and borrowing.
Fears of convertibility are:
Full convertibility could be destabilizing as global financial crisis shows.
Domestic interest's in retail market are hurt.
Rupee can be subjected to volatility, it not being a hard currency.
Prerequisites for fuller convertibility
Fiscal Deficit should be minimal.
Forex reserves should be adequate.
NPA's of Bank's should be minimal.
Inflation and interest rates should be moderate.
Restriction's in convertibility
1. Money earned through game shows, Racing, Lottery and Betting.
2. All payment's in foreign exchange to Indian Artist's abroad.
3. Travel to Nepal and Bhutan can take only $10 000 in a year and in case of Rs no limit but
has to be Rs 100 note.
4. Maximum 5 lakh's Rs of gift sending outside of the country.

Foreign Investment
Foreign Investment can be of two types FDI and FPI
1. FPI (Foreign portfolio investment)
It means that Foreign Investor merely invests in the stock market of a foreign company by way of
buying shares of various companies with the intention of making capital gain and leaving the country
after having made capital gains. In this way, it's a short-term investment. FPI is of 3 types.
1. FII’s ( SEBI register's companies as FII's after checking their credential's.)
2. ADR's and GDR's.
3. NRI's.
4. FII’s(Foreign institutional investment's): Registered by SEBI by way of foreign mutual
fund, venture fund etc.

ADR's and GDR's: This implies that Indian companies going to US and European
markets to sell their shares in the respective stock market'. Subjected to permission given
by SEBI and regulator of respective country.
Through NRI's.
As per the given restriction's regarding FPI in India, an FII may invest in the capital of India under the
portfolio investment scheme which limit's the individual holding of an FII to 10% and the aggregate
limit at 24% for all the FII's. This limit can be increased to 49% but after having prior permission of
RBI.
In case of NRI's the individual limit is 5% and aggregate limit is 10%.
FATF (Financial Action Task Force)
FATF is an intergovernmental organization founded in 1989 on the initiatives of G7. The purpose of
FATF is to develop policies to combat money laundering and terrorism financing. The FATF secretariat
is housed at the headquarters’ of OECD in Paris or a member of a group which is a member of FATF.
(i.e. group is member of FATF).
Qualified financial investor(QFI's)
QFI's should include individual’s, group's or associations who is

1. Resident in a country i.e. a member of FATF.

2. Resident in a country (i.e. Signatory of IOSCO (International organization of securities
commission, MMOU( Multilateral memorandum of understanding) it's headquarters’ are
at Madrid Spain and has 182 member's) or a signatory of a bilateral MoU with SEBI.
They can invest in - Mutual funds, equities and corporate debt.

2. FDI (Foreign direct investment)

According to RBI, FDI in India includes the following 3 kinds of investment
1. Equity inflow (i.e. Incorporating a company under the company Act as a joint venture or
a wholly owned subsidiary, i.e. the total capital which the company is investing in India).
2. Other type of capital. (Debentures raised from Indian people, debentures are later
converted to shares of the company instead of returning money.)
3. Reinvested Earning. (Profit earned by foreign company when reinvested in India).

Sector Limit Route

Petroleum 49% Automatic
Green Field Airport 100 ''
Helicopter Sector 100 ''
Tea Sector, Including 100 Govt Route i.e. FIPB
Plantation
Banking 74 Upto 49% Automatic after FIPB (That is RBI
permission required.
Insurance 79 FIPB (IRDA permission required.)

For rest i.e. 100-49 the foreign company has to find a Indian Partner.
Note:
Green field project: New project starting on ground.
Brown field project: Reorienting old project.

FDI in India is permitted through following 3 routes 1) Automatic route 2) FIPB route 3) Investment's
made by NRI's and overseas corporate bodies.

1. Automatic Route: It means that a foreign investor can straight away bring its capital in India and
inform the RBI within 30 days, and within next 30 day's regarding issuing of shares to the regional
office of RBI. The ministry of commerce and industry have laid down a comprehensive list of those
sector's and industries where a foreign investor can come through a direct route. Not only this., for each
sector and industry sectoral cap has been notified which is up to 26%, 49%, 51%, 74% and 100%.
2. Government Route: It means that there are certain sector's and industries which does not come
under the first route, in which a foreign investor can invest only with the prior approval of FIPB headed
by secretary to GoI Dept. of Economic Affair's, Ministry of finance set up in 1992. There are other
bodies also FIIA(Foreign implementation investment authority), to facilitate quick translation of FDI
approval's into implementation and FIPC to undertake vigorous investment promotion and marketing
activities. FIPB is a body of bureaucrat's while FIPC is a body of professional's or expert's whose main
job is to target sector's where FDI can be attracted, thus showing India as a perfect investment
destination.

Areas where FDI is not permitted

1. Including private lottery and online lottery etc.
2. Gambling and betting including casinos etc.
3. Chit fund/Ponzi schemes- Sharda Scam.
4. NIDHI companies (People club money from which they can raise loan's).
5. Real estate business and construction of farm houses.
6. Manufacturing of cigar's, Cherul's, Cigarret's and Cigrol's of tobacco and tobacco
substitutes.
7. Activities not open to private sector investment like Atomic Energy and Railway's (other
than permitted activities in railway's).
8. Trading in Transferrable Development Right's.

Benefits of FDI
1. It brings much needed capital and investment.
2. It help's in capital formation by bringing fresh capital.
3. It brings in latest technology.
4. Increase in tax revenue.
5. It can boost infrastructure development.
6. It can generate a good amount of employment opportunities.
7. It help's in improving balance of payment.
8. It provides healthy competition.
Demerits
It can threaten political sovereignty.
Cut throat or tough competition.
 They may bring in obsolete or outdated technology.
Escalation of land and property prices.
Lack of control on part of govt as these companies work as a wholly owned subsidiary of
foreign company.
Adoption of cowboy approach i.e deliberately tying up with domestic companies.
Indulge in transfer pricing practices
Transfer pricing practices
Under this a foreign company operating in India import's technology from it's parent company, thus
benefitting the parent company and implying outflow of foreign exchange.
Having done this show's high cost of production, low profit and low or no taxes. However some of the
criticism may be true even today most of it had been taken care of by India's FDI policy guidelines
formed for the first time in 1997, importantly a foreign investor cannot bring in outdated technology
and as foreign investment is coming from different countries there is a competition for it.
What attracts FDI in India

1. Cheap and skilled labor.

2. Huge market
3. Relatively streamlined legal procedures.
What detracts Foreign Investment in India
1. Rigid labor market.
2. Poor Infrastructure.
3. Various bureaucratic hurdles.
4. Delay in project approval's.
What India expects from foreign investor's
1. Technology.
2. Capital.
3. Export's.
4. Investment in sector's which provide greater or necessary linkages.
5. Employment.
6. Reduction in property.
7. Limiting regional imbalances.
Ranking in terms of FDI inflow's from various countries
1. Mauritius 46%
2. Singapore 13%
3. UK 9%
4. Japan 7%
5. Netherlands 6%
6. USA 6%
7. Cyprus 3%
Sector wise Investment
1. Service Sector (Both Finance and Non-Finance) =17%
 2. Construction and Development like Township Housing, Built up infrastructure (10%).
3. Telecommunication's (7%)
4. Computer Hardware and Software (6%).
5. Drug's and Pharmaceutical's (5%).
6. Automobile Industry (5%).
Statewide Ranking
1. Maharashtra (29%)
2. Delhi NCR 20%.
3. Tamil Nadu 7%.
4. Karnataka 7%.
5. Gujrat 4%.
6. Andhra 4%
7. West Bengal 1% etc.
Least FDI , Bihar received only 267 million $ FDI in last 15 years.
Jammu and Kashmir received only 26 million $ FDI.

FERA (1973) and FEMA (1999)

The FERA Act was passed in 1973 and came into force on 1st Jan'1974.
In 1999 FERA was replaced by FEMA which liberalized foreign exchange control and
restrictions on foreign investment. FERA consists of 81 section's while FEMA has 49
section's.
FEMA has brought a new management regime of foreign exchange consistent with the
emerging framework of WTO. Violation of FERA was a criminal offence whereas
violation of FEMA is a civil offence.
2 golden rules or principles in FEMA are

1. Current account transactions are permitted unless otherwise prohibited.

2. Capital account transactions are prohibited unless otherwise permitted.
FDI restrictiveness Index
OECD (Organization of economic cooperation and development prepare this index. It is
a developed country's group).
This index was started by OECD, it was formed in 1960 and originally it has 20
members. India wants to be a member of it but at present India is not a member.
Under this ranking are provided to various economies on the basis of following 4
parameters.

1. Foreign equity limitation. (i.e. 49%, 51% etc.).

2. Screening or approval mechanism.
3. Restriction on employment of foreigner's 10as key personnel.
4. Operational restriction's.
5. Rankings are provided to economies on the scale of 0-1, where 0 mean's completely open
economy and 1 mean's completely closed economy. India's score in 2001 was 0.273
Multilateral Investment Guarantee Agency (MIGA).

It's a member of World Bank group and it provides guarantee of investment to the foreign
investor, operating in a country against Terrorist's, Naxalites, Communal Violence and
other risk's.
India became a member of MIGA in 1990's so that it gave confidence to foreign investors
about their security.

Tobin Tax and Hot Money (Hard currency are Euro, Dollar, Pound, Yen which are acceptable at
global level.)
Hot Money
It refers to a term used in financial market and refers to the flow of fund from one country to another to
earn short term gains on interest rate differences or anticipated exchange rate differences.
Tobin Tax
It was advocated by Nobel laureate James Tobin, in the mid 70's as a tax that should be imposed on
portfolio investment i.e. Cross border inflows to prevent them from becoming hot money.
Thus, such a tax would bring about stability and reduce destabilizing effect on foreign portfolio
investment because outflow of such capital leads to stock market crash.

Benefits of FDI in Insurance

Increased insurance penetration: In India, it is about 5.1% which is expected to be
increased by certain point's by increasing the FDI limit from 26 to 49%.
Level Playing field
Increased capital inflows.
New job creation in market
Favorable to pension sector
More customer friendly countries.

EPCG Scheme

As per the foreign trade policy of 2013. EPCG scheme allows imports of capital goods at 5% custom
duty subject to export obligation equivalent to 8 times of duty saved on capital goods imported under
EPCG scheme in 8 years from authorization issue date. In case of agricultural unit's import of capital
goods at 0% custom duty shall be allowed. However, in respect of EPCG licenses, duty saved of Rs
100 Cr or more, the same export obligation shall be required to be fulfilled over a period of 12 year's.
Foreign Exchange rate determination
Exchange rate determination play's a very important role in an economy because it is one of the major
sources which affects the trading capacity i.e. Imports and Exports of the country.
In India after the independence RBI fixed the amount of Rs to be offered against the pound sterling and
afterword’s to US dollar and then to a basket of currency till the 1990's. In this period, RBI resort to
devaluation i.e. an act of central bank of country to deliberately offer more home currency to a foreign
currency. Devaluation help's economies to increase export's as they become cheaper and discourage
import's as they become costlier. RBI resort to major devaluation between 1966 and 1991.
Then as a part of new economic policy reform initiated in 1991, rupee was made partly convertible
from March 1992 onwards under the liberalized exchange rate management scheme in which 60% of
all receipts on current account could be converted freely into Rs at market determined exchange rate
quoted by authorized dealer while 40% of them was to be surrendered to RBI at the official exchange
rate. These 40% exchange receipts on current account was meant for meeting govt need's for foreign
exchange and for financing imports of essential commodities thus partial convertibility of Rs on current
account meant a dual exchange rate system.
The partial convertibility of Rs on current account was adopted so that essential imports could be made
available at lower exchange rate to ensure that their prices do not rise much.

Market Determined Exchange rate/Floating Exchange rate

Exchange rate determination by market forces is done through demand and supply of foreign currency
in the domestic economy. At any given point of time, there is a demand for $ (through import's,
borrowing's, tourism etc.).
The demand for dollars would be less if more rupees have to be paid and more if less rupees have to be
paid.
Similarly, there would be supply of $ in the domestic market coming from remittances from NRI's,
FDI, FPI, NRI Deposit's, Tourism etc. A seller of USD would sell less if lesser amount of Rs are being
received and more if more Rs are being received.
The point of intersection of these two curves will determine the exchange rate. As both the demand and
supply are independent of each other, it is impossible to predict exchange rate and neither there can be
optimal market determined exchange rate, the movement of exchange rate will depend upon demand
and supply factor's.
A certain surge in the supply of dollar's through any source like remittance, borrowing's, FDI etc,
would increase the supply of $ and create excess supply over demand of USD thereby making the rupee
appreciate and offering lower home currency to a USD and USD than depreciate (getting less Rs to
USD), this makes export's expensive and import's cheaper and thereby reducing export's and increasing
import's.
To prevent this RBI buy's USD and creates an artificial demand and raises exchange rate to the pre-
increased supply level. Any act of purchase of USD by RBI would release Rs in the domestic economy
raising liquidity and creating inflationary pressure.
In such circumstances the RBI would simultaneously go for reverse repo action's for taking excess
money due to the purchase of USD and if successful it is said to have done ''sterilization of the
economy''.
The reverse repo auctions for such liquidity is done through the market stabilization scheme, which had
a balance every year provided by RBI as per market condition. For e.g. in 2013-14 it was Rs 500
billion. The liquidity created out of the domestic factor is done through a facility called Liquidity
Adjustment Facility (LAF).
Any act of purchase of USD would thus involve an element of choice b/w export competitiveness and
inflationary pressure (as it may not be possible to achieve sterilization all the time.)
This is to be known as ''prisoner's dilemma''. Where RBI can manage either of the one and not the both.
Intervention currency
It is the currency under which GoI is providing it's account's in India it is USD.
REER, NEER and Export's
Any intervention by the central bank of a country in a market determined exchange rate is referred to as
dirty float globally. Such intervention by RBI in India is referred to as ''Managed Float'' in a market
determined exchange rate. It may thus be more appropriate to all as ''Managed market determined
exchange rate.''
At a broader level export competitiveness should be seen as in the context of changes in trading
partners, which is better captured through REER (Real effective exchange rate). The REER is an index
of volume of trade with respective exchange rate adjusted for inflation across six major trading partners
i.e. USA, UK, EU, Japan, Hong Kong and China.
The Base Year of REER is 2004-05 and as long as Index is within the level of 95-2005 it can be said
that India's exports are competitive even though it has appreciated against the USD.
The other tracing mechanism for long term export competitiveness is through NEER (Nominal
effective exchange rate) which is also like REER but has 36 trading partner with no adjustment for
inflation. RBI looks at movements of REER and NEER as a measure of export competitiveness rather
than movement of $ and Rs.
Moreover, long term export competitiveness should be seen more in product diversification. Quality,
Product Sophistication and exploring new market's rather than through exchange rate movement.
In the recent times Rs Depreciated in India because of decreased export's and increased imports of
Indian economy that in general should be beneficial for exporter's and risky for importer's but due to
unfavorable outlook at the global level that does not benefitted India. In devaluation of currency it is
seen more as a way to encourage export's and discourage import's, while depreciation is seen more with
erosion of faith in home currency and could eventually lead's to ''currency crisis'' situation which is a
complete erosion of faith if not controlled.
In this scenario GoI decided to do certain reform's like increasing limits of FDI in certain sector's,
giving more incentives to exporter's in the new foreign trade policy of 2015-20, started make in India
program to attract foreign investment in India etc. and most important is that India has started looking
for Broadening at export market by looking at different nation's.
 Chapter V: World Bank
The World Bank (WB) Group is family of five international organization's that give loan's generally to
poor countries. The bank came into existence in 1945 after international ratification of the Bretton
woods agreement's. Its headquarters are in Washington. It is an international organization owned by
member governments. Technically WB is part of UN, but it's governance structure is different. Each
institution in WBG is owned by member govt's which subscribe to its basic share capital, with votes
proportional to shareholding.
Membership to the group gives certain voting right's that are same for all countries but there are also
additional votes which depend upon financial contributions to the organization.
A country has to first join IMF before it can join WB.
WBG is responsible for development of ‘'World Development Report''.

The WB's (i.e. IBRD and IDA) activities are focused on developing countries in field's
such as Human Development, Agriculture, Rural Development, Infrastructure and
Governance (Developing anti-corruption institution etc.).
IBRD and IDA provides loans at soft rates and longer maturity to member countries and
grants to poorest countries.
Loans of IFC include investment in the private sector,
MIGA provides loans for insurance.
1. International Bank for Reconstruction and Development (IBRD)
It focuses on middle income and credit worthy poor countries, it's original mission is to finance the
reconstruction of countries devastated by World War II. Now it's mission has expanded to fight poverty
by means of financing states. It raises it's fund's from the world's financial markets.

2. International Development Association (IDA)

It was created in 1960 and is responsible for providing long term interest free loan to the world's 80
poorest countries. Repayment time for grants and credits is 35-40 year's. It's funded by contributions
from the governments of its richer member countries. Fund's also come from IBRD and IFC income
and loan repayments. Donors met every three years and replenish IDA funds.

3. International Finance Corporation (IFC)

It's a member of WBG and it promotes private sector investment in its member countries, particularly
developing countries as a way to reduce poverty and improve people's lives. It's Headquarters’ are in
Washington DC. India is one of the founding members of IFC. India represents IFC's single largest
country exposure.
In 2014 Masala Bonds were issued in offshore capital market's by IFC. These will be offered and
settled in US dollars to international investors for infrastructure development in India. IFC will covert
bond's proceeds from dollars to rupees and use the rupees for private sector investment in India.

4. Multilateral Investment Guarantee Agency (MIGA)

MIGA is member of the WBG. It was established to promote FDI in developing countries. MIGA is
HQ in Washington and India is a member. Its main objective is to provide guarantee of investment to
the foreign investor against noncommercial risks and losses e.g. Loss of foreign investor's plant and
property etc. due to terrorist’s activity like Naxalites in India, communal violence etc.

5. International Centre for Settlement of Investment Disputes (ICSID)

India is not a member of ICSID. It provides facilities for conciliation and arbitration of investment
disputes between member countries and individual investor's.
India and the World Bank
From the very beginning India is one of the biggest borrowing nation from WB.
India is one of the 17 countries which met in Atlantic city in June 1944 to prepare the
agenda for Bretton Wood's conference and one of the 44 countries which signed the final
agreement that established the Bank. In fact, the name IBRD was first suggested by India
to the drafting committee.
In India WB fund is everywhere from basic needs of water, education, health etc. to the
technological infrastructure and economic need's like dam's, road's and risk management
and electricity etc.
IDA provides Low cost and stable financing which matches Indian investment need's.
IDA loans are provided for 0.75% p.a and have maturity periods of 35 years.
IBRD loans are primarily used for infrastructure development.
As on 30th June 2015 the total net commitment's stood at 25.264 billion USD across 114
project's(737 till now completed). Project's like eastern dedicated freight corridor, India
enhancing teacher effectiveness in Bihar, Telangana rural inclusive growth project and
MSME growth innovation and inclusive finance project, National cyclone risk
management project, Jhelum and Tawi flood recovery project etc. are currently in
operation with the finance extended by WB.
 Chapter VI: International Monetary Fund (IMF)
Bretton Woods Institution's

The UN Monetary and Financial conference, commonly known as Bretton Woods was
held in Bretton Wood's New Hampshire USA to regulate the international monetary and
financial order after the conclusion of World War II.
The conference resulted in the agreements to set up the International Bank For
Reconstruction and Development (IBRD)- popularly known as WB and IMF.
IMF was set up to foster monetary stability at the global level while IBRD was created to
speed up post war reconstruction.
The two institutions thus are known as Bretton woods twin's.

International Monetary Fund (IMF)

IMF is a UN specialized agency, established in 1944 under Bretton Wood's agreement. It

has 188 members’ which include 187 UN member's and Republic of Kosovo. It has HQ
in Washington DC. It has 188 members’ (2015), started functioning in 1947.

Objectives of IMF

To promote international monetary cooperation.

To facilitate balanced growth of international trade for the economic growth of all
member countries.
To promote exchange rate stability, maintain orderly exchange rate arrangements and to
avoid competitive exchange rate revaluation.
To help member's in times of balance of payment crisis.

Work of IMF

1. The core responsibility of IMF is to provide loans to member countries experiencing

balance of payment crisis. The financial assistance allows countries to rebuild their
international reserves, stabilize their currencies, continue paying for import's and restore
conditions for strong economic growth while undertaking policies to correct the
underlying problem's. Unlike development banks IMF does not lend for specific object's.
2. The IMF provides countries with technical assistance and training in its area of expertise.
3. IMF also plays an important role in fight against money laundering and terrorism.
Quota and SDR's

Quota:
The resources to the IMF fund come from the quota subscription's or membership fees paid by IMF's
member countries upon joining. Each member country contributes certain amount of money
proportionate to its economic size and strength. To purchase this quota each country is required to pay
25% of its quota subscription in SDR and remaining 75% in their own currency.
So, IMF is more like a credit union whose members have excess to the common pool of resources to
assist them in the time of Need. The adequacy of these resources is reviewed every fifth year.
SDR (Special Drawing Right's):
Its value is based on the value of four key international currencies i.e. Dollar, Euro, Yen and Pound.
SDR's can be exchanged for national currencies. SDR is neither a currency nor a claim it is a potential
claim on freely usable currency of IMF members. Holders of SDR's can obtain these currencies in
exchange for their SDR's. The value of SDR's is set dynamically against a basket of currency consisting
of Euro, Japanese Yen, Pound Sterling and US Dollar. The basket composition is reviewed every five
years. China want's Yuan included.
IMF Borrowing Arrangement's

Though quota subscriptions of member countries are the main source of financing for IMF, IMF can
supplement its resources through borrowing if it believes that resources might fall short for member's
need's.
Thought the general arrangement's to borrow(GAB) and the new arrangement's to borrow(NAB), a
number of member countries and institution's lend additional fund's to the IMF.

India and NAB

India funded financially stricken Europe, marking a dramatic role reversal from 20 years ago when it
went knocking on the doors of IMF to avert a balance of payment crisis. India gave $10 bn in 2012
during the Mexico summit of the G-20 for the Eurozone crisis.

IMF loan Instrument's

1. Poverty reduction growth facility (PRGF): Concessional loans to low income countries.
2. Exogenous shocks facility (ESF): Policy and Financial support to low income countries
facing global shocks.
3. Stand by arrangement(SBA): For members with very strong policies.
4. Extended fund facility(EFF): To help countries face long term Balance of payment
problem's.
IMF Publication's

1. World Economic Outlook: Analysis of global economic development.

2. Global financial stability report. IMF and Conditionalities
When IMF provides loans to a country it also suggests some economic reforms that in social and
human terms are damaging in return. For e.g.
Cutting Subsidies.
Scrapping priority sector lending.
Opening the country at a fast pace to FDI.
Reduce Fiscal Deficit.
Downsize Government.
Follow Privatization.
Criticism is reforms suggested are same for all countries irrespective of the cause of the crisis.
Reasons for reforming the IMF
1. I follow one size fit's all policy i.e. it gives same recipe for all ill's.
2. Condition's that go with its loans.
3. IMF Managing director is invariably from a European country and India and other
emerging markets are demanding that it should not be geographically confined and be
 merit based. IN 2011 BRICS issued a statement that the head of IMF should be on the
basis of professional expertise and knowledge and not on convention basis because it
undermines the legitimacy of IMF.
4. India wants more voting rights as an emerging economic power.
5. IMF failed to predict global recession in 2008-09 let alone prevent it.
India and IMF

India and IMF have had a friendly relationship which had been beneficial for both. The IMF has
provided India with loans over the year's which has helped India in times of BOP crisis.
India joined IMF in 1945 as one of its original member's.
India has subscribed to IMF's Special data dissemination standard. Countries belonging
to this group make a commitment to observe the standard and to provide information
about their data and data dissemination practices.
Though India is not a frequent user of IMF resources, IMF credit has helped India in 81-
82 and in 91-93.
The relationship between IMF and India has grown strong over the year's. The country has turned into a
creditor to the IMF and has stopped taking loans from it. (We lent 10 bn $ in 2012 Mexico G20
summit.)
 Chapter VII: General Agreement on Tariffs and
Trade (GATT) and WTO
General Agreement on Tariffs and Trade (GATT) and WTO
GATT is an agreement arrived in 1947 by 23 countries to establish a free and fair trading
regime among member countries based on dismantling of Trade Barrier's, Tariffs or Non-
tariff restriction's like quotas. It came into existence in 1948 and India was its founding
member. Eight rounds were held under GATT, eighth round was Uruguay round (1986-
94) and WTO was set up in that round. WTO came into existence in 1995.

WTO was set up with 6 major issues or settlement's, concluded among member nation's
which was the result of what was popularly called as ''Dunkel Draft'' as the consensus
draft was prepared by the director general of WTO Arthur Dunkel. The draft was made
into ''Marrakesh Treaty'' as it was signed in Marrakesh Morocco. WTO is HQ in Geneva
Switzerland.
WTO has 161 members last being Seychelles in 2015.
GATT is Different from WTO in two ways.
1. GATT is a treaty while WTO is an organization.
2. GATT had no dispute settlement process while WTO has.
World Trade Organization
WTO was setup with six major issues or settlement's, concluded among member nation's
which was the result of what was popularly called as ''Dunkel Draft''.
WTO Dunkel Draft had agreement's on
1. Promotion of free trade in goods.
2. General agreement o trade in services.
3. TRIMS Trade Related Investment measures i.e FDI and FPI.
4. TRIPS Trade related intellectual property rights (Patent's, Copyright’s, Trade Mark’s,
Industrial Design's, Geographical Indicator's).
5. Multi fiber Agreement.
6. Agreement on Agriculture (Market Access, Patenting in Agriculture, Subsidies in
Agriculture (Green Box, Blue Box, Amber Box).

In addition to these issues, WTO also deliberate from time to time on other trade related
issues like Anti-Dumping duties, Countervailing Duties, Environmental issues related to
trade, Non-tariff barrier's related to trade etc.
WTO is not a part a UN and act autonomously at the behest of its member nations.
Structure of WTO
The highest-level decision making body of WTO is the ministerial conference, it meets
every two years and each member country is represented by the commerce minister.
Next is the general council consisting of ambassadors of the member countries.
Dispute Settlement
WTO has a dispute settlement body(DSB) that settles trade disputes among member's.
 General council works as DSB. After the ruling the erring nation is directed to make
changes in its laws to make them WTO compliant within a reasonable time. If the ruling
country does not correct its laws, the compliant country is allowed to take cross
retaliatory measures.
WTO member's and observer's
There are 161 members’ in WTO. 25 countries enjoy observer status to WTO. IRAN is
the biggest economy outside WTO. Seychelles is the newest full-fledged member to
WTO, joined on 26th april'2015. Negotiations between Kazakhstan and WTO.
Agreements of WTO (VV. Imp)
1. AOA (Agreement on agriculture.)
2. TRIPS
3. GATS
1. AoA (Agreement on agriculture)
Three pillars of AoA are Domestic Support, Market Access and Export subsidies.

1. Domestic support:
It refers to subsidies that govts give to farmers’ like food, fertilizer, power, water etc. The domestic
subsidies are grouped into three classes called boxes. Green Box, Amber Box and Blue Box.
Green Box
These subsidies are not trade distorting E.g. Environmental and conservation programs, Agricultural
Research, Pest Control, Domestic food aid, Disaster relief etc.

Blue Box
These are given only by developed countries for production i.e. subsidies which aims at limiting the
quantum of production like deficiency payment given by USA to its farmer's. These subsidies are also
considered exempt under WTO but upto a certain limit.
Amber Box
It is the amber box subsidies which are considered trade distorting and are subject to reduction
commitment i.e. not more than 10% for developing countries and 5% for developed countries. They are
of two types
1. Product specific: These are subsidies given to different agricultural products like rice,
wheat, maize etc.
2. Input Based/Non-Product specific: These are subsidies given for power, irrigation etc.
and are known as input based subsidies.
Both 1 and 2 are known as aggregate measures of support which should not be more than 5% for
developed and 10% for developing countries. This is also called as De-Minimus support. India provides
agricultural subsidies of not more than 6-7% and hence it's agriculture is highly under subsidized.

2.Market Access.
It means each member country should provide a level playing field to agricultural products of member
nation's by reducing tariffs on agricultural product's, so as to compete each member country to compete
with each other on agricultural products and ensure free and fair market access. By also removing non-
tariff barriers like quotas on quantity of product's etc.
3.Export Subsidies
They are to be lowered by the developed countries so that international prices are not lowered below a
point and exports of developing countries are not priced out.
2. TRIPS (Trade Related Aspects of Intellectual Property Right's)

Intellectual property is the work of intellect or mind to create product's that have commercial uses for
e.g. product's like drug's, literature, painting's etc.
TRIPS agreement which came into effect on 1st January 1995, is to date the most comprehensive
multilateral agreement on intellectual property. The areas of intellectual property which it covers are
1. Trademarks: It is a distinctive sign which is used to differentiate and distinguish the
products and services of different businesses.
2. Copyright's: It is given for creative and artistic work's for e.g. Books, Movies, Music,
Painting's, Photograph's and Software and give a copyright holder the exclusive right to
control reproduction or adaptation of such works for a certain period of time.
3. Patent: It is given for new, useful and non-obvious invention and gives the patent holder
an exclusive right to commercially exploit the invention for a certain period of time
generally 20 years from the date of filing the patent application.
4. Industrial Design: This right protects the form of appearance, style or design of an
industrial object.
5. Geographical Indicator's
Patents

In India we have Indian Patent Act 1970, that provides for process based patenting initially. Under that
a person was able to get a patent on the process of a product manufactured by him. Under that a lot of
Indian companies were manufacturing the patented product's by using different processes and that lead
to patent piracy. But later on i n 2005, GOI introduced the third amendment to the Indian patent's Act
1970 as Patent's Amendment Act 2005 and shifted to product's based patenting but under that there are
certain exemption's being provided to the developing countries when it comes to manufacturing certain
patented drug's by these countries by violating the patent rights, so that the drugs can be made available
to the masses.
Highlight of the Patent's Amendment Act 2005
1. Product patent protection to drug's, food and pharmaceutical's.
2. Availability of pre-grant and post grant challenge.
3. Discovery of new form of a known substance does not qualify for a patent, nor mere
discovery of any new property or new use of a known substance.
4. Introduction of a provision for enabling grant of compulsory license and parallel imports
to meet public health crisis.
GOI has accepted TRIPS and product's patent because it helps in R and D, and TRIPS is part of a larger
WTO package.
Pros of the Amendment Act

1. Patent Amendment Act 2005 modernizes the patent law.

2. Indian pharma companieis will grow into MNC's,
3. FDI will flow in with all the technological benefit's and the.
4. Safeguard provisions under the act will help us meet any public health concern's.
5. DPCO (Drug price control order) gives govt the power to regulate the prices and make
 them affordable.

Cons of the Amendment Act

1. Once product patents are introduced generic manufacturers cannot continue in India
except when they pay a fee and if the patent holder agrees.
2. Patent's given for 20 years will shun the technological development in India.
If certain drugs are highly priced than cheap substitutes can also be imported from foreign countries.

In case if certain drugs are highly priced in domestic market's than GOI can control the prices of these
drug's by providing these drugs under drug control act.
The TRIPS agreement allows both product and process patent's, though only product patent's must be
awarded for food, pharmaceutical's and chemical's. Patent's should be valid for 20 year's. Developing
countries have 10 years to adopt the TRIPS agreement while advanced countries adopted them by 1995
itself.

Glivac Case
In April 2013 SC in a landmark ruling rejected Swiss Drug Maker Novartis plea for a patent for its anti-
cancer drug Glivec Beta crystalline of a molecule named Imatinab mesylate on the ground that it lacks
novelty, and failed to meet country's patenting standard's.

Compulsory licensing
It allows a government to temporarily override the patent. The government can issue a compulsory
license to a company to produce generic's when faced with public health problem if the patent holder
refuses to agree to the terms of the license, this allows generic copies of the patented drug to be made
domestically with compensation paid to the patent holder.
IPAB in 2013 granted CL to NATCO (Generic Manufacturer) pharma to produce and market Nexavar
which was a patented anti-cancer drug of multinational pharma major Bayer Corporation.
International conventions and Indian laws allows member countries to grant such compulsory license in
order to make the medicine cheaply available to the public. Natco paid 7% royalty to Bayer.
Geographical Indication's

There are world famous good's that owe their origin to the region in which they originate and are
nurtured. The climate, the soil and the native efforts of the region account for their fame, utility and
qualities. Some Indian examples are Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphanso
Mango, Nagpur orange, Kolhapuri Chappal, Bikaneri Bhujia, Agra Petha,Mysore Silk,Nilgiri tea,
Coorg Coffee, Mysore Sandal, Malabar pepper etc.
GI is granted to community or group or institution that represents the interests of the product. It is
generally not granted to an Individual. The product can be agricultural or manufactured one. The
manufactured goods should be produced or processed or prepared in that territory. It should have a
special quality, reputation or other characteristic.

GATS (General agreement on trade in services)

GATS are a set of regulations that govern trade in services among the WTO countries. GATS, which is
one of the three agreement's along with AoA and agreement on TRIP's was adopted in 1995 and details
are being worked out since then. It includes Banking, Insurance, Health care, Business process
offshoring (BPO), Tourism and so on.
With GATS, multilateral trading extends to services.
So, in services members of WTO offer one another MFN status as they do for physical good's. MFN
mean's grant of non-discriminatory trade or normal trade.
GATS also extend to FDI in services.

Trade Negotiation's

While IMF and WTO operate on weighted voting basis, WTO decisions such as adopting agreements
are officially by consensus of all member's. The advantage of consensus decision making is that it
encourages efforts to find the most widely accepted decision's. Small countries and low income
countries also weigh for as much as rich countries.
Doha Round/Doha Development round 2001 4th
It was the fourth ministerial round after WTO came into force. It aims at liberalizing international trade
for Agriculture, Industry and Services. It's named development round just to pacify developing
countries. It's still going on.

Bali Package 9th

The package involves provision's for lowering import tariff and agricultural subsidies, with the
intention of making it easier for developing countries to trade with developed countries.

It cover's following areas

1. Trade facilitation: It will reduce red tape and streamline custom's. Streamline custom's
means that the least developed countries will be supported in building capacities to
implement the changes.
2. Agriculture: Here it cover's food security in developing countries.
3. Development and LDC issues: Includes preferential treatment and market access of
LDC countries.
India and the Bali Package:

India demand that it should be allowed to extend its agricultural subsidies indefinitely was met by
opposition from the US. Eventually India and US reached a compromise where a permanent solution a
permanent solution to the Indian subsidies will be decided in a separate future negotiation within four
year's. o the Bali draft said that till the final settlement is reached (on the question of food security and
food subsidy), members would refrain from approaching the dispute settlement body from reaching
against breach of 10% Cap on price support based on food subsidy this was. Peace Clause.
India insisted that curbs on food subsidy under the amber box till they are unfair as it has a massive
food security responsibility.
As per the Trade Facilitation Pact, India and other developing countries had agreed to improve
infrastructure at port's, put in place systems to facilitate faster custom's clearance and invest in
automation, computerization and homogenous documentation to facilitate faster movement of goods.
NAMA (Non-agriculture market access) and India

NAMA relates to trade negotiations on non-agricultural or industrial product's e.g. Chemical's, Textiles,
Ceramic's, Electronics, Sport's good's and Toy's, rich countries want the developing countries to open
up their market's while poor countries are weary as it will destroy their domestic production and
industry. Developed countries have advocated the use of swiss formula for reducing tariff’s according
to which there would be greater obligation on developing countries to reduce tariffs on agricultural
product's by much higher percentage than the developed countries. This formula initially was resisted
by developing countries but later on was accepted.
Swiss formula is a nonlinear formula. In the swiss formula tariffs are proportionally higher for tariff’s
which are initially higher. For e.g. a country which has an initial tariff of 30% on the product will have
to undertake proportionally higher cut's than a country which has initial tariff of 20% on the same
product.

MFN Status
MFN means that a tariff policy that one country receives in an organization should be extended to all
other countries. Some member's may form preferential trading block within the larger body but all
should at least receive normal treatment. India and Pakistan has an exception in GATT under which
they can decide upon themselves weather or nor give MFN to each other, that's why Pak has not given
it to India yet.

Special safeguard Mechanism's (SSM)

Raised in Doha round as a part of AoA, it's a tool under which developing countries are to be given
extra flexibility in market access, for food and livelihood security and rural development and they can
impose higher than bound tariff rates on import of particular agricultural product if there is a sudden
surge in the import of that product into the country. SSM is available to all developing and LDC
countries.

Technical Barriers to Trade (TBT) Agreement

It ensures that technical regulation's, standard's, testing and certification procedures do not create
unnecessary obstacles to trade. It is closely linked to SPS agreement.
SPS (Sanitary and phytosanitary) Agreement
Under SPS WTO set's constraints on member’s policies relating to food safety (bacterial contaminant's,
pesticides, inspection and labelling) as well as animal and plant health about imported pests and
diseases.

There are three organizations that provide standards on the basis of that WTO members should base
their SPS methodologies and they are
1. Codex aliment arias commission.
2. World organization for animal health.
3. The secretariat of international plant protection convention.
Informational Technology Agreement

The ministerial declaration on trade in IT products was concluded by 29 participants at the Singapore
ministerial conference in December 1996. The no of participants now increased to 80, representing
about 97% of world trade in IT product's. The ITA provides for participantss to eliminate duties on IT
product's covered by the agreement.
 Chapter VIII: Capital Market
Capital Market
Capital market is the market for financial assets that have long or indefinite maturity. Capital market
can be divided under 2 parts:
1. Covering the market for corporate securities
2. Covering the market for guilt aged security (securities issued by central and state govt.)
In case of first one it is governed by SEBI and the market for govt. Securities is controlled by RBI. The
working of capital market may also be divided under 2 segments: Primary market and Secondary
market (Selling buying second time i.e. Trading). New issues are made in the primary market while
outstanding issues are traded (buy and sell in secondary market). When a company wishes to raise
capital by issuing securities it goes to the primary market and raise long term funds by issuing financial
securities. The primary market in a way facilitate formation of capital.
There are 3 ways by which a company may raise capital in the primary market and these are:

1. Public issue i.e. selling shares to the open public.

2. Right issues i.e. selling shares to existing shareholders.
3. Private placement i.e., selling shares to selected group of members.
SEBI was established on 12th April,1992 (at the time of Harshad Mehta Scam). Has been empowered
to oversee functioning of securities market and operation of intermediaries.

ESOP (Employee stock option)

Giving company shares to employees of the company along with their salary
SWEAT Equity
Given to employees of company so that when company get listed in stock market they
will be able to make profit.

BADLA

BADLA was a stock Market Practice prevalent for centuries in India and other stock
markets and finally abolished in India in 2001. Badla means financial charges/transaction
charges paid/received b/w brokers or b/w broker and investor to carry forward a
transaction from one settlement period (generally a week) to next settlemant period by
paying BADLA. The practice lead to over speculation in the stock market creating
volatility because Badla may be paid even without a broker physically possessing shares
and thus doing short selling that is making money by selling stocks if the price is going
down.

Rolling settlement (We follow in India)

It was introduced in 2001 by abolishing Badla. Under Rolling Settlement, it was first
introduced on the basis of T+5 basis but later on replaced by T+2 basis i.e., a share
transaction must be completed and account closed by giving the delivery of the share and
taking money and vice versa within transaction day and 2 working days. Thus, a
transaction cannot be carried forward.
Demat Account:
It means paper less trading without physical share certificate format. This is done by the
investor necessarily opening up a Demat account with a bank or a financial institution
who in turn forwards application money to the depository set up for this purpose NSDL
(National securities Depository Ltd.) or CDSL (Central Depository Services Ltd.) that
is organization set up to allot codes to Demat Account No. which has become mandatory
for trading in shares in India.

BULL and BEAR:

Bull is a stock market investor/speculator who buys shares in the share market with the intention that
the price of share will rise in future and will make profit by selling it at a higher price. While bear is a
stock market investor who sell the stock with the hope that the price will fall in future and he will be
able to avoid future losses.

Corporatization of Stock Exchange

It mean's converting stock exchange from a broker run organization to a corporate form of organization
with 51% of the shareholding for the general public. The idea is to separate ownership, management
and trading rights with each other, all three of them are with the brokers from 1875-2005 in BSE.
The committee under MH Kanhaiya had recommended corporatization and demutualization of stock
exchanges.

Derivative's trading
Derivative is an instrument such as futures and option contract which derive their values from an
underlying security or an asset. These types of contract are a legal contract between two or more parties
where the reason for the contract, time period and the amount is specified.

Derivatives are classified into (Don’t bother cramming this but it’s a beautiful concept if you want to
make money from stock markets)
1. Future: It is a contract to buy or sell specific quantities of a commodity or financial
instrument at a specified price with delivery set at a specified time in future.
2. Option's: An option is a contract which gives the buyer or seller the right but not the
obligation to buy (call option) or sell (put option) share of the underlying security or
commodity or currency at a specified price and on or before a specific date. In option as
the word says the buyer or seller has the right to decide, whether he will conclude the
deal at a future date or not.
Mutual fund's

It is a fund which is set up to help small investors to take or enjoy the benefits of the stock market
without exposing themselves to the market complication's. The mutual fund's pool's the small savings
of lakhs of investor's and based on their professional expertise invest in stock markets to provide gains
of the stock market growth to small investor's. MF offer's three choices
1. To invest in debt fund.
2. To invest in equity funds.
3. To invest in balance funds.
Currently HDFC MF is the largest MF in India followed by reliance, ICICI prudential, Birla Sun life,
and UTI (Oldest mutual fund in India.)
Note: After learning about the stock market we get prompted to start investing in Stock markets
like a lot of my friends do. I am breaking down the process step by step for those of you who want
to invest in Stock market others can ignore and skip this list.

1. Call Zerodha (search online) and open a Demat account, it’s very inexpensive and they
charge zero brokerage on buying and selling shares. Do not open any other Demat
account as a beginner as they are very expensive.
2. As a beginner do not trade stocks and never do intraday trading only and only invest in
Nifty 50 ETF every month, you can buy it very easily from your Zerodha platform. Just
search Nifty 50 ETF in the search bar, buy every month for a constant amount say Rs
2000, do not time the market
3. Don’t focus much on buying individual stocks in the beginning buy only Nifty 50 ETF,
it’s basically Nifty 50 stock and grows at 15% compounded annually over a period of 10-
15 years.
4. After you clear the exam, read the book the “Intelligent Investor by Warren Buffet”, and
start investing in Individual stocks.
5. Why Investing in stock market is essential for every bureaucrat, because as an
Investment Banker I can tell you that you can easily become rich in next 20 years by
investing 20 % of your salary every month in Stock Market and you will also help the
economy and you can do your job freely and passionately without becoming a part of
corrupt system.
6. If you want me write a Book about Investing for Beginners please tell me in your Review
for this book.

Hedge Fund
These are the fund's set up by very wealthy individual's abroad, who wish to invest their huge wealth in
different avenues, i.e. stock markets across the world, so as to hedge their risk and optimize their
profit's. These are the fund's which do not wish to be regulated by any regulating agency in any country
and want to operate independently as an unregulated entity.

For e.g.
1. Bridge Water pure alpha of USA is the largest hedge fund of the world having a total
wealth of 46.6 bn $ headed by my Mentor Ray Dalio a brialliant human being who
recently wrote the book called Principles. You must read it but after you clear the exam
2. JP Morgan asset management 46.6 bn $.

P-Notes
SEBI allowed P-Notes in 1992. In 2007 SEBI proposed to curb P-Notes because it constituted 50% of
FPI in India.
These notes are being issued by FII's and foreign brokerage firms to those entities like hedge funds who
wish to invest in Indian Stock Market and yet do not want to disclose their identity and get regulated by
any regulating agency.
In 2007-08 around 50% of foreign investment in India was coming through P-Notes but now it has
been reduced to 10-15% range due to tightened disclosure norm's and other regulation's by SEBI
because such notes are the potential source of volatility, as P-Notes can pull out their money at any time
Recently GoI accepted the recommendations of justice AP Shah committee on applicability of MAT to
the foreign portfolio investor's but still govt has not clarified weather MAT will be applicable on P-
Notes or not.
While accepting the recommendation's the govt has decided to make appropriate amendments to the
income tax act which would clarify that MAT provisions would not be applicable to FPI not having a
place of Business or permanent establishment in India. For the period prior to 1st April '2015.
ETF (Exchange traded fund's)

ETF's are those fund's which are traded on stock exchanges on a day to day basis. In general ETF's are
a combination of stock's, commodities, bond's etc. and traded close to the Net Asset Value on a daily
basis. The biggest advantage of investing on ETF is that it provides diversification, traded on a daily
basis, can be bought on margin etc.
In the economy like US and UK this is the most popular type of exchange traded product's but in India
these are not very popular because of the complexities attached to it, examples of ETF in India are
Goldman Sech’s ETF, PSU Bank ETF etc.

ADR's and GDR's

ADR and GDR is a method of generation of long term funds, by Indian companies by listing them in
the foreign stock exchange after taking permission from SEBI as well as concerned foreign regulatory
commission, under this the Indian company deposit's certain amount of its Indian shares with
designated foreign banks. The bank in turn issue receipt’s that are equivalent in value to the Indian
company's shares. Then these Indian companies can trade these ADR's with the American Public by
listing in the US stock exchange and other international markets by way of GDR's. Certain examples of
Indian companies who issue ADR's and GDR's are
1. ICICI Bank
2. HDFC Bank
3. Infosys
4. Hindustan Zinc Ltd.

Offshore rupee bond's (ORB)/ Masala Bond's

Offshore rupee bonds are debt instruments offered in capital market's outside India and
are denominated in Indian rupees. They are offered and settled in dollars to raise Indian
rupees from international investor's.
The issuer (person who issue these bond's) convert's bond proceeds from dollars into
rupees in domestic market and uses them to finance its requirement's in India. The
currency risk in these bonds resides with the investor's.
The investor base in these bond's is much wider than FII's (Investing in Indian market's).
Offshore bond is issued in past by IFC (International financial corporation) with maturity
up to 7 year's.
The latest issue is called Masala Bond's which have maturity upto 10 years, and are first
ORB's to be listed on London Stock Exchange. They are named so because Masala is a
globally recognized term that invokes culture and cuisine of India.
Infrastructure Debt Fund's (IDF's)

It was announced in the budget speech of 2012-13 for the first time under that IDF may
be set up either as a trust or as a company. A trust based IDF would normally be a mutual
 fund that would issue unit's while a company based IDF would normally be a NBFC that
would issue bond’s. A trust based IDF would be regulated by SEBI and an IDF set up as
a company would be regulated by RBI.

IIFCL (Indian infrastructure finance corporation Ltd) launched Rs 1 Billion worth of IDF
in June 2013 in the form of mutual fund and in June 2014 India infra debt, the country's
first IDF under the NBFC structure s a joint venture among ICICI bank, Bank of Baroda,
CITI corps finance and LIC of India.
Inflation Index Bond's

These are bond's where the principal amount is linked to inflation rate. They are thus
designed to cut out the inflation risk of an investment.
In India, it was first launched in 1987 in the name of capital index bond's.
IDBI samriddhi was launched by IDBI Bank in July 2013 which was linked to
WPI+1.44% extra and inflation indexed National Saving's Securities linked to CPI
combined 1.5% extra.

So, whatever the inflation+ some extra this ensures the profit of the investee.

SENSEX and Nifty

In India there are two stock exchanges BSE (Bombay stock exchange ) and NSE (National stock
exchange ), exchange is a place where stocks are bought and sold, each stock exchange has its Index to
measure the performance of the exchange i.e. whether people are buying or selling more. If people are
buying more Index will go up, if people are selling more Index will go down
Sensex of an Index of BSE it is an Index of top 30 companies in India in terms of Market
Capitalization, ( Market Cap of a Company = Value of each share of company ☐ Total no of shares of
that company ), while Nifty 50 is an Index of NSE it is an Index of top 50 companies in India in terms
of Market Capitalization.
So top 30 companies of Nifty are same as Sensex, and they tell you about the mood of economy or
market, whether people are in buying mode or selling mode. Over time not in the short term Nifty and
Sensex go up as economy grows.
Therefore you should Invest in Nifty 50 to get 15% and more returns on your Investments over a period
of 15-20 years.
Hope you understand it.
Relationship between capital market growth and Indian economic development.

The growth of capital market in an economy is largely dependent on the growth of an economy. For
e.g. Factor's like GDP growth rate, growth in various sectors like Secondary and tertiary sector's,
stability of economy regarding growth and future. Investment's made by foreign companies by way of
FDI and FPI, overall global trend's, overall national security etc., plays an important role in the overall
direction of the stock market, but there are certain things which generally drive the direction of stock
market against the given fundamentals of the economy and these are
1. Speculation in the market.
2. Short term investment in the stock market.
3. Information Gap.
Due to this the growth in stock market generally does not match the overall growth and recession in the
economy. Moreover, the stock market growth generally does not reflect the overall information and
growth in the informal sector (i.e. Agriculture and Self-employed) of an economy., which in case of
India constitute 85% of the work force, therefore it can be concluded that to a certain extent both are
dependent on each other.
Debt market in India

Sale of debentures in India. India needs to develop debt market we already have an equity market.
India has a developed primary market for debt but not a secondary market (sale and resale of
debenture's).
In India investors have stayed away from the fixed income secondary debt market as the market lack's
liquidity, transparency and depth. Some of the key issues that have traditionally affected the secondary
market's in long term debt in India are.
Absence of market maker's and liquidity.
Preference to bank deposits.
Postal saving's scheme.
National saving's certificates etc. over bonds because of liquidity risk's.
Lack of pricing and benchmarking.
Small institutional investor's pace.
Lack of adequate risk management product's.

Why we need debt market in India

A well-defined debt market in India may provide a platform to the corporate sector for
long term capital investment and asset creation and it will also supplement the banking
system to meet the requirements of Corporate sector.

The banking system in India is not able to cater to the demands of various small and
medium enterprises which may be fulfilled by creation of a well-defined debt market.
The debt market will provide a good platform to the corporates to raise long term funds
to invest in the creation of required infrastructure, because in the 12th FYP GoI
mentioned that around 47% of the total financing of 1 trillion $ will come from private
sector.
Indian Art and Culture
 Chapter I: Indian Classical Dances
How is related to spirituality.
Brahma inspired sage Bharat Muni to write Natya shastra an excellent book on
performing arts, codifying dances and dramas. Best performance of Artist evokes a Rasa
(Emotion) among the audience by invoking a Bhava (Gesture or Facial Expression)
What are the condition's which are to be fulfilled for a dance to be a classical dance?
It should have a Long history.
A distinct Repertoire: Fixed set of items’ which are to be performed in dance like
Namaste etc.
Three aspects of pure dance Nritta, Nritya and Natya.
Should have similarity with origin.
Have similar grammar with original dance.
Need's to be recognized by Sangeeta Natak Academy of India for a dance to be a
classical dance or the National Academy of Performing Art's. It recognizes 8 dances as
classical dances
Classical Dance has 3 aspects of Dance as per Nandikeshwar's Abhinaydarpan
Nritta- Pure Dance/ Only Movement
Natya- Dramatic element/ Through gestures and acting: It mean's dramatic representation
and refer's to the story that is elaborated through the dance recital.
Nritya- Combination of Nritta or Natya + Dialogue.
As per Abhninaydarpan Nandi elaborates Nayak and Nayika bhav in which eternal deity is seen as the
Hero or Nayak and the devotee who performs the dance is actress of the Act.

There are nine Rasa's or emotion's that are expressed through the dance.

1. Sringar: Love
2. Hasya: Laughter and Comedy.
3. Raudra: Fury.
4. Karunya: Compassion.
5. Bhibhatra: Disguise
6. Bhayanak: Horror
7. Vir-ras: Heroism.
8. Adbhut: Amazement.
9. Shanti: Peace.
According to Bharatmuni Natya shastra two aspects are there
1. Lasya: Feminine aspect of Dance i.e Grace, Rasa/Emotion and Abhinay. Ras is also
related with the soft movement.
2. Tandava: Aggression, Strength, Firmness and Vigour are the Masculine features of the
dance.
8 Classical Dances are there.
 1. Bharatnatyam: TN
2. Kathak: UP, Bihar.
3. Kathakali: Kerala
4. Kuchipudi: Andhra Pradesh.
5. Manipuri: Manipur
6. Mohiniattam: Kerala
7. Odissi: Odisha
8. Sattriya: Assam
Sabhas

Eg Ganamukundhapriya are the organizations involved in promotion of classical dance form's in

southern India.
 Bharatnatyam (Tamil Nadu) (Music: Carnatic )
Bhavam=Expression, Ragam= Music, Thalam: Rhythm and Natyam: Dance
It is oldest among the clssical dance form and it derives its name from Bhava, Rag, Taal,
Atyam.
The origin of this dance form can be traced back to Sadir (Solo Dance) of the temple
dancer's or Devdasis.
Devdasis were girl's gifted to the temple, and they were wedded to the god. Hence it was
also referred to as Dasiattam.
It was revived by Rukhmani Devi Arundale.
Features
Alaripu: It is an invocatory piece of performance which is meant to seek the blessings of
god.
Jatiswaram: It is the pure form of dance including the different pose and movement's.
Shabdam: It is the dramatic element which includes the abhinay in the song.
Varnam: This is a combination of dance and emotion which further explains the dance
performance.
Padam: It refer’s to the mastery over the abhinaya expressed by the artist.
Jawali: These are short love lyrics performed at a faster tempo. Faster tempo is Tandav.
Tillana: It is the concluding stage of performance which comprises of pure dance and
movement and at the same time thanking the audiences.
The Bharatnatyam recital is done by a person who is known as Nattuvanar, one person is
common in both Kuchipudi and Bharatnatyam and that is Yamini Krishnamurti, then
Radha and Raja Reddy and Indrani rehman.
Bharatnatyam is often referred to as fire dance as it is a manifestation of fire in the human body. There
is a concept mudras in this dance. In this dance form, equal emphasis is given on both Tandav and
Lasya with major emphasis on Mudras and one of the principal mudras is
Katak hasta mudra, in which the three fingers are joined to symbolize OM.
In Bharatnatyam recital the Knees are mostly bent and the weight is equally distributed
across both the feet.
Every Bharatnatyam dancer supposes herself to be made up of triangles which is
reflected from the varied dance movement's.
Ek-Charya-Lasyam. It is also characterized by the Ek-Charya lasyam style in which one
dancer play's many different roles.
Famous proponents are Yamini Krishna murti, Padma Subramaniyam, Mrinalini
sarabhai, Mallika sarabhai
There are four types of Abhinay in Dance
1. Anghika: Physical or Body movement's
2. Vachika: The song being played, poetry.
3. Aaharya: Ornamentation of a character/ Dancer eg Jewellary, Costume.
4. Satvika: Involuntary movt's eg Trembling, Breaking of Voice, Tear's
Varnam is the most imp part of Bharatnatyam where dancer perform's both Nritta and Nritya
 Kuchipudi (Andhra Pradesh) (Music: Carnatic)
Originally performed by group of actors’ going from village to village known as
Kushelvas. Kuchiudi derieves its name from the Andhra village of Kusselvapuri or
Kuchelpuram.
With the advent of Vaishnavism, this dance form became the monopoly of male
brahmin's. Stories of Bhagwat puran became the central theme and the dancers came to
be known as Bhagvatalu's. The dance form gained prominence under the patronage of
Vijaynagar and Golconda ruler's.
Features:
Most of the Kuchipudi recitals are based on stories of Bhagwat Puran but have a secular
theme, there is a predominance of sringar raas(love) in Kuchipudi performance.
Dhravu: Each principal character introduces themselves on the stage with dhravu, which
is small composition of dance and song which invokes blessings of god.
After Dhravu the actual drama start's, which can be a solo exposition, two common solo
expositions are Jatiswaram and Tillana after that Nrityam is there reflecting the desire to
merge with god
Kuchipudi dance style is manifestation of earthly element's in the body.
In a kuchipudi recital the dancer may combine the role of a singer into himself, both
lasya and tandav are important in this dance form. Popular solo elements of kuchipudi.
Tarangam: The dancer performs with her feet on the edges of a brass plate and at the
same time balancing a pot of water on the head and balancing a set of ideas in the hand.
Tala Chitra Natya: In this item, the dancer draws picture on the floor with his toes while
dancing.
Kuchipudi is generally accompanied with Karnatic music Violin and Mridangam being
the principal musical instruments. Abide from violin and Mridangam, Veena is there
Flute, Veena and Cymbal are there.
In Kuchipudi ornaments of light weight wood are called Boorugu.
Certain elements are based on the life of lord Krishna.
Kuchipudi share many common elements with the life of lord Krishna.
 Kathakali (Kerala, Music: Sopan)
In the temples of Kerala two forms of Dance drama, Ramanattam and Krishnattam
evolved under the patronage of feudal lord's Narrating episodes from Ramayan and
Mahabharat. These folk Drama traditions later became the source of Kathakali which
gets its name from the word's Katha meaning a story and Kali meaning Drama.
Features of Kathakali:
Most Kathakali recitals are a grand representation of the eternal conflict between good
and evil it draw's it's themes from the stories narrated in the epic's and puranas, it is also
called as ballad of the east.
It has similarities with Krishanattam, koodiyattam and Ashtapadiyattam. (Classical
sanskrit dramas of kerala).
Kathakali has taken a lot of similar features from Kalaripayattu (Ancient marshall art of
kerala).
Kathakali is remarkable in the representation of raas, through movements of eyes and
eyebrow's, there is minimal use of prop's (danda, weapon etc) in Kathakali recital.
Performance starts at night and goes till early morning and it's done in front of a huge
lamp called Kalivilakku.
Language used is called Manipravalam.
Two singers are there Lead: Ponnani and follower Singdi.
However elaborate facial makeup along with head gear is used for different character's.
Different colour's have their own significance in Kathakali. Green indicates Satvik
character i.e Nobility, Divinity and Virtue. Red indicates royality and rajsseek character,
Black is used to indicate tamsee character Evil and Wicked ness. Kathakali is generally
performed in open air theatres or temple premise. Kathakali symbolises the element of
sky or ether. Kathakali performance is accompanied with the sound of drum's, Chenda,
Maddala. Here Sopan music of kerala is used as music not Carnatic.
9 Facial expressions of Kathakali dancer are called Navrasam's.
Famous proponents are Guru Kanchu Kurup, Gopinath and Rita ganguly.

Mohiniattam (Kerala)
It is known as dance of an enchantress, it is essentially a solo dance that gained
prominence under the rulers of Travancore.
Features
It is very similar to Bharatanatyam in the use of Mudras and Postures, it also carries the
vigour Kathakali, it generally narrates the feminine dance of Vishnu so Lasya aspect of
the dance is dominating and it is mainly performed by the female dancer's.
The dance is based on 40 basic movement's known as Atavakul and costume is of special
importance in Mohiniattam with white and offwhite being the principal colour's.
Classical text is Hastha Lakshanadeepika and elaborate description of Mudras is there.
 Vocal music of Mohiniyattam is Chollu. The lyrics are in Manipravalam which is mix of
Sanskrit and Malyalam.
Saris alway's have a broad golden brocade and Gajra is necessary element. The element
of air is symbolized through Mohiniattam performance. Famous proponents are Sunanda
Nayyar, Madhuri Amma and Jayaprabha Menon.

Odissi
The caves of Khandgiri and Udaygiri provides some of the earliest examples of odissi
dance, it derieves its name from odhara nritya in Bharatmuni's Natyashastra. Initially it
was practised by the Mahari's. They were temple dancer's. Jain king Khavela patronized
the odissi dance.
It's a secular dance done by Shaivite, Vaishnavite, Jain, Buddhist.
It is dedicated to Radha and Krishna.
With the advent of Vaishnavism in the region, the Mahari system became defunct,
instead young boys were recruited and dressed as females to continue the art form, they
came to be known as gotipuas. Another variant of this dance form i.e Nachuni or Nartala
continue to be practised at royal courts.
Odissi is also similar to Bharatnatyam in its use of mudras and postures.
The tribhanga posture i.e Three bended form of the body is innate to the oddisi dance
form, body is bent at Neck, ankle and torso. Tribhanga posture is mainly done by the
female. Various Postures are called Bhangas.
The dancer creates intricate, geometrical, pattern and shapes in her body, hence it is also
known as mobile sculpture. In chalk posture which is Tandav in nature, the dancer tries
to make square or rectangular pattern's.
Elements of Odissi :
Mangalacharnam is invocatory piece to the god's.
Batunritya is pure dance.
Pallavi: It includes the facial expressions and the representation of the song.
Thari jham: It is a pure dance movement before the conclusion.
Moksha: It is a movement of liberation and thankfulness.
Odissi dance is accompanied with hindustani music. The dance form symbolises the
element of water.
Instrument's: Pakhawaj, Flute, Sitar, Violen and Manjira.
Famous proponent is Kelucharan Mahopatra.
 Manipuri
Manipuri dance form find's its mythological origion, to the celestial dance of shiva and
parvati in the valleys of Manipur along with the local Gandharvas, the dance gained
prominance with the advent of Vaishnavism.
In the modern times, Rabindranath Tagore brought back the dance form into the
limelight, when he introduced in shantiniketan.
Famous proponents are 1) Charles fabri 2) Indrani Rehman 3) Sonal maan singh 4)
Sharon Lowen, 5) Kelu charan Mahopatra.
Features:
Manipuri dance is unique in its emphasis on devotion and not sensuality.
While the dance incorporates both Tandav and Lasya, emphasis is laid on the latter.
Raas leela is the central theme of Raas-leela. RS is based on the story of Radha and
Krishna
Manipuri dance is also a combination of many local folk repertoir's. i.e Laihairoba,
Thung ta and Sankirta.
Drum and Pung (Manipuri Mridangam) are important elements of the dance. Percussion
instruments are called Pung, drummers are male artists who dance with drum's and then
called Pung Cholom.
Kartal's and Dhol's are also accompanied in the Music.
Composition of Jaydev is used extensively i.e Jaydev's in Geet Govind.
Famous proponent’s:
Javeni sister's. Their names are Naina, Suwarna, Ranjana and Darshana.
Guru bipin singh. Local music is played (Neither hindustani nor Rajasthani).
 Kathak
Kathak traces its origin from raas Leela of Braj Bhumi. It is traditional dance form of U.P
It derieves its name from the Kathika or the story tellers who recited verses from the
epic's.
During the mughal era the dance form degenerated into Lascivious style and branched off
into court dance, it was influenced by persian costume and styles of dancing, the classical
style of Kathak was revived by lady Leela Sokhey in the twentieth century.
An important feature of Kathak is the development of different Gharanas like

1. Lucknow Gharana, LG reached its peak under Nawab Wajid Ali shah, it puts more
importance on expression and Grace.
2. Jaipur Gharana: They emphasised on fluency, speed and long rhythmic patterns.
3. Raigarh Gharana: It emphsises on percussion music (Tabla)
4. Benaras Gharana: It emphasis on floor work and special emphasis on symmetry.
5. Kathak dance form is characterized by intricate footwork and peirut's, unlike other south
Indian dance form's the Kathak Dancer does not open the Knee outward's in sitting
position.
6. The basic form is standing. Kathak dancer is no less than a Percussionist. She can
produce numerous sounds with her feet.
7. In a Kathak performance many a times dancer used to speak to the audiences in between
the performance.
Features:
Vandana: Invocatory piece.
A short dnce composition is Tukra while a longer one is Toda.
Ananda: Is an introductory item through which dancer's enter's the stage.
That: It is soft and varied movement, it is the main attraction of Kathak recital which
show's a competitive play between the dancer and Tabla player.
Padhant: It is the special feature in which dancer resites complicated bol's and
demonsrates them.
Tarana: It is similar to tillana, which is a concluding item and comprises of pure rhythmic
movement's.
Gat hav is a dance without music
Kathak is generally accompanied with Dhrupad Music.
Taranas, thumri's and Ghazal were also introduced during the Mughal period,
instrument's which is accompanied with Kathak is Tabla.
Ghoongroo is the most important instrument associated with the kathak dancer.
Nritta: Pure Dance, Nritya: Expressive dance.
Lacchu Mahraj and Birju Mahraj are most important proponents of Kathak.
 Sattariya (Assam)

Latest addition to classical dances in 2000. (Sattar=Monastry)

Sattariya dance was first introduced by Vaishnav saint Shankardev in 15th Century.
Chaitanya Mahaprabhu
The artform derieves its name from Vaishnav monastries known as Sattara's where it was
primarily practiced by Bhokot's= Male monk's.
Features:
The dance form was an amalgamation of various dance form's prevalent in Assam,
mainly Ojapali and Devdashi.
Ojapali has two categories one was Byahgoh ojapali and devdasi.
The focus of sattariya recital is devotional aspect of dance and it narrates mythological
stories of vishnu.
The dance is generally performed in group by male monk's known as Bhokot's as part of
their daily ritual's.
Khol(drums) and Flute form the major accompanying instruments of this dance, the
songs are composition of shankargeet known as Borgeet's.
Costumes are made up of Pat and Silk.
Sattariya dance tradition cobines both Lasya and Tandav in equal proportion.
In the modern time Sattariya dance has evolved into two separate streams’. Gayan
Bhayanar Nach and other is Kharmnar Nach.
 Indian Folk Dance
Chchau
It was incorporated in UNESCO heritage list.
Kalbelia- Folk
Mudiyettu-Theatre.
It has three form's
1. Saraikhela Chau: Jharkhanad.
2. Purulia Chau: WB.
3. Maurbhanj: Orissa.
The word chau originates from the Chaya meaning shadow, it is a form of mask dance that uses
vigorous marshal movement's, to narrate mythological stories. There are three categories of this
mentioned above.
In mayurbhanj chau Artist's don’t wear mask. It is performed only by male artist's in group's.
Papier Mache is uses to make mask.

Garba (Garbh Deep)

In Dandiya sticks are used. The sticks are used to mock fight between Durga and
Mahishasur
Tarangmel (Goa) In Holi and Dussehra.
Dhumar: Done by Bhil tribes in Rajasthan, special feature is pirrouttes of Ghagra.
Kalbelia: From Rajasthan by Kalbelia community, dance movement's is quite similar to
that of serpant's.
Charba: Himachal pradesh during dussehra.
Bhangra/ Giddha: Bhangra by Man and Giddha by female.
Raslila: Theme is affair between Gopi and Krishna and Brijbhumi.
Dadra
Jawara: Bundelkhand/Celebration of harvest
Matki: Malwa region of M.P/ Theme is water
Gaur Maria: Bastar belt of Chattisgarh. Dancer used to symbolize horn and bison fight.
Alkap: it is practised in Rajmahal hills of Jharkhand.
Biraha: Bihar.
Paika: Southern Bihar.
Jhumar: Jharkhand and Orissa.
Jat-Jatin: From Mithila region. It is based on couple fight.
Jhumar: It is from Jharkhand and Orissa. It's also a harvest dance.
Danda Jatra: It is also from Orissa and it narrates the story of Lord Shiva.
Bihu: Thangta, this is marshall dance of Manipur, the dance performance is unique
display of skill, creativity and agility.
Ragma : It is bamboo dance of Nagaland, i show's mock fight between the people.
Colourful costume is used.
Singhi Cham: They symbolize snow lion and Kanchendzonga.
Mayilattam: Attam and attu is related with Kerala, folk dance of young girl's.
Burrakatha/ Jangam katha: It is a dance narration in which a single performer narrates
the stories from puranas.
Butta Bommalu: It is also from Andhra, It is from west Godavari district of A.P
Kaikottikali from Kerala. Itis performed during Onam festival.
Bhoota Aradhane from Karnataka, it show's fight between evil and good.
 Chapter II: Philosophy
In Indian Philosophy, there are two schools

1. Orthodox School (Astik School): Have nothing to do with god, they believe in Vedas.
2. Non-Orthodox School's/ Heterodox (Nastik School): Question the Vedas

Orthodox schools are

1. Samkhya (Materialistic: Dont believe in existance of god))
2. Nyaya
3. Vaishishika
4. Yoga
5. Purva Mimamsa
6. Vedanta (Uttar Mimamsa)
Heterodox schools are
1. Buddhism
2. Jainism
3. Carvak

Shraman Tradition: Breaking the bondages in society like caste system, Exploitation, Brahmannical
dominance. Ashoka greatly patronize this shraman tradition.

Parivrajak: Person who break's these bondages.

 Buddhism
Buddha was born in 563 BC in Lumbini Nepal, at 29 he became Parivrajak.
Channa was the horse rider of Gautam Buddha, after encountering old, sick, dead and
beggar, he ran from his palace, this event is called as Mahabinishkraman in buddhist
literature.
Alar Kalam was the first guru of buddha, he taught him Upanishad's and Meditation.
At Sarnath Near Varanasi he delivered first sermon before brahmin's called
Dharamchakrapravartan.
Nirvana=Moksha.
Death = Mahaparinirvana=Final blowout.
2 Doctrines of Buddha

1) Arya Satya (Noble Truth)

2) Ashtangika Marg.
Arya Satta: 4 Noble truths (NT)
1. Dukkha (NT of sorrow) : Birth, aging, disease and every wish unfulfilled is sorrow.
2. Dukkha Samudaya (NT or Origin of sorrow's): Arises from Trishna / Desires.
3. Dukkha Nirodh (NT of stopping sorrow): Destroy trishna i.e Destroy desires.
4. Dukkha Nirodh Gamini Paripad: It is called middle path or eight-fold path or Astangika
marg.
Ashtangika Marg
Cause of suffering is desire. Cause of desire must be overcome. There is a path to overcome the desire.
Samyak Drishti/ Right Understanding: Free from superstition and delusion.
Samyak Sankalp: Right thought's/ Don't think evil or ill about anyone.
Samyak Vak : Right speech/ Open and Truthful.
Samyak Karma/Karmank: Right action.
Samyak Ajiva: Right livelihood.
Samyak Vyayama: Right effort's, self-control training is important.
Samyak Smiriti: Right mindfulness.
Samyak Samadhi: Right concentration
Buddha did not believe in
1. Soul and God.
2. Supremacy of Brahmin's.
3. Authority of Vedas.
4. Practice of ritual's and sacrifice.
Triratnas (3 Jewels of Buddhism).
Buddham: To worship the symbols of GB
Dhammam: Doctrine of GB
Sangham: Rules and regulations of sangh , where all the monk's lived.
When no desire there would be no desire no suffering and no rebirth.
1. Right speech.
2. Right Action.
3. Right Livelihood.
4. Right Mindfullness.
5. Meditation.
6. Right thought's.
7. Right Understanding.

Symbols
1. Pipal: Enlightenment
2. Chakra: Dharamchakraparivartan.
3. Stupa: Mahaparinirvan/Moksha.
4. Horse: Mahabinishkraman-Leaving the palace
5. Elephant/Lotus- Birth
Nirvana: Liberation from Earthly Bondage.
Moksha: Bramhalin.

Buddha achieved Mahaparinirvan in Kushinagar U.P.

First Buddhist Council
After the death of Gautam Buddha, his follower's convened 1st Buddhist Council at a place called
Rajgriha in 483 BC, which was presided over by Buddhist scholar Mahakashyap and it was patronized
by contemporary king Ajatshatru.
Two important books were compiled in this council

1. Sutta Pitak: Contains original teachings of Gautam Buddha.

2. Vinay Pitak: Contains the rules to be followed by Buddhist Monk's.
Second Buddhist Council
The second Buddhist council was convened in 483 BC at Vaishali Bihar, it was presided by Buddhist
Scholar Sabakami and Patronized by contemporary king Kalashok. In this there was an informal
division among the followers of two sects’. In this council, there was informal division among the
followers into two sects.
1. Sthavirvadins: They were the orthodox followers of Buddhist religion.
2. Mahasangvikas: They were the liberal followers of Buddhist faith.
Third Buddhist Council
It was convened in 250 BC in Patliputra (Bihar). It was presided by Buddhist Monk Mogaliputtatissa
and it was patronized by Ashok. In this council, a new text was written which was named as
Abhidhammapitaka. The work contains the philosophical interpretations of the teachings of Gautam
Buddhas life.
The three-text’s combined together are called tripitakas i.e Abhidhamma, Sutta and Vinay. Which form
the sacred text of Buddhist religion.

4th Buddhist Council

Held in Kashmir, presided by Buddhist monk Vasu Gupta, and it was patronized by Kanishka. In this
there was a split in Buddhism into two sects’
1. Hinyana: Orthodox in nature: Popular in South East Asia.
2. Mahayana: Liberal in Nature: Followed in India and other countries of central Asia,
including Afghanistan
 Jainism
Vardhman Mahavir 24th Tirthankar was born in 540 BC in Kundalagram Vaishali. For
12.5 years, he roamed here and there and he got Kevala Gyana or Enlightenement under
the Sal Tree on river Rijukila, Jimbhikagram.
Vardhman Became

1. Arihant (Worthy)
2. Mahavira (Courageous)
3. Tirthankara (Pathfinder)
4. Nirgrantha (Free from Bond's)
5. Jina (Conquerer of his desires).
5 important ideologies of Jainism
1. Do not commit violence
2. Do not speak a lie
3. Do not steal.
4. Do not acquire property.
5. Observe Countenance (Brahmcharya).
Important philosophy of Jainism is Anekantavad or Syadavada (i.e Multiplicity of viewpoint's)
Buddha also gave a similar theory called (Pratityaya Samutpada: There is reason behind everything.)
Mahavir died in 468 BC in a place called Rajgir.

1st Jain Council

Held in Patliputra presided by Jain Monk Sthul Bhadra and Patronized by Bindusara. In this council,
the techniques of Mahavir and his predecessors were codified in different book's known as Purvas. It
was 14 in no.
2nd Jain Council
Held in Vallabhi in Gujrat presided by Jain Monk DevardhiKshemaSarmana. In there there was a
formal split in follower's among Swetambars and Digambar's.

Similarities Between Jainism and Buddhism

1. Both are the two branches of Shramana tradition.

2. Both were against orthodox Brahmanical Hinduism.
3. Both flourished in Eastern India.
4. In respect of basic philosophical concept's Buddhism and Jainism, both were indebted to
Samkhya Philosophy. Both equally believes that the world is full of misery and the object
of religion is to deliver the soul from the miseries of this world by eliminating rebirth.
The concept of Jainas and Buddhist that world is a misery and that man is subjected to
the result of Karma was borrowed from the upanishad's and samkhya philosophy.
5. Both rejected the authority of Vedas and efficacy of Vedic right's.
6. Both were agnostic to the existence of god and upheld ascetic life moral and ethical
codes.
7. Both beleved in non-violence as a means of evolution.
8. Both dismissed the caste system.
9. In both the religion's largest no of followers was from mercantile class.
10. They preached their doctrines in the language of people, i.e Pali and Prakrit.
11. In both religion's there is a concept of 3 Jewel's. In Buddhism they are Buddha, Dhamma
and Sangha. 3 Jewels of Jainism are 1. Right Perception 2. Right Knowledge 3. Right
conduct.
12. Both approves of an atheist Partaking in the religious practices of these two religion's.
13. They see no contradiction in following more than one religion. Jainism believes in
pluralism and respect's other religious view's and tries to accommodate them.
Differences Between Jainism and Buddhism
1. Jainism was an ancient creed which existed before the advent of Mahavir. 23
teerthankar's existed before Mahavir. Mahavir did not found any new religion, merely he
introduced certain reform's in Jainism, but Buddhism was entirely a new creed and it had
no existence before Buddha.
2. Jaina conception of soul differed from that of Buddhist, their concept of Jiva and Ajiva is
entirely different from Buddhist concept. Jainsa ascribe life to plant's, stones, water etc
which buddhist reject, while the Buddhit believe that human beings have no permanent
self and everything is in a constant state of flux. They also do not believe in
transmigration of the soul.
3. The Jainas practie rigrous Asceticism and self-mortification. Mahavir himself practised
tremendous physical hardship's, to realize he truth. He advised his followers to starve and
undergo physical suffering i.e Sallekhana but Buddha opposed to etreme penance and
privation and he advised middle path.
4. While Mahavira advised his followers to discard garment's Buddha denounced the
practice.
5. Jainas practice extreme form of Ahimsa or nonviolence, they do not tolerate the killing of
insect's or germ's even, while the buddhist believe in ahimsa but do not observe it in such
extreme form.
6. Jainism seek's to destroy the evil effects of Karma by rigrous penance, self motification
and non-violence while the buddhist believe that the evil effects of Karma cannot be
extinquished in this life, they rather try to destroy the viscious impulse that produces the
Karma.
7. Jainas do not entirely reject the caste system and do not entirely sever contact's with
hinduism, they are more accomodating to the hinduism than buddhist and they employ
brahmannical priest for worship, but buddhism has completely cut itself of from
hinduism and reject's caste in any form.
8. The buddhist displayed great missionary zeal, but the Jainas never attempted to get large
no of convert's in and outside India.
Bodhisatva: They are enlightened beings who postpone their own salvation to help all other being's.
According to Mahayana teaching a Buddha is first born as Bodhisatva and then after many life time’s
progresses on to Buddha hood.
 Carvak Philosophy
Carvak's also called sweet talker's. Lokayata mean's same as Carvak, Term first used by
Kautilya, Chanakya and Vishnugupta.
The materialistic philosophy of carvak was expounded in sixth century BC.
His philosophy was called lokayat and he believes that if anything in this universe is not
experienced through the senses of human it does not exist.
They didn't believe in existence of god.
This school still believes in Philosophical skepticism, Materialism and Religious
indifference.
It is the Atheistic school of thought/ Last Nastik school, dont believe in the authority of
Vedas.
They believe in Kama (Sensual pleasures) and Artha only.
Bodhisatva Avalokiteshwara: It means the lord who looks down with compassion.

Orthodox Schools of Indian Philosophy

1. Samkhya- Founder Kapilmuni it is oldest.
2. Nyaya- Gautam
3. Visheshika- Kannada.
4. Mimansa (Purva Mimamsa)-Jaimini
5. Vadanta (Uttar Mimamsa)- Badrayana
6. Yoga- Patanjali
 Samkhya
Kapilmuni is the founder, it says that salvation can be attained through real knowledge.
There are three ways to get that knowledge

1. Pratyaksh : Perception
2. Anuman : Inference
3. Shabd : What you get from hearing.

Samkhya philosophers didn't believe in god as they were materialistic in outlook.

It is strongly dualist (Soul and Mind on one hand and reality on another).
According to this school, Jiva is the state in which Purusa is bonded to Prakriti via
Desire, and the end of this bondage is moksha.

Nyaya
They have methodology to prove existance of god, but they used the system of LAR
(Logic, Analysis and Reasoning).
According to them only way to release from suffering is through Valid and Credible
knowledge.
Nyaya deals with epistemology (i.e Nature, Scope and Theory) of knowledge, in addition
to logic.
According to them four sources of knowledge are Pramanas. Perception, Inference,
Comparison and Testimony. These are the four-basic thing's by which valid and credible
knowledge can be acquired.
It is the closest Indian Equivalent to contemporary analytical philosophy of the west.

Vaiseshikha
Closely associated with Nyaya and eventually fuse together.
A form of Atomism, all objects are formed of atom's.
Sage Kannada developed it.
Nyaya talks about four sources of Valid Knowledge while Vaisheshika talks about 2 i.e Perception and
Inference.
Similarities and differences between Moksha and Nirvana.
Similarities
The cycle of birth, death and rebirth is broken.
While attaining Moksha and Nirvana, once attained one is free from samsar.
Meditation is employed in attaining both.
Differences
Moksha tend's to explain merger with Atma and Brahma which buddhist don't believe.
Nirvana starts with the premise that there is no self, while Moksha on the other hand
starts with the premise that everything is self. There is no conciousness in the state of
Nirvana but everything is in unified conciousness in the state of Moksha.
It holds that the smallest, indivisible, indestructible part of the world is an atom (anu), all physical
things are combinations of the atoms of earth, water, fire and air. Inactive and motionless in themselves
the atoms are put into motion by god's will through the unseen forces of moral merit and demerit.

Yoga
Yoga are physical, mental and spiritual practices or disciplines transforming and
transcending body and mind.
Yoga is popular in Hinduism, Buddhism and Jainism.
Some Yam's (Rules) and Niyam's are there.

Vedanta
Vedanta mean's conclusion of Vedas, it is the most prominent and philosophically
advanced of the orthodox schools.
It includes philosophical traditions concerned with interpreting the 3-basic texts of
Philosophy i.e. Upanishad's, Brahma sutras and Bhagwat Gita.
3 important saints gave the basic philosophy of vedanta

1. Sankracharya: He believed in non-dualism or one reality i.e Advaitwad

2. Ramanuj: He believed in qualified non-dualism.
3. Madhavacharya: He is famous for dualism and he believed in dualism i.e two realities.

Mimamsa School (Purva Mimamsa)

It has the soul purpose of enquiry into the nature of Dharma, it is based on Hermeneutic's
(interpretation of vedas).
It is not observable via reason or imagination and it must be inferred from authority of
revealation in Vedas, which are considered eternal, authorless and infalliable.
Elucidation of the nature of Dharma is the main aim of this school (Dharma=Code of
conduct to lead a dignified life.)
 Chapter III: Paintings
Bharat Mata
By Abanindranath Tagore.
Bharat mata is a famous watercolor dating back to 1905 depicts a saffron clad woman,
dressed like a sadhvi, holding a book, sheaves of paddy, piece of white cloth and a
garland in her four hand's.
It is on Display at Victoria memorial hall Kolkata.
Japanese Influence: The painting has the influence of Japanese wash technology, which
Adanindranath Tagore learned from Japanese painter Yokoyama Taikan taught Tagore

Early Painting's
Bhimbhetka Caves
The earliest evidence of the paintings was found on the rocks of Bhinbhetka caves, the paintings of
Bhimbhetka were primitive and mainly they were line drawings, known as Petroglyph's, it was after the
independence when W.S Wakankar found these caves and it's painting's came to public view. The
major sites of earliest cave painting are Bhimbhetka, Mirjapur and Panchmarhi.

Prehistoric Painting's

These paintings were rock engraving's known as Petroglyph's, they are divided in three periods’
1. Upper Paleolithic.
2. Mesolithic.
3. Chalcolithic.
In upper Paleolithic

White, Red and Green color was used to depict large animal's like Bison, Elephant, Rhino and Tiger's,
these were basically line drawing’s. Mesolithic paintings are characterized by rock engraving's known
as petroglyph's. These rock engravings were scratched from the bones and stones. Figures of animal's,
human’s, hunting scenes riding scenes were depicted, the red color was obtained from the bone marrow
of animal's while the yellow was obtained from the hill's.
Chalcolithic painting's:

They mainly used green and yellow color while the scratching was done by the iron tool.
Jogimara caves in Jharkhand, Narsingarh in Madhya Pradesh.
Mural
These are large works executed on the wall or
comparative non-perishable material
The theme of this mural painting's in India was There are four preconditions for the miniature like
based on three religion's Buddhism, Jainism and the painting must not be larger than 25 square inch,
Hinduism
Mural painting's leaves a major scope for three
dimensionalities.
Eg Ajanta, Ellora, Bagh painting's. Leepakshi
painting's and Sittanavasal painting's kerala,
Nayaka and Badami.
Miniature
It is a very detailed and very small painting executed
on perishable material's like Paper, Palm leaf, Cloth
and also glass.
subject must be painted not more than 1/6th of its
actual size.
In gupta age Vatsayan wrote Kamasutra which
elaborates upon six principal limbs of painting
called as Sadang of Painting. Six principal limbs are
1. Roop Bhed: Knowlede of appearance.
2. Pramana: Perception
3. Bhava: Emotion.
4. Lavan Yojanam: Infusion of grace and
artistic representation.
5. Sadrisyam: Silmilitude or Similarity.
6. Varnika Bhanga: Manner of using brush
and colour

Generes of Indian Painting

Mural Painting's

1. Ajanta: Ed Flying Apsara, Dying Princess, Padampani, Vajrapani, Mahaparinirvan Buddha etc.
Baagh Painting: Fresco mural's and theme is buddhist.
2. Ellora painting's
Painting's from all three religion's and in Hinduism themes from Mahabharat and Ramayan.

3. Sitanavassal Painting's
These were the cave painting's in Tanjore Tamil Nadu and initiated by Pallava Ruler's. Theme was
taken from Jain religion.
4. Nayaka Mural's
Initiated by Nayaka ruler's in 17th and 18th century scenes were taken from the life of vardhman
mahavir abide from Ramayan and Mahabharat.

5. Kerala Mural's
Local version of themes taken from Ramayana and Mahabharata and also themes of Kathakali are
painted.
6. Badami Painting
These painting's were initiated by chalukyan ruler Manglesha and the major theme was Vaishnavite.

7. Lepakshi/ Vijaynagar Mural's

These painting's were executed on temple wall's during vijayagar period and most striking feature of
these painting's is that inspite painting on tmple wall's they were secular in nature. One more striking
feature is complete absence of primary colour's (Red, green, blue).
8. Nashik Mural's
They were also fresco mural and were entirely buddhist's.
Miniature painting
1. Pala School

They were mostly manuscript painting's done on Palm leaf or Paper and theme was mainly buddhist.
11th -12th century is the period of pala ruler's.
2. Western Indian School

The school flourished in the state of Gujrat but the western style of paintings was also found in U.P and
central India. These were also a kind of manuscript painting but theme was Jaina, apabhram's school's it
originated in Mewar region of Rajasthan and also in Gujrat, theme was mainly Vaishnav and Jain,
Miniature painting during Mughal Period

1.Use of brilliant colour's

2. Accuracy in line drawing
3. Variety of themes were painted including various flora and fauna.
4. Realism was the key note of the Mughal Painting.
5. Ornamentation was also one of the important feature and arabesque designs were painted.
6. Use of foresightening technique to create illusion of 3 dimensionalities.
(Foresightening technique: Objects are drawn in a way that they look closer and smaller than they
really are).
Himanyun

He brought with himself two painters from persia whose names are Abdus Samad and Mir Sayyid Ali
who were emplyed in the court of Akbar and with their arrival persian shafabi style replaced the timurid
style of painting.
Akbar

He established different departments of painting known as karkhana, he looked upon painting's as a

mean's of study and amusement and regularly gave award's to the painter's. He opened the gates of
Mughal painting to Indian people also and from this point onward's Indian influence got started in
Mughal painting. Three important hindu painters were there in court of Akbar. Daswant, Basawan and
Kesudara.
(Hamzanama Series: Though the mughsl psinting's were not religious in nature but hamzanama series
which depict's the life of amir hamza uncle of prophet is a religious painting.)

Jahangir
Mughal painting reached it's climax, Jahangir himself was a great painter and he was a naturalist hence
he preferred the pictures of flora and fauna, he also started portrait painting and painting's used to have
decorated margin's.

Shahjahan
To much use of gold and silver in apinting's, use of light and shadow effect, which can be
said to be influenced from the european style. Pencil sketching became the wide theme.
Regional Schools of Painting
Rajasthan School (Common Features)
Major theme is Krishna and Jaideev's Geet Govinda.
The skin colour of krishna is alway's shown in blue colour.
Every Rajasthani school exaggerates the painting style.
In most of the painting's hair of woman are not tied but let open.
1. Mewar
These paintings were called as Raagmala painting, as these were based on Ragas, these were fusion of
painting, poetry and music.
The paintings were of inferior quality but it was very popular among the common masses.

2. Kishangarh
Here the major theme is portrait or love scenes of Radha and Krishna

Features
Liberal use of gold colour's.
Almond shaped eyes.
One of the famous painter Nihal Chand developed extraordinary mannerist style which
exaggerates the slender curves and almond eyes of figure, most famous painting is Bani
Thani.
3. Bundi School (Theme: Local Vegetation, Love scenes)
Not slender curves but round shapes are there, but nose is pointed, use of gold is there.
4. Malwa Painting (Theme: Rasikhpriya)
It is a love theme and has all the features of kishangarh school.

Pahari Painting
Kangra
Lord Metcalf discovered pahari painting's in Kangra valley in 1835, major theme of kangra is love
scenes of radha and krishna, further the poetry's of Jaydev are translated into painting's.

Thanka
Found in ladakh region, the influence is chinese which is represented from te dragon's in painting, the
paintings are entirely buddhist in nature, they also use silk in painting.

South Indian Style

1.Tanjore
It gained prominance under the royal patronage of Tanjore Sarabhoji and Tanjaore shivaji and the
major temes that were painted was flute playing krishna, pranks of krishna, Childhood of krishna and
also few images of Lord Shiva. The most striking feature of Tanjore painting is that it is made on a
glass. It takes three weeks to finish one painting in which one unbleeched cloth is covered on a glass
then mixture of limestone, chalk powder, gum and honey are applied on sketch of the icon. Thousands
of the dots are created to make design and then gold or pearl is pasted on this dot through gum of
Tamarind or Jaggery. Eg Flute playing krishna.
2. Mysore School
It was pattronized by Raja Wodedyar, the major theme is God's and god is of hindu religion, the
striking feature of mysore painting is use of bright colour's and also Gesso Work. Gesso work is a paste
of white lead powder Gambose and gluewhich help's in longer survival of the painting.

Modern Painting
Raja Ravi Verma is called as Rafael of the East and his famous painting is Lady in Moonlight.
Gemini Roy
Famous for paintings of ndian freedom struggle.
Santhal Boy with drum, Makda and also seated woman in Sari.

Cubist style of painting of MF Hussain.

Under this style objects were broken analyzed and reassembled in an abstract form, the striking feature
of this painting is perfect balance between line and color.
 Chapter IV: Indian Music
The earliest treatise on music, drama and dance is Bharat Muni's Natyashastra.

Nada=Sound, is the very basis of creation.

There are refrences to the Music in rigveda, yajurveda, the brahman's and the upnishad's
text's.
Singing formed an intrinsic part of all the sacrifices in the Vedic period. The special
priest 'Udgatar' used to sing the hymns of Rigved and all such hymn's that were sung
constitute samved.
Sam-Ved= Saman(music)+ Veda.
All later Music is considered to have developed from the summon. The science of music
is called as Gandharva Veda, which is an upveda of Samved.
Basics of Indian Music
There are three important features of Indian music. Swara, Raag and Taal

1. Swara:
In general sense Swara mean's Tone or Pitch. The primitive sound OM gave birth to swara. The basic
scale of Indian Music is Hepta tonic.

Sa: Sajda
Re: Reshaba
Ga: Gandhar
Ma: Madhyam
Pa-Pancham
Dha-Dhvya
Ni- Nishabd
All the seven combined are called as Sargam. Swara can be elaborated with the help of Shruti's

2. Raag:
It forms the basis of melody. It is a combination of tones or swara with which beautiful, illuminating
graces are formed. In every raag there should be minimum 5 notes, hence there are three kind of ragas
are there.

Odava Raag: 5 Notes.

Sadhava Raag: 6 notes.
Sampoorna Raag

3. Taal:

Taal's are rhythmic cycle which is an arrangement of beat's in a cyclical manner. The fundamental unit
of Indian rhythmic structure are Thesra (3), Chatusra(4), Khand (5), Misra (6) and Sankeertana (7).
Bharatmuni mention's 32 Taal's, but there are now more than 120 taal's.
Hindustani Music:
The popular belief that separate development of Hindustan from Carnatic was due to Amir Khusrao is
not accepted by many scholars who believe that differences may have developed as a consequence of
regional influence.
The Hindustani school began to follow strictly the time, the season and the mood theory of ragas, there
are six principal ragas in Hindustani Music and these are Time, Season and Mood specific.

Raga Time Season Mood

Hindol Night Spring Sweetness of young couple.
Deepak Afternoon Summer Compassion and Love.
Megha Morning Rainy season Peace and Calm and Courage
Shree Afternoon Winter Love
Malkaun's (Kaushiki) Midnight Winter Youthful love
Bhairavi Morning Autumn Peace and Devotion

Compositions of Hindustani Music

a. Dhrupad (UPSC 2012)

It is the oldest of Hundustani music and it is believed as the mother of all other styles, it
has a vedic origin and emerged from temples thats why it is also called as temple music.
Dhrupad is a serious and sober composition, which demand's efforts from the Vocal
cords and lung's. It starts with an Alap, followed by Jodh then the four-composed
section's i.e Sthayi, Antara, Sanchari and Abhog.
Lyrics are composed in Brajbhasa and it involves Veer and Shringar rasa (emotion).
Theme is mainly religious or devotional.
Raja Man Singh Tomar of Gwaliar popularized it and also in the court of Akbar 3
Dhrupad singers were there Taansen, Swami Haridasand Baiju Bavra were famous
Dhrupad singer's.
Dhrupad is alway's accompanied by two musical instrument's i.e Pakhawaj (Big
elongated dholak) and Taanpura (Kind of a sitar).
There are some famous Gharana's based on Vaani system in Dhrupad.
1. Dagri Bani- Jaipur.
2. Darbhanga bani.
3. Betiyahh.
4. Talwandi.

b. Khayal
 Khayal is a Persian word which mean's idea, thought or imagination, though it's origion
is attributed to Amir Khusro, the form came into prominance due to the effort's of Sultan
mohammed sharqui.
Unlike Dhrupad Khayal is more delicate and romantic i.e theme is romantic, i.e prank's
of lord krishna, and has more freedom in structure and form. Special feature of Khayal is
use of Taan in music. Equal emphasis is given on melody and rhythm and simple ragaas
are preferred, it's performance takes place in two part's one is Bada Khayal (Serious and
Elaborate) another is Chota khayal.
Several singers devised their own system of Khayal as per their musical aptitude and
temprament, these specific musical compositions are folllowed by the successors of the
singer's which led to emergence of several Gharanas.
Main Gharanas are Gwaliar Gharana, Kirana Gharana, Patiala Gharana, Agra Gharana
and Jaipur Gharana.
c. Dhamar
It is quite similar to Dhrupad except it is sung on the Dhamar Taal. Origionally this style
of Music was performed during the festival of Holi, hence also known as holi dhamar. In
contemporary times, it is performed to show the affair between lord krishna and Gopi's
especially in U.P
This musical system was influenced by the Bhakti saints of North India and its greatest
proponent (controbuter) was nawab wajid ali shah of Lucknow who learned it from his
tutor swami thakur das.
d. Thumri
Thumri is based on mixed ragas and in thumri light religious and romantic words are
used, text of the song is very important and it is mainly in Brij Bhasa.
Inspired by Bhakti movement's.
There are two types of thumri 1) Purbi thumri (slow) 2) Punjabi thumri (fast and lively).
Two Gharanas are there Benaras and Lucknow.
e. Tarana

It is composed only for entertainment purpose, as such it has only few meaningful
word's.
Rhythm play's very important role and it is sung in a very fast tempo. It is very popular
among aristocratic class of North India.
This style was initialy developed by camel riders of North west. However, this system
became popular among the singers of Punjab who started to compose fast song's under
this style and it is noted for its quick turn of phrases.
f. Dadra
It is a light classical form closely related to thumri, origionally set in Dadra taal, but later
other taal's such as keherwa was also adopted and has a faster tempo.
Dadra is mostly sung in Urdu and Brajbhasa and themes or topics are more mundane.
g. Qawwali
The form is said to have begun with Amir Khusro.
Small cuplet's were composed in praise of Allah, Prophet Mohammad or Suphi Saint's. It
 is especially performed during the festival of 'Urs'.
h.
Ghazal
Yet another product of persian influence. It is composed of independant couplet's, though
essentially love or erotic poetry there is an underlying sufi element with god as beloved
element it can be interpreted in secular, mustical and philosophical way. Mirza Ghalib
and Bahadurshah Zafar were the famous Ghazal composer's.

Carnatic Music
Sangitsara of Vidyaranya may be regarded as the forerunner of the southern system. In
the mid seventeenth century Venkatamakhin wrote Chaturdandiprakashika which became
the bedrock of carnatic system.
Venkatamakhin devised 72 Melakarta raga system under which any raga, old, obsolete or
even of the future could be brought in.
Components of Carnatic

The vocal form Ragam, Tanam and Pallavi is the main item in Carnatic music, the ragam
is an elaborately improvised alapana in completely free time. Tanam is rhythmic cycle
and it is also unmeasured. Pallaavi is a final section which is a composition of word's
which set's meaning to the song.
There are two popular forms of carnatic music 1) Kriti: Mean's creation 2) Kritanai it
meas to sing. The difference between the two is that Kritnai refer's to the vocal form and
in kriti it is music which is more important.
Male Tritiny
1. Shyama Shastra
2. Shyama Shastra
3. Muthuswami dikshitkar
Female trinity
1. MS Subbhulaksmi
2. DK Pattamal
3. M.L Vasanthkumari.
Similarities between Carnatic and Hindustani Music

1. Basic elements remain same but Carnatic music has much more ragas.
2. Both are having great association with religion.
3. Carnatic is one of the two main sub-genres of Indian classical music that evolved from
Hindu Tradition's, the other sub-generes is Hindustani music, which emerged as a distinct
form due to persian and islamic influences in North India.
4. The central notion's in both these system's is that of a melodic mode or raga, sung to a
rhythmic cycle or tala.
Differences
1. Hindustani music has persian and Islamic influence.
2. In carnatic musician's give equal importance to swara (music) and shabd (words spoken),
while hindustani style gives precedence to swara over shabd.
3. Carnatic style follow's purity of swaras as the principle determining element in
composition of ragas. Hindustani style on the other hand practices the merger of ragas as
the central element in such composition's.
4. Incarnatic style purity of shruti's is there, while in north Indian music shruti's tend to
merge into each other at the time of rendering a raag.
5. Hindustani style follow's strictly the time theory of ragas and related ragas with specific
mood and feeling's while the same is not true for Carnatic Music.
 Chapter V: Theatre
It has been postulated that the excavated ruin's at Sitabenn nad Jogimana cave
represent's the world's oldest amphitheatre, it was Bharatmuni's Natyashastra
where Natak was mentioned, around second century AD.

Classical sanskrit theatre.

Theatre in India begin as a narrative art form, which encompassed
concoction of music, dance and drama, in ancient India plays were
generally of two types

1. Lok Dharmi: These were realistic depiction of daily life.

2. Natyadharmi: These were conventional plays with more stylized
narration and overt symbolism.
3. Ashvaghosh was first classsical sanskrit drama that was written.
4. Mrichkatika was written by sudraka.
5. Kalidasa has written Abhigyan Shakuntalam, Malvikaganimitra,
Vikramovashi.
6. Bhavbhuti wrote Mahaveercharit and Uttaramcharit.
7. Ratnavali - It was wrtten by Harshvardhan.
8. Koothiyatham from kerala is the oldest continuing form of theatre
that has survived since 10th Century AD. The play is performed in
Sanskrit, Prakrit and Malyalam.
Reason's for decline of Sanskrit theatre
1. As Sanskrit dramatist began to diverge toward's poetry, the lyrical
writing started gaining popularity over the dramatic work's. As
Sanskrit became more and more embellish it lost the popularity
among the masses, it was increasingly confined to the religious
sphere and among the brahmin's, while other languages such as
Pali and Prakrit took it's place.
2. With the advent of Muslim ruler's sanskrit theatre took a definite
back seat as dance and music gained patronage.
It can be divided into

1) Ritual theatre 2) Entertainment 3) South India

Ritual Theatre
1. Ankia Nat

During the period of Bhakti Movt folk theatre became popular means of
communication both for performer and audiences. It belong's to assam and it
is a one act play of assam. It was started by famous vaishnav saint
shankardev and his disciple mahadev in sixteenth century AD. Theme is
Vaishnav and Life of krishna.

2. Ram Leela

It belong's to Avadh region of U.P, it is performed at the time of Dussehra, it

is a nine-day play.

3. Raslila

It is performed in Brij UP and Gujrat.

4. Bhoota

Theme is ancestor worship. (Bhoota folk Music belong's to Kerala)

5. Theatre of entertainment Bhavai (Gujrat and Rajasthan) in kutch and

Kathaiwar peninsula.

This is also called das Vesha or Swang. Theme is generally romantic.

6. Daskathia

Popular folk theatre of orissa it is accompanied by wooden musical

instrument called Kathia. In this form, there are two narrators’.

1.) Gayak: Cheif Singer and Pallia who is co-narrator.

Garodas are community of gujrat and their theme is Romance and Valour.
(Khond Tribe from Orissa)
2.) Jatra is a popular folk theatre of eastern India and it was intiated by
Vaishnavite saint Sri Chaitanya. During his travels through bengal he used
the medium of Jatra to propagate the teachings of Krishna.

Later some variant's such as Ram Jatra, Shiv Jatra and Chandi Jatra also came
into existance. Shahi Jatra was another variant found in orissa.

4) Kariyila is from HP and performed during village fair's and festival's.

5) Maanch: The player's devise their own couplet's known as rangat doha
which was used during the play. Theme is mythological.

6) Swang: State is Haryana and Punjab.

7.) Nautanki:

It is performed in North India (UP). It is the most popular form of theatre in

North India which found mention in Abul Fazal's Aine Akbari, the plays are
themed around historical, social and folk tales delivered through dance and
music. The play is alway's accompanied with a drum and a nagaada.

8.) Oja pali:

It is narrative theatre of assam and is associated with serpant godess Manasa.

9.) Powada

When shivaji killed his adversary Afzal Khan a play was written lauding the
Heroic's of Shivaji which later came to be known as Pawada performed in
Maharashtra.

10.) Tamasha

Theme is humour and erotic, tamasha is performed in region of Maharashtra

and it is known for its humour and erotic element, tamasha is alway's
accompanied by Lavani song's and dance.

11) Villu pattu is popular in whole deccan region. Villu pattu mean's a bow
song and basically it tell's stories from ramayana.
12) Bhand pather:
Theme is events of daily life and it has an element of sattire

Theatres of South India

When sanskrit classical theatre started to decline in North India, theatre
tradition gained popularity in south India as compared to the north Indian
theatre which focusses on music, south Indian theatre emphasized on dance.

1. Yakshgaan (Karnatka)

It is the oldest theatre tradition of Karnatka. It origionated in royal courts of

vijaynagar empire, theme is related with yaksh and vaishnavite.

2. Burrakatha (A.P) Andhra Pradesh

Burra is a percussion instrument; the performance consists of main artist or

narrator and two vanthas i.e Co narrator who provide the rhythm as well as
the chorus.

3. Pagati- Veshalu

It is a folk tradition popular in Telangana and Krishna district of A.P. It is

primarily a role-playing act known as Vesham known as disguise. Bayalata, it
is open air theatre of Karnatka and its theme is worship of local deity.

4. Theyyam from Kerala

It is also performed in local temple for ancestor worship.

5. Krishnattam, Ramnattam and Koothiattam from kerala. They are three

from Kerala.

6. Therukuthu from Tamil Nadu

It is a street play

7. Dasavatar

It is from konkan and Goa, theme is 10 incarnations of Vishnu.

8. Mudiyattu theatre from Kerala

Triumphnof goddes Bhadrakali over Asur Darika.

 Chapter VI: Puppetry
Puppetry has been of long interest in India both for entertainment and
educational purpose, the excavation sites at harappa and mohenjodaro have
yielded puppets with socket's attached to them. However, the oldest reference
to puppetry is found in tamil classic silpadikaram. Bharatmuni in
Natyashastra did not specifically mentioned puppetry but he has mentioned
sutradhar or holder of the string's which indicates to puppetry.

There are four types of puppetry

1. String Puppet
Features
The puppets are generally 8-9-inch miniature figures made out of
wood.
Small wooden pipes are created with the body to form the limb's.
Strings are attached to small holes in the hand's, head and back of
the body, which are then controlled by the puppetere.
Eg Kathputli belonging to Rajasthan, Kundhei from Orissa,
Gombayatta from Karnatka, Bommalattam from Tamil Nadu,
Koya Bomalatta from Andhra Pradesh, Gopalila from Orissa,
Kalsutri Bahulya from Maharashtra, Tarerorsuterputul belong's to
West Bengal

2. Shadow
Features
They are flat figures cut out of leather, the figures are painted
identically on both sides of the leather, the puppets are placed on a
wide screen with light falling from behind creating a shadow on
the screen.
Popular forms are Togalu Gombayatta from Karnatka, Tholu
bomlatta from A.P, Ravan chaya from Orissa, Chamadyachee
Bahulya from Maharashtra, Tolpava Kuthu from kerala.
3. Glove Puppet

They are also known as sleeve, hand or palm puppet's.

The puppetere wear's the puppet as a glove, msnipulsting the head
with his index finger's.
Eg Povakuthu from Kerala, Sakhi-Kundhai Nach from orissa,
Benair putul from West Bengal.

4. Rod Puppet
Rod puppets are larger variation of glove puppet and are controlled
by rods by the puppetere, it is very popular in eastern India,
Kathikundhai nach from Orissa, Danerputul nach from
Westbengal.
 Chapter VII: Calander
Solar Year

It is time taken by Earth while revolving in its orbit arond the sun, it has 365
day's 5hrs, 48min and 46sec. It consist's of 12 lunar month and each lunar
month varies from 29.26 to 29.80 days to revolve around the earth. Finally, it
gives period of
354 day's in a lunar year

Lunar year

1 lunar month is period between one full moon or new moon to next full
moon or new moon, if the month is calculated from purnima to purnima it is
called purnimatasya and when it is calculated from new moon to new moon it
is called amanatasya.

1 lunar year is of 354 days which is necessarily short of 11 days to the solar
year, the difference is accounted for an intercalation to make the lunar year
conform to the solar year. An intercalary month is introduced every 2.5
month's in lunar year to adjust it to the solar year, this extra month or
intercalary month is called as Adhikmaas (mean's ek adhik year).

There is a concept of grahan or sankraman in every month due to the

movement of sun. But when the adhik mass is added no sankraman happen's
and in one of the other month's two grahan happen's which is called as Mal
Maas.

Classification of calander's

1. Vikram Samvat

It started from 56 BC before christian era and is practiced all over India
except Bengal. This calander was started by king Vikramaditya to
commemorate victory over shaka ruler's, it is a lunar calander which has 354
days, 12 months and addition of Adhik Mass.

2. Sakasambhad
Got started in 78 AD and initiated by king sallivahan of shaka dynasty in 78
AD. This sambhad is considered as the national calander of India and the
calander start's with 22nd March of each year and in leap year 23rd March.
In this calnder months are lunar and year is solar which means that after the
calculation of each month days are adjusted to make the final count 365 days.
First Month
1. Chaitra
2. Vaisakh
3. Jhestaha
4. Ashaha
5. Shravana
6. Bhadrapada
7. Ashwin
8. Kartik
9. Margshirsha
10. Paus
11. Magh
12. Phalgun

3. Hijri Calander
It is Arabic calander, Hjraat is death of prophet mohammad, 633 AD is the
zero year of Hijri calander,it is a lunar calander which consist's of 12 months
and 354 day's there is no intercalary month. Which means's that it fall's short
of 1 year every 30-year compared to gregorian calander.

4. Gregorian Calander
Zero year is birth of Jesus Christ, 365 days , 5 hours , 48 min and 46 second.
Widely practised all over the world.

5. Zoroastrian Calander
It commences from 632 AD, there is a concept of two new month's in a year
and the first month is Jamshedhi Navroz on 21st March and second is
Kadami Navroz on 31st August.
 Chapter VIII: Literature
Sanskrit Literature
It is the mother of many Indian Languages. It is divided into two categories
1. Vedic. Rig, Yjur, Atharva and Sam.
2. Classical: Literature, Grammer, Science, Math's and Astronomy.

Astraddhayi grammer of sanskrit by Panini.

Some important book's of Buddhism like Mahavastu of Hinyana
School and Lalit Vistara of Mahayan School was written in
Sanskrit.
Sanskrit is the only language that transcended the barrier's of
religion and boundaries.
Vedas

They are the earliest known literature in India, it literally mean's knowledge,
there are mainly four vedas and each consist's.
1. Samhitas
2. Brahman's
3. Aranyakas
4. Upanishad's
Rig Veda

It is earliest collection of 1028 hym's in vedic Sanskrit, most of the hymn's

spoke of beautiful discription of nature, universally recognized higher values
of life such as truthfulness, honesty, dedication, sacrifice, politeness etc.
The prayers are for seeking the worldly prosperity and for the development of
highly cultured society, it also provides the knowledge about social, political
and economic condition of Ancient India.
Yajurveda:

Yajur mean's sacrifice or worship, it contains mostly rites and mantras of

different sacrifices. It gives direction to the performance of Yajnas, it is the
most popular of four vedas.
Yajurveda is divided into two part's Krishna Yajurveda and Shukla
Yajurveda.
Taitreya from Krishna yajurveda and Shatpanth from Shukla
yajurveda.
Sam mean's melody or song, this consist's sixteen thousand Ragas
and Ragini (Musical Notes), it is considered as veda of music and
gandharvaved which is an upved of samved is considered as
science of music.
Rig, Yajur and Samved combinedly are called as Trajii(Sounded-Trai).

Samved

It is also known as Brahmaved it contain's treatment of 99

diseases.
Source of this veda is traced to two rishis i.e Rishi Aharva and
Rishi Angirah.
It gives detail information about family, social and political life of
later vedic period.
Some important brahman text of Atharva ved are Tandav,
Panchvish and Jaimaniya.
Samhita
These are the books of mantra and Benediction (Kripa).
All the four vedas has their own samhitas. Though samhitas are
not limited to vedic text only. But also, there are many post vedic
samihtas,
Samhitas are basically books of hymn's but without explanation.
Bramhan's
Bramhan's were written after the vedas were completed and it
 gives a detailed account and explanation of vedic ritual's.
It gives instruction's and deals with the science of sacrifice.
Aranyak's
These are the latter portions of Brahman.
It deals with soul, birth, death and life beyond it.
These were studied and tought by the men in Vanaprastha.
The Upanishad's
Upa+Nishad, means to sit down near teacher.
It is derieved from the sanskrit wor up which mean's nearby and
nishad which means to sit down, it signifies the group of people,
who sit near the guru to learn from him in guru shishya parampara
or tradition.
Upanishad's mark the culmination of Indian thought and these are
the final parts of the veda, it contain's abstract and difficult
discussions of ultimate philosophical problem's and they were
tought to the people at the end. That is why they are called as the
end of the vedas.
Upanishad's deal with question's like origion of universe, life and
death, material and spiritual world and nature of knowledge.
Puranas
The word purana menan's the one which renews the old.
The puran occupies the unique position in the sacred literature of
the hindu.
They are next in importance only to veda and epic's.
Puranas are almost alway's mentioned along with itihas.
The purana were written to illustrate and expound the truth of
vedas. These are mythological work's which propogates religious
and spiritual messages through Parables and Fables. They follow
the lines of two great epic's Ramayana and Mahabharat.
The earliest puranas were compiled in the gupta period, there
origion can be traced as far back as the time when buddhism was
gaining importance and wa the major opponent of brahmanic
 culture, there are said to be 18 puranas and about same no of
uppuranas. Brahma puran, Bhagwat, Vahyu, Agni, Matsya and
Garud.
Pali and Prakrit
Both were the spoken languages of Indian's after the vedic period.
Prakrit in the widest sense of term was indicative of any language
that in any manner deviated from the standard one i.e Sanskrit.
Pali is Archaic prakrit.
These were adopted by buddhist and jain sect's in ancient india as
their sacred language, lord buddha used pali to give his sermon's.
Buddhist literature

1. Canonical Literature: Canonical literature was strictly written in Pali and it

was best represeted by tripitak. Tripitsk sre 1) Vinay pitak containing
monastic rules of buddhist's. 2) Suttapitak : Contain's speeches and dialogues
of buddha ) Abhidhamppitak: It elucidates various topics of ethic's,
psychology and theory of knowledge.
2. Non-Canonical literature: It includes Jatak Katha, in which stories relating
to the former birth of buddhas are narrated, these stories propogate buddhist
religious doctrines and are available in both sanskrit and pali. Jatakas also
through invaluable light on social and economic condition's ranging from
sixth century BC to the second century BC.

Therigatha: It was written by female monk's and it describes woman's

experience of renunciation and it is important because it is one of the few
surviving Indian text composed by woman.

The srilankan chronicles i.e Dipavamsa and Mahavamsa contain's historical

and mythical accounts of buddhas life and it is very important source to study
the spread of Buddhism outside India.
Jaina Literature
Prakrit literature offer's information's regarding histories and
doctrines of Jainism, doctrines of rival schools, the life stories of
saint's monk's and nun's in the sangha, it also gives information
about cultural history of their time.
The Jain text were written inprakrit and compiled in sixth century
AD in vallabhi in Gujrat, the important works are known as anga,
upanga, prakirna , chendab sutras and Purbas.
Jainism helped in the growth of rich literature comprising Poetry,
Philosophy, Grammer and Mathematic's.
Jaina work contain many passages which help us to reconstruct the
history of Eastern U.P and Bihar.
Upamatibhara prapanch katha was written in sanskrit by
Siddharashi.
Tamil or Sangam literature
Sangam mean's fraternity indicating mainly two school of poet. 1)
Aham: Subjective love poem 2) Puram: Objective public poetry
and heroic's.
Sangam literature consist's of 18 work's in which 8 are anthologies
of poem and 10 are long poe,'s, they are well known for their
directness and expression, it was written by473 poet's out of which
30 were woman, the famous poet is avaiyyar being one of them
Some important sangam text
Tolkappiyam-Tamil grammer
Tirukural-Written by tiruvallur-It serves as a manual percept to
guide one to noble living. It expound's a secular and practical
attitude toward's life, it also gives vivid account of tamil society
and also talks about the condition of woman in society.
Of late tirukural has become guiding principal of tamil society.
Apart from that there are two epics’ written in sangam period.
Twin tamil epic,

1. silpaddhikaram: It is story of an anklet and it was written by

 Illango Adigal.
2. Manimekalai: Written by satynar, both give vivid accounts of
Tamil society during that period.
Another striking feature of tamil literature is vaishnav bhakti literature,
Alwar's and Nayanar's sang and wrote in praise of vishnu and shiva, the sect
of alwar poets included a famous woman poet Andal.

The Indian people speak languages belonging to four major distict families
1. Austric.
2. Dravidian.
3. Sin Tibetan.
4. Indo-European.
Inspite of this four-language group's there is an Indian characterstic running
throgh this language group.

Tamil is the oldest dravidian language and it has preserved most of the
dravidian character's.

Persian literature in India

It came to India with the Ghaznavid's and ghuri's.

The age of the rule of khilji dynasty was a great period for persian
literature in India and two outstanding personalities of that period
were

1. Amir khusro.
2. Sheikh naimuddin hasan also known as Hassan-i-dahlavi.
Five masterpieces of Khusro in Persian.
1. Khamsa
2. Stirin Khusrao.
3. Laila majnu.
4. Aine sikandari an Hasta- Bihist.
5. Humanyunama by Gulbadan Begam
6. Akbarnama- Abul Fazal.
 7. Tuzk-a-babri by Abdul Rahim.
8. Tujk a jahangiri by Jahangir
Urdu literature
Khadiboli gave rise to Urdu.
The wetern surashani upbrahm's is the source of grammatical
structure. Though the vocab of language it's idiom and phrases
owed heavily to persian and turkish.
The term urdu literally mean's camp, Amir khusro was the first
person to employ the language for literary purpose however it was
in deccan in the bahmani golkonda and bijapur court's that it first
achieved literary status.
Tughlaqnama and Nuh-siphir was written by anmir khusro.
 Chapter IX: Temple Architecture
Gupta period mark's the beginning of temple architecture in India.

North India

Development of temple architecture in North India. Top is conical called Shikar.

Entire temple is built on a stone platform with step's leading to it.
Garbgriha is the place for main deity. Mandapa is the place for standing of worshipper's
Unlike Dravida(South India) does not have elaborate boundary wall's and Gateway's.
Earlier temples had only one Shikhara later had many, Garbgriha is directly located
under the tallest tower.
1st Stage
Temples had a flat roof, and this flat roof was lintel.
Temples were square in structure.
Low platform.
Shallow pillar approach.
Eg Temple no 17 at Sanchi.
2nd Stage
The temples build during this phase continued most of the features of earlier phase,
however the platform's were higher or upraised. Some instances of two storeyed temples
have also been found.
Another important addition of this phase was a covered ambulatory passageway
(pradakshina path) around the sanctum sanctorum(Garbha griha). Eg Parvati Temple at
Nachna kuthara in Madhya Pradesh
3rd Stage

The stage shows the emergence of shikharas in place of a flat roof.

 However the shikara were still quite low, and almost curvilinear.
This stage is said to be the successor of Nagara school of temple architecture.
Panchayatan style of temple making was also introduces during this period. (P 2015)
Panchayatan Style temple making

In Panchayatan style of temple making there were four subsidiary shrines along with the temple of
principle deity Eg Dasavatar Temple at Devgarh U.P
4th Stage

The temples of this stage were almost similar except that the main shrine became rectangular eg Their
temple at sholapur Maharashtra.
5th Stage
In this stage circular temples with shallow rectangular projections were introduced Eg Maniar Math at
Rajgir in Bihar.
Nagara School
It was the success of third stage of temple making, so it had all the features of it.
It started to develop in fifth century AD onward's.

Features
Presence of curvylinear tower i.e Shikhara.
Covered ambulatory passageway.
Square temple.
Crucified ground plan.
Pillared approach and upraised platform.
Absence of water tank inside the premise of the temple (unlike Dravida style of temple
making).
Concept of ratha's i.e division of each wall into a vertical plane emerged during this style.
The shikhara of Nagara school are generally of three types

1. Latina/Rekh-Prasada: Simplest one with square base and wall's turning inward at the top i.e a
sharply risin tall tower is called as latina or the Rekha-prasada type of Shikara.
2. Phamsana: Building's are broader and shorter than the latina ones. Roof's composed of several slab's
that gently rise to a single point over the top of the building.

3. Valabhi Type: Rectangular base with a roof that rises into a vaulted chamber. The edge of these
chamber's is rounded. They are the oldest and are influenced by Buddhist rock cut Chaitya caves. Eg
Nandi Devi, Navdurga Temple Jogeswar.
Sub-school's of Nagara

1. Orissa
2. Chandel
3. Solanki
1. Orissa School
Features of orissa school
The exterior walls are lavishly decorated with intricate carving's, but interior walls were
plane.
There is no use of pillar's in orissa style, instead iron grids are used to support the
roof. The shikhar's in orissa school are known as Deul. They are almost vertical till a
point than it suddenly curves inward sharply.

The mandap's are known as Jagmohan in this region, the ground plan of this temple is a
square.
Temples are surrounded by a boundary wall, departing from Nagara.
Amalaka and Kalasha constitute the Deul.
Trishul at the top is called Finial eg Sun temple at Konark (Black Pagoda) it is east
facing, Jagannath temple at Puri and Lingaraj temple in Bhubneshwar. (P 2014).
In Jagannath puri deities were made of Wood, Navkalewar is held to replace the wooden
deities with new ones.
2. Khajuraho/Chandel School's
Developed under Chandel Kings of Bundelkhand.
In these temples both the interior and the exterior walls are lavishly decorated with
carving's.
The sculptures were erotic in themes and draw inspiration from Vatsayana and
Kamasutra.
The temples had three chamber's 1. Garb Griha 2. Mandap 3. Ardh Mandap
Some temples had a vestibular entrance to the garb griha known as Antral.
Shikhar is curved for its whole length, and miniature shikhar's emerge from the central
tower.
Panchayatan style of temple making was followed, even the subsidiary shrines had Rekh
prasad shikhara, this creates an impression of mountain range.
Temples are built on a relatively high Platform. Eg Kandariya Mahadev Temple and
Lakshman Temple.
3. Solanki School
The Chalukya Solanki Kings of Gujrat Patronized this School of Architecture.
The temple walls are devoid of any carving's.
The Porticos/Chajja have decorative arced gateway's.
The unique feature of this school is the presence of step tank, known as surya kund.
The step tanks are formed of small temple's.
Rani-ki-vav Stepwell was given World Heriage Status by UNESCO.
Most of the temples are east facing and designed such that every year, during the
equinox, Sunray's fall directly into the central shrine. Eg Modhera Sun Temple in Gujrat.
In Mount Abu, the Vimala, Tejpala and Vastupala temples also exhibit this style.
Outstanding feature is Minute and Lovely decorativeness, the influence of the
woodcarving tradition of Gujrat is evident in the Lavish carving and sculpture work.
 South India (Dravida)
Dravida style origionated in Gupta period
Stages of development of temple architecture in South India. Top is Pyramidal called Vimana

Temple architecture in South India began under Pallava ruler Mahendra Verman. The temples
developed during this period can be classified into four stages chronologically.
1st Stage Mahendra group stage
The temples built under this stage are basically Rock cut cave temples and these temples
were known as Mandap's. Unlike the Nagara style in which Mandap's meant only the
assembly hall.
2nd Stage Narsimha group stage
Narsimha group stage. The rock cut cave temples were decorated by intricate sculptures,
under Narsimhverman the Mandap's were divided into separate Ratha's (Veritical
divisions of wall, each division having separate deity). The bigget one was called
Dharmaraj rath while the smallest one was called Draupati rath.
Polishing and decoration started inside the rock cut cave temples.
3rd Stage Rajsimha Stage
In this stage temple architecture moved outside the cave structure and the real structural
temples were started.
This third stage is the main stage from where Dravadian style of temple making started.
4th Stage Nandivarman group
During this period Temples were smaller in size but features were almost similar to third
stage.
After the decline of Pallava dynasty, temple architecture acquired a new style under chola kingdom
known as dravidian style of temple architecture, this marked a new era in development of temples in
southern India

Dravida Style of Temple Architecture

Features of Dravida Style

Unlike the Nagara temples dravidian temples were surrounded by high boundary wall's.
The front wall had a high entrance gateway known as Gopuram.
The temple premise was led out in the Panchayatan style with the prnciple temple and
four subsidiary shrines.
In the dravidian style the topmost feature is known as Vimana and Viman is a graduated
pyramidal structure, rather than curved shikhar. Vimana consist's of gradually receding
stories and each story is delineated by a parapet of miniature shrines, square at the
corner's and rectangular with barrel vault roofs at the centre.
In South Indian temple, the word Shikhara is used only for the crowning element at the
top of the temple which is usually shaped like a small stupika or an octagonal cupola.
The Cupola is equivalent to Amlak and Kalash of North Indian temples. There is also a
fiinial over the cupula.
This vimana is also known as Kutina.
 The assembly hall relates to the Garb Griha by a Vestibunal tunnel known as antral.
The entrance of Garb Griha had sculptures of Fierce Dwarpal, Mithun and Yaksh. In
North/Nagara Ganga and Yamuna was there.
The presence of water tank inside the premise is unique feature of this style.
Example
Brideshwara temple in Tanjavore
Gangaikondcholapurm temple, it was built by Rajndra 1 to commemorate his victory in
Gangetic Delta.
Airavateswara temple and it's Kund
Remember all are dravidian temples if q comes by name than wrote dravidian.

Nayaka School

It rose on the fall of Vijayanagar Kingdom and it has all the features of Dravidian Style, it was also
known as Madurai style.
Features
1. Presence of Prakrams or Parakram's are huge corridore's along with roofed ambulatory
passageway's. It served to connect various parts of the temple while enclosing certain
areas.
2. The gopuram's built under this style are one of the largest and the meenakshi temple in
Madurai has the tallest Gopuram in the world. The art of gopuram reached its climax in
this style. Eg Meenakshi temple also called as sundereshwar temple.
3. Srirangam temple complex in Tanjavur is the largest temple complex in the world.
4. Eg Is Meenakshi sundreshwara temple at Madurai, this great temple has two shrines one
dedicated to Shiva as sundereshwar and the other to his wife Meenakshi.It has all features
of Dravida and has additional Parakram's
Vijaynagar style
Some variation to the common trend was introduced in Vijaynagar style, they introduced
the concept of high enclosure wall's and decoration of these walls with more decoration
on Gopuram's.
Sculpture or motif of supernatural horses was frequently used, then
They introduced the concept of Amman shrine which is the chief wife of main deity,
apart from this they also introduced the concept of secular building's eg Lotus Mahal.
Another notable structure of this style is Kalyan (South India: Marriage) Mandapam. Eg
Vittal swami temple humpy.
Other Temple's
Vesara Style/Chalukya/Karnatka Style

It consisted the hybridized style of Dravida and Nagara style of temple.

Mainly it was there in Karnatka, also known as Karnatka school of architecture which
flourished under later Chalukya leader's, in mid-17th Century.
Features:
1. Emphasis on viman and Mandap.
2. Open ambulatory passageway.
3. The pillar's doorway's and ceilings were decorated with intricate carving's.
Eg Doda Bassapa temple in Karnatka, Ladkhan temple at Aihole, Durga temple at Aihole, Temples at
Badami
Hoysala style

Developed near Mysore in Karnatka under Hoysala ruler's

Features
Multiple shrines were built around a central pillared hall.
Unlike the crucified ground plan of panchayatan style the shrines led out in the shape of
an intricately designed star, this is known as steallate (star) ground plan Eg Hoysaleswar
temple at Helabed (Karnatka)Chhanakeshwara temple in Karnatka.
River goddesses Ganga and Yamuna are found at the entrance of garbgriha in Nagara
temples.
Dwarpal's found at Gopuram's in Dravida temples.
Mithunas Erotic Images), Navagrahas (Nine Planet's) and Yakshas are also placed at the
entrances.
Deities of Direction's Ashtadipikalas face the eight key direction's in outer wall's of
Sanctum ot temple.
Central India

Ancient temples of UP, MP and Rajasthan share a common trait that they are made up of
sandstone.
Two such temples that survive are one at Udaigiri on the outskirt's of Vidisha, while the
other one is at Sanchi.
Dashavatar temple at Lalitgarh U.P, represent's Sheshayana Vishnu i.e Vishnu on
Sheshnag. The temple is a Panchayatan style of temple.

Lakshmana temple at Khajuraho is another Vishnu temple built in 954 by Chandela king,
It's a Nagara style of temple placed on High Platform accessed by stair's.

Kandariya Mahadeo temple is another important temple of Khajuraho dedicated to Lord

Shiva.
West India (Gujrat)
Sun Temple at Modhera in Gujarat Was made by Solanki rulers who were later Chalukyas, there is a
massive rectangular stepped tank in front of the temple called the Suryakund, at equinoxes sun shines
directly on shrine.
 Chapter X: Ancient Indian Architecture
India architecture for UPSC preparation can be studied in 3 parts
Ancient India (which includes)
1. Indus Valley
2. Maurayn
3. Post Maurayan
4. Gupta Age
5. At the same period of gupta same period in south India were Pallavas and Cholas

Medieval Indian (1200) which includes

1. Delhi Sultanate
2. Mughals

Modern India which includes

1. Indo-Gothic
2. Neo Roman
Indus Valley Civilization

It started in second half of the 3rd Millenium Century and developed on the banks of
river Ghaggar and Hakra.
Main site of this civilization was in Pakistan/Harappa. Recently some spices were found
and it was suggested that curry was known to Harappan people.
In India, sites are Lothal and Dholavira (Gujrat), Rakhigarhi (Haryana), Ropar in Punjab,
Kalibangan and Balathal in Rajasthan and Daimabad in Maharashtra. Mohenjodaro and
Harappa are in Pakistan.
Salient Features of Indus Valley Civilization
Seal's
Triangular, Circular, Square, Rectangular piece of clay or fire baked clay i.e (Terracotta)
or Metal.
Some seals were also of steatite (Magnesium), ivory and gold
Seals were pictographic i.e Pictures were made up on seal. eg Pashupati Seal, Symbol's
like pie 22/7 were there.
Pashupati Seal and Unicorn Seal.
Use of Seal's were: Medium of trade, Used as Amulet (Taabeez) to ward of the evil.

Sculptures
Two types of sculptures were found Bronze (Copper and Tin) and Terracotta. Copper is
found in Kheri mines in Rajasthan, Tin was bought from Afghanistan.
Bronze sculptures were made by Lost wax techniques.
Two male figurines in stone one is a torso in red sandstone and the other is a bearded
man in steatite (soft river stone).

Pottery
Indus pottery is wheel made very few were hand made.
To store grain's, food and water.
For decoration, miniature vessels are found. They were used for decoration; perforated
pottery was there for straining liquor.

Bead's and Ornament's

Made of pearl, ivory, wood etc.
Cosmetic's
Cinnabar (Mercuric sulphide), Collyrium (eye liner), Kajal was used (kajal acts as a
coolant).
Extensive town planning
Q How Indus valley civilization provides input to the contemporary period (Main's 2014 ).
There was a concept of Citadel which was made on a raised platform. It was a place for
ruling people.
On the eastern side of the town were houses for the common folk's.
Whole towns were surrounded by raised wall's.
Road's used to cut at right angles.
On the sides of these road's drains were there, which were covered with stones.
Every house in common area was connected with the well and it was also connected with
the drain's.
Houses were made of fixed size of the brick's. Bricks were burnt brick's.
There was a provision for great bath which had stair's leading to pond and rooms were
there surrounding it.
Granaries were found for storing thing's. Granaries were having strategic air ducts.
(Similar to Silo’s)
 Mauryan Period Architecture
Mauryan Architecture (Ashoka 250-232 BC)
Shraman (Sanskrit: One who strives for enlightenment) Tradition gave rise to Buddhism
and Jainism, they follow shraman tradition by becoming Parivrajak (Homeless
wanderer), when Ashoka came into being he started patronizing this tradition. Ajivika
and Carvak sect also originate in shraman tradition.
Ashoka started patronizing shraman tradition and in patronizing this he is practicing this
tradition.

Pillar's

Sarnath Pillar
Ahemenian Pillar's (west).

Differences between Mauryan Pillar and Achmenian pillars

Mauryan Pillar Achmenian Pillar's

Made of single stone (Monolithic), or rockcut. Made in pieces
Highly polished Highly Polished
Display's Carver's skill Low level of carver's skill

Mauryan pillars have height of around 40 feet, Pillars are tall tapering with sculpted capital,
incorporating a series of fluted petal's in elongated shape, (which falling together takes the shape of a
bell, commonly called Persepolitan bell) surmounted by a square or cirular abacus ornamented with
floral or a animal motif's in relief. The top portion is carved with capital figures like the bull, lion, the
elephant etc. Made of either red and white sandstone or are buff coloured made of fine grained hard
sandstone from the region of Mathura.
Purpose of Mauryan pillar's
Pillars were erected either to mark a sacred site associated with the Buddha's life or to
commemorate a great event.
It was used for propagating Dhamma i.e a Buddhist Doctrine or for imperial sermon's.
Important pillar's in India
Bull capital pillar at Rampurva.
Lion Capital of Sarnath. (Built in commemoration of first sermon i.e
Dharmchakraparivartan of Buddha at Sarnath). Built by Ashoka.
Lion capital at Laurya-Nandangarh.
Basarah-Bakhira.
Sankisa.
Ashoka pillar (Some important points)
It has five components’
A voluminous roaring lion figure standing firmly on circular Abacus which is carved with figures of
lion, bull, horse and elephant. The surface of the sculpture is heavily polished which is common for
maurya age.
1. The lotus bell base.
2. Drum on the bell base with four animal's proceeding clockwise.
3. The figures of four majestic lions
4. The crowning element, the Dharamchakra. (large wheel, now broken).
Stupa

Stupa is a Sanskrit word it is basically a burial mound's, stupas were existing before
Buddhism and it was part of the Vedic culture for meditation of great saint's, but it was
practiced at a low scale, after buddha died it was started on a larger scale. Ashoka was
the main force behind.
Initially stupas were constructed over the relics of Buddha at Rajgraha, Vaishali,
Kapilavastu, Allakappa, Ramagrama, Pipalvina, Vethapida, Pava and Kushinagar.
Calm and Glad policy of Ashoka: One of the Ashoka's goal was to provide the new
converts with the tools to help with their new faith. Before his death, he directed to erect
stupas to make heart of many calm and glad.
He aslo believed in the Karmic thing's written in Avadana Sutra (Dhamma) which say's
the merits of building stupa. If a practitioner build's stupa, he or she will not be reborn in
remote location or extreme poverty.
4 gates are related to four life events of Buddha. Birth, Enlightenment (Nirvana),
Dharmachakraparivartan (First sermon of buddha at sarnath), Death (Mahaparinirvan).
Fifth can be Renunciation (Griha tyag.)
Anda has ashes of Buddha, surrounding it were unburnt brick's and there was burnt
brick's surrounding it.
Jataka stories (stories from life of buddha) were engraved on railing's and toran's of
stupas.
Among the Jataka stories the frequently depicted are Chhadanta Jataka, Vidurpundita
Jataka, Ruru Jataka, Sibi Jataka, Vessantara Jataka and Shama Jataka.
Egyptian Pyramid's Stupas
Burial ground's Burial ground's
Mummies Ashes
Microcosm's (small type of) of Universe Microcosm's (small type of) of Universe
Believe in rebirth Believe in rebirth

Eg Stupa at Bairat in Rajasthan.

Sanchi stupa etc.
Caves
Mauryan caves were one of the first examples of rock cut architecture.

1. Lomus Rishi Cave (Barabar hill’s near gaya in bihar): Made by Ashoka for Ajivika Sect/People.
Resting place for Ajivika people. Artistic semi-circular gateways were there and inside the cave many
chaitya halls were there. The facade of cave is decorated with semicircular chaitya arch.
2. Nagarjuni Caves.
3. Sudama Cave.
4. Dhauli elephant cave.
Bhimbetka cave/ Earlier Caves

In caves engravings were there, Petroglyph paintings were there.

Caves
1. Polishing inside the cave.
2. Making artistic gateway's.

Sculpture

During Ashoka's Period

1. In the Mauryan time folk god and goddess were there called Yaksh(male) and
Yakshini(female) which were objects of worship, all the major religions of that time were
having the element of folk god and goddess.
2. In Jainism, there is a Yakshini for all 24 tirthankar's.
3. In Buddhism Yakshini is portrayed on the Toran of every stupa's, one Yakshini is
Salbhanjika.
4. Yakshini is also worshipped in Saptamatrika puja of hinduism. Even silpadigaram
(Sangam literature) mention's about Yakshini.
 5. Most famous is Yakshini sculpture of Dedarganj near Patna.
6. Yaksh from Parkham in UP.
7. Yaksh from Pavaya is near Gwalior M.P.
8. Very significant feature of mauran sculptures was that all these were polished.
Pottery
Climax of pottery making.
Northern black polished ware (NBPW) was the name of pottery.
These potteries were highly polished and lustrous, they employed levigation method to
make soil particles finer. This fine clay was used to make pottery.
Post Mauryan Art

Many people came to India after Ashoka, Guptas, Shungah, Kanvas, Indo-Greek's (Kushana's), 3 types
of Buddhist caves developed at that time.
Classification based on structure

1. Apsidal-vault caves with pillar's. Apsidal shape below.

2. Apsidal-Vault cave without pillar's.

3. Flat quadrangular hall.

Classification based on Purpose

1. Chaityas: Prayer hall for worship. They have apsidal roof's/ Chaitya hall's.
2. Vihar: Residence place for monk's. It consist's of a Veranda, a hall and cell's around the walls of
hall's. Eg Ajanta Cave No 12, Bedsa Cave No 11, Nashik Cave No 3, 10 and 17.

Stupa
Stupa: In mauryan period stupa reached its climax so only small changes happened.

1. In this period vedika was first enclosed by wooden fence and later replaced by massive stone
balastrade.
2. The second pradakshina path was added to Sanchi stupa in this period. In this phase people started
worshipping Manushi Buddhas who were placed inside the stupa.
Basis Gandhara (North-West frontier) Mathura
Influence Greek-o-roman or Hellinistic Purely Indigenous/ No outside influence
Large forehead is greek influence.
Large
Material Grey Sandstone Spotted Red Sandstone
Used

Religious Mainly Buddhist Buddhism, Jainism and Hinduism

Influence
Patronize Kushana Ruler's Kushana
by
Area North-West frontier Mathura
Features Sad/ Sorrow Pleasant figures/More hair/ Rounded figures.
figures/Beard/Moustache/Wearing
less ornament's/Wavy hair.

Special Protuberance behind head. Protuberance from behind.

features Had Mahavira sculptures also.
Hindu sculptures were also there of Vishnu and Shiv
was represented by linga and Mukhalinga.

Gupta Age
Gupta age is considered as the golden age of Indian Architecture and also that of literature. Many great
literary figures like Kalidas, Shudraka, Bhasa were prominant figures of the era.
Kalidas: Meghadootam, Abhigyan Shakuntalam and Kumarsambhavam was written by Kalidas and

Mudrarakshas was written by Shudrak

Buddhcharit by Ashwaghosh.
Guptas were brahmannical by religion but they also showed their empathy and tolerance for both
Buddhism and Jainism. Early gupta period show's emphasis on Hindu art and later also on Buddhist
and Jaina art. Buddhist art reached it's climax during this period and the greatest development in
Buddhist art was cave painting, under hinduism three deities were worshipped at that point of time
Vaishnav(Vishnu), Shiva (South India) and Shakti (In south west Malabar and Eastern India).

Cave tradition:

1. Ajanta Caves

Located in Aurangabad district of Maharashtra.

Purely Buddhist, 29 caves were there, out of 29. 4 were Chaityas and 25 were Viharas.
These caves are carved on the perpendicular side of the cliff. As they are on the
perpendicular side of cliff there are no courtyard's. All three forms of art i.e Architecture,
Sculpture and Paintings are combined in these caves. Fresco Mural painting's inside the
cave are
All the three forms of art are combined in these caves i.e Architecture, Paintings and Sculpture.

Painting's inside the cave:

1. Were mural painting's (wall painting), done on a bigger scale on a non-perishable
material. They were called as Fresco Mural's. In this a layer of clay mixed with cow dung
and rice husk then it is spread on the rough surface of the rock.
2. A coat of lime plaster is done on wall.
3. Surface is kept moist, until the color is applied hence they are called as fresco painting's,
outlines are drawn in red color, then all colour's are used except blue as it cannot be
obtained from the hill's.
4. Chinese Buddhist traveler F-Hien and Hiuen-Tsang referred to Ajanta on accounts of
their travel to India.
5. Paintings were of Dying princess, Flyig Apsara, Padampani and Vajrapani (Buddha is
holding thunderbolt in his hand).
6. Sculptures were of Bhumisparsh mudra.
7. (One hand toward's the earth), In Bhumisparsh mudra buddha is lying down on the
ground while army of mara is approaching to attack him and then buddha tell's them how
saintly he was so the army return's.
Both Ajanta and ellora were developed under Vakataka King's, their courtyer's and the people of their
kingdom.

2. Ellora caves

Another important cave site in Aurangabad is ellora it has 32 caves

• It was from all the 3 religion's.
• 17 bleong to hinduism.
• 12 to buddhism.
• 5 to JainismThese caves were carved out in sloping side of the hill's hence most temples were
having courtyard's.
Cave 10 is a chaitya, dedicated to lord vishwakarma.
Cave 14 is Ravana ki khai.
Cave 15 Dasavatar cave.
Cave 16 Kailashnath temple, it is an architectural wonder as it is carved out of a monolith.
Ellora has even triple storeyed caves while Ajanta only double storeyed caves.
Indrasabha caves inside ellora are related to Jainism.

3. Bagh Caves
They are located in Madhya Pradesh and 9 buddhist caves are there on the banks of Bagh river, it has
beautiful frecos and scuptured caves.

4. Junagarh Caves
Uparkot mean's a citadel (prayer hall), it is ancient fortress with fine specimen of hindu Torana(gate)
and uparkot has many buddhist caves.
The Uparkot's are 30-50 feet high artiicial platform's connected by stairs to the hall.

5. Nashik Caves
South west nashik, and are in Trimbak hill range (godavri origionates from here) of Nashik and these
are 23 buddhist caves. These are called Panduleni meaning a group of caves.

6. Montezir/ Mandapeshwar
3 caves are there, initially they were brahmanical caves and later it was converted into Christian caves.

7. Elephanta Caves

Trimurti is there and in trimurti Brahma, Shiva and Vishnu is there.

Ravana Shaking Mount Kailash.

Sarnath School of sculpture

This sculpture was characterized by the use of cream coloured sandstone and also pink coloured
sandstone, there were also instances of metal sculpture, the sculpture of this school was properly
dressed and avoided any form of nakedness, it was representing fine muslin cloth, it was a kind of
transparent drapery in which folds are easily visible.

The halo around the head of Buddha was intricately decorated, circle around the head.
Eg Sultan-ganj Buddha

Stupa
Guta age saw the decline in development of stupa, however Dhamek stupa at sarnath was a fine
example in the development of period. Stupa development was taken to next level. Eg Stupa-1 at
Sanchi. This stupa has not one but two i.e Upper and Lower pradakshina path and it has four beautifully
decorated Toranas depicting event's and stories from the life of Buddha.

Sculptures

Barhut (Madhya Pradesh)

 Chapter XI: Medieval and Modern Architecture
Before Islamic everything Trabeate (Hindu style)
Indo-Islamic style (NI)- Khilji, Tughlaq, Climax is Mughal's.

Trabeate Arcuate
Lintel Style /Rectangular Arc style
1. Entrance
2.Top Shikhar/Vimana Dome
3. Minar Absent Present
Purpose: Azan Announcement
4. Material's Used Stone Brick, Lime and Mortar.
5.

Features of Indo-Islamic Architecture

Arc and Dome method.
Presence of Minar.
Use of Mortar as a cementing agent. They avoided representation of human being's.
They provided spaciousness, massiveness and breadth to the existing hindu architecture.
Decoration took the form of caligraphy (art of beautiful writing) and Arabesque
(phool/patti) method.
In calligraphy, they angularized persian script and in this they used to write quaranic
verses. Arabesque is a vegetal pattern in which the main stem fold's and unfold's.
Use of geometry in terms of symmetry for drawing geometrical pattern's.

Intricate Jaliwork on the wall's.

Use of water in the premises in the form of courtyard pool's fountain's or small drain's.
They introduced Charbagh style (four gardens were there).
They used Petra dura technique (Opus sectile) it refer's to inlay of precious, semiprecious
stones and coloured marbles and metals on the surface.
Use of foresightening technique.

Arabesque Technique
It's a method of decoration which mean's geometry sized vegetal ornament, it is
characterized by a continuous stem which split's regularly producing a series of counter
poised leavey secondary stem's which can inturn split again to be reintegrated into the
main stem.

Architecture in Delhi Sultanate

Slave Dynasty (1206-1290)
 It is also called as Ilbari dynasty because all the rulers belong to Ilbari tribe except
Qutabudin Aibak who was from slave dynasty. This style developed under them is called
as Mamluk style.
After coming into India, they started converting existing Trabeate structures into the
Mosques.
They also added Minar's to the existing hindu structure. Eg Quwat-ul-Islam Mosque also
known as ''might of islam'' was constructed by Qutab ud-din Aibak around 1197 AD, it
was converted from an existing jain temple. Eg2 Adhai-din-ka -jhon\pra in Ajmer
converted from a hindu temle, Kutub Minar built by demolishing Krishna Temple was
started by Qutab-ud-din and completed by Iltutmish.

Khilji Dyasty (1290-1320)

Style developed under them was called as Seljuk style, they used red sandstone
and incorporated arc and dome method.
Mortar was used as cementing agent eg Alai Darwaza made up by Alauddin Khilji.
The true arch of Khilji's is in the form of a pointed horseshoe.
Delhi

1. Mythologically called (Indraprasth)

2. Lal kot
3. Quila rai pithoda by (Tomar ruler's)
4. Siri fort made by Alauddin Khilji (1304)
5. Shergarh by Shershah suri.
Tughlaq's
Arc of this period was massive, rugged and simple.
They used grey sandstone and employed minimum decoration.
This period was called as crisis period of architecture because focus was on strength
rather than on beauty.
They introduced Battar effect in which the concept of sloping walls are incorporated to
support the main structure.
Tughlaqabad founded by Ghiasuddin Tughlaq, Jaha panah city by Mohd-bin-tughlaq.
Feroz-shah-kotla/ Ferozabad developed by Ferozshah tughlaq.
Sayyid Period
They introduced octagonal tomb's. i.e the base of tomb is octagonal.
Blue enamel tiles were used.
Guldasta pattern was used for decoration.
Lodhi (Lodhi period/Crisis period)
They feared that the dome is weak, so concept of double dome is used.
They also introduced the concept of varanda in the mosque premise parisar.
Sikandar lodhi established city of Agra.
 Provincial Style
Bengal school of Architecture

Bengal school of architecture was characterized by use of brick's and black marble, the mosque built
during this period continued the use of sloping cornices which was previously used for temples eg
Sloping Bangla Roof (Burmese Influence).
Malwa School of Architecture

It is also known as Pathan school of architecture

Feature's

They use large window's which makes the room's well ventillated (It was european influence), the
pavillion's (balcony) were lightly arced which made them airy and allowed the buildings to remain cool
in the heat.
Artificial reservoir's known as Bauli's were constructed in the premise for storage of water.
They used local available material eg Rani Roopmati pavillion and Jahaajmahal, Ashrafi mahal (Mandu
Fort)

Jaunpur School
It was patronized by Sharqui ruler's and their style was known as sharqui style, a unique feature of the
building here is the use of bold and forcefull characters on huge screen's and sideway's of the prayer
hall's. Eg Atala Mosque.

Bijapur School
It developed during the reign of Adil shahi.

Feature
1. 3 arched facet, in which the central arc is wider than the other two.
2. Bulbous dome (Near Spherical).
3. Use of cornices of Chajja.
4. Treatments of it's ceilings was without any apparent support but though the use of iron
clamp's and mortar. Eg Gol Gumbaj Bijapur.

Mughal Period
Neither Babaur nor Humanyun lived long enough to focus on Architecture, babur built only two
mosques one at Panipat and one at Rohilkhand (Meerut to Etawa).
Humanyun laid the foundation of Dinpanah in 1534 it is one of the precursor cities of Delhi

In between Mughals Sher-shah-suri established the city of Shergarh and he built Kila-e-Quahna mosque
and started the construction of grand trunk road. Shershah suri built his own tomb in Sasaram Bihar.
Akbar (1556-1602)
Built agra fort which is made up of red sandstone was initiated by Akbar and completed
by Shahjahan.
Built Diwan-e-aam and Diwan-e-khas and he built Jahangiri Mahal.
Akbar built city of Fatehpur sikri which includes Buland Darwaza, Sikri fort, Salim
Chisti's tomb, he built Panch mahal and Jodha bai palace inside Fatehpur Sikri.
The architecture of Jodhabhai palace and Panchmahal was an amicable mixture of
Trabeate Lintel system and that of Indo-islamic style. He very beautifully employed the
local architectural tradition of chaos and hanging balconies into Mughal's architecture.
Salim chisti's tomb posses one of the finest Jaliwork in India.
Abide from that Akbar also built temple of govind dev at Vrindavan.
Akbar also built Ibadat khana for religious deliberation's and discussion's.
Akbar estb his own religion.
Jahangir
He constructed Akbar's tomb at sikandra but major construction activity was taken by
Noorjahan, who constructed tomb of her father Itmat-ud-daula in Agra.
Petra dura technique was used on wider scale in this tomb. For the first time, there was
complete use of white marble in the house of Mughal architecture.
Jahangir built Moti Masjid and his own tomb in lahore.
Shahjahan
Under Shahjahan mughal architecture reached it's climax, he built the architectural
wonder Taj Mahal in memory of his beloved wife Anjuman Banu Begam/ Mumtaj
mahal. It had all the features of Mughal Architecture.
Apart from Taj he built Red Fort in Delhi then Jama Masjid in Delhi and Shalimar Bagh
in Lahore.
Moti Masjid and Jama Masjid in Delhi.
He established the city of Shahjahanabad (Darya ganj, Chandni Chowk etc) a precursor
city of Delhi.
Aurangzeb
Art and Architecture declined.
Built only Moti Masjid inside red fort Delhi.
Bahadurshah Zafar
Made Rabia-ud-daurani makbara in Aurangabad.
Zinat mahal.
Sikh Architecture
Use of Cornices.
Fluted dome in gurudwaras/ not spherical.
Golden temple whose foundation was led by Guru Ramdas and completed by Guru Arjun
Dev and carried Mughal influence.
Rajput Style
Hanging Balconies.
Romantic balconies. The cornices were built in the shape of an Arc such that the shadow
took the shape of a bow.
Kiosk was also used eg Hawa Mahal Jaipur, Vijay tower Chittaurgarh, Amber fort,
Nahargarh fort, Sawai Madho Singh Palace.

Modern India

Portugese Britisher's
Iberian Style Gothic Style
Material Brick as main material and wooden roof's and Red sandstone and coarse lime.
stair's.
Structure No creation of new shapes or structures. They created new shapes and structures
Variation Replicated whatever was there in Portugal. from whatever was existing in Britain.
Plaster Prominent in Iberian Absent in Britisher's eg Old Goa Church
Carving

Briisher's had two styles

Indo Gothic:
It is also known as Victorian style, as it was a unique blend of Indian, Persian and Gothic style of
Architecture.
1. The constructions were extremely large and elaborate in their execution, the walls were
thinner than in Indo-islamic Architecture.
2. One of the unique feature of victorian style was use of large window's, it confirmed the
advanced british structural engineering standard's i.e Use of steel (steel was first used in
India during this period). Eg Victoria memorial. Victoria memorial was made by William
Immerson. St Paul cathedral calcutta
Neo-Roman Style
Post 1911 the construction undertaken by British authority were done according to Neo-Roaman style.
The architecture of New Delhi was done by Edwyn Lutyn and Herbert Baker.

Features
The constructions were anonymous, without any interesting features.
It was a confluence of all syles of architecture, which made the style congested and
cramped the space of Artistic Expression.
Simplicity Modernity and Utility was highly compromized due to Hybrid nature of
construction.
There was focus on circular building, there was an overuse of oriental motives to realize
Western Architectural design's. Eg Rashtrapati Bhawan, Parliament House, North Block,
South Block.
Architect's of that Period
Karl Heinz: He was a German Architect and was commissioned with Instruction's that
he should stay away from the elements of British or Mughal architecture in Keeping with
Anti-Imperialistic stand of Nationalist and Jamia Millia Islamia Delhi. Heinz used local
available material like sandstone and lime which was easily available. Red sandstone
buildings with white domes, with big courtyard's and windows was the major feature and
this mark's the beginning of modern style of architecture in India.
Le-carbu sier: He designed Chandigarh City he was a French Architect, he dsigned
Chandigarh on a pattern of well ordered Matrix, he considered the idea of sectors on a
well ordered. Regular grid for fast traffick was taken care of in Chandigarh, Concept of
green belt in every sector. Naya Raipur is another new India city based on Matrix.
Charles correa: He was an Goan architect who played pivotal role post independance,
he played special emphasis on prevailing resources energy and climate as major
determinant in the ordering of space. He did pioneer work in Urban issues and low cost
shelter in third world. Planning of Navi mumbai was done by him. British council
building was made by him, he also built low cost houses in slum areas. GRIHA rating for
sustainable buildings was based on his concept.
Nalanda school of sculpture
It started during gupta period and Kumargupt led the foundation of Nalanda, he adopted
200 villages and converted them into Nalanda Art. He also Patronize people and Monk's
from Buddhism and Jainism.
After that Pala People came into being and at the same time in west Bengal Sena rulers
were ther.
Initially Pala ruler Gopal laid the foundation of 4 Mahavihar's ((Vikramshila, Jaggardala,
Odant puri and Nalanda).
Scupture making was also taking shape during this period. Slowly sculpture making
tradition started during the Pala sena ruler's era, the sculptural tradition of this era was
heavily influenced from the Guptas period- Buddhist Sarnath sculpture, combining with
the regional features a new style of sculpture tradition evolved which is distinct in term's
of clothes Jewellery and emergence of New facial features.
The workmanhip of the Nalanda Sculpture was of Highest quality and it is evident from
the rdering of the character's and little crowding effect.
Most of the sculptures were 3D structures.
In Nalanda metal sculpture of bronze was also found, which was made in between the
eleventh and 12th Century A.D, this metal sculpture was also influenced from Gupta,
Buddhis art of Sarnath and Metal sculptures of Mathura.
The Nalanda Art was found in a large area covrig from Sirpur in Chhatisgarh to
Ratnagiri, Udaigiri and Khandgiri in orissa abide from the Native Bihar.
Chola Sculpture: Natraja
It symbolizes Tandava Dance of Shiva.
Features:
The Upper right hold's the drum which signifies the sound of creation Om.
Upper left hand hold's the eternal fire which represent's destruction.
The lower right hand is raised in a gesture in Abhay Mudra, signifying binaddiction and
reassuring the devotee not to be afraid
The lower left hand points to the Upraised foot which points to the path of salvation.
Shivas dance is on the figure of a small dwarf Apasmara, it symbolizes ignorance and the
ego of ignorant individual.
The matted and flowing hair lock's of shiva represent the flow of river ganges. The snake
symbolizes the Kundalini Jagran, kundalini power which resides in Human spine in
dormant stage, if aroused one can attain true conciousness.
Indian Polity
 Chapter I: Fundamental Rights
The FR's are enshrined in Part III of the constitution from Art 12-35. In this
regard, the framers of our constitution derived inspiration from the
constitution of USA i.e. Bill of Right's

Features of FR
FR are not absolute but qualified i.e. the state can impose
reasonable restrictions on them. However, whether those
restrictions are reasonable or not that is to be decided by the
courts. So, a balance is maintained between individual liberty and
social control.
Most of the FR are available against the arbitrary action of the
state and only a few are available against the action of private
individual's.
They are defended by the Supreme Court (SC) so the aggrieved
person can go directly to the SC and not necessarily against the
judgements of High Court (HC).
They are not sacrosanct or permanent i.e. the parliament can repeal
them by constitutional amendment act and not by ordinary act, but
this must be done without affecting the basic structure of the
constitution. FR's as a whole are part of the basic structure of the
constitution and not the individual FR.
They can be suspended in external emergency and not internal
emergency and their application is restricted while martial law is
in force in any area.
FR are called the Magna Carta of Indian Constitution because they
are justiciable or enforceable in a court of law.
Most of them are directly enforceable while few of them can be
enforced on the basis of law for giving effect to them. Such a law
can be made only by parliament and not by state legislature, so that
uniformity throughout the country can be maintained.
 Details of Fundamental Rights Article-12 to Article-35

Article 12: Definition of state

Deal's with definition of state, as per Article 12 state includes the following
1. Government and parliament of India.
2. Government and legislatures of states.
3. Local authorities i.e. Municipalities, Panchayat's, District Board's
etc.
4. All other authorities i.e. Statutory and Non-Statutory authorities
like LIC, ONGC, SAIL, BHEL etc.
The state has been defined in a wider sense to define all its agencies, it is the
action of these agencies that can be challenged in a court of law for violation
of FR.
As per SC even private body working as an instrument of state falls within
the meaning on state under Article 12.

Article 13: Doctrine of Judicial Review and Definition of Law

It says any law which is inconsistent with FR shall be void, it expressly
provides for the doctrine of JR. It conifer’s this power to SC under Article 32
and to HC under Article 226. The term law under Article 13 is given a wide
connotation and it includes the following.
1. Permanent laws enacted by parliament and state legislature.
2. Temporary laws issued by President and state legislature's.
3. Statutory instruments in the nature of delegated legislation like
order, bylaw, rule, regulation or notification by IAS officers etc.
4. Non-legislative sources of law i.e. Customs, Usage etc. having the
force of law.

Thus, not only legislation but any of the above can be challenged in a court of
law for violation of FRs and can be declared void.
Article 13 says that Constitutional amendment cannot be challenged as it is
not a law.
However, in Keshavananda Bharati case 1973, SC held that even
constitutional amendment can be challenged on the ground that it violates FR
that form's a part of basic structure of the constitution and hence can be
declared void. Soul of FR is part of basic structure and not the individual FR
which can be amended.
Article 14: Right to Equality
It says that the state will not deny any person equality before law and equal
protection of law.

Equal Protection of law: It is borrowed from the American Constitution. It

implies that state should ensure that every citizen gets equal protection of law
and no one should be deprived of justice because of poverty or any other
reason. It is a positive concept.

Equality before the law: It implies that all citizens are equal in the eyes of
law. It has been borrowed from the British tradition. It is negative in its
orientation as the state is restricted from making any discrimination between
two citizens.

Rule of law
The concept of equality before law is an element of rule of law by A.V
Dicey. It consists of the following three element's.
1. No arbitrariness in the execution of law.
2. Equality before law
3. Impartial and effective judiciary
The rule of equality before the law is not absolute and there are
constitutional and other exceptions to it.
Article 31(c) is an exception to article 14. Article 31(c) deals with
DPSP. It provides that laws made by state for implementing DPSP
contained in clause b and c of Article 39 cannot be challenged
because they violate Article 14. SC has held that where Article
31(c) comes in, Article 14 goes out.

Article 361: Is exception's given to president and governor: If

person is appointed as President or Governor no criminal
proceeding shall be either instituted or started or continued. No
process for arrest or imprisonment shall issue against president or
governor by any court. Civil proceedings can be started by giving
 2 months’ notice.

Article 15: Prohibition of discrimination on certain grounds

It says that state shall not discriminate against any citizen on
ground's only of religion, race, caste, sex or place of birth. It
mean's discrimination will be there but not on the ground's
mentioned.
Second part of Art 15 says that no person shall be subjected to any
disability, liability, restriction or condition on ground's only of
religion race caste sex or place of birth.
Article 15(4)

Added by 1st Amendment Act after Champakam Dorairajan case to

give effect to article 46, it says nothing prevents state from making any
special provision from advancement from any socially of educationally
backward classes of citizen's or for SC and ST. Special provisions are
just enabling provision's they are neither the fundamental rights of the
weaker section and nor constitutional obligation of the state.
Q. How to determine who will be considered as the backward class.
Ans. SC in Indirasahani Case popularly known as Mandal Judgement
instructed govt to establish National commission for backward classes to
determine the criteria of inclusion and exclusion. National Commission for
Back Ward Classes is a statutory body to determine the criteria and to decide
who can be included and excluded.
Section 9(2): Advise given should ordinarily be binding and where govt does
not expect it must record its reasons
SC approach on determination of backwardness.
Balaji v/s State of Mysore 1963
SC held that caste of a group cannot be the sole or predominant criteria,
rather poverty, occupation, place of habitation should also be made relevant
criteria ( Approach suggests that SC wanted economic basis rather than
caste basis).

Indira sahani case also known as Malda Judgement

SC held that caste can be the sole criteria (Reason: In India caste is
class), those who have been of lower caste have also been from lower class.
SC even held that reservation on economic ground is not constitutionally
permissible for eg Poor brahmin cannot be given as his community is not
poor.
Exceptions Include
1. Reservation of woman, children etc.
2. Special provisions for advancement of socially and educationally
backward classes of Citizen's.

Article 15(5) Added by 93rd Amendment Act 2005.

Deal's with reservation in educational institution's whether they are aided or
unaided exceptional to minorities educational institutions. (i.e. Educational
institution's solely for minorities)

Article 16: Equality of opportunity in public employment (Indian’s)

It provides for equality of opportunity for all citizen's in matters of public

employment or employment to any office under the state. No citizen can be
discriminated against or be ineligible on ground's only of religion, race, caste,
sex or place of birth.
3 exception's
Parliament can prescribe residence as a condition for certain employment in
state or union territory. State can provide reservation's in favor of backward
classes.

Indira Sahani Case Judgement/Mandal Case.

1. Criteria of determination of Backwardness: SC held caste as
criteria.
2. Quantum of Reservation: SC held reservation not to be more than
50%. Reservation more than 50% will make equality of
opportunity hollow. However, in certain situation's it is exceptional
as reservation can be even beyond 50%. The unfulfilled vacancies
not to be treated as separate categories rather total vacancies for
that year. 81st amendment act 2000 nullifies this.
3. Reservation in Promotion: SC held that reservation only at entry
level but not at promotion's.

Reservation's Article 15- Article 16

In Lok Sabha and Vidhan Sabha for members of SC and ST.
Article 330: Reservation of seat's in Lok Sabha.
Article 332: Reservation of seat's in state legislative
assembly.
Article 334: Reservation will cease after 70 year's.
Reservation in Panchayat's and Municipalities reservation of
SC and ST community in proportion to population. No time
limit in case of reservation for woman in Panchayats.
Reservation for SC and ST and other socially and
educationally backward classed.
No reservation for OBC's in promotion or consequential
seniority. SC has granted reservation to transgender's.
Concept of creamy layer in OBC's but not in SC and ST's.
Reservation or quota is an extreme type of affirmative
action policy. It is special effort's by the state with respect to
certain communities who may have been historically
 discriminated against, main argument is historical injustice.
Quota is not the only option available US SC did not permit,
the system of quota for African-American on the ground that
it contradicts Right to Equality.
US goes for diversity index in both educational institutions
as well as employment.

Problem's in India’s reservation Policy.

Determination of Backwardness: Reservation has become
a permanent feature which defeats the purpose of
reservation. According to SC they are enabling policies, so
they should help people in overcoming their weakness and
disadvantages. With respect to the members of SC and ST
community we could not bring even creamy layer concept or
we could not say that we have uplifted the community and
community does not need reservation's. In case of OBC's
more and more communities want inclusion. There is a
limitation by SC on the total reservation which is
permissible. So, all OBC's have to be adjusted within 27
percent, it creates animosity within caste, more caste politics,
neglect of certain group's like transgender's or any other
community which is not politically organized.

Article 17: Abolition of untouchability

Untouchability is abolished and its practice in any form is an

offence in accordance to law.
Constitution does not define untouchability.
Punishment can be prescribed only by parliament and not by state
legislature.

1. Untouchability in a very broad sense.

2. In 1955 parliament has brought untouchability offences act
renamed as civil offences act, makes untouchability a cognizable
and non-compoundable offence.
3. Conviction rate is zero.
 4. Untouchability protection Act also describes Civil Rights.
ALL those rights with which person is deprived because
of practice of untouchability will be considered as civil
rights.
Prevention of atrocities against the members of SC and
ST communities 1989.
Analysis: Poor implementation of the law, there is a bias
in judiciary and bureaucracy, little effort by th govt to
create awareness.
Status of untouchability in India: Asper survey
conducted by national council for applied economic
research, 1/4th of Indian's admitted that they practice
untouchability in some form or the other, not limited to
Hindus, mostly practiced in north India and least in
Kerala.

Article 18: Abolition of titles

No titles except military and academic can be given by the
state, Bharat Ratna will not be considered as title, as it is
based on achievement and it is not hereditary.
No citizen of India shall except any title from any foreign
state.
No person who is not a citizen shall except any title,
presentation, emolument from any state without consent of
president if that person is holding any office of profit or trust.

Article 17: Abolition of untouchability

It abolishes untouchability and forbids its practice in any form. The

enforcement of any disability arising out of untouchability shall be an offence
punishable in accordance with law.
SC held that this right is also available against private individual's and it is
the constitutional obligation of the state to make sure that this right is not
violated.

Article 18: Abolition of titles

 Article 18 prohibits any title except military or academic
distinction on anybody.
No person within India shall except any present, emolument etc.
without the permission of president of India.

Article 19: Right to freedom

Art 19 guarantees six right's

1. Art 19(1a) Right to freedom of speech and expression: Every
citizen has the right to express his views, opinion's, belief's and
conviction's freely by word of mouth, writing, printing, picturing
or in any other manner. State can impose restrictions on this
freedom on grounds of sovereignty and integrity of India, Security
of the state, friendly relations with foreign states, public order,
decency, morality, contempt of court defamation and incitement of
an offence.
2. Art 19(1b) Right to freedom of assembly: Every citizen has the
right to assemble peacefully and without arms. State can impose
restrictions on two ground's.
3. Art 19(1c) Right to freedom of association: All citizens have
freedom to form associations, Union's or Cooperative societies.
4. Art 19(1d) Right to freedom of movement: Every citizen can move
freely throughout the territory of India this idea implies that India
is one unit as far as citizens are concerned.
5. Art 19(1e) Right to freedom of residence: In any part of country.
6. Art 19(1f) Right to freedom of profession
Fundamental Right to freedom
Freedom of speech
Assemble peacefully and without
arms
Freedom to form Association's,
Union's or Cooperative societies
To move freely throughout th
territory of India.
To reside and settle in any part of
territory of India
Freedom of profession
Exception's
1. Sovereignty and integrity of
India.
2. Security of state.
3. Friendly relations with foreign
state.
4. Public order.
5. Decency or Morality.
6. Contempt of court.
7. Defamation.
8. Incitement to an offence.
1. Sovereignty and Integrity.
2. Public Order.
1. Sovereignty and Integrity.
2. Public order and Morality.
1. In the interest of General
public eg mvt of prostitutes
2. In the interest of Schedule
Tribes.
Rights of Scheduled Tribes
Movement of prostitutes and Habitual
offenders.
1. Technical requirements for
some profession's like medical
etc.

Article 19 is automatically suspended when proclamation of emergency on

external ground's is there not on the basis of armed rebellion.
Reasonable Restriction's:
Reasonability will be determined by Judiciary, only parliament by law can
impose restrictions.
Note: Relationship between Article 19 and 21:
In Minerva Mills case SC held 14,19 and 21 are golden triangle of
constitution.
In Menaka Gandhi case SC held that they form an integrated scheme.
Freedom of Press
Right to protest

Current state of freedom of speech and expression:

Salman Rushdie calls it as cultural emergency in India. Rights of Artists
writers have been infringed in the name of decency and morality. State is
showing toleration towards the orthodox section's, the so called moral police,
it is not good for the health of democracy which requires public debate.
Not taken action against those who give hate speeches.

Section 66A of IT Act: Shreya singhal case SC court has struck down
section 66A of IT Act on ground that it violates or infringes freedom of
speech and expression.
Section 66a consisted of
SENTENCE FOR 3 YEARS ON SENDING OFFENSIVE
MESSAGES ON MOBILE OR SIMILAR DEVICES.
PURPOSE: TO PREVENT THE MISUSE OF IT THROUGH
SOCIAL MEDIA.
PROBLEM

1. If any person finds any information that is derogatory or

inconvenient this section can be invoked.
2. Misuse of provisions to curb politician dissent.
3. Exercise arbitrary police power's.
Ground's to declare null and void
1. Vagueness, in Menaka Gandhi case it was held that every person
has the right to be informed of what state commands, ambiguity
gives arbitrary powers to police.
2. It does not conform to the restrictions which are mentioned in the
constitution.
Nature of freedom of speech and expression:
According to scholar's like J S Mill it is the most important of
 human society, He does not prescribe any sort of limitation.
Noam Chonski held that foundation of freedom of speech is
toleration. In countries like France it is an absolute right.
Freedom of speech
In Cinema, it is justified because of the amount of impact cinema
can make directly.
Article 361(A) recognized freedom of press, no proceeding's civil
or criminal if publication of the proceedings of parliament and
state legislature is done, it should not be the provision of secret
sitting o parliament.

Situation of Media in India:

1. There is a loss of editorial freedom because of commercialization
of media.
2. Media has become very powerful as understood from its role in
recent elections.

Problematic aspects of Indian Media

1. Lobbying.
2. Nexus with politician's and corporate class.
3. Views as News.
4. Media trial's, impacting judicial process.
5. Media going for sensationalism.
6. Problems are not unique problems of media in India but it is a
global issue and house of Lord's has published levenson report.

Significance of Media
1. Media is known as fourth state: Historic role to raise the voice of
common man, today problem is of commercialization and media
should understand that the power which media enjoys is given to
media to look after the interest of people.

Solution:
 1. TRAI Recommendation's i.e. Check monopolization of media by
limiting the share.
2. Restore editorial freedom, financial transparency punishing media
person's and not only politicians for paid news.
3. Creation of some regulatory body. However, regulation of media is
not advisable. Pandit Nehru ''I will defend free press with all
dangers involved over regulated press.''
4. J Pulitzer said ''I will prefer free press without govt rather govt
without free press.''
Right to Information
SP gupta case SC held that RTI is implicit in Article 19 So it is
Fundamental, constitutional and Legal right.
Raj Narayan v/s Govt of UP, people have right to know, what is
being done by public functionaries in public sphere. Sweden
introduced it in 1766 and in India in 2005.
Information can be prohibited in the interest of national security,
relations with other country and various other reason's mentioned
in the Act.
RTI is called as second democratic revolution in the country.
Second ARC use the term Master key for RTI.
It is verifiable, time bound information.
Fees is Rs 10 and none from BPL people.
Freedom to form association's or Union's or Cooperatives.
Freedom to move freely throughout the territory of India.
Freedom to practice any profession, Carry any occupation trade or
business.
State can deprive citizen's partially or completely from any
occupation.
State can impose restrictions in the interest of general public.
Prostitution
SC ruled we should regulate since we cannot stop it.
If we regulate it, then we can stop Human trafficking, Harassment
etc.
Surrogacy
There is no law on surrogacy, Indian Contract Act governs it.
Article 20:

Protection in respect of conviction for an offence. It protects convicts against

arbitrary and excessive punishment to citizen's, foreigner's, company of
corporation.
No ex-post facto legislation and prescription of penalty: No person
can be convicted for an offence except for the breach of law in
force at the time of conviction of an offence.
No double jeopardy: No prosecution for the same offence more
than once.
No self-incrimination: No one can be compelled to witness against
himself. In Selvi v/s State of Karnataka SC has clarifies that Brain
mapping and other forms like lie detection is not permitted.
Note:
Vodafone case: GOI made budgetary proposal to amend the Income tax Act
with retrospective effect from 1962 to assert the govt's right to levy tax on
merger and acquisition. GoI could bring in because it was a tax law and not a
criminal law. However later parthasarty shome committee recommended
amendment to be withdrawn.

Article 21:
Protection of life and personal liberty
It is related to protection of life and personal liberty, no one shall
be deprived of his life or personal liberty except according to the
procedure established by law(British Tradition).
Procedure established by law is British concept: Meaning judiciary
can only check whether the law is procedurally correct, Due
process of law is American concept: Judiciary can challenge it on
procedural grounds as well as it's reasonableness i.e. law has to be
fair and reasonable if not than it can be struck down by judiciary.
Article 21 should be interpreted in the light of preamble.
Judiciary should apply the doctrine of due process of law to
 determine the validity of preventive detention Act.
In AK Gopalan v/s State of Madras, they held Art 14 and 21 are
related
SC opinion, Article 19 and 21 are not related, 19 is right of free
person and 21 is right of detained person. Freedom and Personal
liberty is not same. SC rejected the view that constitution of India
has the due process of law on the basis of constituent assembly
debates. Thus, law cannot be challenged, only executive action can
be challenged on procedural grounds.

Types of laws
1. Enacted Law(Lex): British Tradition.
2. Natural Law: Law of reason(Jus).
3. Habeas Corpus case ADM Jabalpur v/s Srikant Shukla Case
4. Maneka Gandhi Judgement, SC overruled and held that due
process is inherent in the procedure established by law.
5. Article 21 is controlled by Article 19. Right to life and personal
liberty is liberally interpreted.
Right to Privacy:
Not explicitly mentioned in the constitution.
Conflicting Judgement's.
View of Attorney Journal: Govt didn't want it to be a FR, it is
vague subjecting to varying interpretation.

Global Trend for abolishing capital punishment.

More than 100 countries have put moratorium.
UNHR suggests abolishing most cruel and inhuman punishment.
SC in Bachhan Singh case says keep it for rarest of rare.
In Machkisingh case SC said that when it appears that giving life
imprisonment shall not be appropriate.

Argument's to continue
1. Retributive justice/Revenge: It should not be the basis in any
 democratic society.
2. Deterrence: No study to show the linkage, can’t deter the
fidayeen's bombers, in case of India rarest of rare removes
deterrence.

Argument's to abolish.
1. Opportunity to correct the error of judgement.
2. Scope for reformation of the person if it is commuted to life
imprisonment.
3. We do not gain in dealing with threat's like terrorism by such
method's.
4. We will gain greater responsibility at UN.
Section 309 IPC, Suicide.
It tells that suicide is punishable offence, with three month's
imprisonment.
Santhara practice in Jains (Fast unto death). Until now considered
constitutionally valid but recently Rajasthan HC said it is not
permissible.
Euthanasia/Mercy Killing
In Aruna Shaubaug case SC permitted passive euthanasia but not active
euthanasia. In passive life support system is taken of in active poison is
given.

Article 21(A) Right to Education (Introduced by 86th Amendment act)

The state shall provide free and compulsory education to all
children of the age of 6-14 years in such a manner as the state may
by law determine.
This right is not absolute right but regulated by law.
DPSP related to right to education Art 41-45(41 Right to
education, 45 Right/Provision of free and compulsory education
for children)
86th CA introduced Art 21(A).
Under RTE Act
 1. 6-14 year children have right to free, compulsory elementary
education in nearby schools.
2. Act provides for 8 years of schooling for those who have missed
schooling.
3. KV's, Navoday Vidhyalayas, Sainik School's shall admit at least
25% of students from disadvantaged backgrounds. Teacher to
pupil ratio of 1:30 is to be achieved.
4. National Commission for Protection of Child Rights will act as
watch dog's.
History of right to education.
India is a classic example of social exclusion in education for
centuries. Britisher's also neglected basic education and despite
directives GOI neglected. In Mohini Jain v/s State of Karnatka SC
held that RTE is a fundamental right, every citizen has this right.
Unni Krishnan v/s State of Andhra Pradesh, it held that RTE is a
right to life and every child has a right to Education until he or she
completes 14 years of age and after 14 years it depends on
capacity of the state.
Evaluation of RTE
No penalties if authorities fail to provide it.
It exempt's govt schools from any consequences if they do not
meet the norm.
Enrolment has reached universal levels but the problem of dropout
and absenteeism continues.
Act doesn’t provide for those who cannot go to school.
Hence it is fair to say that it is right to schooling rather than RTE.
Article 22: Detention
Rights of person who is detained.
Punitive Detention i.e. You are committed the crime and detained.
Preventive Detention: It is in Union list entry no 9, Union can
impose it for defense, foreign affairs and security of India.
Concurrent list entry no 3 i.e. for security of a state maintenance of
public order and maintenance of supply and services essential to
 the community.
Right's under Punitive detention: 1. To be informed of the ground
of arrest as early as possible. 2. Right to consult and to be
defended by legal practitioner of choice. 3. Presented before
nearest magistrate within 24 hour's excluding journey time.
Right's under preventive detention: 1. Right to be informed of the
ground's. 2. Earliest opportunity of making representation against
lawyer. 3. Maximum time in which a person can be in police
custody is 3 months. 4. Beyond 3 month's only by approval of HC
judge.
No other country in the world has made preventive detention as an
integral part of the constitution as has been done in India.
Article 23 : Right against exploitation

Article 23: Prohibition of traffic in human being's and forced labor, it is an

offence. However state can impose compulsory service, without
discrimination on four ground's i.e religion, race, caste and class.
Human Trafficking, this is third most lucrative business globally
after drugs and arms trade. Globally 2.5 million people become
victim every year. 1.2 million people are children. South Asia is
worst affected. It includes trafficking of girl's, trafficking of
children and trafficking of organ's.
India has immoral traffic prevention act. It signatory to Palermo
protocol of UN, signatory to SAARC convention.
Right is available to both citizen's as well as non-citizen's and
provides protection not only against state but also against private
citizen's.
Legislation's: To check human trafficking, following legislation's
have been made

1. Immoral traffic prevention Act, 1956.

2. Bonded Labor System Abolition Act 1976.
3. Juvenile Justice care and protection Act, 2000.
Article 24 Prohibition of employment of children
Prohibits employment of children below 14 in Hazardous activities
like construction work, railway etc. But it does not prohibit their
employment in harmless or innocent work.
Child Labor Prohibition and Regulation Act 1986(Prohibited
employment children below 14 in Hazardous activities )
Amendment to Child Labor Prohibition and Regulation Act 1986,
2012 completely prohibits employment of children below 14 in all
occupation's and processes.
Article 25 Right to freedom of Religion

Article 25 gives four freedom's

1. Freedom of conscience (inner freedom of thought)
2. Freedom to profess. (declare one’s religious beliefs openly)
3. Freedom to practice. (perform religious worship)
4. Propagate (Dissemination of one's religious beliefs).
Freedom to propagate but no right to convert.
Public Order, Morality and any other Article 25(2)b state can regulate secular
aspect 1.) Economic, Financial
State may through open hindu religious institutions to all communities.

Hindu(Includes Sikh's, Jain's and Buddhist's)

Article 26
Freedom to manage religious affairs.

Article 27
State cannot take any tax, the proceed of which is for any particular religion.
Article 28
Related to religious instruction's in educational institutions. Wholly
maintained by state funds, Institution established under a particular trust but
administered by the state.

Article 29
Cultural and educational rights
Right to conserve language, script and culture.
Protection of interest of minorities 29
Article 30
Right of minority to establish and administer educational
institutions of choice. Linguistic and religious minority.
State shall not discriminate against minority instructions against
granting aid. TMA pai case In case of minority institution's
minority will be determined with respect to demography of the
state. Govt not to regulate minority institutions but they should
have reasonable no. of non-minority student's.
Also considered as a legal right as reglated by law made by state.
Article 32 Right to constitutional remedies.
Soul of constitution is FR and DPSP. Soul of part 3 is Article 32, it
is also basic structure. It cannot be amended.
It gives SC power to issue writs to issue FR's.
Gives power to parliament to empower any other court to issue
direction, order's or writs of any other kind (so parliament can
empower any other court apart from SC and HC also to issue
writ's). Court here does not refer to HC because Article 226 has
already conferred that power upon HC.
SC has been issued with original and wide power's for enforcing
FR's. Original because a citizen can directly go to the SC and wide
because it's powers are not restricted to issuing of order's and
direction’s but also writs of all kind's.
In case of enforcement of FR powers of SC is original but not
exclusive. It is concurrent with jurisdiction of HC under Art 226. It
 mean's when FR's of a citizen are violated it has the option to go
either to SC or HC.
SC is the ultimate guarantor of FR, as Art 226 is not a FR itself so
HC may refuse to issue a writ but Art 32 being a FR itself SC
cannot refuse to issue a writ.
Writ's Types and Scope
Writ jurisdiction of HC differs from SC in the following respect's

1. SC can issue writ's only for the enforcement of FR's while HC

can issue writs for FR as well as for other legal rights, so writ
jurisdiction of SC is narrower than HC.
2. SC can issue writs for a person or govt throughout the territory
of India, while HC can issue it within its territorial jurisdiction
(outside only if the cause of action arises within its territorial
jurisdiction).
3. Remedy under Article 32 is itself a FR, so SC cannot refuse to
exercise its writ jurisdiction, on the other hand remedy under
Article 226 is not a FR hence HC can refuse to issue it. So, SC
is the origional guarantor of FR's

Writ's
1. Habeas Corpus
Mean's to ''Have the body of''.
Issued by court to a person who has detained another person. Court
then examines the reason for detention and set the person free if
detention is unlawful.
This writ is issued against both pubic authorities as well as private
individual's.
t shall not be issued if detention is lawful.
2. Mandamus
Means ''We Command''
Issued by the court to public official who has failed to do his duty
asking him to perform it.
Issued against any public body, inferior court, tribunal or
 government.
3. Prohibition
Issued by a higher court to a lower court or tribunal to prevent it to
exceed it's jurisdiction. It cannot be issued against administrative
body. Can be issued only against Judicial and Quasi-Judicial body.
4. Certiorari
It means to be’ ‘Certified'' or '' To be informed''.
Issued by a Higher court to a lower court to transfer the case
pending with the latter to itself or to quash the order already
passed by an inferior court in a case (eg When the order is against
the principle of natural justice etc.).
It can be issued against a legal body only.
Grounds of its issue are either excess of jurisdiction or lack of
jurisdiction.
5. Prohibition.
Issued when a lower court or body tries to transgress the limit's or
power's vested in it.
Can be issued only against legal body.
6. Quo Warranto
Prevents illegal occupation of Public Office.
By what warrant is the office occupied. Not used against Minister's
and Panchayat representatives.

Doctrines.
Steare Dcisis: Mean's precedent given SC should be followed by
all other court's

Doctrine of laches It means there should not be delay

in approaching the court in case of violation of FR if
there is a delay in reaching the court, SC may deny the
issue of writ's.
Doctrine of Resjudicata: Restricts the courts for
 adjudicating the same issue twice.

SC can decide appropriate proceeding.

1. Locus Standii.
2. Earlier only affected person could approach the court and court
accepts PIL or it has in introduced episolatory (SC taking action
on the basis of post card) and suo-moto (SC taking action on its
own).
PIL (Public Interest litigation).
It is taken in India from USA.
It is not the FR so it is not binding on the court.
In case of criminal matter's court prefers people to approach the
court directly.
Purpose of PIL is to help those who are poor and weak. Under
article 39A.
PIL can be used for enforcement of FR, LR, Constitutional rights
and for other purposes.
Parliament can authorize any other court within local limit of their
jurisdiction to issue writ's.
Note: Suspension of Article 32: It can be suspended as per the provision
given in the constitution.

Suspension of FR
Article 358 deals with suspension of Article 19.
If proclamation is made on external ground's then Article 19 is
automatically suspended, not on armed rebellion.
Article 359, deals with suspension of enforcement of other FR's.
Only enforcement of right's is suspended right as such is not
suspended.
By 44th Amendment Act enforcement of Article 20-21 is never
suspended. Other rights can be suspended but for them presidential
order is brought, to decide on what rights can be suspended.

Article 33 :
Modification in rights of certain persons who are in certain services. Power to
make law under Article-33 is conferred only on Parliament and not on state
legislatures. Any such law made by parliament cannot be challenged on the
ground of contravention of FR. E.g. Army Act 1950, Air force Act 1950,
Navy Act 1950 etc.
1. Members of armed forces.
2. Members of forces charged with maintenance of public order.
3. Person's employed with state intelligence and counterintelligence
agencies
Martial Law Emergency
It affects only fundamental right's It affect's not only FR but also center
state relation's, distribution of revenues
and legislative powers between center
and states and may extend the tenure of
the parliament.
It suspends the government and It continues the government and
ordinary law courts ordinary law court
It is imposed to restore the It can e imposed only on 3 ground's
breakdown of law and order due to War, External aggression and armed
any reason rebellion.
It is imposed in some specific area It is imposed either in whole country or
of the country. in any part of it
It has no specific provision in the It has specific and detailed provision in
constitution. It is implicit. the constitution. It is explicit

Article 34
Provides for restriction on FR while martial law is in force in any
area.
It empowers the Parliament and indemnify any government
servant for any act done by him in connection with the
maintenance of order or any act done by him in connection with
the maintenance or restoration of order in any area where martial
law is in force.
Present position of right to property
Originally, the right to property was one of the seven fundamental rights
under part 3 of the constitution. It was dealt by Article 19(1)f and Article 31.

44th CA Act 1978 abolished the Right to property as a FR by repealing Art

19(1)f and Art 31 from Part 3.

44th CA Act added another article Article 300A in part 12 under the heading
''Right to property''. The FR ''Right to property'' is now made into a
constitutional legal right. So it can be amended by ordinary law of
parliament.
It protects private property against executive action and not legislative action.
 Chapter II: Fundamental Duties
The 42nd Amendment Act added a new part i.e. Part IV-A to the
constitution.
It incorporated FD's by inserting a new Article-51 A below article
51.
As DPSP are addressed to state the FD's are addressed to Citizen's.

Sardar Swaran Singh committee which was constituted by Indira

Gandhi soon after emergency was imposed in the country,
recommended FD's.

FD's are non-justiciable i.e. Citizen's cannot be forced to observe

them. But some of them are however part of enforceable law. For
e.g. Prevention of insults to National Honor Act and so on.

However, if a citizen violated FD's his FR's cannot be restored

when he reaches the court's.

Originally ten in number, the Fundamental Duties were increased

to eleven by the 86th Amendment in 2002, which added a duty on
every parent or guardian to ensure that their child or ward was
provided opportunities for education between the ages of six and
fourteen years
The Fundamental Duties noted in the constitution are as follows
—It shall be the duty of every citizen of India —
1. to abide by the Constitution and respect its ideals and institutions,
the National Flag and the National Anthem;
2. to cherish and follow the noble ideals which inspired our national
struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon
to do so;
5. to promote harmony and the spirit of common brotherhood
 amongst all the people of India transcending religious, linguistic
and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures.
8. to develop the scientific temper, humanism and the spirit of
inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavor and achievement;
11. who is a parent or guardian to provide opportunities for education
to his child or ward between the age of six and fourteen years.
 Chapter III: Directive principles of state policy
Relationship amid FR and DPSP reach to the court in Champakam
Dorairajan case.
Both are part of constitution one enforceable and other if not
enforceable but fundamental in the governance.
One establishes political democracy other at social and economic,
which are interdependent.
Since constitution is the fundamental law, no part should go into
irrelevance. So, judiciary adopted doctrine of Harmonious
construction which permitted legislature to implement directives if
they abridge FR only by amendment and not by ordinary law.
Judiciary overruled the harmonies interpretation in Golakhnath
case. And govt destroyed the Harmony in 42nd Amendment case.
25th Amendment case, Keashavananda Bharati case and Minerva
Mills case reestablished the Harmony.
FR DPSP
Aim is to establish civil political DPSP establish civil and political
democracy which establish individual at democracy.
the core.

FR and DPSP complement each other.

FR and DPSP form the soul of the constitution.

Evolution of the Doctrine of Basic structure

Champakam Dorairajan v/s State of Madras (Made FR>DPSP)

Issue: The petitioner challenged the validity of the reservation policy of

Madras state for backward sections on the ground that it contradicts
fundamental right to equality.

Govts Position: Under Article 46 it is the obligation of the govt to take steps
for the promotion of educational and economic interests of the scheduled
casts, scheduled tribes and other weaker section's.
The reason of dispute: The two contradictory provisions in the constitution.
1. With respect to FR, FR are enforceable in the court of law. As per
Article 32 enforcement of FR is itself a FR.
2. As per Art 13 judiciary shall declare any law which abridges FR as
null and void.
DPSP are in part 4, Art-37
DPSP are not enforceable in the court of law (Note: They are not
automatically enforceable but become enforceable if law is made
to that effect).
Nevertheless, fundamental in the governance of the state
It shall be the duty of the state to apply these principles in making
laws.
Approach of Judiciary:
It can neither neglect FR nor DPSP, it has gone for creative interpretation of
the term law used in Article 13(Definition of Law i.e Law cannot be amended
to decrease FR), it does not apply to amendment it means govt can implement
DPSP which abridges FR by amendment and not by ordinary law.

First amendment Act 1951, changes introduced.

Nothing shall prevent state from making any special provision for
advancement of any socially and educationally backward classes
of citizens or for schedule castes or schedule tribes.
Introduced 9th Schedule. Anything which is in 9th Schedule
cannot undergo Judicial Review (Black hole of the constitution
because anything which is not constitutional is protected if kept in
this schedule).
Shankari Prasad v/s Union of India 1951, this is the first case
which challenged the amending power of parliament, Judiciary
upheld the validity of first amendment act that there are no
limitations on the amending power of parliament.

Golakh Nath v/s State of Punjab 1967, here judiciary overruled its
previous judgement, (Made FR>>DPSP)
First case of Judicial Activism and application of prospective
 overruling is there (new decision will not we disturb the previous
but will be applied with future ruling's).
Judiciary said even by amendment, FR cannot be abridged. So
24th and 25th Amendment was brought by Indira Gandhi.
The term law used in Article 13 applies for constitutional
amendment also.
24th Amendment act 1971, changes made (Indira Gandhi) and 25th
Amendment
It introduced Article 31(c) No law giving effect to the DPSP 39b
and 39c shall be questioned on the ground that it contradicts 14, 19
and 31 (FR's).
25th Amendment act 1971
Parliament curtailed Right to property. Permitted acquisition of
private property by the government for public use and
compensation.
Keshavananda Bharati Case (FR>DPSP)
24th and 25th Amendment were challenged. It has upheld the
validity of 25th Amendment Act, Judiciary was criticized in
Golaknath case for negative activism, putting obstacles in the path
of social reforms. Judiciary corrected it's mistakes, it applies the
doctrine of harmonious construction.
Golkhnath case make DPSP hollow this was not the approach of
Constituent Assembly.
SC gave the doctrine of Basic Structure, parliament can amend the
constitution to any extent subject to the condition it cannot change
the basic structure.

42nd Amendment Act' 1976 (By Indira Gandhi, Enacted during

emergency 25th June 1975-21st March 1977 19 Months Emergency)
It tilted the constitutional balance completely in favor of DPSP
now protection was offered to all.
No amendment of the constitution shall be called into question on
any ground in any court'.
 There shall be no limitation on the amending power of parliament.
Minerva Mills case 1980(Found the Balance b/w FR and DPSP)
First application of doctrine of basic structure, power of judicial
review cannot be taken away as Judicial Review is itself the basic
structure.
SC held that changes introduced by 42nd Amendment are
unconstitutional as it disturbs the balance between FR and DPSP.

Basic Structure
It is an innovation of Indian judiciary, the judgement was given by
13 judges bench, 6 were against and 7 in favor.
It is also an example of judicial activism.
It is not given explicitly in the constitution.
Logic given by Judiciary:

1. India is having written constitution which automatically makes

judiciary protector of constitution.
2. Judiciary made a distinction between constituent assembly and
parliament. So parliament is not the CA that it can change the
constitution. Though amendment is the constituent power of
parliament there is a difference in the amendment and rewriting of
the constitution. Even with unanimity parliament cannot alter the
basic structure.
Objections
It is extraconstitutional.
Judges get veto power on any amendment.
Judiciary is least representative and least accountable branch of
govt. So, it should not get a veto power.
Judiciary has not given a comprehensive list on what all constitute
the basic structure, there is an uncertainity.9
Support
Objections are theoretical, in theory it proved as a blessing in
disguise, it protected the sanctity of the constitution had it not been
 there India would have also gone in the path autocracy like other
third world countries.
It is not required for judiciary to give the comprehensive list
because it will give opportunity to the govt to make laws which
may not be appropriate, it is better to keep it open ended and
utilize it as and when needed.
So, far SC has established following as the basic structure of the
constitution

1. Supremacy of the constitution.

2. Republic and democratic form of govt.
3. Separation of power legislative, judicial and executive.
4. Judicial review.
5. Rule of law.
6. Parliamentary Democracy.
7. Independence of judiciary
8. Secularism
9. Federalism.
10. Separation of power
11. Checks and balance
12. list make for basic structure provision's.
Classification of DPSP

Socialistic: They reflect the ideology of socialism. They lay down

the framework of a democratic socialistic state, aim at providing
social and economic Justice, and set the path towards a welfare
state.

Gandhian: Represent the program of reconstruction enunciated by

Gandhiji during the national movementt. In order to fulfill the
dreams of Gandhi some of his ideas were included as DPSP.

Liberal Intellectual: The represent the ideology of liberalism for

eg Article Uniform Civil Code.
1. Socialistic Directives
Principal among this category of directives are (a) securing
welfare of the people (Art. 38) (b) securing proper distribution of
material resources of the community as to best sub serve the
common-good, equal pay for equal work, protection of
childhood and youth against exploitation. etc. (Art.39), (c)
curing right to work, education etc. Art. (41), (d) securing just
and humane conditions of work and maternity relief (Art. 42)
etc.

2. Gandhian Directives
Such directives are spread over several Arts. Principal among such
directives are (a) to organize village panchayats (Art. 40), (b) to
secure living wage, decent standard of life, and to promote cottage
industries (Art.43), (c) to provide free and compulsory education to
all children up to 14 years of age (Art. 45), (d) to promote
economic and educational interests of the weaker sections of the
people, particularly, the scheduled castes and scheduled tribes, (e)
to enforce prohibition of intoxicating drinks and cow-slaughter and
to organize agriculture and animal husbandry on scientific lines
(Arts. 46-48).
3. Liberal intellectual directives
Principal among such directives are (a) to secure uniform civil code
throughout the country (Art.44), (b) to separate the judiciary from
the executive (Art.50), (c) to protect monuments of historic and
national importance and (d) to promote international peace and
security.
Cases involved with Basic Structure of Constitution
IR Coelho case SC held that Art ,14,19 and 21 are basic structure.
Important cases on Basic Structure
1. Keshavananda Bharati case.
2. Indira Gandhi v/s Rajnanrayan.
3. Minervs MIlls case.
4. Waman Rao CAae: 9th schedule is brought in BS.
5. SR Bommai: Secularism
In what way doctrine of basic structure has led to emergence of
India into a thriving democracy
Democracy is another name for constitutional governance.
Core of democracy lies with power in the hands of people. Which
is expressed through the constitution. Hence executive has to act as
per constitution. It cannot act in an arbitrary manner. Thriving
democracy is not just democracy not just in constitution but also in
practice.
Political developments from 1951 till the pronouncement of the
doctrine of basic structure show the phase of activism by executive,
executive going beyond the constitutional limits, one major dispute
was related to the right to property, and the relationship between
FR and DPSP. Executive was trying to dilute the sanctity of FR
destroying the harmony and giving primacy to DPSP for political
mileage, In Keshavananda Bharati case SC pronounced the
doctrine of basic structure which puts limitations on the amending
power of parliament. Though DOBS itself remains controversial,
six judges were against and 7 in favor so constitutional validity of
doctrine is still debated, however it can be said that it checked
excesses by executive and restored the dignity of constitution and
protected India from going into the way of other third world
countries.
In Minerva Mills case JR was held as Basic structure. In Sr
Bommai case it declared secularism and federalism as the basic
structure of constitution. Prevented the misuse of Article 356 for
the interest of ruling party at the center, thus forced governments to
give importance to both the letter and as well as the spirit of the
constitution.
 Chapter IV: Judiciary
General structure of Indian Judiciary
In India a unified judicial system enforces both central laws as well as state
laws. Unlike in US

Supreme Court

SC was inaugurated on January 28 1950 succeeding the federal court of India

established by the GoI Act 1935. Article 124-147 deal with its organization,
independence, jurisdiction, power's, procedures etc, of the SC.

Parliament has the power to make law's regulating constitution, jurisdiction

and powers of SC.
In 2009 centre notified an increase in no of Judges from 26-31, including CJI.

Appointment

1. Eligibility
Citizen of India.
Has been a judge of HC for 5 year's or an advocate in HC for
atleast 10 year's or the person is a distinguished jurist in the
opinion of the president.
The constitution has not prescribed any minimum age limit for
appointment as a judge of the Supreme Court nor any fixed period
of office.
The judge of a HC, Retired judge of the SC and a HC may be
appointed as an ad-hoc Judge of a SC.

Tenure

Once appointed the judge of SC may cease to be happening of any one of the
following
On attaining the age of 65 year's.
On resigning by addressing it to President.
On being removed by President i.e Impeachment on ground of
proved misbehaviour or incapacity.

Salary
Article 125 leaves it to the parliament to determine salary, leave of
absence, pension etc of the SC judges. However, the parliament
cannot alter any of these privilages and right's to judges
disadvantage after his appointment. They are all charged upon the
consolidated fund of India and are non votable by parliament.

Types of Judges in SC
1. CJI
2. Acting CJI: President can appoint in case of seat of CJI is vacant.
3. Other Judges: In case of lack of quorum of permanent judges to
 hold or continue any session of the SC, the CJI can appoint a judge
of a HC as an ad-hoc judge of the Supreme Court, this can be done
only with the prior consent of CJ of concerned HC and with the
prior consent of president.
4. Puisne Judges (Normal Regular Judges).
5. Ad Hoc Judges (When quoram is not there.)
6. Retired Judges: CJI can request a retired judge of SC or HC to act
as a judge of the SC for a temporary period. The president's
previous consent is necessary.

Seat of SC
It is New Delhi but the President can change it with the prior
consent of the president.

Procedure f SC
The Constitutional cases or references made by the president under
article 143 are decided by the bench consisting of at least five
judges Constitutional Bench.
All other cases are decided by a bench consisting of not less than 3
judges and the judgements are delivered by open courts. The
judgements are arrived at by majority vote.
Key Powers of SC
The law declared by SC is binding on all the courts of India.
All authorities civil and political, in the territory of India are
required to act in aid of the SC.
CJI has exclusive powers to appoint officer's and servants of the
court and administrative expenses of the SC.
Jurisdiction of SC

SCI has original, writ, appellate and advisory jurisdiction's. It is not only a
federal court but also a final court of Appeal, final interpreter of constitution
and guarantor of FR of citizen's. Further it has advisory and supervisory
power's.

1. Original jurisdiction over

 GOI and one or more states.
GOI and any state or states on one side and one or more states on
the other.
Between two or more states if the dispute involves any question on
which the existence or extent of a legal right depends.
Jurisdiction of SC does not extend to the following
Interstate water disputes.
Matter's referred to the finance commission.
Adjustment of expenses between Centre and states.
Ordinary dispute of commercial nature.
Dispute arising out of preconstitutional treaty or commitment.

2. Writ jurisdiction of SC

For the enforcement of FR.

Note: Parliament by law can confer on the SC, power to issue direction's or
order's or writs for other purposes (than enforcement of FR) as well- Art 139.
SC also has original and exclusive jurisdiction over the disputes regarding the
election of president and vice president.

3. Appellate Jurisdiction

SC replaced the British privy council as the highest court of appeal after
Independence. The appellate jurisdiction can be classified under the
following four head's.

Constitutional matter's: When HC grant's a certificate to a case that

involves the substantial question of law that requires interpretation
of constitution.
Civil matters: If the HC certifies that the case involves substantial
question of law and needs to be decided by the SC.
Criminal matters: In criminal matter's an appeal lies to SC if the
HC has sentenced an accused to death, or HC certifies that the case
 is fit one for appeal to the SC.
By Special leave: The SC can also grant special leave to appeal
from a judgement or order of any non-military Indian court or
tribunal. Such leave of appeal will be discretionary power of SC
and may be related to any matter.
Parliament is also authorized to confer on SC any further powers
to entertain and hear appeal's.

4. Advisory Jurisdiction:

In matter's refereed to it by President, they fall in two categories

On any question of law or fact of public importance.
On any dispute arising out of pre-constitution treaty, agreement
etc.
In the first case the SC may advise or may refuse to tender it's advice, while
in the second case the SC must tender it's opinion to the president. In both the
cases opinion of SC is not binding upon the president.

SC as a court of record

The Judgement's, proceeding's and testimony are recorded as

memory and testimony. They can be admitted as evidences and
cannot be questioned when produced before any court.
It has the power to punish for contempt of court for not obeying its
record's.

Review of Judgement's and order's

SC has the power to review any judgement or order made by it. The petition
filed to review its judgement is called review petition while second review
petition is called curative petition. It is filed when the party think's that the
justice was not done to it or the court has failed to take certain facts into
consideration.

Power of Judicial Review

 1. Constitution can declare the legislative enactments of the Centre
and States as Null and Void if they violate the constitution (Ultra-
vires in nature). The constitutional validity of a legislative
enactment or an executive order can be challenged in the SC on the
following three ground's.

It infringes fundamental rights.

It is outside competence of authority.
It is repugnant to the constitutional provision.
Though the phrase judicial review is nowhere to be seen in constitution,
provision of certain articles confers the power of JR on the SC. Indian SC
follow's the doctrine of ''Procedure established by law'' in JR while American
SC follow's ''Due process of law''.

Doctrines used in Judicial Review

Doctrine of severability

It means that if there is an offending provision in the act which is contrary to

a fundamental right or is unconstitutional, then it is severable from the rest of
the act and only the severable provision would be declared null and void and
not the whole act.

Doctrine of progressive interpretation

It means that constitution cannot be interpreted in the same way as an

ordinary statute. It must be read in the context of society to ensure that it
adapts and reflects changes.

Procedure established by law v/s due process of law

If an action of executive is challenged before a court, then the court will

subject the action of executive to the following test's
1. Whether a law exists that authorizes the executive to take such an
action.
2. Whether the legislature was competent to pass such a law.
3. Whether the legislature followed the established procedure while
 enacting the law.

Procedure established by law

If the above tests are satisfied then the court will uphold the executive action
no matter however arbitrary and unreasonable the law is. Therefore, this
doctrine confers limited powers to the judiciary. It confers protection against
the arbitrary action of only executive and not legislature.

Due process of law

It means the law passed by legislature shall have to be fair, just and
reasonable and not fanciful, oppressive and arbitrary. Here the SC while
examining the law can declare the laws as unreasonable not only on the
above 3 substantive ground's but also on procedural grounds. It confers
protection against the arbitrary action of both executive and legislature.

Independence of SC
Appointment by president in consultation with other judges.
Judges can be removed only by impeachment.
Salaries and allowances cannot be varied and are charged upon
consolidated fund of India and are not vatable by parliament.
Conduct of judges in the discharge of their duties cannot be
discussed in parliament or in a state legislature except when the
impeachment motion is under consideration
CJI can appoint staff and officers of SCI without any interference
of executive.
Parliament cannot curtail the powers of SC however it can extend
the power's and Jurisdiction of SC.

Comparison with American Supreme Court

SCI has larger power's in following respects compared to American SC

While Indian SC is the highest court of appeal in Civil and
Criminal cases. In American SC, appellate Jurisdiction is confined
 to cases arising out of federal relationship or those arising out of
constitutional validity of law's.
SCI enjoys advisory Jurisdiction while American SC denied it to
itself.
Parliament of India can enlarge the Jurisdiction of SC but not in
US.

American SC has more power's in following respect's

Original jurisdiction of SCI is confined to federal cases only while
in American SC cover's not only federal cases but also cases
relating to Naval forces, Maritime activities and Ambassador's.
Scope of Judicial review is more in American SC as it follow's
Due Process of law rather than the procedure established by law in
India.

High Court

The constitution of India provides for a High Court for each state but the 7th
Amendment Act 1956 authorized the parliament to establish a common HC
for two or more states and a Union Territory.

Delhi is the only UT to have a HC of its own.

Bombay HC has Jurisdiction over Maharashtra, Goa, Dadra and
Nagar Haveli and Daman and Diu.
Calcutta HC has jurisdiction over West Bengal and Andaman and
Nicobar Island's.
Guwahati HC has jurisdiction over Arunachal Pradesh, Assam,
Nagaland and Mizoram.
Kerala HC cover's Kerala and Lakshadweep.
Madras HC has jurisdiction over Tamil Nadu and Puducherry.
Punjab and Haryana HC has jurisdiction over the states of Punjab
and Haryana, along with UT of Chandigarh.
Parliament can extend the Jurisdiction of a HC to any union territory or
exclude the jurisdiction of a HC from any union territory.
Organization of High Court
Every HC has a Chief Justice and other judges as the president may from
time to time deem necessary to appoint. The president can increase the
strength of a HC depending on the workload.

Qualifications of Judges
Citizen of India
Held judicial office not necessarily judge for 10 year's.
Should have been an advocate of HC for 10 year's.
No minimum age.
Unlike in SC also no provision for appointment of a distinguished
jurist as a judge of HC.

Tenure of Judges
Till the age of 62 year's.
Can be removed by president on the recommendation of the
parliament.

Appointment to HC
1. Regular Judges
Chief Justice Appointed by President in consultation with CJI and
Governor of the concerned state.
For Other judges, President also consult's CJ of the concerned HC
along with CJI.
In case of a common HC of two or more states, governors of all
the states concerned are consulted by the president.
But following 2nd and 3rd Judges case while appointing a judge of
HC the opinion of a collegium consisting of CJI and 2 senior most
judges of SC must be consulted.
2. Acting Chief Justice
President can appoint a judge of HC in case the office of CJ is
vacant.

3. Additional and acting judges

 Appointed by president if.
If there is a temporary increase in the business of HC.
There are arrears of work in HC.

4. Retired Judges
The CJ of HC can request a retired judge of that HC or any other HC to act as
Judge, he enjoys jurisdiction, power's and privileges of a Supreme Court
judge. President's previous consent is necessary.

5. Removal of Judges
Done in a manner similar to the SC judges.

6. Transfer of Judges
Third judges case, SC opined that CJI should consult a Collegium of four
senior most judges of the SC.

Jurisdiction and powers of a HC

HC enjoys Original Jurisdiction, Writ Jurisdiction, Appellate jurisdiction,

Supervisory jurisdiction, Control over subordinate court's, A court of record
and Power of judicial review.

1. Original Jurisdiction
Enforcement of FR.
Cases ordered to be transferred from subordinate court's involving
interpretation of the constitution.
Matter's related to will, marriage, divorce, company laws and
contempt of court.
Disputes relating to election of MP's and MLA's.
2. Writ Jurisdiction
Covered in FR.
3. Appellate jurisdiction
On civil side, it can be either first appeal or second appeal.
On criminal side if the sentence of session's judge is more than
seven years and any death sentence by either appealed or not has
 to be confirmed by the HC.

Power of superintendence
HC has power of dealing with superintendence over all court's and
tribunals except those dealing with the armed forces working in
the state. It makes rules, settle cases of pay of employees etc.
This power makes HC action both administrative and judicial in
state.
SC has no similar power vis-a-vis HC.

Control over subordinate court's

HC is consulted by Governor in matters of appointment,
promotion and transfer of District Judges and in matters of
appointment of people to the judicial service of the state.

Court of record
This power of HC is identical with SC.

Power of Judicial Review

HC can declare legislative enactments of center and states and any
executive order's as Null and Void if they violate C.

Subordinate Court's

Appointment of District Judges:

1. Appointment, promotion and posting of district judges in a state
are made by the Governor of State, in consultation with the HC.
The qualifications of a person for appointment to the post are

Should not already be in the service of central or state govt.

Should have been an advocate or pleader for not less than seven
year's.
He should be recommended by High Court for appointment.
District judge here includes- Judge of city civil court, additional district
judge, joint district judge, assistant district judge, chief judge of a small cause
court, chief presidency magistrate, session's judge, additional session's judge
and assistant session's judge.

DJ is known as DJ when hearing Civil disputes and Session's

Judge when hearing criminal disputes.
Session's Court can even impose life imprisonment and Capital
punishment.
Since establishment of CrPC 1973 trial of criminal cases is done
by judicial magistrates only.

Appointment of other judges apart from DJ

They are made by the Governor of the state after consultation with
State Public Service Commission and the HC.
Control over DC and other subordinate court's for posting,
promotion and leave of person's belonging to judicial service of
state is vested in the HC.

Extra Points
Role of supreme court
Final interpreter of constitution.
Guardian of FR's.
Guardian of federalism.
Ultimate law/rule making powers with respect to internal
functioning of SC and lower court's
Article-131: Original jurisdiction of SC in interstate disputes. State
v/s State, State v/s Centre. Except: It will not apply in case of
dispute which emerges out of any treaty or agreement entered
before the commencement of the constitution. Art 143 (2) Disputes
arising out of such treaties which have been entered before
the commencement of the constitution may be referred by
president, here it is binding on SC to give advice.
Situations where Article 131 will not apply
Political disputes, only such disputes where legal rights are
involved will be entertained.
 Article 262: In case of inter-state water disputes if parliament by
law exclude the jurisdiction of SC.
Parliament has passed inter-state water disputes act 1956 and
barred the jurisdiction but still SC entertains the appeals against
the decisions of water tribunals under special leave petition (136).
SC can grant special leave to appeal from any judgement final or
interim of any court or tribunal including water tribunal's or
subordinate court's, exception will not apply to any court or
tribunal constituted by or under any law relating to armed forces.
Note: It is discretionary power of SC to be used in exceptional
situation's, however the trend is excessive permission under special
leave petition as more than 30 000 petitions are pending as a result
of Judicial Activism
Writ Jurisdiction in case of FR.

Appellate jurisdiction of SC
Normal Special Leave petition
Interpretation of Constitution (132)
Condition HC issues the certificate, this
will only be against three final order of
HC. The question in the case involves
a substantial question as to the
interpretation of the constitution.
Civil Matters (Art 133)
HC has to give the certificate hitch
mention's that the case involves
substantial question of law of general
importance and that in the opinion of
HC, such question to be decided by the
SC.
Criminal matter's
In criminal matters, appeal can be with
certificate and without certificate in case
 of death sentence, life imprisonment and
in case of imprisonment of not less than
10 years and in the opinion of court it is
fit for the opinion of SC.
Advisory Jurisdiction (Art 143)
When president think's that a question of
law or fact has arisen, or is likely to arise
which is of public importance and it is
expedient to take the opinion of SC,
neither binding on president to accept the
advice nor binding on SC to give the
advice.
Enlargement the jurisdiction of SC (138)
GoI and Govt of any state may agree to
give greater power to SC. Art 139,
presently SC has power to issue writs for
enforcement of FR's however parliament
may by law can give powers to issue
writs for any other purpose than given in
Article-32.
Art 139
SC to be a court of record and it will
have such power's including the power to
punish for contempt of court. Court of
record mean's that proceedings of the
court are to be recorded and preserved
and will be treated as evidences.
Power to punish for its contempt.
Note:
SC can use its power even on the behalf
of HC and lower court's.
Obiter dicta(Opinion of court which is
not enforceable)and Ratio Decided(It is
that part of court which is enforceable).
Art 137: Review Petition
Only SC has has power to review any
judgement or order pronounced by it.
Curative petition
Not given in the constitution and
declared in 2002 in Rupa ashok hurra
case. SC can still accept the petition after
rejection of review petition.
Condition is violation of principle of
Natural Justice, Malifide intention of
Judge and Matter has not been in it's
Jurisdiction.
Purpose of Curative Petition is to Stop
Miscarriage of Justice.
Powers Of SC

Article 141: Law Declared by SC shall be binding

on all courts within the territory of India. Eg
Vishakha Guidelines related to sexual harassment
of woman at workplace. Till parliament has not
made a a law SC can declare a law but once
parliament makes law it's law would be
prevailing, constitution makes a provision for SC
to make law.

Article 142: Power of SC to pass any order which

it think's necessary for doing complete justice in
any cause or matter pending before it, then it is
the responsibility of parliament and executive to
ensure that order is enforced.

Article 140: Ancillary powers of SC:

Parliament can give any supplementary power
which are not inconsistent with the constitution so
that it can exercise its jurisdiction more
effectively.
Article 144: All civil and judicial authorities in
India shall act to assist SC.

Article 145: Rules of the court subject to the

constitution and law made by parliament court's
will determine ir's internal procedure.

Article 145(3): Minimum no of Judges will be 5

when it is considering any case dealing with
interpretation of the constitution.

Collegium System Drawback's

1. Inefficient system, many post's in HC remain vacant.
2. Lack of transparency.
3. Against theory of checks and balances and separation of powers.
4. Systems of appointment around the world

Appointment by executive is most common.

Ratification by legislature e.g. US.
Judges appointing judges this is unique and practiced only in India.
Through Judicial appointment commission.
This is the new trend e.g. South Africa and UK.
How system of Appointment of Judges evolved in India.
1. Issue started with the interpretation of the term consultation used
in Article 217 which deals with transfer of judges of High Court.
Sankal Chand Case here SC held that consultation is not
concurrence. Note: The issue of appointment of Judges by Judges
came up in constituent assembly also however Ambedkar opposed
it on the ground that there cannot be imperium in imperia mean's
state within state. For independence of judiciary constitution
provides various other provision's.
2. SP Gupta case 1981(First Judges case) : SC held that consultation
is not concurrence, SC advocate's on record v/s Union of India
 case 1993 it is called as second judges case.
3. Judiciary has overruled and they said that consultation mean's
concurrence, Primacy to the opinion of CJI. CJI will form opinion
after consultation with two senior most judges.
4. Presidential reference 1998 known as third judges case. Note: SC
court held that it will give opinion when govt takes undertaking
that opinion will be binding on govt.
5. Appointment will be based in recommendation of Collegium
consisting of CJI an four senior most Judges, opinion is binding
and president can send it for reconsideration but bound to follow
reconsidered opinion. For any name to be forwarded consent of 3
judges is must which must include CJI. CJI and any one judge
recommending is not enough, for recommending but CJI not
agreeing than also it will not be condidered.
99th Constitutional Amendment introducing NJAC
1. Appointment of Judges of HC and SC and transfer of Judges.
including CJI and CJ of HC.
2. Composition

CJI
2 Eminent persons for three year's out of which one has to be from
SC, ST or Woman. They will be selected by CJI, PM and Leader
of opposition. Eminent persons are not eligible for re-nomination.
Selection of CJI, Senior most.
Appointment of other Judges
Criteria will be Merit and Integrity, system will seek nomination
from Chief JUstice of concerned HC, CJ of HC will consult with
two senior most Judges of HC or any other Judge or eminent
advocate ad will also consult with the governor or Chef Minister
who will give opinion in writing.
Appointment of Chief justice of HC, commission will give merit to
seniority and Merit across HC Judges.
Commission has to complete HC procedure six months before
emergence of emergency if vacancy is before 30 day's within.
 System in UK recruitment process is Open, No member of
executive, Al members of Judiciary or legal promotion. Lord
Chancellor (Law Minister) has power to reject the name suggested.
Objection’s by Judiciary on 99th Amendment Act against the
doctrine of basic structure as it limit's the independence of
Judiciary why

1. CJI position has been reduced

2. to any other member and no primacy to CJI, if any two-member’s
object name will not be forwarded, \
3. scope for politicization as law minister and one eminent person
may combine
4. Inconsistency in process as president can send back the
recommendation as law minister is already a part.

Present Status: Collegium system continues, Judiciary in a

unprecedented manner has asked for the opinion of people to
reform the collegium system. Reform's required are

1. Equitable representation of woman and members from SC and ST

community.
Judicial Activism:
Active State:
What is Judicial Activism: Judiciary intervening in the work of
other two branches of government. E.g. Executive, Legislature.
Why JA in India: Decline of parliament, overreach of executive,
increase in corruption, political instability because of coalition,
increasing awareness of Human Right's, Judiciary as a Guardian of
Fundamental Rights and protector of Constitution, Preference of
Judiciary and Certain Judges and Romanticism on the part of
Public.
Constitutional Basis of JA in India: Power of Judicial Review.
Is JA and JR one and the same thing: JR is a constitutional
obligation to stop any arbitrary action by executive and legislature
however when Judiciary goes beyond JR and Suggest what should
be done than it become Judicial Activism.
Is JA good or bad: JA suggests inactivism on the part of other
two branches of government, ideally each branch should perform
it's work, however it has become necessary in India and has many
positive outcomes. JA is acceptable as a medicine but it cannot
become daily dread. As Judiciary is least representative and least
accountable.
 Chapter VI: Union Legislature

Parliament in India consists of three part's the

1. Lok Sabha (LS) also called First chamber or popular house.
2. Rajya Sabha (RS) (Second Chamber, House of elders).
3. President (Not a MP but an integral part of parliament).
President performs the following function's
1. Bill passed by both houses cannot become a law without his
assent.
2. He summons and prorogues both the houses.
3. Addresses both the houses.
4. Issues ordinances.
Rajya Sabha Composition

RS is composed of not more than 250 members’. Of these 12 are nominated

by the president. The remainder 238 shall be elected by the method of
indirect election from states and UT's. RS reflects the federal character by
representing the units of federation. The distribution of seat's in RS is
provided in 4th Schedule.
1. Nomination: Nominated by president from fields of Literature,
Science, Art's and Social service.
2. Elected Members are 238 from states and Union Territories,
representation of states shall be in accordance with the system of
proportional representation by means of a single transferrable vote.
3. Representation of UT's: Representatives of UT's shall be chosen in
such a manner as the Parliament may prescribe.
4. Parliament has prescribed that members of UT's shall be indirectly
elected by an electoral college for that Territory, in accordance
with the system of proportional representation by means of a single
transferrable vote. Out of the 7 UT's only 2 namely Delhi and
Puducherry have representation in council of states. The
population of other's is too small to have any representation.
Lok Sabha Composition
Maximum strength of LS is fixed at 552 by the constitution. In LS, a
maximum of 530 members are representatives of states. UT's are represented
by a maximum of 20 members’ and the President can nominate 2 members of
Anglo Indian community if they are not adequately represented.
1. Representation of states: Direct election on the basis of universal
adult franchise. Every Indian citizen above 18 years of age, who is
not otherwise disqualified, is entitled to vote in such an election.
2. Representation of UT's: Member's to be chosen as the parliament
may by law provide accordingly Parliament has enacted UT direct
election to House of People Act 1965, by which representation of
UT's are chosen by direct election.
3. Nominated member's: President can nominate 2 members of Anglo
Indian community if they are not adequately represented in LS.
Nominated member can be appointed as a Union Minister.
System of Election to LS
Territory of India to be divided into suitable territorial constituencies with
uniformity of representation in two respects.
Between different states: Each state is allotted the seat's so that The no of
seat's/Population of state remains same as far as practicable. It does not
apply to state having popn less than 6 million.
Between different constituencies in the same state: Each state is
divided into territorial constituencies in such a manner that the
ratio between the /Population of each constituency / The no. of
seat's allotted to it remains’ same throughout the state.
Delimitation Commission: Under Article 82 the parliament
enacts a delimitation commission, this delimitation commission
demarcates the boundaries of parliamentary constituencies as per
the provisions of Delimitation Act. The orders of delimitation
commission have the force of law and cannot be called into
question before any court of law, orders of delimitation
commission are laid before Lok Sabha and State Legislative
Assembly, they cannot affect any modification's in the orders of
the commission.
Seats are reserved for SC's and ST's in LS on the basis of
population of these groups in various states.
Rajya Sabha Composition

MP's are elected by MLA's of each state or an electoral college in case of

UT's by means of proportional representation by single transferable vote.

Proportional representation not for LS because of low literacy.

Conduct of Business

Duration of Houses

1. RS: It is a permanent body i.e not subject to dissolution. 1/3rd of

its members retire on the expiration of every second year, in
accordance by the provisions made by parliament. Under the RP
Act 1951, it is provided that the term of office of each member of
RS shall be 6 year's. Thus, there is an election of 1/3rd of its
membership at the beginning of every third year. In the first batch,
it was decided by lottery as to who should retire.
2. LS: Term of a LS is 5 years, but can be extended by a law made by
parliament for 1 year at a time for any length of time. However,
this extension cannot continue beyond a period of six months after
the proclamation of emergency ceases to operate.
Sessions of Parliament:

1. Summoning: The president summons each house of parliament, the

maximum gap between two sessions should not be more than six months.
There are usually 3 session's in a year.
The Budget session (February to May).
The monsoon session (July to September).
The winter session (November to December).
A session of parliament is the period b/w first sitting of house and its
prorogation. The period spanning between the prorogation of a house and it's
reassembly in anew session is termed as ''recess''.
The sitting of a house may be terminated by dissolution, prorogation and
adjournment.

2. Adjournment: Within a session there are two of meeting's. Each daily

meeting consists of two sitting's Morning Sitting 11-1 and Lunch sitting 2-6.
An adjournment suspends work in a sitting for a specified time- Hour's, Day's
or Week's. Adjournment Sine Die mean's terminating a sitting of parliament
for a specified time- Hour's, Day's or Week's. Power of adjournment as well
as adjournment sine-die lies with the presiding officer of the house.

3. Prorogation: Prorogation terminates the session of the house. On

prorogation, it is only the president who can summon the house not
speaker. In England prorogation wipes out all the business pending at the date
of prorogation, in India all the bill's pending in Parliament are saved by
Article 107(3), but the pending notices, motion's and resolution's relapse.

4. Lame Duck Session: It refer’s to the last session of LS after a new LS has
been elected. Those members of existing LS who could not be reelected to
the new LS are known as Lame Duck's.

5. Dissolution: It end's the very life of existing house. The Bill’s, Motion's,
Resolution's, Petition's and Notice's pending before the house lapse with the
dissolution. If they were to be pursued they have to be reintroduced in the
next house after fresh elections. Position on Bill's is as follow's
Passed by LS pending in RS lapse. Since new LS will come
(Common Sense)
Bill pending in LS lapses.
Pending in RS not passed by LS does not lapse.
Passed by both houses but pending assent of president does not
lapse.
Passed by both houses but returned by president does not lapse.
Quorum
Minimum no of member’s to be present in any house before it
could transact any business. It is 1/10th of the total no of members
of each house including the presiding officer i.e 55 for LS and 25
in RS.
MP's
Domicile in a state is not a necessary qualification for a member to
be elected as a member of RS for a particular state.
 Defection

Disqualification on grounds of defection. Under the 10th Schedule a member

attracts disqualification if
He voluntarily gives up the membership of the political party on
whose ticket he is elected to the house.
He votes or abstains from voting in the house contrary to any
direction given by his political party.
According to Ravi Nayak Judgement, if a person is expelled from
a party he i not automatically disqualified upon expulsion. He will
be disqualified only if he joins a new political party.
Any independent member if join's any political party.
Any nominated member if join's any political party after the expiry
of six months. Within six month's no problem.
Exception's from disqualification
Split: As per 52nd Amendment Act, if 1/3rd of member's defect
from a party they would not be subjected to disqualification (91st
Amendment Act removed his exception). 91st Amendment also
made the strength of lower house as 15% of the total strength of
lower house.
Merger: SC has held that merger is not a disqualification. If the
entire party merges with another party provisions of
disqualification do not apply. If a member or a few members are
not willing to join the new party, they will not be subjected to
disqualification. For a merger to be permitted at least 2/3rd of
members should agree to the merger.
Advantages of Anti-Defection law
Bring's political stability.
May check corruption.
Promote party discipline.
Restrict the bridge of trust with voter's.
Criticism
 Reduces freedom of speech and expression of MP's.
It subject's the party to party whip and reduces MP's accountability
to the public.
Indian law still has many loopholes and has not been able to
completely curb the defection's.
Regarding Speaker
If speaker gives up membership of house he will not be
disqualified, if he join's any other political party then he will be.
After becoming an ordinary member speaker can only join his
original political party.
On question regarding disqualification of ordinary member, the
decision of the speaker or chairperson is final. For disqualification
of speaker, Chairman and Deputy Chairman the house elect's a
person and the decision of that person shall be final
 Presiding officers of the Parliament

Speaker of LS

Election
Speaker is a MP of LS who is elected by absolute majority and can
be removed only by effective majority. Only qualification
mentioned is for him to be a MP LS.
The speaker Pro-Tem presides over the sitting in which speaker is
elected, if the election fall's in the life of LS then Deputy Speaker
presides.
The speaker must vacate his office in following circumstances.

1. If he ceases to be member of LS.

2. If he resigns by writing to the Deputy Speaker.
3. If he is removed by a resolution passed by majority of LS. In
passing the resolution he can vote in first instance but not when
equality of votes is there.
4. When LS dissolves he does not vacate his office, and continues till
the newly elected LS meet's.
Role and Function
Without his permission, no member speaks.
Bill's, Report's, Motions and Resolutions are introduced with his
permission. He put's motion or bill to vote.
He does no use his vote but when there is a tie he uses his casting
vote.
He is the custodian of privileges and rights of the member's.
He disqualifies a member in case of Defection under 10th
Schedule, but his decision is subject to JR.
He presides over the joint sitting of LS and RS.
When a Money bill is transmitted from LS to RS it has to have a
endorsement of speaker. His decision as to weather a bill is money
bill or not is final.
 He acts as an ex-officio chairman of the Conference of Presiding
officers of legislative bodies in the country.
He appoints the chairman of parliamentary committees of LS and
supervises their functioning.
He is also the chairman of Business advisory committee, Rules
committee and General purpose committee.
Parliamentary Phenomena

1. Yielding the floor: The speaker can ask any person to stop
speaking. /i.e. To Respect the order of speaker.
2. Interpolation: Seeking clarification through ruling.
3. Crossing the floor: Changing the party.
4. Decorum: Parliamentary etiquette.
Speaker Pro-Tem
President appoints the senior most member of LS as the speaker
proem. The president administers oath to him. He presides over the
first meeting of LS and he has all the powers of a speaker.
Deputy Speaker
When Speaker is absent from sitting of the house the deputy
speaker presides, except when a resolution for his own removal is
under consideration.
When he is a member of any parliamentary committee he
automatically becomes its chairman.
Chairman of RS
VP of India is the ex officio chairman of RS. Not MP of RS.
Deputy chairman is a MP of RS elected by RS member's from
among themselves.
He can be removed by a resolution passed by majority of RS and
agreed to by LS. In both cases office holder need's 14-day notice.
Leader's in Parliament

Leader of the house (US: Majority leader)

The leader of the house is the PM if he is a member of the house or
 a Minister who is a member of the house and is nominated by PM
to function as the leader of the house.
The leader of the house in RS is the Minister or a member of the
RS nominated by the PM to function as such.
Leader of Opposition (US: Minority Leader)
The leader of opposition party having no less than 1/10th of the
total strength of the house is recognized as the leader of
opposition.
The leader of opposition in LS and RS were awarded statutory
recognition in 1977 they are also entitled to a salary and
allowances like that of a cabinet minister.
Whip
Inherited from colonial British rule. This office is based on
conventions of parliamentary government and is neither in the
constitution nor in the Rules of a house nor in the parliamentary
statute.
Every major political party appoints a whip who is responsible for
party's discipline and behavior on the floor of the house, he directs
the party members on the party's stand.
In certain cases, such as President’s election no whip can be issued
directing MP or MLA to whom to vote.
Devices of Parliamentary Proceeding's

Question Hour
Question hour is the first hour of a parliamentary sitting devoted to
question's that the members of a parliament raise about any aspect
of administrative activity. The concerned minister is obliged to
answer to the parliament, either orally or in writing, depending
upon the types of question's raised. Questions can be of three
types.

1. Starred Question's: Requires an oral answer and hence

supplementary questions can follow.
2. Un-starred Question's: Requires a written answer and hence
 supplementary questions cannot follow.
3. Short Notice Question: Is one that is asked by giving a notice of
less than 10 days. It is answered orally.
Zero Hour
The time immediately after question hour has come to be known as
zero hour. It starts at 12 noon and hence the name and members
can with prior notice to the speaker, raise issues of importance
during this time. It is an Indian innovation and is in existence since
1962.
Motion's

Discussion on any matter can take place only when a motion is made with the
consent of presiding officer. The house expresses its decision's or opinions on
various issues through the adoption or rejection of motions moved by
minister's or private member's. The motions are of three principal categories.
Substantive Motion: It is a self-contained independent proposal
dealing with a very important matter like the impeachment of
President or Removal of the Chief election commissioner.
Substitute Motion: It is moved in substitution of original motion
and proposes an alternative to it.
 Subsidiary motion: It is proposed with reference to the original
motion It is of 3 types

1. Amendment: Seeks to modify only a part of original motion.

2. Superseding Motion: Seeks to supersede the issue.
3. Ancillary: Used as a regular way of proceeding with various kinds
of business.
Closure Motion
It is a motion moved by a member to cut short the debate on a matter before
the house. If the house approves it, the debate is stopped and the matter is put
to vote.

Privilege Motion
Concerned with breach of parliamentary privileges by a Minister. It is moved
by a member when he feel that a Minister has committed a breach of
privilege of the house.

Calling attention Motion

Introduced by a member to call the attention of a Minister to a
matter of urgent public importance and to seek an authoritative
statement from him on that matter.
Adjournment Motion
If admitted sets aside the normal business of the house for discussing the
matter mentions in the motion which is a matter of urgent public importance.
It should not raise a question of privilege.
Should not deal with any matter that is under adjudication by the
courts.
Should not raise any matter that is discussed in the same session.
No confidence motion
It can be introduced only in LS; minimum 50 LS members should support the
motion. If this motion is passed the govt is bound to vacate the office.

Censure Motion
Can be moved only in LS by opposition of the house. It can be moved against
the council of ministers for their failure to act, if passed the Council of
Minister's does not have to resign but are bound to see the confidence of the
house as early as possible.

Resolution's

It is a procedural device to raise a discussion in the house on a

matter of general public interest. Both member's and Ministers can
move a resolution. Subject to provision's or the rules a member or
a minister may move a resolution.
It is of 3 types

1. Private Member Resolution: Moved by a private member.

2. Government Resolution: It is moved by a minister.
3. Statutory Resolution: It can be moved by a private member or a
Minister. Always moved in pursuance of a provision in the
constitution or an act of parliament.
Difference between a motion and a resolution.

Motion

Resolution

All Motion's need not be substantive.

All resolutions are substantive motion's.

All motions are not required to be put to vote.

All resolutions are voted upon.

A substitute motion is moved to a substantive motion.

No substitute motion is moved.

Legislative Procedure in Parliament

The bills introduced in parliament can be classified into four categories.

 1. Ordinary Bill's: They are concerned with any matter other than
financial subject's.
2. Money Bill's: Which are concerned with financial matters.
3. Finance Bill's: Concerned with financial matter's but are different
from money bill's.
4. Constitution amendment bill's: They are concerned with the
amendments of the various provisions of the constitution.
Ordinary Bill's
First Reading: First the bill is introduced in either house of
parliament either as Private Member Bill or a Govt Bill. The
member introducing the bill asks for a leave from the house. If
leave is granted the bill is introduced. This is first reading of the
bill.
Publication in Gazette: After the bill is introduced it is published in
the official gazette.
Reference of bill to the standing committee: After a bill has been
introduced it is referred to the concerned standing committee and
make report thereon. Standing Committee considers bill clause by
clause and it can also ask for public opinion.
Second Reading:

1. First Stage: House has a general discussion not clause by clause on

the bill and reefer’s it to the select committee of the house or a
joint committee of the two houses, the committee considers the bill
clause by clause, and the members of the committee can move
amendments to the various clauses.
2. Second Stage: Now the house discusses the bill clause by clause
and move amendment's which are accepted by majority of the
house.

Third Reading: Member in charge of the house can move that the
bill is passed. At this stage debate is confined either in support or
rejection of the bill.
In ordinary bill a simple majority of member's present and voting
 is enough while in constitutional amendment bill a majority of
total membership of the house and a membership of not less than
2/3rd of the member's present and voting is required.
When the bill is passed by one house it goes to the other house and
all the steps are followed except the introduction step i.e the first
stage. The other house may do the following

1. It may reject the bill altogether. In such a case provision of joint

sitting Article 108(1) may be applied by the president.
2. It may pass a bill with amendment's. In such a case, the bill will be
returned to the originating house. If the House which originated
the bill accepts the bill as amended by the other house, it will be
presented to the president for his assent (Art 111). If the
originating house does not accept the amendment and there is a
final disagreement the president may summon a joint sitting to
resolve the disagreement.
3. The other house may take no action on the bill i.e Keep it lying on
its table. In such a case if more than 6 month's elapse from the date
of receipt of bill, the president may summon a joint sitting.
4. President cannot call joint sitting if the bill has lapsed by the
dissolution of the house of people. But if the president has once
called for the joint sitting subsequent dissolution of the house of
people cannot stop the joint sitting of the two houses.
5. Procedure of Joint sitting art-108 is confined to bills for ordinary
legislation and does not extend to Bill's for amendment of the
constitution which must be passed by either house separately with
special majority.

President's assent

1. President can give his assent to the bill.

2. He can withhold his assent (absolute veto) only on advice of
Council of Minister's.
3. He can resend the bill for reconsideration by the house with a
message for reconsideration, when the houses if the houses again
pass it then he is bound to give his assent.
Money Bill's and Finance Bill's

Under Article-110(1), a bill is deemed to be a money bill if it contains

provision's dealing with all or any of the following matter's
Imposition, abolition, remission, alteration or regulation of any
tax.
Need's president's assent before introduction and can be introduced
only in LS and not in RS only by a minister and not a private
member.
The regulation of borrowing of money or the giving of any
guarantee by the GoI, or the amendment of law with respect to any
financial obligation's undertaken or to be undertaken by the GoI.
The custody of the Consolidated Fund or the Contingency fund of
India, the payment of money's into or withdrawal from any such
fund.
The appropriation of money's out of the consolidated fund of
India, the declaring of any expenditure to be expenditure to be
expenditure charged on Consolidated fund of India or the
increasing of the amount of any such expenditure.
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 the state.
A bill is not deemed to be a money bill by reason only that it provides for
Imposition of fines or any other pecuniary penalties.
The demand or payment of fees for licenses or fees for services
rendered.
The imposition, abolition, remission, alteration, or regulation of
any tax by any local authority or body for local purposes.
Money Bill's: Important Fact's
Money bill can be introduced only in lok sabha.
It can be introduced only on prior recommendation of the
president.
It can only be introduced by a Minister, RS cannot make any
 amendments to it but can give recommendation's.
RS has to return the bill to the LS in 14 day's with or without
recommendation's.
President cannot return a money bill for reconsideration.
It's defeat in Lok Sabha leads to the resignation of the government.
Certification of Money Bill's
If any question arises whether a bill is a money bill the decision of
the speaker is final. The speaker is under no obligation to consult
anyone in coming to a decision or in giving his certificate that a
bill is a Money bill.
The speaker's certificate on a money bill once given is final and it
cannot be challenged.
A money bill cannot be referred to a joint committee of the houses.
Finance Bill's
Finance bill's which do not receive speaker's certificate are of two
classes. They are dealt in Article-117 of the constitution.

1. First Class: Bill which contains any of the matter's specified in

Article-110 but do not consist solely of those matter's. For eg A
bill which contains taxation clause but do not solely deal's with
taxation. Such a bill need's president's assent before introduction
and can be introduced only in Lok Sabha. But being a finance bill
and not a money bill the RS can make amendments to it and even
reject it, or in case of disagreement b/w the two houses joint sitting
is there.
2. Any ordinary bill which contains provision's involving expenditure
from the consolidated fund and does not deal with any matter in
Article-110 is an ordinary bill and may be introduced in either
house with only one special provision that it cannot be passed in
either house unless the president has considered recommendation
of the bill, is a financial bill of second class.
Budget
Annual Financial statement is the term used in Constitution.
 It's the constitutional responsibility of President that the Budget id
presented before both the houses.
Budget is a Money bill.
Opposition can bring 3 kinds of cut motion's in Budget which can
be introduced in LS only.

1. Policy Cut: This type of 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 to Re. 1 only, which almost finishes
the demand for grant of a ministry.
2. Economy Cut: This type of cut motion aims that the amount of
demand be reduced to certain other amount and it represents that
the demand for grants should be altered.
3. Token Cut: This Cut Motion aims that the amount of the Demand
be reduced by Rs. 100” in order to ventilate a specific grievance,
which is within the sphere of responsibility of the Government of
India. Actually, Token cut is symbolic and 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. Implications of Cut
Motions the Cut Motions are mostly defeated due to 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. The cut motion can be
admitted to the house only if it is related to only one demand and not many.
No cut motion can be moved on charged expenditures. The cut motions are
important because they facilitate the constructive discussion on each demand
and uphold the principle of democratic government, by giving the members
power to veto the demands

Vote on Account and Interim Budget

Appropriation act, adopted by the parliament authorizes the govt to
incur expenditure for the financial year from 1st April - 31st
March. However, by the time budget is passed it is well into the
next financial year, therefore to enable the GoI, to continue to
incur expenditure the lok sabha under Article-116 adopts a
measure called Vote on Account.

Vote on account allows the govt of India to incur expenditure not

exceeding 1/6th of the demand that were granted in the previous
financial year.

The vote on account is passed as a budgetary process, but in case

of an election year the council of minister's may prefer to get vote
on account passed in place of a regular budget, where it is called
interim budget, but it is outside the budgetary process.
Are a vote-on-account and an interim Budget the same?
No. While a vote-on-account deals only with the expenditure side
of the government's budget, an interim Budget is a complete set of
accounts, including both expenditure and receipts.
So what is a full Budget?
The Budget is a statement of the financial position of an
administration for a definite period of time based on estimates of
expenditures during the period and proposals for financing them.
A full budget thus spells out both the way the money is to be spent
and how it is to be raised.
Why a vote-on-account and not an interim Budget?
A caretaker government typically opts for a vote-on-account, as it
is regarded improper for an outgoing government to impose on its
successor changes that may or may not be acceptable to the
incoming government.
Can a caretaker government not present a full Budget?
Yes it can. Since the concept of 'caretaker government' does not
exist in the Indian Constitution, legally there is no distinction
between caretaker government and a normal one.
Technically, it is not necessary for a government to present a vote-
on-account in an election year. But a full Budget just before the
elections makes a mockery of the whole exercise.
 Can the finance minister make policy statements while
presenting the vote-on-account?
Barring any announcement on taxation, the finance minister's
speech before seeking Parliament's approval of the vote-on-
account can contain his intentions on economic policy.
When former finance minister Yashwant Sinha presented the vote-
on account in 1991, he announced the Chandra Shekhar
government's plan to divest government equity in public sector
undertakings.
For how long can a vote-on-account be in force?
Normally, the vote-on-account is taken for two months only. But
during election year or when it is anticipated that the main
Demands and Appropriation Bill will take longer time than two
months, the vote-on-account may be for a period extending two
months.
Typically this period does not exceed six months, as that is the
maximum gap possible between two sittings of the Parliament.
Normally a vote-on-account is in operation till the full Budget is
passed.
Appropriation bill (Expenditure) and Finance Bill(Revenue)
After the general discussion on budget and the voting on demands
for grant's is completed, GoI introduces the appropriation bill. It
gives authority to govt to incur expenditure from Consolidated
fund of India. It is a money bill

Finance Bill: It gives effect to the taxation proposals of the GoI

and it is introduced in lok sabha immediately after the presentation
of the general budget after the Appropriation bill is passed,
Parliament has to pass the finance bill within 75 days of its
introduction. It is a money bill.
Accounts of GoI
1. Consolidated fund of India: This is the chief account of GoI, no
amount can be withdrawn from this without the authorization from
the parliament. The inflow to this fund is by way of taxes like
Income Tax, Cantal Excise, Custom's and also non-tax revenue
 arising from the conduct of business of govt, loans raised by issue
of treasury bills are also recieved here.
2. Public Accounts of Inda: Besides the normal receipts and
expenditure of Government which relate to the Consolidated Fund,
certain other transactions enter Government Accounts, in respect
of which Government acts more as a banker. Transactions relating
to provident funds, small savings, other deposits, etc., are a few
examples. The public monies thus received are kept in the Public
Account set up under Article 266(2) of the Constitution and the
connected disbursements are also made there from. Similarly,
Receipt and disbursement in respect of certain transactions such as
small savings, provident funds, reserve funds, deposits, suspense,
remittances etc which do not form part of the Consolidated Fund
of the state, are kept in the Public Account are not subject to vote
by the State Legislature.
3. Contingency Fund of India: The Contingency Fund of India
established under Article 267 (1) of the Constitution (money
maintained for a specific purpose) which is placed at the disposal
of the President to enable him/her to make advances to meet urgent
unforeseen expenditure, pending authorization by the Parliament.
Approval of the legislature for such expenditure and for
withdrawal of an equivalent amount from the Consolidated Fund is
subsequently obtained to ensure that the corpus of the Contingency
Fund remains intact. The corpus for Union Government at present
is Rs 500 crore (Rs 5 billion) and is enhanced from time to time by
the Union Legislature. The Ministry of Finance (Dept of Economic
affair’s) operates this Fund on behalf of the President of India.
Charged expenditure on Consolidated fund of India

In order to preserve the independence of certain crucial institution's, the

constitution provides that some expenses are supposed to be charged on the
consolidated fund of India. It means they do not constitute the vatable part of
the budget though the parliament can discuss these expenses. Hence
parliament does not exercise direct financial control over these expenses.
These are
1. Emolument's and allowances of president
2. Salary of Speaker and Chairman of LS and RS.
3. Salary and Pension of Judges of HC and SC
4. Salary and Pension of CAG.
5. Salary and Pension of UPSC chairperson and it's member's.
6. Administrative expenses of CAG, UPSC and SC
7. Debt charges for which GoI is liable for.
8. Sum's required for enforcement of any judgement, decree etc.
9. Other expenditure to be defined by an act of parliament to be
charged on consolidated fund of India.
Joint sitting of the two houses
Such a situation does not arise in case of a money bill, since the
lok sabha has the final power of passing it.
In case of Constitutional amendment bill, there is no provision of a
joint sitting and it must be passed in both the houses separately.
With respect to all other bill's the machinery provided by the
Constitution for resolving the deadlock is the joint sitting of the
two houses.
President cannot notify houses for a joint sitting if the bill has
already been lapsed due to dissolution of LS, but if the president
has notified his intention to hold a joint sitting the subsequent
dissolution of LS cannot stand in the way of Joint sitting being
held.
Speaker of LS presides over joint sitting if not then deputy speaker
then deputy chairman than any other member nominated by the
house. Never the Chairman of the RS as he is not a member of
either house.
Quorum to constitute joint sitting is 1/10th of the total members of
the two houses.
The joint sitting is governed by the rules and procedures of LS and
not RS. Due to larger membership LS succeeds in getting
demand's fulfilled. Since 1950 the provision of joint sitting has
been invoked only thrice
 1. Dowry prohibition bill, 1960.
2. Banking service commission bill, 1977.
3. Prevention of terrorism bill 2002.
Rajya Sabha

1. Revising Chamber: It has authority to discuss and delay

legislation, therefore it prevents hasty legislation.
2. As a Federal Chamber: It strengthens the country's federal fabric
being a state’s chamber.
3. As a Deliberative chamber: This aspect is reinforced by provision
of nomination of 12 members from Art's, Science, Literature and
Social Service.
4. A Chamber of Continuity: It is not subjected ti dissolution and
1/3rd of its member's retire every year, why?. 1) On dissolution of
Lok Sabha, the bills which are pending with RS will not lapse. 2)
Bill passed by RS and pending in LS also will not lapse on
dissolution of LS,
5. Effective smaller House: Strength is 250 compared to 550 in LS,
therefore it affords greater consensus building and accommodation
and adjustment among the members across party lines, it also
holds discussions on wide ranging issues.
6. Chamber of securing executive accountability: Out of the
present 24 Parliamentary committees 8 are functioning under the
direction and control of chairman of RS. These committees
provide a constructive criticism and considered recommendation to
the executive and GoI for formulating realistic budget's, plan's,
Program's for the welfare of the people.
7. Chamber for ventilating public grievances: It is the reflecting
surface of the problems faced by different states through its
discussions of issues of public importance.
Comparison of Lok Sabha with Rajya Sabha

1. Equal power's in relation to Lok Sabha

Equal right in impeachment of president, equal right in in the
 election and removal of vice-president. However, RS alone can
initiate the removal of VP.
Equal right for to make a law defining parliamentary privileges
and also to punish for its contempt.
Equal right with LS to approve the Proclamation of emergency
Enlargement of the Jurisdiction of SC and the UPSC.
Approval of ordinances issued by President.
2. Unequal status with LS.
Money Bill provision's.
Financial Bill.
RS can only discuss Budget which is also a money bill but cannot
vote on the demand's.
Resolution for discontinuance of National emergency can only be
passed by LS and not by RS.
Cannot remove council of minister's by passing No-Confidence
motion.
3. Special powers of RS
Legislation on state matter's: Rajya sabha by passing a resolution
with majority of not less than 2/3rd member's present and voting
can authorize the parliament to make law on any matter in the state
list. Such a resolution will remain in force for 1 year and can be
extended 1 year at a time.
Creation of or more All India Services: RS by 2/3rd majority of
member's present and voting, can pass a resolution for the creation
of one or more All India Services.
Proclamation of emergency by passing a resolution when LS
remains dissolved, it would be effective for a maximum period up
to 30 days from the date on which LS reconvenes and first si's.
Equality of representation of states in Rajya Sabha

The representation of various states in RS is unequal, unlike the US senate

where every state is allotted two seats. Pros and Cons are
1. Pros
It will make our polity more federal and smaller states would no longer allege
of being harassed by bigger states.

2. Cons
According to SC RS is not a federal chamber at par with US senate.
Members of RS do not vote in accordance of interests of state but on party
lines

Commitee System

Work done by parliament is not only varied and complex in nature, but also
considerable in volume and the time at its disposal is limited. Therefore, a
good deal of business is transacted at the committees of the house, known as
parliamentary committees. Parliamentary committee mean's a committee
which
Is appointed or elected by the house or nominated by the speaker
/Chairman.
Work's under the direction of speaker and Chairman.
Present's it's report to the house or to the speaker and chairman.
Every committee consisting of parliamentarian's is not necessarily
a parliamentary committee.
Parliamentary committees are of two types
Standing Committees: These are constituted from time to time in
pursuance of the provisions of an Act of parliament or Rules of
Procedure or Conduct of Business. The work of these committees
is of continuous nature. Financial Committees, Department related
standing Committees etc come under this category
Ad-Hoc Committees: They are constituted for a specific
purpose, they cease to exist when the task assigned to them is
completed and then they submit a report. Ad-Hoc Committees
can be further divided into

1. Inquiry Committees: Enquire and submit a report for eg 2g Scam

etc.
 2. Advisory Committees: Include select or joint committees on
bill's, which are appointed to consider and report on a particular
bill.
Joint Parliamentary Committees/Indian innovation / Constituted for
scam's investigation

It is an adhoc joint committees set up for a specific purpose and

limited duration primarily for investigation of charges of
corruption on govt. The no of members of LS are double the no of
members of RS.
Following parliamentary committee’s ac as Parliament's watchdog's over the
executive.
1. Committee on subordinate legislation.
2. Committee on government assurances.
3. Committee on estimates.
4. Committee on Public Account's.
5. Committee on Public undertaking's.
6. Department related standing committees.
Important standing committees.

1. Public account's committee.

It's strength is 22 with 15 members from LS and 7 from RS,
members by proportional representation, chairman appointed by
speaker and is from opposition.
The main job of committee is to ascertain whether the money
granted by parliament to the govt is spent by the govt within the
scope of demand. Ministers are not eligible for election to the
committee.
They analyze the report of CAG, point towards vague, inefficiency
and extravagance. CAG submits 3 report's Appropriation accounts,
finance account's and public undertaking's. It examines first two
only third under PAC.

2. Estimate committee: Most important,

 It has only members of Lok Sabha, Total Strength is 30 and
Minister's cannot be a member. Chairman appointed by speaker
from ruling party.
System of election is STV i.e single transferrable vote system,
Speaker can be a chairman but it is not necessary for speaker to be
a member.
Function is to examine estimates included in the budget and
suggest economies in public expenditure. Hence it is called
continuous economy committee.
Their work is, how to bring economy and efficiency can be
brought in administration.
Is expenditure demanded is within the parameter of policy
sanctioned.
It cannot question the policy approved by parliament.
Though they analyze the budget of current year but
recommendation will be used for next year budget preparation.
3. Committee on Public Undertaking's PSU
Strength is 22, 15 from RS and 7 from LS.
Function is see finances of PSU's and to examine report of CAG
on PSU's.
Chairman nominated from LS by speaker
4. Business advisory committee.
Regulates program and time table of the house. It allocates time for
transaction and of legislative and other business brought before the house by
the government. LS committee has 15 members with speaker as its chairman
while RS committee has 11 members with Chairman as it's ex-officio
chairman.

5. Department related standing committees (System introduced in 1993)

1. Each DSC has 31 members’, 21 from LS and 10 from RS.
Member's from LS are nominated by speaker and members from
RS by chairman. No ministers can be appointed as it's member's.
2. Functions are to consider demands for grants of concerned
 ministries before they are discussed and voted in LS and examine
bills of concerned ministries.
3. C on Commerce
4. Industry etc total of 24.
5. Out of 24 committees 8 work under RS and 16 under LS.

Enquiry committee
Committee on petitions also called ombudsmen of public
grievances.
People can send direct petition to parliament for redressal of their
grievances.
Committee on privileges. LS 15 member's and RS 10 member's

Committees only of LS

1. Committee on private member bill's.

2. Committee on absence of member's from sitting of the house.
3. Library committee.
4. Joint committee on salary on allowances.
5. General purpose committee
Has presiding officers of both the houses. Depty chairperson and
deputy speaker.
Person whose name is in panel of chairperson's.
Leaders of recognized parties and groups.
Any other member nominated by presiding officer's.
Purpose: 1. Any matter of adhoc nature, related to houses 2. Any
matter which do not fall in any other committee.
Interstate water dispute (ISWD)

Article-131: Original jurisdiction of SC. This system was in practice till 1956
Article-262: If parliament thinks it can exclude interstate water disputes from
the jurisdiction of any court including SC. In 1956 parliament has passed
interstate river water dispute act and excluded the jurisdiction of SC. This act
creates tribunal. States still go to SC under special leave petition.
Article-263
Water supply
Irrigation Canal
Drainage Embankment
Water Shortage
Hydropower
It is subjected to entry 56 of union list.
Union list Entry 56: Regulation and development of interstate river's and
river valleys to the extent it is declared to be under the control of union by
parliament, which can declare so in public interest.

System under Interstate water dispute Act'

Parties in dispute can reach central govt.
It list's certain disputes to be treated as water dispute's.
Any state can request union govt to constitute tribunal. Union govt
will first try to resolve by mediation after which it will constitute
tribunal.
Since 2002 it has become mandatory to constitute tribunal within a
year.
State of Madras and State of Mysore had an agreement on Cauvery
water in 1924 for 50 year's. Since 1970 TN govt had been
requesting union govt, it was only with request from SC that
tribunal was constituted.
Composition of Tribunal: It was constituted by CJI and will
consist of one judge of SC and
Punchii commission has suggested to have multidisciplinary
tribunal.
Award of tribunal: There have been extraordinary delay in
tribunal's giving Award and in 2002 it has become mandatory to
give award within 3 years and in exceptional situation's 5 year's.
Cauvery tribunal constituted in 1990 has.
Status of interim award: Earlier it was not clear but as a result of
Cauvery water dispute SC has instructed that interim award can be
given. Applicability of the award: It becomes applicable from the
day it is published in the gazette. It is equal to the order of SC and
HC.
It is obligation of central govt to get the award implemented.
Can award be challenged in SC: Award cannot be challenged but
the functioning of tribunal can be challenged.
Implementation of award: It is the responsibility of union govt, but
in most of the cases union govt has not fulfilled its obligation for
eg Award in Cauvery water came in 2007. SC directed union govt
to institute an implementing authority headed by PM Manmohan
Singh.
 Chapter VII: Union Executive
India adopted Westminster Model of Democracy, where parliament
is the supreme law making body. Executive has the sole authority
and responsibility for the daily administration of the country.
President, Vice President, PM, Council of Minister's, Attorney
General form the executive. A similar structure operates at the level
of states too, Where Governor, CM, Council of Minister's and
Advocate generals operate.

President
President as a titular head is needed because
His office can be considered above party politics’ and is a
symbol of unity, integrity and solidarity of the nation.
As the life of council of minister's is uncertain so there
has to be an office with fixed term to ensure continuity in
administration.
Additional reason in context of federalism is MLA's
participate in election of president, hence the president
can be said to represent the states too.

Article 74:
Uptil 42nd Amendment president was not bound to Act on the
advice of PM, in 42nd Amendment president shall Act on advice of
PM, 44th Amendment President can send back the advice once.
There are some unparliamentary features, president can send
messages to PM, president can send back ordinary bill back for
reconsideration of PM.
President can exercise power either directly or through officer's
subordinate (It include's minister's).
President is also the supreme commander of defence forces.
Tells that all executive actions of GoI shall be expressed in the
name of president.
President shall be called into action in any court in relation to
performance of his duty.
Election of President:
Citizen of India.
Age 35yrs+1 day.
Must be qualified to be a member of LS.
Must not be holding any office of profit.
No restriction on no of term's.
5-year term but can be impeached for violation of
constitution.

Electoral College for election of President

It consists of
1. Elected MP's of both houses of parliament.
2. Elected MLA's of legislative assemblies of states.
3. Elected MLA's of UT's of Delhi and Puducherry
(Included by 70th CA Act, 1992).
Following members are not allowed to vote in Presidential election.
MP Lok Sabha Nominated member's
MP Rajya Sabha Nominated member's
MLA Nominated member's
MLC Elected+Nominated member's
MLA Delhi and Puducherry Nominated member's

Takes the oath to preserve, protect and defend the

constitution and law.
System of election
Proportional representation by single transferrable vote
system
Value of vote of MLA= (Total popn of state/Total elected
MLA's in state) *1000

Value of vote of MP= (Total votes assigned to all MLA's /

Total elected MP's of both houses of parliament)

Each candidate requires a quota of votes, each voter is given a

ballot paper with list of candidates, he has to give his
preferences as 1,2,3,4, against the name of the candidates. In
the first phase first preference of votes are counted, if the
candidate secures the required votes he is declared elected,
otherwise the process of transfer of votes is set in motion, the
ballot of candidate securing the least no of votes is cancelled
and his second preference votes are transferred to first
preference votes.

MP's of both houses of parliament, MLA's of both

legislative assembly and since 1992 members of Delhi
and Puducherry.
Winning candidate requires Quota of votes= Total
candidates/ Total no of winning votes +1.
Nominated member's do not participate.
 SC shall have power to decide the dispute on election of
president and SC decision is final.
If dispute is relating to MP's the president will take final
decision of dispute, if it is relating to president final
decision is of SC.
Criticism of manner of election
Direct election by an electorate as large as in India would
mean tremendous loss of time, energy and money.
Under the system of Govt introduced in India real power
lies with PM, so it would be anomalous to elect a
president without giving him real power's.
Procedure for impeachment:
Either house can prefer the charge but before such charge a
resolution has to be brought supported by 1/4th of the total no of
members of the house giving their intention. President will be
served 14-day notice. In first house resolution has to be passed by
2/3rd of the total strength of the house. It will go to the second
house. 2nd House will act as a investigative house.
Note:
1. Nominated members of either house can participate in the
impeachment of the president, though they do not
participate in his election.
2. MLA's of States and UT's of Delhi and Puducherry do not
participate in impeachment of president though they
participate in his election.
3. So far no president is impeached in
India

President is removed from the office from the date of

passage of 2nd resolution.
 If Vacancy arises Vice-President than CJI than Senior
most judge of SC, election's to be held within 6 months
from the arising of such vacancy

Executive powers of president

All executive powers of union are formally taken in his
name.
He has power to appoint in consultation with council of
Minister's headed by PM
1. CAG
2. CEC and other election commissioner's.
3. Chairman and members of UPSC
4. Governors of states
5. Chairman and members of Finance Commission.
6. Judges of HC and SC in consultation with CJI.
7. Appoint CSO in consultation with UPSC.
8. Appoint commission to investigate conditions of SC’s and
OBC.
9. Appoint interstate council to promote center state and
interstate cooperation.
10. Directly administers UT's through
administrator's appointed by him.
11. Can declare any area as Scheduled area and has
powers to administer it.
12. Lays before the parliament report of Finance
Commission, UPSC, National C for SC and ST, CVC,
CIC and CAG relating to accounts of union.
13. On the advice of EC he can suspend a MP.
Powers of President with respect of Administration of
Scheduled /Tribal areas
1. Power to declare an area as Scheduled area.
2. Power to declare that an area will cease to be a Scheduled
Area.
3. Power to constitute Tribal Advisory Committees (TAC).
Legislative powers of President
Can appoint any member of LS to preside over its
proceeding's when the office of both speaker and deputy
speaker is vacant likewise for RS.
He can appoint 2 members of Anglo Indian community to
LS if he thinks that the community is not adequately
represented and 12 members to RS from Art's, Science,
Literature, Social Service etc
Constitution requires previous sanction of president for
introducing certain legislation. For Eg. A bill which seeks
to create a new state or change the boundary of existing
state or change the name of a state or a bill which would
require expenditure from the consolidated fund of India.
Money bill also requires previous sanction of the
president before their introduction in the lower house.
All bills passed by P need's his consent to become act's.
For an ordinary bill President can send it back once,
Money bill he cannot send, Constitutional Amendment
bill he cannot send.
For a state bill reserved by governr for President's
consideration he can return the bill and it's not bound on
him to give his assent.

Ordianance making power of president

Ordinance making power is unique to south asia and is a
colonial legacy, GoI Act 1935 provided for ordinances by
governor general, in constituent assembly it was opposed
by KT Shah and HL Kungru as it violated separation of
powers but ambedkar supported it to deal with emergency
situations when it's not possible to conducct session of P.
Art 123 deals with ord making power of president and
article 213 deals wih ord making power of governor.
Difference in ord making power of gvrnr and president:
Some ordinances can be brought only with prior
permission of president. Where under the constitution
such bill would have required previous sanction of
president recommendation of president or which would
have made it necessary to preserve the bill for president's
consideration.
All those subjects on which union parliament can make
law.
Ordinance will have same force as law of parliament.
It should be laid before both the houses of parliament and
shall cease to operate, on the expiry of six week's from the
date of its reassembly, unless approved by parliament to
become an act, in case both the houses are assembled on
different dates, than the period of six weeks is calculated
from the latter of those dates. If before the expiry of six
week's a resolution is passed by parliament disapproving
it, the ordinance than becomes inoperative.
When both houses are not in session, when only one
house is in session. Only then ordinance can be brought.
President has to be satisfied that circumstances exist
which make him necessary to take immediate action,
however this has been subjected to controversy.
Is ordinance subjected to JR. 44th Amendment Act 1978
deleted clause 4, 1982 Ak Roy v/s Union of India case.
Issue was National Security Ordinance which permitted
preventive detention, this was challenged in the court. In
this case first time SC accepted that ordinance making
power is subjected to JR and approach should not be
casual.
Ordinance raj is a fraud and will be treated as colourable
exercise of power (Cannot be justified in any manner).
In other word's ordinance is indeed subjected to JR on
grounds of Malafidae.
Other constitutional safeguard's: It is for limited period
unless ordinance is aproved by parliament and is
transformed into a law it cannot continue beyond six
weeks after reassembly of parliament, if parliament
think's that it can disapprove the ordinance earlier by
passing resolution disapproving it. Maximum term for
ordinance is 7 and half month at a time and president can
withdraw ordinance any time.
Trend in India: It has become a system to bypass
legislature and every govt goes for ordinances, as per data
pandit nehru brought 1 ordinance every 30th day. In case
of Indira gandhi estimate is one ordinance every 20th
Day, Narsimha Rao one ordinance every 16th Day,
Ordinance have been brought immediately after
conclusion of the session. It has become a way out for the
govt to deal with non-cooperative opposition so both govt
and opposition is responsible, there should not have been
ordinance on policy matters.
 An ordinance may have retrospective effect and may
modify or repeal any act of parliament, or even another
ordinance. It may also amend or alter a tax law, but can
never be used to amend the constitution
Veto powers of Indian President
Absolute Veto: It mean's President can withhold his
assent to a bill passed by parliament. This veto is
exercised in following two cases.

1. With respect to private member's bill's.

2. Govt bill's, when the cabinet resigns and the new cabinet
advises the President not to give his assent to a bill
pending for his assent.

Pocket Veto: In this case President neither ratifies nor

reject's the bill, he simply keep's the bill pending for an
indefinite period. The president can exercise this veto
power as the constitution does not prescribe any time limit
within which he has to take the decision with respect to a
bill presented to him for his assent. In US the president
has to return the bill within 10 days, that's why it is said
that pocket veto of Indian President is bigger than US
president. President does not have this veto in case of
constitutional amendment bill where he is bound to give
his assent (24th Amendment).
Suspensive Veto: It means when a president resends a
bill to parliament for reconsideration it can be repassed by
ordinary majority (and not higher majority required in
case of qualified veto of US President).
Pardoning power of President (Article-72), President has
power to grant
 Pardon: Sentences by court martial, Death sentence,
Where Offence is against the law on which executive
power of union prevail's. Governor: No pardoning power
in case of court martial and death sentences. In
Completely absolve the person as if he has not committed
any crime.
Respite:, Looking into the condition's for eg Pregnant
woman.
Reprieve: Stay on execution eg Death for a temporary
period. Purpose to enable convict to have time to seek
pardon.
Remission: To reduce the sentence.
Commute: To change the nature of sentence for eg Death
sentence into life imprisonment.
Difference with Mercy powers of governor
Pardoning power of President is wider than the pardoning
power of governor in two ways
1. President ha spower to pardon court martial.
2. Pardon of governor does not extend to death sentence
Is president's power subjected to JR
Pardoning Power: Yes.
Maruram v/s GOI Case President's power is subjected to
JR on the ground of malafide intention's.
Shatrugan Chauhan Case SC held that it is not president's
power but constitutional obligation, extraordinary delay in
disposal of mercy etition will result into death sentence
commuting into life imprisonment.
Emergency Power's
 Inspired from GoI Act 1935 and Constitution of Germany.
Three kinds of emergency are there National, State and
Financial emergency.
National Emergency
Article 352: The president can declare national emergency
when the security of India or any part of it is threatened
by war, external aggression or armed rebellion. 44th
Amendment Act substituted the word armed
rebellion for internal disturbance. So it is no longer
possible to declare internal emergency for internal
disturbance.
External Aggression= External emergency, Armed
rebellian = Internal emergency.
National emergency can be either for entire country or
any part of it.
President can approve it only after receiving a written
recommendation from the cabinet and not merely on
request of PM (44th Amendment Act).
Proclamation of NE is subjected to JR.
Proclamation must be approved by both houses of
parliament within 1 month from the date of Proclamation.
If proclamation takes place when lok sabha is not in
session then approval has to take place within 1 month
from the first sitting of LS.
Proclamation survives for six months can survive
indefinitely with an approval of parliament for every 6
months. All such resolution's must be passed by special
majority i.e Majority of total house and 2/rd of the
member’s present.
Effect:
 1. Federal structure folded to unitary for uniformity of
administration.
2. Legislative power of parliament extends into matters of
state list.
3. President can direct any state indicating the manner in
which their executive power is to be exercised.
4. He can rearrange distribution of revenue b/w center and
state, holding revenue for center.
5. FR's can be reasonably restricted.

National Emergency has been invoked 3 times

1962 Chinese Aggression
1971 Indo-Pak War
1975 Internal Political crisis

State Emergency/ President's rule

State emergency/Constitutional emergency/President's
rule
Can be imposed under
1. Article 356: Failure of constitutional machinery in state
2. Article 365: Failure to comply with or to give effect to
direction's given by the union.

Proclamation should be approved by parliament within 2

months by both houses of parliament. Thereafter it
remains’ in force for 6 months. It can be extended for max
3 years with approval from parliament every 6 months.
President dismisses the Council of Minister's headed by
CM administers state through Governor with the help of
Chief secretary of State.
 President suspends/Dissolves the state legislative
assembly and powers of state legislature in that case are
exercised by Parliament, Parliament can delegate these
powers to president.
In SR Bommai case, SC held that Presidential
proclamation of state emergency is subjected to JR.
Financial Emergency
Under Article 360, if satisfied that financial stability or
credit of India is threatened.
Can continue for indefinite period until revoked by
President, must be approved within 2 months by
Parliament from the date of its issue.
Can issue directions to state to observe canon's pf
financial propriety, can reduce salaries and allowances to
any class of person's serving under the state.
All Money and Financial Bills of state legislature are
reserved for President's consideration during the period of
financial emergency.
The state of financial emergency has not yet been
declared so far in the country.

Vice President

This office is modeled on the lines of American Vice-

President.
In Vice president's election members of state legislative
assembly do not particiate.
Person should be qualified for membership of RS.
Can be removed by effective majority in RS, ageed by
 LS.
Qualification's
Citizen of India, should have completed 35 years of age,
Should be qualified for election as member of RS, should
not hold office of profit.
Election of VP
Same as president. Electoral college consists of only
MP's. It differs from electoral college of President in 2
ways
1. It consists of both elected and nominated members of
Parliament (In case of President only elected member's).
2. It does not include MLA's.
Term of office
Term of office is 5 years, can be reelected for any no of
term's, Can be impeached before by a resolution passed in
RS by absolute majority and agreed by LS.
Resolution of removal of VP can be moved in RS alone.
Power's and Function's
Ex-officio (Not a member of RS, although Vice Chairman
is a MP of RS) chairman of RS. Same power's as speaker
of LS.
Can act as President for a maximum 6 month's period
when vacancy arises in his office. While discharging
functions of President he does not perform duties of
Chairman of RS, Vice-Chairman does.
Comparison with US Vice president
American VP if becomes P as a result of Vacancy in the
office of P, he continues to remain P to the remaining
 unexpired term while Indian VP in case of vacancy of P
office merely serves as an acting P until the newly elected
president assumes charge. Thus, office of VP is mainly
constituted to main political continuity of Indian state.
Prime Minister

President is nominal executive (dejure executive).

PM is the real executive (defacto executive).
PM is the Chairperson of Niti Aayog, National Development
Council, National integration council, Interstate council.
He is also the ex officio chairperson of National Water Resource
Council, CSIR and DRDO.
Appointment
President has to appoint the, leader of majority party in
LS as the president.
If no party has majority in LS than the president may
exercise his personal discretion in the selection and
appointment of PM, in such a situation the president
usually appoints the leader of the largest party or coalition
in the Lok Sabha as the PM and asks him to seek a vote of
confidence in the house within a month.
Power's and functions of PM
PM is the leader of lower house.
He advises the President with regard to summoning
and proroguing the sessions of the parliament.
He announces GoI policies on the floor of the house.
Other power's and function's

Council of Minister's
 It is not necessary that at the time of appointment as a
minister, the person should be a member of either house
of Parliament.
Council of Minister's headed by PM will give advice to
the President who can send the advice back once for
reconsideration of PM.
The total no of minister's including the PM in the council
of Minister's shall not exceed 15% of the total strength of
LS (91st Amendment Act' 2003).
The minister's hold office during the Pleasure of
president.

A Minister who is not a MP for any period of six

consecutive months shall cease to be a minister.
Composition of council of Minister's
Cabinet minister’s: They are those who hold very important
portfolio's like Defense, Home, Finance and Foreign Affairs. Their
no. varies from time to time. Cabinet ministers collectively
formulate the policy of the government and are entitled to attend all
the policies of the meetings of the cabinet. Occasionally senior
leaders are included in the cabinet as ministers without portfolio.
Ministers of state: They are next in the rank and hold
independent charge of a department or sub-department
included in the portfolio of cabinet minister. They have no
share in the formulation of policy of the govt and attend
Cabinet Meeting's when specially invited and when
affairs of their departments are being considered.
Deputy Minister's: They are next in rank to ministers of
state, they do not hold independent charge of any
department and perform such functions as the minister in
 charge may delegate to them.
Parliamentary Secretaries: They are MP's. They have no
independent power's or function's. They assist the
Minister's to whom they are attached in the parliamentary
work.
Functions of Cabinet
Legislative Power's: Most of the bills are introduced in
parliament by the Minister's and are always passed by the
Parliament because of the support they enjoy. The bill's to
be introduced by the Ministers are considered by the
Cabinet and then approved. The cabinet may make such
changes in the bill's as it thinks are necessary.
Financial Power's: Cabinet is responsible for all expenses
of the govt and sources of revenue to finance the
expenditure. Cabinet cannot make changes in the budget,
but in the light of discussion on budget proposal's in the
parliament, the cabinet can make alteration's.
Power of making appointments: All the functions of
president are actually advised by cabinet, who can resend
the advice once , after which it is binding. (44th
Amendment Act).
PM shall communicate to the president about the
proposals for legislation.
Cabinet Committees
Cabinet committees have been set up on the recommendation of N.
Gopalaswamy Ayangar's report on the reorganization of the
Machinery of Govt (1949). These were instrument's to 'organize
coordination on a decentralized basis'.

Ad-Hoc commits are constituted from time to time to deal with

problem's that come up. For eg committee on Land Bill.
There are four committees that have existed under all govt's in
power at the center.
1. Political affairs committee: It is chaired by PM and its
other members include Home Minister, Defense Minister
and External affair's minister. It deals with internal
development's and foreign relations.
2. Economic affair's committee: It's members are PM, FM
(Finance Minister), Rural Development Minister and
Industry Minister.
3. Committee on parliamentary affair's: Members are i and b
Minister, Minister of labor and parliamentary affairs, Law
minister and Home Minister as its chairman. The
committee look's after the progress of Government
Business in Parliament to secure smooth passage of
legislation.
4. Appointment's Committee: Has PM as Chairman, HM and
Minister Concerned.
Principle of collective responsibility

All the ministers are collectively answerable to the Lok Sabha (not
RS) for the policies and decisions of the govt, even though a
decision taken may pertain to a single ministry.
The individual minister's may have differences among themselves
on certain issues, but once a decision is taken by the cabinet it
becomes a joint decision of all the Minister's. It is the duty of every
minister to stand by the cabinet decision's and support them both
within and outside the parliament. Thus, council of minister's work
as a team and they swim and sink together.
If LS passes a no confidence motion against the council of
ministers, all the ministers have to resign, including minister's from
RS.

Attorney General

He is the highest law officer of the country and he is appointed by

the president. He must be a person who is qualified to be appointed
as a Judge of SC i.e. He must have been a judge of HC for five
year's or an advocate of some HC for 10 years or an eminent jurist
in the opinion of the president. He reign’s when the govt reign’s or
is replaced, he enjoys office during pleasure of the president.

Duties of attorney general

To give advice to GoI upon legal matters, which are
referred to him by president.
To perform other duties assigned to him by the president.
To discharge the function's conferred on him by the
constitution or any other law.
The president has assigned the following duties to the attorney
general
To appear on behalf of GoI in all cases in the SC in which
GoI is concerned.
To represent GoI in any reference made by the President
to the SC under Art 143 of the constitution.
To appear in any HC in any case in which GoI is
concerned.
Right's and Limitation's
Right to audience in any court in the territory of India.
Right to speak and take part in the proceedings of both
houses of Parliament or Joint Sitting or any committee of
parliament of which he is named a member but without a
right to vote.
 He enjoys privileges and immunities available to MP's.
Limitation’s
Should not advise or hold brief against the GoI.
Should not defend accused person's in criminal
prosecution without the permission of GoI, though he is
not debarred from private practice.
Should not accept appointment's as director in any
company without the permission of GoI.
He is not a Govt Servant and enjoys status of Cabinet M.
Offices of Solicitor general of India and Additional solicitor
general exist to assist him.

Chapter VIII: State Executive and Legislature

State Executive
It is dealt within the articles 153 to 167 in part 6 of the constitution.
It is organized on the same pattern as union executive, with
Governor at the apex, CM, Council of Minister's and Advocate
general of state.
Governor

Article 153 provides for a governor for each state. However the
article was amended by 7th CA Act which came as a result of state
reorganization commission and currently the same person may be
appointed as Governor for two or more states.

Appointment

Governor is appointed by the president and he is a nominee of the

central government. While Governor prescribed term is five years,
he may be removed at any time by the president.
Punchii commission observes that the practice of treating Governor
as political football should be stopped and institution's must be
given a fixed term and safeguards to prevent politicization.

Founding fathers of constitution envisaged the office of Governor

as the non-political office, acting as an organic link between the
center and state, but this has not been followed in practice. There
has been an argument that the Governor office is used as a post
retirement reward for politician's and retired bureaucrat's.

The Raja Mannar Committee appointed by Tamil Nadu Govt

suggested the following which was supported by Sarkaria
Comission and Punchhi Commission.
CM of a state must be consulted before appointing a
person as the Governor.
If the CM is against such an appointment, that person
should not be appointed.
Why the gvnr is appointed and not elected.
Direct election of Governor may create a rivalry between
the CoM and Governor who may think of him as the real
authority.
Condition's for appointment of the Governor and his office
He should be a citizen of India.
He should have completed the age of 35 year's.
He cannot be a member of either houses or any of the
state legislature.
He cannot hold any office of profit.
 His emolument's and allowances should not have
diminished during the term of his office.
Chief Justice of the concerned High Court administers
oath to the Governor. In his absence senior, most judge of
the HC.
Governor can be transferred from one state to another by
the President.
Legislature of a state does not have any role to play in
removing the Governor from his post.
Power's and functions of Governor
He powers can be studied under following head's.
Executive power's.
Legislative power's.
Financial power's.
Judicial power's.
Mercy power's
1. Executive power's:
All executive Acton’s of state govt are formally taken in
his name.
He appoints CM, CoM state and Advocate general.
He appoints state election commissioner and his
conditions of service and tenure of office. SEC however
can be removed in manner as a Judge of HC.
He appoints Chairman and Members of State Public
Service commission. However, they can be removed by
president and not Governor
He can make a recommendation to President to impose
emergency in state under Article-356.
 He acts as chancellor of Universities in State and he
appoints the vice-chancellor of universities in state.
2. Legislative power's
He summons, prorogues state legislature and he can
dissolve state legislative assembly.
When Speaker and Deputy Speaker fall, vacant Governor
can appoint any member of state legislative assembly to
preside over its proceeding's.
When a bill is passed by state legislature Governor can
give, withhold his assent or return the bill (if not a money
bill) for reconsideration of state legislature. He can also
reserve the bill for president's reconsideration.
He nominates one member of Anglo-Indian community of
Legislative assembly and 1/6th of MLC's from arts,
science, cooperative movement and social service.
He can promulgate an ordinance when legislature is not in
session. These ordinances have to be approved within six
week's from reassembly.
De decides on disqualification of MLA in consultation
with state election commission.
He lays before the state legislature, the reports of state
finance commission, state public service commission,
CAG relating to accounts of state.
3. Financial power's
Money bills can be introduced only with his prior
permission like president at center.
Demand for grant's can be only made on his
recommendation.
He can use Contingency fund of state to meet any
 unforeseen circumstances.
Constitutes finance commission every 5 years to see
financial position of Panchayat's and Municipalities.
4. Judicial Power's
The President consult's gvnr, while appointing the judges
of the concerned HC.
He makes appointment's, posting's and promotions of
district judges in consultation with state HC.
He appoints person's to the judicial service of the state in
consultation with the state HC.
5. Mercy Power's
Pardon: On sentences of court martial-Death sentence,
Governor: No pardoning power in case of court-marshal
and death sentence. The pardon Completely absolve the
person as if he has not committed any crime.
Respite, Looking into the condition's for eg Pregnant
woman.
Reprieve: Stay on execution eg Death for a temporary
period. Purpose to enable convict to have time to seek
pardon.
Remission: To reduce the sentence.
Commute: To change the nature of sentence for eg Death
sentence into life imprisonment.
6. Discretionary Power's:
Reserving a bill for consideration of president.
Withhold his assent to a bill.
Advises President on the issue of failure of constitutional
machinery in state.
He can appoint a new Cm where no single party enjoys
 the Majority support.
He act's on the advice of CoM except on matter's where he can act
on his discretion. After 42nd Amendment CoM advise is made
binding on President but no such binding exists for the CM.

The office of governor worked well till 1967 during the era of
single party dominance, both in the center and in the states.
However later his office has been used for politically motivated
end's. Some experts call his office as the most abused office in
constitution of India.

Misc Imp

The Parliament of India can pass a law to amend the Constitution

and provide a Legislature with elected Members and a Chief
Minister for a Union Territory, as it has done for Delhi and
Puducherry. In general, The President of India appoints an
administrator or lieutenant-governor for each UT. There are seven
union territories, including Delhi, the capital of India, and
Chandigarh, the joint capital of Punjab and Haryana. So, each
Union territory even though some share HC with states but have
different Lieutenant Governor not Governors but President may
appoint a governor of state as the administrator of adjoining Union
Territory that governor shall exercise his function's independent of
his council of ministers. Since 1985 Governor of Punjab acted as a
administrator of Chandigarh (exception).
Chief Minister
Power's
As he is the Head of CoM, his resignation or death
automatically leads to the dissolution of CoM.
He advises Governor with regard to appointment of
Chairman and members of State Public Service
Commission, state election commissioner and the like.
He is the chairman of the planning board of state just as
PM of Niti Aayog at center.
He acts as a Vice Chairman of Zonal Council by rotation,
holding office for one year at a time.
CM is a member of interstate council and the national
development council both headed by PM at center.

State Legislature

Bicameralism (2 Houses) was first introduced in India, first at the

center by Montagu Chelmsford reform's (GoI Act 1919). Later the
Govt of India Act 1935, it was extended to 6 out of 11 provinces
namely Bengal, Bombay, Madras, Bihar, Assam and United
Provinces.

States having bicameral legislature and Unicameral legislature are.

State Legislature type Size
West Bengal Unicameral 295
Tamil Nadu Unicameral 234
Madhya Pradesh Unicameral 230
Rajasthan Unicameral 200
Gujarat Unicameral 182
Odisha Unicameral 147
Kerala Unicameral 140
Assam Unicameral 126
Punjab Unicameral 117
Chhattisgarh Unicameral 90
Haryana Unicameral 90
Jharkhand Unicameral 81
Uttarakhand Unicameral 70
Delhi Unicameral 70
Himachal Pradesh Unicameral 68
Arunachal Pradesh Unicameral 60
Manipur Unicameral 60
Meghalaya Unicameral 60
Nagaland Unicameral 60
Tripura Unicameral 60
Goa Unicameral 40
Mizoram Unicameral 40
Sikkim Unicameral 32
Puducherry Unicameral 30

State Legislature type Size

Uttar Pradesh Bicameral 403 + 100
Maharashtra Bicameral 288 + 78
Bihar Bicameral 243 + 75
Karnataka Bicameral 224 + 75
Andhra Pradesh Bicameral 175 + 50[5]
Telangana Bicameral 119 + 40[6]
Jammu and Kashmir Bicameral 87 + 36
Composition of two Houses

Legislative Assembly Legislative Council

Permissible From 60 to 500 40-1/3rd of the total
no of depending on strength of Legislative
Member's population of Assembly. Jammu and
state. Kashmir is an
Exception's: exception which has
Goa, Arunachal 36 members in its
Pradesh and legislative council.
Sikkim.
Minimum
Mizoram (40),
Nagaland (46).
Governor can
nominate one
member from
Anglo-Indian
community.
Reservation of
SC and ST's
seats on the basis
of their
respective
population
ratio's.
Election of Election by 1/3rd elected by
Member's people on the members of local
basis of bodies like
universal adult municipalities, district
 franchise. board's etc.
1/3rd elected by the
MLA's of state.
1/12th are elected by
graduates of 3 year's
standing and residing
within the state.
1/12th are elected by
teachers of 3 year's
standing in the state,
not lower in standard
than secondary
school.
The remainder are
nominated by the
governor from the
persons who have a
special knowledge and
practical experience of
literature, Science,
Art, and Social
Service.
So 5/6 of the members
of the house are
directly elected and
1/6th are nominated.

Governor's 1 Member of 1/6th of the total strength.

nomination Anglo Indian
's Community.
Duration Normal term is 5 LC is continuing chamber
 year's however like RS not subject to
governor can dissolution. 1/3rd of it's
extend it 1 year members retire every second
at a time during year. Hence the tenure of a
emergency and member is six year's.
can dissolve the
assembly at any
time.
Eligibility Age 25 years. Age 30 year's
of To an elector for
member's assembly
constituency and
to be qualified
for
gvrnr'snomination.

Presiding officer's
Speaker same as speaker of LS. Deputy speaker then a
panel of speakers nominated by speaker who will preside
in absence of speaker and dep speaker.
Chairman, he is elected from council from its member's,
Deputy chairman also elected from its member's.
Chairman also nominates a panel of Vice chairman's for
fill up.

Legislative procedure differences from central govt

 With regard to Money Bill: Exactly same as parliament,
Need's governor assent before introduction.
Ordinary Bill: Council can delay a bill for a maximum
period of 3 months. If the council disagrees with the bill it
can hold the bill for 3 months, bill must go through a
second journey from assembly to council. In the second
journey council has no power to withhold the bill for
more than a month. Thus, the legislative council in case of
ordinary bill's is not a revising chamber like Rajya Sabha
but only an advisory and dilatory chamber and can hold
the passing of a bill by a maximum period of 4 months
Provision for resolving deadlock b/w two houses: No
provision for joint sitting, views of assembly will prevail
council can only delay the passage of a bill by a
maximum of 4 months.
Rest Everything exactly same.
Veto Powers of Governor
He may give his assent to the bill.
He may withhold his assent, in this case the bill fails to
become a law.
In case of a bill other than money bill he may return the
bill with a message.
He may reserve a bill (including money bill for
consideration of president), reservation is compulsory on
governor if the bill diminishes the powers of a HC.
It is not obligatory on president to give his assent.
There is no time limit for the president to give his assent
to the bill.
The president can also refer the bill for the advice of the
SC under Article 143 for its opinion if there is any issue
 of constitutionality. This is done in order to decide
whether to give assent or not.
Legislative assembly v/s Legislative council
For a bill originating in LC, LA has the power of rejecting
it forthwith.
Existence of LC depends on LA, LA can pass a resolution
for abolition of LC.
Members of LC do not participate in Election of President
and Rajya Sabha members of state.
LC has no effective role in Constitutional amendment bill.
Utility of LC
Check's hasty, defective and ill-considered legislation.
2nd ARC suggested that LC must work as representatives
of PRI and the constitution may be suitably amended to
give required powers to Council to work for strengthening
the local governance.
 Chapter IX: Center State Relations
Being federal in nature our constitution divide's legislative,
executive and financial powers between center and states. But
judicial powers are exercised by an integrated judicial system,
which enforces both the central and state laws, unlike other
federation's like USA where the judicial powers are also divided.

Legislative relation's (Art 245-255)

Article 245:
This tells about the scope of territorial jurisdiction.
Union:
Throughout the territory of India.
Extraterritorial Jurisdiction:
Jurisdiction of state
In the territory of the state.
SC: Accepts the doctrine of territorial nexus. Constitution
also provides for the rule of interstate comity.
Article 246:
It tells about the subject matter, i.e. it tells about the list's in 7th
Schedule.
1. Union List :At present 100 subject's, originally 97
subjects were there.
2. State List : At present 61 subject's, originally 66 subjects
were there.
3. Concurrent List: At present 52 subjects, originally 47
subjects were there
Level Competence Enabling
Provision
Centre Defense, Atomic Energy, Article 246+ 7th
Foreign Affairs, Citizenship, Schedule List 1
Transport, Infrastructure,
Postal Service, Banking and
Natural Resources.
State Public Order/Police, Public Article 246+ 7th
Health, Agriculture, Water, Schedule List 2
Land and State Public
Services.
Concurrent=Center Criminal Law, Economic Article 246+ 7th
+State Social and Family planning, Schedule List 3
Marriage Law etc.

Article 248: It is related to residuary power, entry no 97 of the

union list also tells about residuary power's i.e. powers outside
either of three lists they belong to center in India.
The three lists scheme is borrowed from GoI Act 1935.

Article 131: Original jurisdiction of SC , if any encroachment of

center on state subject.

Doctrine of colorable legislation

What cannot be done directly cannot be done indirectly
also? It will be considered as fraud.
Doctrine of Pith and Substance
This is to test colorable legislation, judiciary will see not
just the title of the law, gives liberal interpretation to
entries and overlook's incidental encroachment's.
Residuary power which parliament in India enjoys is very
extensive or very limited.
Question: Enumerate condition's in which union can make law
on state list in normal and other situation’s?
Ans

There are 3 condition's

1. By Rajya sabha Resoution Article 249: When RS passes a

resolution with 2/3rd majority of the member's present and voting
that it is necessary in the national interest that parliament should
make laws on a matter in the state list, then the parliament becomes
competent to make laws on that matter. This provision does not
restrict the state to make law in the same subject but in case
inconsistency is there between parliament and state law, P law
prevails. It is a temporary transfer, this resolution remains’ in force
for a year and can be renewed any number of times, but for not
more than one year at a time. The law's so made do not have any
effect 6 months after the resolution has ceased to be in force.

2. By consent of 2 or more states Article 252: When the

legislatures of two or more states(single state cannot make this
request) pass resolution's requesting the parliament to enact laws on
matter's in state list, than the parliament can make laws for
regulating that matter. The law so enacted applies only to those
state's which have passed the resolution's. Once the states have
passed the resolution than parliament can alone legislate with
respect to it. If other states also want they can adopt the law by
passing a resolution in their assembly. It is a permanent transfer
and state legislature cannot even amend or repeal it. Laws made in
the past with this effect are Wildlife Protection Act 1972, Urban
Land ceiling and Protection Act.

3.Implementation of international treaties Art 253: For this

parliament can make laws on any matter in the state list to fulfill its
international obligations. Lokpal and lokayuktas bill 2011 was first
in the parliament through the provisions of this particular article.
4. Union legislating on State subject's during emergency
(Article 250)
It deals with power of parliament to make law when
proclamation of emergency is in operation. 6 months from
the date of end of emergency, law ceased to operate. State
can also make a law in the same time but in case of any
inconsistency center’s law will prevail.
5. Under Article 356: When constitutional brekdown
(President's Rule)
Union parliament gets power to legislate on a state
subject.
When the president's rule is in operation in a state,
parliament becomes empowered to make laws with
respect to any matter in the state list. Such a law unlike
emergency remains’ in force even after the president's
rule, but it can be repealed, altered or reenacted later by
the state legislature.

Article 249: Power to make law on state subject by resolution

Safeguards
Only RS can do so and resolution has to be passed by
special majority.
Can be done only in the national interest.
Resolution can remain in force for one year at time.
However, there is no limitation on no of times.
Article 254
In case of inconsistency in concurrent list union law shall prevail,
state law can be protected by reserving it for consideration of
president and president giving assent. Even after president's assent
union can amend or repeal the law made by state legislature.

Areas of dispute in Legislative sphere

1. Union list is quite extensive.
2. Supremacy of union in concurrent list.
3. Residuary power with union.
4. Not only in emergency but also in normal times union can
legislate on state subject's.
5. There is a growing concern to growth of international
treaties.
6. The concern of state govt is union going into treaties on
state subjects like agriculture without even consulting
with state govt's.
Centers control over state legislation
Governor reserving the bill for president's consideration.
Governor can reserve states money bill also and the
president enjoys absolute veto over them. (Article 200)
President can direct states to reserve money bill's and
other financial bills passed by state for his consideration
during financial emergency. Article 360
Bills on certain matter's in state list can be introduced in
state legislatures only with prior sanction of the president
(e.g. Freedom of trade and commerce.)Article 304
Question: What is the underlying need of concurrent list in the
constitution?
Ans
Uniform laws are needed in national interest and therefore
parliament is given legislative powers over these subject’s
 but issues on ground can vary from state to state and this
requires a varied approach on a case to case basis, in such
a situation state laws are more relevant even though the
central govt can provide broad direction's and guidelines.
So, the need of concurrent list arises to ensure good
governance for the citizen's.
Governor is empowered to direct that an act of parliament does not
apply to scheduled area in the state or applies with specified
modification's and exception's. The governor of Assam carriers
such power with respect to tribal areas and president enjoys such
powers with respect to tribal areas in Meghalaya, Tripura and
Mizoram.

Administrative relation's relation's (Art )

As per SC whatever is not judicial power and legislative power will

be considered executive power.

Distribution of executive power

Subject on Union List: Union

Subject on State list: State
Subject on concurrent list: Power ordinarily lie with states
until/unless it is specifically mentioned that it will lie with union
System of Delegation in India

As India practices cooperative federalism Union can

delegate it's executive power's to the state govt and state
can delegate to union.
 Difference: State can delegate only with the consent of
union govt, whereas union can delegate with or without
consent.
Article 256: Obligation of states
Restriction on the exercise of executive power by the state
Restrictions are:
1. It should ensure due compliance with laws made by
parliament.
2. Not to hamper the executive power of the center.
3. Due compliance with any other law made in the state.
Article 257: Direction's given by center to states

For construction and maintenance of means of

communication of national and military importance
For protection of railways.
Adequate facilities for instruction's in mother tongue at
the primary stage.
Adequate facilities for welfare of ST's in states.
What will happen if state govt does not comply with direction's ?

Article 356: Failure to comply with the direction's will be

sufficient condition for president to declare that situation has come
where govt of state cannot run according to the provisions of the
constitution.

Article 355: Duty of the union to ensure that the govt in every state
run's according to the constitution. It tells two duty of union 1) To
ensure govt of every state run's according to constitution. 2) To
protect govt of every state against external aggression and internal
disturbance.
Article 356: Imposing president's rule. The use of article 356 has
been a matter of dispute. Ambedkar promised that it will be a dead
letter but it did not remain the dead letter, it has been misused a no
of times without any principle. SR Bommai case 1994 SC issued
direction's with respect to the manner of exercise of union's power
under Article 356.
Problems with Art: 356, it has been used by political party at the
center to through the state govt if they are of different parties.
Whether Article 356 is subjected to JR, earlier position was not
clear, Article 74(2), what advise ministers to have given to
president shall not be enquired by any court.
SR Bommai Case: Court said what advise was given will not be
enquired, but on what basis the advice was given will be enquired
1. Judiciary will not ask, what advise was given but it can
enquire about the material evidence on the basis of which
president has taken such a decision.
2. The use of power by president will be subjected to judicial
review on the ground of malafide intention's.
3. Material evidence has to be a speaking document,
evidence should be enough for any rational person to take
such decision. Assembly cannot be dissolved
immediately, it will be kept suspended till the approval of
proclamation by both houses of parliament, if not
approved by parliament or if it is proved in court that
intention was malafide, govt will be restored.
Deployment of Union armed forces in aid of police power of the
state, 42nd Amendment Act added entry no 2a in
1. Deployment of union armed forces should be only on the
request of state govt, no suo moto requirement as law and
order is state subject.
Delegation of function's (Article 258)
 President with the consent of state govt may entrust to the
state govt any of the executive functions of the center.
Governor of state govt with the consent of the central govt
can entrust any of the executive function's to the state.
The states can also with the consent of union govt confer
administrative functions to the union.
It can also be done without the consent of state govt but
here the delegation is by parliament not president.
All India Services:
Constitution under Article-312 provides for the creation
of additional All India Services, common to both union
and states. The state has the power to suspend a member
of All India Service but the power to appoint them and
taking disciplinary action against them lies with the
center.
A member of IAS upon recruitment is asked to serve
under a state govt.
A person belonging to All India Services being
responsible for administration of affair's both at the center
and state, brings cooperation in administration and helps
to ensure uniformity of the administrative system
throughout the country. Currently there are 3 AIS IAS,
IPS, IFoS.
Joint Public Service Commission:
When two or more state's, through a resolution in their
respective legislatures to that effect agree to have one
commission, the parliament may by law , provide for a
joint commission.
Interstate council (ISC):
The President under Article 262 constitutes inter-state
 council, it enquires into and advise upon disputes which
may have arisen between states, it also discusses and
investigate subjects of common interest between center
and state's, or two or more states.
Interstate river water dispute:
Article 262 states that Parliament by law provide for
adjudication of any dispute or complaint, with respect to
use, distribution or control of waters of, in any interstate
river valley as it may by law provide that neither the SC
nor any other court shall exercise jurisdiction in respect of
any such dispute.
Emergency and President's rule

Financial Relation's
Indian constitution has elaborate provision's regarding the
distribution of revenues between Union and State. Article 268-293
deal with that they can be studied under following head.
1. Taxes and duties levied by the Centre but collected
and appropriated by the state: Stamp duties and duties
on excise of Medical and Toilet preparations are levied by
GoI but collected and appropriated by the states, within
which such duties are leviable except in UT's where they
are collected by the union. Proceeds of these duties are
assigned to that state only and do not form a part of
consolidated part o India.
2. Service Tax levied by Centre but collected and
appropriated by the Centre and States: Taxes on
services are levied by center but their proceeds are
collected and appropriated by both center and states.
3. Taxes levied and collected by the union, but assigned
 to states within which they are leviable (Article-269)
Eg Succession duty on property other than agricultural
land, Estate duty in respect of property, other than
agricultural land, Terminal taxes on good's or passenger's
carried by railway's, sea or air.
4. Taxes levied and collected by Union and distributed
between union and states: All the taxes in Union list
except the three mentioned above.
5. Surcharge on certain taxes: Parliament is authorized ley
surcharge i.e. Tax on Tax the proceeds of which go
exclusively to the center.
6. Levied Collected and Retained by states: All the taxes
in state list, 20 in number.
7. Grant's in aid: By center to states from Consolidated
fund of India , particularly for the welfare of tribal areas,
these are called statutory grant's and are made on the
recommendation of finance commission.
8. Loan's: Union can give direct loan's to state's or give
guarantees to loan's raised by states.
9. Article 301: Freedom of trade, commerce and intercourse
throughout the territory of India is there but Parliament
has power to impose restriction in public interest.
10. Income tax other than agricultural income are
levied by Union but state legislatures can levy tax on
Profession, Trade etc.
11. Article 280 Finance commission recommends to
the president how and how much to be given to states.
12. Non Tax Revenues: From following go to
Centre

Post
 Telegraph
Railways
Banking
Broadcasting
Coinage and Currency
PSU
From following go to state
Forest
Fisheries
Irrigation
State Public Sector Enterprises.
Lapse: If property is situated in that state.
Governor

Why institution of governor is mentioned in the constitution.

Since parliamentary system requires dual head's, constitution of
India creates the institution of governor.
Article 154
IT SAYS THAT THE EXCUTIVE POWER OF THE STATE
SHALL BE VESTED IN THE GOVERNOR.
Why controversy related to governor ?
Position of governor has been misused by the union govt.
What is the actual role of governr?
He acts as eye and ear of union govt at the state level. He has to
inform the development in the state (not written in constitution, but
a practice in state).
President is nominal head and governor is also nominal head.
President's discretionary powers are limited. Which are
 1. Sending advice once after that he has to act on the advice
?
2. He can send ordinary bill back to the assembly
3. Governor is not bound to act on the advice of CM though
he should act
4. Governor enjoys discretionary power's Article 163:
Governor to act on the aid and advise of council of
minister's except where in the constitution he is required
to exercise his discretion.
Constitutional situations where governor can use his discretion
1. Reserving the bill for president Art 201.
2. Reserving bill for consideration of assembly.
3. Suggesting union govt for imposition of Art 356.
4. Art 162 (2): When governor will use, his discretion will
also be governor discretion.
5. Governor cannot be questioned on the ground that he
should have or he should not have acted in his discretion.
6. What are the flaws in the constitution which allows union
to use governor position: President is elected but governor
is appointed.
System of Appointment
Constitution does not prescribe qualification's in an
elaborate manner. Only two qualifications are mentioned
1. Citizen of India
2. 35 years of age.

Constituent assembly debates, member's raised objection

on the manner o appointment and qualification's. Not
having active political background, person of eminence
Convention’s not followed in practice.
1. CM view is not taken.
2. Person's with active political and economic background.
Suggestion
1. Amend the constitution and Nehru’s promises should be
written in Black and white
2. Punchii commission suggested the use of interstate
council. Interstate council can prepare a panel of eligible
person's.
Appointment of governor.
1. Governor is appointed by president.
2. Term of governor is five year's
System of removal
1. B.P singhal v/s Union of India case.
2. President can remove governor anytime.
3. No need for president to give reason's to the governor that
why is he removed.
4. No need of an opportunity to be given to governor to
present his case.
5. However president cannot exercise his power in an
arbitrary manner.
6. Power to be used in rare and exceptional situation's, when
there are compelling reasons.
7. Just because of difference in ideology is not sufficient to
remove, change of govt cannot be the ground to remove.
SC views on governor
1. Hargovind panth v/s Raghukul Tilak case, it deals with
entire constitutional position of governor and it was given
by the constitutional bench.
 2. Just because governor is appointed by union govt it does
not mean that he is an employee of union govt.
3. Governor's office is not subordinate to any other office, t
is an independent constitutional office.
4. Governor is not obliged to follow direction's issued by
union govt.
5. It is governor's discretion not union govt's discretion.
6. Governor’s removal is subject to Judicial Review.
Suggestion’s by Punchii
Convention's should be written in Black and White.
Discretionary power is not an arbitrary power.
In a constitutional governance there cannot be absolute
discretionary power.
Discretionary powers are to be used with precaution,
reasoning, good faith and it should not be fanciful or
arbitrary.
Punchii commission mention's increasing the relevance of
gvnr in context of rise of communal violence and violence
against minorities.
State's concern
They do not have enough disciplinary power's.
State govt can suspend them but cannot remove them
from office.
Should all India services be brought under complete
disciplinary control of state
Issue is poiticization of bureaucracy and the necessity is
ensuring the neutrality of bureaucracy.
SC has suggested to create civil services board, an
autonomous body which should decide the matter of
 transfer, promotion's and other disciplinary matters.
Ques What was the case in which SC directed that what should
be the scope of civil services board? Why neutrality of
bureaucracy is necessary ?
Ques Committed Bureaucracy ? Is it desirable ?
Ques Features of Bureaucracy as suggested by max weber ?
Centre state financial relation's
Approach is cooperative federalism because of regional imbalance
and mass poverty.

There exist horizontal as well as vertical imbalance. Imbalance in

expenditure and resources.

Sources of financial resources for the states.

1. Their own tax revenue.
2. Share in the revenue of union.
3. Grant's in aid.
4. Borrowing's.
Constitutional scheme for sharing of taxes.

Articles Tax
268: Taxes levied by union and collected and
appropriated by state, it includes stamp duties +excise
duty on medicinal and toilet preparation.
268(A): Levied by union but collected and appropriated
by both union and state according to the formula decided
by parliament.

269: Union levy the tax, collect it and assign it to the

state, tax on interstate trade and commerce, import and
 export. Except News Paper. Formula determined by
parliament by law.
271: Surcharge and cess by union.
270: All other taxes levied by union.
Since implementation of alternative devolution scheme as
suggested by 10th finance commission all union taxes
have been made sharable by 80th Amendment Act 2000,
Concerns of state govt
Taxes under 28 and 269 states felt that the rate of tax
levied by union is less than optimal.
Concern's with 268(A) : No power to levy service tax.
Concern with 270: Sates wanted at least 50% share.
14th Finance Commission addresses the concern and
increased the share from 32% to 42%.
Article 271: State do not have share.
Grants to state are of 2 types Under Article 275:
These are, grants in aid of revenue.
1. All states can be given grant's depends upon the need of
assistance
2. Compulsory grants: Union will give grant to the states to meet
the cost of development. Taken by the state govt for
Welfare of ST's.
Raising the level of administration in Scheduled areas.
Special grant's to the state of Assam for raising the
administration of tribal areas under the schedule and other
areas also.
Article 275(2)
Allocation for above purposes shall be made by president only after
considering the recommendation of finance commission.
They are acalled as statutory grant's because parliament has power
to sanction the grant's

Article 282
Discretionary grant's.
Planning commission grants were disbursed under Article 282.
Why called as discretionary grant's, both union and state govt can
give discretionary grants for any public purpose, it is discretionary
because it is not necessary that these grants are for the subject's
which are mentioned in their list. It became a medium for
encroachment in the s governor sphere of states by union. Grant's
under Article 282 were given on recommendation of planning
commission which became super cabinet. Planning commission
was performing 3 function's

1. Allocation of funds to the ministries at union.

2. Allocation of fund's to the states for plan's.
3. Budgetary support to the states.
4. Planning commission also impacted the status of finance
commission. System developed where a distinction used to be
made between planned and non-planned expenditure. Planning
commission used to give fund for planned expenditure and finance
commission for non-planned administrative expenditure.
5. Even grant's under article 282 could have been given on the
recommendation of finance commission.
Role of Niti Aayog and How is it different from Planning
Commission
It is think tank for public policy, it will be an advisory body based
on the idea o
Now the fund's will be allocated by ministry of finance
Difference in composition of Niti Aayog and Planning
Commission and Finance commission,

Major recommendation of 14 the Finance commission.

There is a compelling case to strengthen cooperative
federalism.
The distinction between planned and non-planned
expenditure should go.
Fund's which are devolved should primarily be in the
form of tax revenue rather than grant's. This is
compositional shift from grants towards tax revenue.
Develop new institution’s for how to go for distribution of
funds within states.
Bodies for determining intrastate allocation.
Taking into account the impact of international economy
and environmental commitment's.
Formula for vertical devolution. 42% of union tax revenue
to the states.
Formula for horizontal i.e. State to state division based
on
17.5% weightage to the population based on 1971 census,
than 10% weightage to the population based on 2011
census.
15% weightage to the area, 50% weightage to income
distance or 7.5% weightage to forest cover.
Other in center and state relation's

Profession Tax present limitation is 2500 rupees per annum,

Finance commission has suggested to raise it.
Good's and Service Tax (Indirect Tax Reform)
Features of sound indirect taxation system
Less burden on consumer: By reduced cascading effect. By
introducing Value Added Tax (i.e. tax on each step only at the
value added)
VAT was introduced first in 1986 as MODVAT, which
later became CENVAT on central excise later on
introduced in states as sales tax. Still many taxes remain
out of VAT so cascading effect continues. All indirect
taxes will be subsumed. In India, there is a confusion as to
what comes under goods and services. Service is involved
in good and goods are involved in service.
In India there will be Dual GST where both Union and
state will have power to introduce sales tax.
There will be a GST council as to what rate will be fixed.
Union finance minister plus state finance minister's will
be there. They will take decision by consensus and they
will take decision by majority.

The property of union shall be exempted from state

taxation and property of state and income of state is
exempted from union taxation, however states income by
some commercial activity is subjected to taxation.
No tax shall be imposed by state on consumption and sale
of electricity used by union or any railway company. No
taxation by state on water on electricity which is used by
any authority for development and regulation of any
interstate river valley or river
Borrowing
Union can borrow from outside the country also whereas
states can borrow only from the domestic market. There
are restrictions from state borrowing's. If state has staked
any loan from union than no fresh loan from market
without the permission of union. If state has taken loan
from the market for which union has given guarantee than
no fresh loan without union's permission.
 Chapter X: Panchayati Raj Institutions
What are Panchayat’s?

Local government is the government at village and district level.

Local govt is about govt closest to the people. Local govt is about
government that involves day to day life and problems of ordinary
citizen's.
In theory of good governance two conditions are very important
1. Transparency
2. Accountability
For Transparency and Accountability, we require citizen centric
governance.
Relationship between good governance and Sustainable
development
Agenda 21 held at rio de jeniro Rio summit 1992, held that without
involvement of community no sustainable development is possible
Reason's for introduction of 73rd Amendment Act? Giving
panchayat's a status?

New economic policy: Vacuum left by the state to be

filled by either private sector or civil society.
Donor Institution's like IMF: Forced GoI to introduce
transparency and to tackle corruption.
Failure to eradicate rural poverty and rise of left wing
extremism:

Brief History of Panchayati raj: Why local govt's could not be

realized before 73rd and 74th Amendment
 1. Turmoil due to partition resulted in a strong unitary
inclination and Nehru inspired by USSR and looked at
extreme localism as a threat to unity and integrity of the
Nation.
2. Dr BR Ambedkar felt that cast ridden nature of rural
society would defeat the noble purpose of local govt at the
rural level.
3. Article 40: DPSP: Provides for panchayat's, it says state
shall take steps to organize village panchayat's and to
endow them with such power and authority as may be
necessary to enable them to function as units of self-
government.
Analysis:
1. Gandhi wanted PR as a form of political organization.
The panchayats created by 73rd Amendment Act, was no way near
to the constitutional ideal of being units of self-government.
Meaning of govt mean's a full-fledged govt with clear jurisdiction,
fund's, function's and functionaries.
Mani Shankar Ayer committee set up to review the working of
Panchayati Raj in last 20 years have concluded that

1. No PR is better than bad PR.

2. Rather than achieving democratic decentralization it has
resulted into decentralization of corruption.
3. PR has become Sarpanch Raj.
At least at present there is an agreement over the idea that
decentralization is necessary for good-government and sustainable
development, if Panchayat's continue to remain like that the idea
itself will come under challenge.
There is a lobby of vested interest who would not like to see the
success of the experiment. What is happening at the grassroot level
is Bureaucracy, State leadership in connivance with the sarpanch
are promoting corruption through panchayat's. According to
Manishankar Aiyar commitee there is a state of disillusionment
prevailing.
What is the missing link.
Gram Sabha remains’ under poverty, no attempt to
empower, or capacity building of the masses (Right To
Education, Right To Food, ,Right To Health) in rural
areas.
How PR was introduced.
In 1957 on the recommendation of Balwant rai mehta
committee, the first experiment for the introduction of PR
was made under Pandit Nehru. At Nagore in Rajasthan
Panchayati Raj was inaugurated.
What made Nehru to go for PR: Because of the failure of
community development programme 1952 which was
Nehrus dream project. Community development
programme was inspired by US.
Community Development programme introduced by Nehru
It was based on the idea of development administration.
DA is bureaucracy to play the role of friend, philosopher
and guide of the rural people. It is a bureaucracy led
development.
Reason for giving bureaucracy this responsibility,
considering bureaucracy the most advanced section of the
society.
What was done under Community Development
 Programme: Development administrative structure was
set up, country was divided into development block's,
lowest level officer will be BDO there were many villages
under one block. His role was to inform the rural people
about GoI mission's, motivate them to associate with
nation building, understand their need, provide training
for modernization of agriculture.
Outcome: Complete failure, but a administrative structure
was constructed which was the only positive.
Balwant Rai Mehta Commitee : Set Up By Planning
Commission has suggested that no community
development takes place without participation of
community, it suggested to create the three tier PR at
village, block and district level (representative
institution's).
First Phase of PR: Till mid 60's this was a phase of enthusiasm
but.

There are four stakeholders’.

1 Union Govt
2 State Govt's
3 Bureaucracy
4 People themselves.
Causes of Failure:
It was not priority of Union Govt, State govt's were not
enthusiastic as states themselves do not have enough
power and resources, so without devolution of power
from union or state it is difficult to think that there will be
devolution of power from state to panchayat’s.
There was a direct challenge to the state leadership with
 the rise of new local leadership.
Elites from the local leadership would like to maintain
their hold.
Bureaucracy
The attitude of bureaucracy has never been cooperative.
Panchayat's directly challenge the authority and privileges
of bureaucracy.
Second Phase of PR
Janta Part, in mid-70's govt set up Ashok Mehta
committee for Revival of panchayat's,
Rajiv Gandhi govt tried to revive PR, on the
recommendations of LM Singhvi commitee rajiv gandhi
govt introduced the strong version of PR.
Singhvi commitee recommended for the first time to give
constitutional status to panchayat's, however bill could
not pass in Rajya Sabha because of opposition from
states. Narsimha Rao govt then did many revolutionary
initiatives his govt found a way out and it converted the
provisions on which there were objections by state govt's
into voluntary provision's.

Ques: Critically examine the provisions of 73rd Amendment

Act and what are the weaknesses of the Act.
Ques: Panchayats are overstructured but underpowered
institution's. 73rd Amendment is a half-baked cake
Salient features of 73rd Amendment Act' 1992
73rd Amendment to the constitution enacted in 1992 added a new
part IX to the constitution. It also added a new XI Schedule
containing a list of 29 functional items for Panchayat's. Some
provisions of this amendment are binding on states, while others
have been left to be decided by respective State Legislatures at
their discretion.
Organization of Gram Sabha.
Three tier Panchayati Raj is introduced and exception is
given to the states with population less than 20 lakhs’.
First level is Gram Panchayat, Second is
Mandal(Block,Taluka) Panchayat and Third is Zilla
Panchayat. For states with population less than 20 lakhs’
it is not mandatory to go for Block level of middle level
tier. All the three levels of panchayat are directly elected.
Minimum age for contesting elections to the PRI be 21
year's.
Post of Chairman at the District and Block levels should
be filled by Indirect election's.
There should be reservation of seats for SC and ST in
proportion to their population and for woman in up to
1/3rd of their seat's.
Tenure for PRI is 5 years, if dissolved earlier fresh
election to be held in 6 months.
State election commission in each state to conduct
elections to PRI.
Exception's, in Scheduled Areas Panchayat's are not
mandatory, but parliament may by law can create
panchayat's in Scheduled areas, Parliament has passes
PESA Act Panchayat's Extension in Scheduled Areas.
With respect to union territory the provisions of 73rd
Amendment Act shall apply in case of union territory,
however president by public notification can make
modification's and can tell that some provision's may not
 apply.
Provision does not apply to the states of Nagaland,
Meghalaya and Mizoram, however if the legislative
assembly of these states want the provisions can be
extended to the states. Assembly has to pass a resolution
by a special majority.
Tribal areas in 6th Schedule i.e Assam, Meghalaya,
Mizoram and Tripura (ATM Money) here they can apply
by parliament by law. In state of Manipur basically for
hill district's, where district councils exist provisions of
this part shall not apply.
In Darjeeling district’s, the hill areas for which Darjeeling
Gorkha hill council exist, though three tier panchayats’
have been introduced but it is not clear as to what function
will be performed at which level so there is no proper
activity mapping.
Members of gram sabha , it will consist of person's
registered in electoral roll's relating to the village within
the area of Panchayat.
Provision's not binding on states, but are only guidelines
Giving representation to members of central and state
legislature's in these bodies.
Providing reservations to Backward classes.
PRI should be given powers to levy taxes, fees etc, efforts
shall be made to make Panchayat's autonomous bodies.
Question: What are functions of Gram Sabha under PESA
Act?
Question: What are functions of Gram Sabha under forest
rights Act? List of awards’ given for panchayats by ministry of
Panchayati raj?
Organizational structure of Gram Panchayat/Three tier
Structure of Panchayati Raj

1.Panchayat’s at village level: This is the basic or grassroot level

of Panchayati Raj. The panchayat for a village or a group of
villages includes a) Gram Sabha b) Gram Panchayat c) Nyaya
Panchayat.

a) Gram Sabha
It consists of all the adult residents within a village or a group of
villages. GS is the only institution of direct democracy in our
country.
b) Gram Panchayat
It is the first tier of PRI in the country also known as village
panchayat. All members are directly elected and the no of members
of a GP is fixed on the basis of village population, hence it differs
from Panchayat to Panchayat. Reservation same as discussed. The
Chairperson of GP is elected in such a manner as the state
legislature determines (either directly by the people or indirectly by
the elected members of GP). There is a vice-chairperson also. GP
hold their meeting's once a month.

Functions of Gram Panchayat's

Obligatory Functions are

Relating to Sanitation, Cleaning of Public Road's, Minor irrigation,

Public Toilet's, Primary Health Care, Supply of drinking water,
Constructing public well's, Rural electrification, Social Health,
Primary and adult education.
Optional functions (Depend upon resources of Panchayat's)
Tree plantation on road sides, setting up of breeding centers for
cattle, Organizing child and maternity welfare, Promotion of
agriculture, Relief from Natural calamities etc.

Finance of Gram Panchayat's

Power of levying taxes is vested in Gram Panchayat's. House tax,
tax on cattle, immovable property,
commercial crop's, drainage tax, sanitation fee, tax on produce sold
in villages, fee for supply of water to household's, lighting tax etc
are some of the taxes and fees levied by panchayat's.
Income recieved through property owned by them eg Jungle's,
Common Ground's, Cattle Ground's etc.
Sales ofAnimal Carcass, Dung etc

They also recieve thir share in land revenue from state.

c) Nyaya Panchayat
These are Judicial Panchayat's and remainder of ancient village
Panchayat that settled local disputes. They are set up to provide
speedy and inexpensive Justice. Jurisdiction of Nyaya Panchayat
varies from state to state. One such Panchayat is set up for five or
more-gram panchayat's. Their tenure is between 3 and 5 years as
determined by state law. No lawyers are there in NP parties to the
dispute argue their own cases.

2. Panchayat Samiti/Block Development Commite(BDC)

/Chairman-Block Pramukh: The second or middle tier of PRI is
Panchayat Samiti, PS provides a link between GP and Zilla
Parishad. Strength of PS also depends on population in Samiti
Area. Members are directly elected, Sarpanch of GP are ex officio
members of Panchayat Samiti, however all the Sarpanch's of Gram
Panchayat's are not the members of panchayat samitis at the same
time. The number varies from state to state and is rotated annually.
MLA, MLC, MP's of samiti area are also coopted as it's member's.
Chairperson of samiti is elected indirectly from among the elected
member's.

Functions are
They are the hub of Developmental Activities and are headed by
BDO (Block Development Officer's). Function's entrusted to them
are like agriculture, land improvement, Watershed development,
Social and Farm forestry, Technical and Vocational education etc

Finance are
Can impose tax on facilities provided by them for eg Water for
irrigation and drinking purposes, lighting arrangement, tolls from
bridges maintained by them.
From the income received by the property vested to them which
includes roads, building's etc.
Grant's from the state govt's for the schemes to be implemented by
them.

3. Zila Parishad: Zila parishad or District Panchayat is the

uppermost tier of panchayati raj system. The institution has some
directly elected member's whose number differs from state to state
as it is also based on population. Chairperson’s of Panchayat
Samitis are ex officio members of Zila Parishad. MP, MLA and
MLC are also nominated members of Zilla Parishad. Chairperson
of Zilla Parishad is also called Adhyaksh or President is elected
indirectly by and from the elected member's thereof. The Vice-
Chairperson is also elected similarly.
Function's
It link's Panchayat Samiti's within a district. ZP prepares district
plan's and integrates samiti plans into district plans for submission
to the state govt. ZP look's after development work's in the entire
district. It undertakes schemes to improve agricultural production,
exploit groundwater resources, extend rural electrification and
distribution and initiate employment generation activities, construct
road's and other public work's. Welfare functions like relief during
Natural calamity, Road Construction and other public work's.

In addition, it performs programmes entrusted upon them under the

central and state Government sponsored programmes. For eg
Jawahar Rozgar Yojna is a big centrally sponsored scheme in
which money is directly given to districts to undertake employment
generation activities.

They are also authorized to impose taxes on Business in rural areas,

broker's, commission agent's, market's established by them, Tax on
land revenue. They also receive grants from state govt's for
developmental schemes. They can also raise loan's.

Election of chairperson of gram panchayat

Under State election commissioner to be appointed by
government not National election commission. SEC can
be removed in the same manner as a high court judge.
Has been left on the state governments, chairperson at
intermediate level and at district level will be elected by
and from among the elected members of Panchayat's.
Whether panchayat's have member's other than elected
member's, except at gram panchayat level other members
 are included, other members include any members of Lok
Sabha and state legislative assembly if that Panchayat
comes under their constituency, members of Rajya sabha
and their electoral council's if they are registered as
elector's in panchayat area.
The chairpersons of Panchayat's at intermediate level and
district level may be represented at higher level.
Whether non-elected members have right to vote in
panchayat meeting's. They do have right to vote but
ideally, they should not have right to vote.
Problems with the finances of Panchayat's
1. Heavey dependence on upper tiers of the government for
finances.
2. Inflexibility of fund's: Grants are scheme specific.
3. Responsibility given to Panchayat's do not match their
finances.
Way ahead with finances of Panchayat's
1. They should explore additional sources to widen their tax
base. Eg Fee on tourist vehicles, Special Amenities,
Restaurant’s, Theatre, Cyber Cafe etc.
2. Incentivizing their better performance.
3. Royalty from mineral's: State govt's should be given a
substantial share in the royalty from the minerals collected
by the state government.
4. Prime authority over taxation: In the tax domain assigns
to PRI village Panchayat's must have primary authority
over taxation.
Issues with PRI
1. Unscientific Distribution of function's/Blending or
Overlapping of function’s: The three tiers. Even the
 functions assigned to Panchayat and Panchayat Samiti
overlap, leading to confusion, duplication of effort's and
shifting of responsibility. This overlapping of functions
has curtailed the autonomy of local self-government
institution's.
2. Incompatible relation between the three tiers: The
upper tier treat's the lower tier as it's subordinate this is
not in the spirit of democratic decentralization.4
3. Inadequate finances: Inadequacy of funds has also stood
in the way of successful working of the Panchayati Raj.
PRI's have limited power to impose tariffs and taxes.
4. Undemocratic constitution of various PRI's: The
indirect election of most members of Panchayat samiti
only increases the chances of corruption and bribery.
5. Administrative problem: PRI's experience several
administrative problem's like lack of coordination
between popular and bureaucratic element's, lack of
proper incentives and promotion opportunities for
administrative personnel, apathetic attitude of govt
servants towards development programme etc.
Roadmap to PRI

Union ministry of Panchayati Raj was established on 27 May 2004

to specifically look after the provisions of 73rd CAA and to speed
up the process of devolution to PRI's. The ministry has carried out
various capacity building programme, conducted research and
evaluation and instituted reward schemes to promote devolution. It
has conducted conferences to cajole state govt's to devolve more
powers to PRI and developed a road map to improve the
performance of PRI's in the country. Important aspects to this
roadmap are.
1. Finances:
Share of transfer from state govts as united grant's to
PRI's should be increased, this devolution of FUND"s
should be linked to performance of Panchayat's.
Panchayat's should be given explicit rights to levy and
collect taxes
PEAIS(Panchayat Empowerment and accountability incentive
scheme): It is designed to incentivize states to empower
Panchayat's and to put in place systems to bring about transparency
and accountability of PRI's. The performance of various states in
this regard is measured through Devolution Index (DI). Awards are
given to states if they rank high on DI.
2.Empowerment:
Reservation of woman in PRI should be enhanced.
PESA should be effectively implemented.
3. Accountability:
Gram Sabha should be given effective control over all the
local institution's and functionaries.
GS should be empowered to approve all the plan's,
work's, beneficiaries and utilization certificate's.
Social audit should be mandated to Gram Sabha for all
major schemes.
Panchayat account's, Plan's etc should be put in public
domain.
4. E-Governance
Operationalizing e-Panchayat on a mission mode should
be undertaken on a priority basis.
Information and communication technology infrastructure
 and manpower should be provided to all Gram
Panchayat's, which should be connected with broadband.
5. Decentralized Planning
Integrated bottom up participatory plans should be
implemented.
Sectoral plans should be integrated with district plan's.
Technical and professional assistance should be provided
to decentralized planning.
Appropriate training and capacity building of PRI
representatives and functionaries should be undertaken.

Reservation of seat's
Seats are reserved at all levels for members of SC and ST
community, woman and for OBC's it is optional.
For SC and ST seats are reserved in proportion. Till reservation in
Parliament and assembly continues.

For woman 1/3 rd of the seats are reserved. No time limit

Ques Suppose there are 150 seats’ in gram panchayat 25 seats are
reserved for members of SC and ST community. Out of reserved
seat's total SC/ST woman elected are 12 calculate th total no of
seat's reserved for woman and total no of woman candidate.
Ans 150 Seats 150/3=50, 25=SC/ST, SC/ST woman=12 so 38
more-woman seats are reserved.
Issue:
Reservation is not enough we have to ensure participation as well
as quality of participation.
Duration of Panchayat's

Irregular elections were a weakness.

In earlier PR, 73rd Amendment ensures that all
Panchayat’s unless dissolved earlier shall continue for 5
years unless dissolved earlier than that.
Panchayat can be dissolved earlier by governor.
Grounds of dissolution are not mentioned.
Municipalities have right to be heard before dissolution
but Panchayat's do not have this power or right.
In case any panchayat is dissolved it has to be reconstituted within
6 months, except in case panchayat has been dissolved at a time
when less than six months are remaining for the panchayat's
election's in general than no need to constitute for the remaining six
months.
Qualification for panchayat member's.
Minimum Age: 21 year's.
Provision's for disqualification which applies for MP and MLA
applies to them.
State legislatures can provide for any disqualification's.

Powers of panchayat's

Prepration of plans for economic and social justice.

Mandate: It is to give such power's and authority which
enables them to function as institutions of self-
government
They can be authorized by state legislature to impose
taxes, duties and tolls.
State finance commission, Members are to be appointed
 by governor. State legislature will determine the
composition and qualification, then governor will lay
down the report before the state legislature.
Flaw: Every state has not created a very professional and
autonomous commission.
No regularity in laying down the report.
Auditing
I has been left on the state legislature, though many states have
given powers to CAG. It is suggested to introduce panchayat
ombudsmen to manage corruption.

Suggestion
1. Delimitation of constituency by some autonomous body
like Lok Sabha and assembly or it should be brought
under chief election commission.
PESA (Panchayat's Extension to Scheduled Areas Act), 1996

PESA is a law enacted by the GOI to cover Scheduled

areas which are not covered under 73rd CAA. PESA
extends powers of part IX to the scheduled areas of the
country. PESA brought power's further down to the gram
sabha level.
Gram Sabhas under PESA were entrusted with wide
ranging power's starting from consultation on land
acquisition to that of ownership over minor forest
produce's and leasing of minor mineral's.
Under PESA every GS is competent to safeguard and
preserve Tradition's and Customs of the people, their
cultural identity, community resources and the customary
mode of dispute resolution.
 Under PESA powers of GS are clearly given and they are
not given in 73rd amendment

1. GS to be consulted on matters of Land Acquisition and

resettlement.
2. Grant license for mining lease for minor mineral's.
3. Planning and management of minor water bodies.
4. Ownership of minor forest produces.
5. Power to manage village market's.
6. Power to exercise control over money lending to ST's.
7. Power to stop and regulate sale and consumption of
intoxicants.
8. Power to stop alienation of land and to restore alienated
land to ST.
Panchayats may be given powers by the State Govt's to function as
institutions of self govt.

Powers of GS by mam
Power o approve plan of village panchayat.
Mandatory consultation in land acquisition, resettlement
and rehab.
Mandatory consultation in licensing and leasing of minor
mineral's
Control money lending in ST's.
Control of local market.
Ownership of minor forest produce
Problem's with PESA
Dilution of the role of TAC (Tribal advisory council):
PESA comes under Vth Schedule which Mandates TAC
to oversee tribal affair's and gives extra-judicial,
 extraconstitutional powers to governors of each state to
interfere where ever they see that the tribal autonomy is
being compromised, but unfortunately Governor's to have
friendly relations with CM have desisted from getting
involved in tribal affair's.
Lack of co-ordination at center: Two Ministries i.e.
Ministry of panchayat Raj and Ministry of Tribal affair's,
have overlapping influence on the implementation of
PESA and function almost without any coordination.
Lack of operationalization in many states.
Ambiguous Definition's: No legal definition exists in
statute books of term's like Minor water bodies, minor
minerals, minor forest produce etc.

Parastatal's
These are bodies wholly or partially owned and managed by
government's. They are formed for delivery of specific services,
implementation of specific scheme's and programmes sponsored by
state and union government.

Eg DRDA (District rural development agency. Currently funds for

most of the centrally sponsored schemes are allotted to DRDA
from where it is distributed among implementing agencies at the
Block Level.
Urban Local Government
Urban local government implies the governance of a local
area by people through their elected representatives.
74th CA Act 1992 provided constitutional status tourban
 local bodies.
74th Constitutional Amendment Act
The Act added part IX-A to the constitution entitled as
municipalities and a new 12th Schedule containing 18
functional item's for the municipalities.
Compulsory Provisions in the Act are
Constitution of

Nagar Panchayat's Transitional area (Rural to Urban)

Municipal Council's Smaller Urban area.
Municipal Coorporation Larger urban area

Reservation of seat’s in urban local bodies for SC and ST

roughly in proportion to their population.
Reservation of seats for woman upto 1/3rd of their
population.
State election commission constituted to conduct elections
for PRI will also conduct elections to urban local self-
governing bodies.

Finance commission constituted for PRI would also look

after affairs of local urban self-governing bodies.
Tenure of urban local self-governing bodies is six year's.
Voluntary provisions under the act are.
Giving representation to members of Union and State
legislature in these bodies.
Providing reservation for backward classes.
Giving financial power's in relation to taxes, duties, tolls
and fees etc.
 Making Municipal bodies autonomous by devolving
powers to them.
Local bodies continue to be a subject of state list, each state has its
own election commission and finance commission (regulating
finances to these local bodies).
Composition
Municipal bodies are constituted by person's chosen
directly by election from the territorial constituencies
known as Ward's in the Municipal Area.
Legislature in the state may by law provide for
representation in Municipal Bodies of people having
special knowledge and experience Municipal
Administration, MLA, MP, MLC etc.
State legislature may also provide the manner for election
of chairperson etc.
Organization of Municipal Corporation can be divided as
Deliberative Part Executive Part
Consists of elected representatives. Consists of permanent
employees.
Acts like a legislature. Municipal
Commissioner (IAS
Officer) is the
executive head.
Debates and Discusses policies, Passes
Budget, holds executive accountable for
what is done and not done.

Functions of Municipal Bodies

 1. Obligatory function's: Water supply, construction and
maintenance of road's, street's, bridges, subway’s and
other public work's, street lighting, drainage, sewerage,
garbage collection and disposal, prevention and control of
epidemic's.
2. Discretionary function’s: Maintenance of rescue homes
and orphanages, housing for low income groups,
organizing public receptions, provision of treatment
facilities etc.
Type of Urban Government

1. Municipal corporation: It is created for administration of big

cities like Delhi, Mumbai, Hyderabad and other's. The Municipal
corporation has 3 authorities namely
1. The Council (legislative wing) it consists of councilor’s
directly elected by the people and is headed by a Mayor.
2. The standing committee (to facilitate the working of the
council)
3. the commissioner (Chief executive authority of the
corporation), an IAS Officer.
2. Municipality: For Town's and small cities
3. Notified Area Committee: Created for fast developing town's
which do not fulfill the criteria for a municipality. S
4.Town area committee: Set up by a separate act of legislature for
the administration of a small town. Composition will be determined
by state legislature. However, it is Mandatory that 4/5th of the total
members of the committee should be elected by and among the
elected members of Panchayat at District level and Municipalities
in proportion of the population.
5.Cantonement board: It is established for the municipal
administration of civilian population in the cantonment areas.
6.Township: It is established by large public enterprises to provide
civic amenities to its staff and worker's, who live in housing
colonies built near the plant.
7.Port Trust: Established in port areas like Mumbai, Calcutta and
Chennai.
Problems of Municipal Bodies
Lack of finance due to reluctance of central and state
legislator's.
Local bodies are created by state govt's and therefore can
be dissolved by them if not dancing to their tunes.
Finances of Municipal Bodies
Taxes (eg Property tax on land and buildings,
Advertisement Tax etc.)
Fees and Fines.
Municipal enterprises like land, tank's, markets, shop's
etc.
Problem's in Finances
Lack of sources.
Ill equipped staff.
Problem's with lack of coverage of tax base.
Smaller tax base.
Application to Union Territories
President may by public notification can specify
modification's in provisions of 74th Amendment Act if
needed.
Shall not apply to Tribal areas in Assam Meghalaya
Tripura Mizoram (6th Schedule) area's (ATM Money).
Cannot also apply to 5th Schedule areas. Only if state by
 law says.
Metropolitan Planning Committee
Area having population 10 lakhs or more and specified by
governor that it will be treated as metropolitan area.
Composition: To be determined by state legislature, not
less than 2/3rd by Panchayats and Municipalities.
Representation of committees for Govt of India and
Govt of State.
Recommendations of 14th Finance commission
1. Approach of 13th Finance commission was percentage of
devolution from Union to State will be given by state
governments to Panchayat's. 14 th FC has awarded lump
some money of Rs 287436 crore to be given to local
bodies out which 2092 crore for the Panchayat's and
remaining for municipalities, while giving grants to
Panchayat's or Municipalities 90% weightage is to
Panchayat's and 10% to the area with population of 2011
census.
2. Local bodies to spread these grant's which local bodies
will be giving only on basic services assigned to them.
3. Ratio of Basic to performance grant will be 90: 10 for
panchayat's and 80:10 for municipalities, grant's will be
given in two installments to ensure timely availability of
funds, grants asseed for each year is fix
4. Grant's rended for Gram Panchayat for delivery of basic
service's will go directly to gram panchayat.
5. Grant is given on the basis of Rs 488 per capita per
annum.
6. Other suggestions to augment local body finances include
7. . Facilitate the levy of property tax and minimize
 exemption's.
8. Increase the ceiling of profession tax from rs 2500 to
12000 per annum.
9. Levy vacant land tax, state governments to provide
productive local assets to panchayat's.
10. Sharing of mining royalties with local bodies in
whose jurisdiction mining is done.
11. Issuing union bonds with appropriate support
from union govt.
12. Improvement in Accounting and auditing
supported by CAG.
13. State govt's to strengthen state Finance
commission and provide them with adequate support,
resources and timely placement of legislature.

Chapter XI: Constitutional and Non-Constitutional

Bodies
\
Quasi-Judicial Bodies India

A quasi-judicial body is an organization or individual on which

power's resembling a court of law have been conferred. It can
adjudicate or decide upon a situation and impose penalty upon the
guilty or regulate the conduct of an individual or an entity.

Examples of Quasi-Judicial bodies

National and State Human Right's commission.
Lok Adalat's
Central and state information commission.
 Central vigilance commission.
Consumer disputes redressal commission.
Central administrative tribunal's.
Competition commission of India.
Appellate tribunal for electricity.
Railway claim's tribunal.
Income tax appelate tribunal.
Intellectual property appellate tribunal.
Central excise and service tax tribunal.
State sales tax appelate tribunal.
Tribunal's
A need arose to impart prompt relief to the harassed emloyees in
government services, so the tribunals were set up.
Tribunals are a creation of statute.
All decisions of administrative tribunals are subject to
scrutiny before the division bench of the HC within whose
jurisdiction the concerned tribunal fall's

National consumer disputes redressal commission

Consumer protection Act was passed in 1986 to protect the

interests of consumer's and to provide a simple, fast and
inexpensive mechanism to the citizens to redress their grievances in
specified cases. The act makes the dictum Caveat Emptor (''
Buyer's beware'').
It envisages a three-tier quasi-judicial machinery at the National,
State and District level's.
1. National Consumer Disputes Redressal Commission -
 known as national commission.
2. State consumer disputes redressal commission known as
state commission.
3. District consumer disputes redressal commission known
as District forum.
Each District forum is headed by a person who is eligible to be
appointed as a District Judge and each state commission is headed
by a person who is eligible to be appointed as a HC Judge.

The provisions of this act cover good's as well as services.

The remedy under the act is an alternative in addition to that
already available to people by way of a civil suit.
If consumer is not satisfied with the decision of district forum he
can move to state and later national commission.

Lok Adalat's (i.e People court's)

The system of LA is based on gandhian principles. It is

one of the components of ADR(Alternative dispute
resolution) system's.
It has proved to be very effective alternative to litigation.
This concept of settlement of disputes through mediation,
negotiation or arbitration is conceptualized and
institutionalized in the Lok adalat. It involves people who
are directly or indirectly affected by dispute resolution.
Origin
Legal services authority act gave statutory status to LA,
statutory recognition provides that the award passed by
LA will have the force of a decree of a court.
No lawyer's, parties directly interact with judge who
 help's in arriving amicable settlement.

Permanent LA

In 2002 parliament amended 1987 act

Central and state authorities may by notification establish
Permanent LA for determining issues in connection to
Transport services, Postal, Telephone, power, sanitation
and insurance services.
Jurisdiction of LA
Any matter which is not before any court or pending in
any court.
Can settle even criminal cases.
Eg of cases are Revenue cases, property disputes, accident
compensation, land acquisition, bank unpaid loan's,
matrimonial and family disputes etc.
Powers of LA
Summon witness.
Other powers of a civil court.
Advantages
Speedy justice.
Economical as zero fees.

Constitutional Bodies Non-Constitutional Bodies

Election commission
UPSC
SPSC
Finance Commission
National commission for SC
Planning Commission/Niti Ayog
National Development council
NHRC
SHRC
Central information commission
National commission for ST Central vigilance commission
Special officer for linguistic CBI
minorities
CAG Lokpal
Attorney general of India. Lokayuktas
Advocate general of state National Commission for
woman.

National Human Right's Commission

Came into existence through an ordinance in 1993.
Consists of Chairperson and Four member's. Chairman
should be retired CJI and member's should be serving or
retired judges of SC.The commission has four ex-officio
member's which are Chairperson's of National
commission for minorities, SC, ST and NC for Woman.
They enquire into violation of HR or negligence leading
to such violations.
The NHRC has powers of a civil court. It has its own
investigation staff. It can utilize any service or officer of
central or state govt.
It can enquire into a matter only within one year of its
occurrence.
Appointment
By president on recommendation of a committee consisting of
1.PM
2.Home Minister
3.LoP LS
4.LoP RS
5.Speaker LS
6.Deputy Chairman RS.
CVC
Its statutory body based on the recommendation of
Santhanam Committee on Prevention of corruption 1962-
64
It Act's on allegation of corruption or misuse of office and
corruption.
It investigates transaction's in which a public servant is
involved.
It has powers of a civil court and conduct's it's
proceeding's in new Delhi.
Annual report of CVC is presented to president who lay's
it in front of Parliament.
All ministries and departments of central govt has a CVO
(Chief vigilance officer) who heads the vigilance division.
It exercises superintendence over CBI w.r.t functioning on
Prevention of Corruption Act 1988 and offence under
Crpc.
Composition and appointment
It consists of a chairperson and not more than two
member's. President appoints them on recommendation of
a committee consisting of PM, HM and LoP LS.
CBI

It owes its origin to Delhi Special Police Establishment

1941, to enquire into cases of corruption in WW-II.
Later on the recommendations of Santhanam Committe
CBI was estb by a resolution of the Ministry of Home
Affair's. Now it enjoys the status of an attached office.
 It's not a statutory body, derieves it's powers from Delhi
Special Police Establishment 1941.
It plays an important role in prevention of corruption and
maintaining integrity in adminisration.
It works under overall superintendence of CVC.
Director of CBI is an IG of Police.
Normally CBI is confined to Anti-Corruption cases but it
also takes up cases of murder kidnaping, rape etc on
request of state govt or under direction of SC and HC.
It act's as ''National Central Bureau'' of Interpol in India.
CIC
It consist's of CIC and 10 IC's.
Appointed by president on recommendation of PM, LoP
LS and Union Cabinet Minister nominated by PM.
CIC submit's annual report to Central Govt which tables it
in both houses, SIC to state govt's.

Election Commission

Article 324 of the constitution of India provides the power

of superintendence, direction and control of elections to
the Parliament, State Legislatures, President and Vice
President, to the election commission.
The EC is an all Indian body and it is common to both
centre and state.
Election commission is not responsible for election to Panchayat's
and Municipalities for this the constitution provides for a separate
commission of state.
 1950-1989 only single election commissioner was there,
but in 1989 two more were appointed to share the work
load on account of lowering the voting age from 21 to 18.
CEC and Election commissioners receive same salary and
other allowances same as a SC Judge. In case of
difference of opinion b/w CEC and other election
commissioner's, the matter is decided by majority.
Security of tenure is there for EC's, removal same as SC
judge, so appointed by president but not removed.
Functions of Election commission
The functions of election commission can be classified
into categories 1) Administrative 2) Advisory 3) Quasi-
Judicial.
To register Political parties for the purpose of election and
allot symbols to them and grant them the status of a state
or a national party on basis of poll performance.
To act as court for settling disputes relating to granting of
recognition of political parties and allotment of election
symbols to them.
To advise the President on matter's relating to
disqualification of MP's.
Union Public Service Commission
Article 315-323 deal with elaborate provision's regarding the
composition, appointment and removal of member''s along
with the independence, power's and functions of the UPSC.
Composition
9 to 11 member's including the chairman.
President determines the conditions of service of
 chairman and another member's.
Term is 6 yrs or 65 yrs of age whichever is earlier.
Independence
Security of tenure.
Expenses charged on CFI not dependent on vote of
Parliament.
Chairman of UPSC after his office is not eligible for
employment in GoI or Govt of State.
Members of UPSC are eligible for appointment as the
chairman of UPSC or State Public Service Commission,
but any other job of GoI or Govt of state.
Chairman is not eligible for reappointment to that office.
Functions of UPSC
Conduct's exams for All India Services.
Assist's in framing schemes for joint recruitment of
services of state.
UPSC is not concerned with Classification of services,
pay and service condition's, Cadre Management, Service
and so on. These matters are held by the department of
personnel and training.
Both CVC and UPSC are consulted for advice in taking
disciplinary action against civil servants but UPSC being
a constitutional body has an edge over CVC.
State Public Service Commission

Governor decides the strength and chairman, though

appointed by gvrnr member's and chairman can be
removed only by president.
 Removal same.
Chairman of a SPSC is elligible for appointment to the
chairman of UPSC or a member but no other
employment.
SPSC is consulted by governor for appointment to
Judicial Service of state other than the post of District
Judge.
Joint state Public Service commission for two or more states can be
created by an act of parliament while UPSC and SPSC are in
constitution.

Finance Commission
Composition
Chairman + 4 other members’.
Qualification

Chairman: Having experience in Public Affair's

Member's: Judge of HC, Having knowledge in finance and account
of govt, Experience in financial matter's and in administration,
Special knowledge in economics.

Function's
To make recommendations to the President on following matter's.
Distribution of net proceeds’ of taxes to be shared
between Centre and states, allocation b/w states of the
share of such proceeds’..
Principles that should govern the grant's in Aid to the
states by the Centre. ( i.e Out of Consolidated fund of
India).
 Measures needed to augment the consolidated fund of
state to supplement the resources of Panchayat's and
Municipalities in the state.
Any matter referred to it by the President in the interest of
sound finance.
FC submits report to the president who lays it in front of both
houses, though a constitutional body it's recommendations are only
advisory in nature.

National Commission for SC

Established by Article-338, other national commission for Woman,

Minorities, Backward classes, Protection of Child right's, Human
Right's Commission are all statutory bodies.
Composition
Chairman+Vice-Chairman+3 another member's
Conditions of service determined by President
Function's
To investigate and monitor constitutional and other legal
safeguards for the SC's and to evaluate their working.
To enquire into specific complaints for the deprivation of
right's and safeguards for SC's.
Annual Report- President-Parliament with Memo of
Action Taken.
Quasi-Judicial Power's (Power of civil court)
Can summon a person and examine him on oath.
Production of doc's.
 Requisitioning any public record from any court or post
office.
The SC commission is required to discharge similar functions with
regard to Other backward classes and Anglo Indian community.
National commission for ST's

Directly estb by Art-338 of constitution.

NC for SC and ST are the consequences of 65th CA Act.
Central and state govt's has to consult it on all matter's
pertaining to ST's.
It also has powers of a civil court on same lines as SC
commission.
Members are same as SC commission.

Special officers for linguistic minorities. (Constitutional Body)

7th CA Act inserted a new article 350-B which made the

provision for special officer of linguistic minorities, to be
appointed by the president of India.
He is designated as the Commissioner of linguistic
minorities and his HQ are in Allahbad UP.
Job is to take care of issues and grievances of linquistic
minorities in Centre-state and UP
Comptroller and auditor general of India (CAG)

Article 148 provides for an independant office of CAG.

His duty is to hold the Constitution of India and the laws
of parliament in the field of financial administration.
appointed by President and hold's office for 6 years or 65
 years of age whichever is earlier.
Independence
Security of tenure. Cannot be removed from office except
on the same ground's as a Judge of SC. Thus, he doesn't
hold office during the pleasure of President though he is
appointed by him.
His entire expense including salaries, allowances and
pension's and of all people served under him are charged
on CFI.
Power's and Function's
He audit's account's related to CFI, Contingency fund of
India and PAI of Centre, state and UT's.
Audit's account of any other authority when requested by
president for eg Local Bodies.
He audit's ALL Bodies financed from Central and state
revenues, Govt Companies, Other corporations and bodies
when so required by laws.
He submits reports of central govt accounts to president
and state govt accounts to the governor.
He acts as a friend, philosopher ad guide to PAC.
CAG submits 3 audit reports to the President
1. Audit report on appropriation account's.
2. Audit report on finance account's.
3. Audit report on Public undertaking's.
President lay's these report's in front of parliament both houses,
after this PAC examines these first two report's and report on PSU's
is examined by Committee on Public Undertaking's.
Role of CAG
He performs two audits
1. In first he makes sure that money has been spend on
which it was sanctioned, such type of audit is legal and
regulatory audit.
2. CAG also conduct's performance audit where he evaluates
the value of output or outcome for the money spend. He
can also comment on the wastefulness and extravagance
of such expenditure.
CAG in India is a misnomer as he actually is on Auditor general of
India as he has no control on issue of money so he is not the
comptroller. In Britain, he is CAG as issue of money from public
exchequer can be done only after his approval.
Limitation
CAG can only bark but not bite as its role is only
recommendatory, but it's report's Coalgate etc create
Public Awareness and put pressure on govt to take action
and it strengthens the parliamentary control over govt..
Can CAG Audit
Power distribution companies or Public-Private
partnership companies: As per the CAG Act in case the
govt shareholding is more than 50% CAG has the power
to do so.
Should CAG be made a multi member body on lines of Election
commission?
No as it would require a constitutional amendment to
bring such structural change.
Currently CAG is assisted by 6 deputy CAG's so the aim
should be to change the decision-making structure of
CAG.
 Attorney general of India and Solcitor General
AG
C under Art-76 provides for office of AG.
Appointed by P must be a person qualified to be a judge
of SC.
His term is not fixed, he can be removed any time by the
president on advice of govt.
He is not barred from private practice and he is not a govt
servant.
Duties
Advises govt and appears for it in legal matters.
Right's
Right to audince in all court's in territory of India.
Right to speak or take part in the proceedings of both
houses of parliament or their joint sitting or any
committee of the parliament of which he is named a
member of but without a right to vote.
AG is not a member of Cabinet
Limitaion's
Cannot brief against the GoI.
Cannot defend accused in criminal prosecutions without
permission of GoI.
Should not accept appointment, in any company or
corporation without the permission of GoI.
Solicitor general and Additional Solicitor general are other law
officers of GoI. They assist AG
Only Office of AG is mentioned and created by the constitution,
office of SG and ASG is not there.

Advocate general of state

Under Article-165.
Appointed by Governor.
Should be a person qualified to be a HC Judge.
 Chapter XII: Elections in India and Election
Commission
Election Commission
Article 324 creates election commission, EC is now a
three-member body, it consist's of chief election
commissioner and other election commissioner's.
All election commissioners are appointed by president, no
qualification is mentioned. Position of CEC v/s Other
election commissioner's. Constitutional provision's: It is
mandatory to appoint chief election commissioner in the
constitution.
It was left on the president to create more if needed.
In case other election commissioners are appointed, Chief
election commissioner shall be chairperson.
In case if CEC, conditions of his service shallnot be vaied
to his disadvantage after his appointment and can be
removed only on like ground's and like manner like that
of Judge of SC.
No such requirement for other election commissioner's. It is their
service condition's etc to be determined by parliament by law. Only
safeguard is executive alone cannot remove them. Can be removed
only on the recommendation of CEC.
Can CEC recommend the removal of other election
commissioner's, CEC cannot recommend on its own.
Supreme court view on status of Election commissioner. SC held
that CEC is superior to other, TN session.
In 1994 govt decided to make election commissioner
multimember and in election commission service Act it
held that all decisions to be taken by unanimity otherwise
 majority. TN session v/s Union of India case 1995, The
SC upheld the validity of the case and held that just
because the conditions of CEC are different frm other
election commissioner does not mean conditions of CEC
is superior.
Regional Commissioner's
They can be appointed if there is an increase in burden
Powers of EC
Superintendence
Direction and control of election's including prepration of
electoral roll's related to parliament, state legislature,
election of president and vice president.
Scope of power: Very extensive, Residuary in nature,
Subject to provisions of constitution or any law made by
parliament or state legislature.
Advisory Jurisdiction: Advising president for
disqualification of MP's.
Election commission has all residuary power's but it is
also subjected to JR.
CAG cannot be a multimember body as it's not mentioned
in constitution.
Right to vote
Is neither fundamental, nor constitutional, nor absolute nor
common law it is subjected to the law made by parliament and it is
a legal or statutory right.
Article 325, it abolishes separate communal electorate and
introduces general electoral role.
Article 326 it introduces adult sufferage
 1. Minimum 18 years’ age and should not have been
disqualified by parliament or state legislature on any of
the following ground's Non-residence, unsoundness of
mind and Crime and corrupt.
2. Earlier NRI's have no right to vote on the ground of non-
residence, in 2011 the have a right to vote but they have to
be physically present, in 2013 SC removed this condition
and NRI's got right to vote.
Postal ballot

It is permitted to for categories

Armed forces.
Officer's on election duty.
Notified voter's: Ambassador's domestic servant's etc.
Under trials: Have no right to vote except those who are
detained under preventive detention. They can also vote
by postal ballot.
RPA 1950

Deal's with
1. Allocation of seat's
2. Delimitation of constituency
3. Officer's

Chief electoral officer (Main work is prepration of

electoral rolls)
Distrct District Electoral officer
Constituency level(ERO: Electoral registration officer).
All of them are on deputation
Section 16
 Deal's with disqualification for election in electoral roll's.
IF person is not a citizen of India.
Unsound Mind.
Disqualified for any corrupt practice.
No person can be registered in more than one
constituency.
Cannot be registered more than once in the same
constituency.
Ordinarily resident.
RPA 1951
Qualification for LS and RS: You can be on electoral role
on any constituency all over India.
Qualification for MLA's: Voter in any constituency in that
same state.
Sikkim is the only state where seat is reserved for sangh
or Buddhist monastery.
Notification of Election's:
President notifies and ensures that notification is
published in gazette. Dates of election in notification are
recommended by election commission and in state it is the
governor who notifies.
Timing of notification: If house is functioning tha
notification cannot be before 6 month's from the date on
which parliament will otherwise expire.
Returning Officer: His work is linked with the conduct of
election's.
Provision's related to political parties:
1. Registration of political parties, it is done by election
 commission, section 29(A).( Note: Election commission
should also have power to deregister bogus parties and
those who do not adhere to constitutional provision's.)
2. Contribution to political parties: They can take voluntary
contribution without limit but only from domestic sources.
Companies registered outside and Indian companies
where major shareholders are foreigners cannot give
donation's, though they can give permission with the
permission of CBDT. Indian companies cannot give
donation's more than 7.5% of net profit in last 3 years,
when it is authorized by board of director's.
3. Declaration of Donation's: Section 29(c), declaration in
excess of RS 20000 shall be by cheque, in order to give IT
exemption, it has to give audited account, to IT
department and election commission
National Parties Criteria
2% seat's in Lok Sabha from 3 states.
At general election to LS or 4 state assembly election, part
has got 6 percent votes in 4 states.
Part has a recognition of a state party in 4 or more state's.
State party Status
If in LS election's party has got 1 seat for every 25 seat's
allocated for the state or in general election to LS and
legislative assembly has got 6% votes in the state and has
either 1 LS seat or 2 assembly seat, party has 8% vote
share in a state.
Conduct of election's
After notification of election's in gazette candidates can
make nomination, last date for nomination is 7th day of
the publication of notification, last date for withdrawal is
 second day after date of scrutiny of next day when
nomination is over. Date of election’s, not earlier than
14th Day after the last date of withdrawal, if independent
candidate than 10 proposals from the same constituency,
no of proposers if candidate is from a political party.
Right to Information of voter's
It was introduced on the directives of SC, all candidates
have to fill an affidavit giving criminal antecedent’s,
educational background and assets and liabilities.
Election expenditure: Limit on expenditure by candidate.
There is a limit on expenditure by candidate, recent limit
is for Lok Sabha i.e. 54 to 70 lakhs’.
Assembly constituency: 24-28 lakh's. All contesting
candidates have to open separate account and all
expenditure will be from this account only.
30 days after declaration of the returned candidate.
Expenditure limit on political party: No limit if they spend
on general program of party: If expenditure on a specific
candidate it will be considered as expenditure by
candidate. Exception Expenditure on star campaigner's
will be excluded.
Is there state funding of election's. Yes, but very limited.
2 copies of electoral roll's and free air time meant only for
recognized parties.
State Funding
Why? There is a role of money and muscle power, Black
money and criminal money used in Indian election's, no
level playing field, Indrajeet gupta commitee 1998 was
specifically set up to deal with issue of state funding, it
has recommended state funding progressively and first in
 kind (posters, pamphlet, travel etc) rather than cash, the
report of recent law commission 2015 and 2nd ARC in
2008, Election Commission in 2004, Goswami
Committee in 1990 all proposed for state funding.
Problems: Unnecessary expenditure, Unnecessary burden
on tax payer to fulfill political ambition of someone,
proliferation of political parties, Suggestion is first bring
political parties under RTI, force parties to adopt intra
party democracy.
Reforms of Political Parties
They should come under RTI.
Introduce intraparty democracy.
Give election commission power to deregister.
Electoral reform's
Change to proportional representation.
Reform in anti-defection law.
Like in case of other situations where member's
disqualification is decided by governor in accordance to
opinion of election commission, in case of defection,
instead of speaker power should be given to .
Strengthening election commissioner by extending same
security to other election commissioner's.
Paid news: Market is about 500 crores, 700 cases of paid
news have been filed in 2014 election's existing laws are
insufficient, it is a violation of voter's right to information.
Difficult to detect in telecast media. Even media
personnel should also be punished.
Ques Is opinion poll democratic?
Ans Yes.
Opinion poll is a function of democracy, all western democracies
have a system of opinion poll. Logic: Public opinion is formed in
public and not in isolation, so regulation of opinion ple is needed
rather than banning opinion poll.
Compulsory voting
Not required in India because participation is increasing
day by day.
It is in Belgium and Australian, it is introduced in such
countries where marginalized section's fear to participate.
There is no mandatory requirement in elections to vote.
It dilutes the vote of serious voter's.
Right to reject/ Should nota be converted into Right to reject.
Introduced for the purpose of maintaining the secrecy.
Purpose of right to reject is to check criminalization of
politics’.
Opinion of law commissioner: No the best option, except
Columbia, no other country has right to reject, other
countries include forced party, effective laws to check
entry of criminal's and increased political awareness.
Right to recall
Purpose: For accountability of representatives, law
commission and election commission have called it
impracticable, election in one constituency cost 10 crore
rupees.
How many times recall, who all will participate, candidate
will give primacy to constituency rather than national
interest, weather recalled person will be allowed.
It dilutes the votes of serious voter's. Right to reject
Article 370
Explains the applicability of subject's in Union List.
Those subject's of union list and concurrent list which are
related to the subject's on which instrument of accession
has been signed will be extended to Jammu and Kashmir
only on consultation of Jammu and kashmir, and other
subject's require concurrence of Jammu and Kashmir.
Jammu kAshmir is the onlty state with it's own flag.
FR to property still continues.
No change in the boundary.
Residuary power's lie with the state govt.
DPSP do not apply.
Article 360 does not apply.
Article 352 applies, either on the request of govt of Jand
K or on the concurrence of govt of J and K. Article 356
applies.
6th Amendment Act of J and K by which governor has
become appointed.
Special provisions with respect to other states
Special provision for state of Maharashtra and Gujrat.
Governor can establish special developmental board's.
Article 371(A), 30th amendment Act 1962, special
provision to the state of Nagaland. Limitation on powers
of union parliament. No Act of parliament shall apply to
state of Nagaland unless approved by legislative assembly
to Nagaland. Social and religious practices of Nagas.
Application of Civil and Criminal Justice Involving Naga
Customary law.
Ownership of land and transfer of its natural resources.
 Special law and power with governor of Nagaland.
Separate regional council from tuenseng area. A minister
has to be there from tuenseng district who will have direct
taxes to governor but keep chief minister informed.
In general minimum, no of member's in assembly is 60
but in case of Nagaland is 46.
Article 371(B), special provision with respect to state of
Assam. Committee of MLA's belonging to the tribal areas
of Assam give suggestion for wellbeing and law and
order.

Article 371(c), special provisions for Manipur

Special commitee of the elected members of the hill areas
to be constituted of the order of president to give
suggestion's to be implemented by state govt. Article
371(d) and 371(e), special provisions for employment and
education
Ques: Can Article 370 be repealed?
Answer: Can be repealed by presidential order on the request of
constituent assembly.
 Conclusion
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