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Legislative Assembly .............................................. 37
Contents
Chief Ministers ....................................................... 38
CONSTITUTIONAL DEVELOPMENTS ............................. 3
Regulating Act, 1773 ................................................ 3 Legislative Council.................................................. 39
LOCAL GOVERNMENT ................................................ 41
Pitt's India Act, 1784 ................................................ 3
Charter Act, 1793 ..................................................... 3 CENTRE-STATE RELATIONS ........................................ 52
ELECTION COMMISSION OF INDIA ............................ 53
Charter Act, 1813 ..................................................... 3
Delimitation (Amendment) Act, 2003 ................... 55
Charter Act, 1833 ..................................................... 3
Representation of the People (Amendment) Act,
Charter Act, 1853 ..................................................... 3
2003 ....................................................................... 55
Government of India Act, 1890 ................................ 3
UNION PUBLIC SERVICE COMMISSION (UPSC) .......... 55
Indian Councils Act, 1861 ......................................... 4
Administrative Tribunals ............................................ 56
COMMISSIONS AND COMMITTEES............................ 56
National Commission for Scheduled Castes .......... 56
National Human Rights Commission ..................... 57
National Commission for Women ......................... 58
Indian Independence Act, 1947 ............................... 5
AMENDMENT OF THE CONSTITUTION ...................... 59
MAKING OF THE CONSTITUTION ................................. 5
OFFICIAL LANGUAGES ................................................ 59
Sources of Constitution ............................................ 6
THE UNION AND ITS TERRITORY .................................. 8
CITIZENSHIP.................................................................. 9
Schedules of Indian Constitution ............................... 10
FUNDAMENTAL RIGHTS ............................................. 11
Directive Principles of State Policy (DPSP) ................. 14
FUNDAMENTAL DUTIES ............................................. 16
RIGHT TO INFORMATION ........................................... 16
Central Information Commission ........................... 17
State Information Commissions............................. 17
Union Executives ........................................................ 19
President ................................................................ 19
Vice-President ........................................................ 21
Prime Minister ....................................................... 21
Council of Ministers ............................................... 22
Parliament .................................................................. 22
Judiciary ..................................................................... 27
Supreme Court of India .......................................... 27
High Court .............................................................. 30
Comptroller and Auditor-General of India ................. 33
STATE LEGISLATURE ................................................... 34
Governor ................................................................ 34
M.S.Shashank
• It made the Governor General of Bengal as the
CONSTITUTIONAL DEVELOPMENTS
Governor General of India. All the civil and military
Constitutional Acts powers had been vested in him.
Regulating Act, 1773 • The government of the Governor General was
called as the Government of India and his council
• Also known as the Act of Settlement
as the Indian Council.
• The first step taken in consolidation of British rule
• The East India Company was transformed from a
in India.
commercial body into an administrative body.
• Laid the foundation of central administration in
• Lord William Bentick was the first Governor
India.
General of India.
• The Governor of Bengal was made the Governor
• The laws made under this Act were called as Acts,
General of Bengal and to assist a council of four
whereas those made under the previous acts were
members was constituted.
called as regulations.
• The Governors of Madras and Bombay
presidencies were subordinated to him. Charter Act, 1853
• A Supreme Court was established at Calcutta in • This Act separated the legislative and executive
1774 that had one chief justice and three judges. functions of the Governor General's Council for
• This Supreme Court was independent of the the first time.
Governor General and the council. • The system of competitive examination was
Pitt's India Act, 1784 introduced in the civil service examination. The
covenant civil service was thus thrown open to
• Established a system of double government. . For
the Indians also, Macaulay Committee was
the first time, the company's territories in India
appointed in 1854.
were called British possessions.
• The British Parliament was given the power to
• Indian affairs came under the direct control of the
give the administration of India to the British
British Government.
Crown at any time of discretion.
• A new body. The Board of Control was appointed
• Six additional members were appointed to the
for managing the political matters.
Executive Council of the Governor General, four
• The members in the Governor General's Council
among which were appointed by local
were decreased to three.
government of Bengal, Bombay, Madras and
• The company was asked to follow the policy of
Agra.
non-intervention.
Charter Act, 1793 Government of India Act, 1890

• This Act was also known as the Act for the Good
• This Act empowered the Governors to act against
Government of India,
the wishes of their council, in certain special
• This Act abolished the Bax India Company. The
conditions.
power of the permanent, territories A revenues
• The monopoly of trade with India for another
of India are traded to the Cocoa.
twenty years was given to the company.
• The Board of Directors and the Board of Control
Charter Act, 1813 were abolished. All the rights were given to the
• This Act deprived the company of the monopoly Secretary of State for India, who was a member
of trade in India. of the British Parliament and the cabinet
• The three councils of Madras, Bombay and • The Secretary of State for India was assisted by a
Calcutta were given enlarged powers, but council that was called the Indian Council, which
subjected to greater control of the British had fifteen members.
Parliament. • The Secretary of State was bound to act
• All regulations made by the three councils were according to the wishes of the Indian Council in
required to be placed before the parliament the services and economic affairs. In other affairs
he had discretionary powers.
Charter Act, 1833
• The beginning of building a Constitution during
the British rule in India.
M.S.Shashank
Indian Councils Act, 1861 • For the first time, it was this Act that provided
• This introduced for the first time, the for the separate representation of the Muslim
representative institutions in India. community
• It enabled the Governor General to associate the • The powers of the Legislative Councils were also
Indians with the work of legislation by enhanced. Its members were permitted to vote
nominating them to his expanded council. on them except in case of non-votable items.
• It decentralised the legislative powers of the • This Act legalised communalism and Lord Minto
Governor General's Council. These were vested came to be known as the Father of the
in the Governments of Bombay and Madras. Communal Electorate.
• It gave the Governor General the power to frame
Government of India Act, 1919
rules for more convenient transaction of
• This Act is also known as Montagu-Chelmsford
business in council.
Reforms.
• It accorded the statutory recognition to the
• Diarchy at the provinces was established. The
portfolio system.
administration subjects were divided into two
• This policy of legislative devolution resulted in
categories - Central and Provincial. The
almost complete internal autonomy to the
provincial subjects were further sub-divided into
provinces in 1937.
transferred and reserved subjects. (CSPE-2015) .
Indian Councils Act, 1892 • There was a relaxation of the central control
• Increase in the number of additional members in over the provinces in administrative as well as in
the Governor General's Council and in the legislative and financial matters.
provincial legislative assembly. • The Governor General was given the freedom to
• Along with the legislative function, the councils nominate as many members to the Executive
were now allowed discussions on the annual Council as he desired.
financial statement with certain conditions and • The councillors were nominated for five years, •
restrictions. The Central Legislature consisted of two houses.
• The members of the Legislative Council • The Council of States was composed of 60
continued to be nominated by the Governor members out of whom 34 were elected.
General and the Governors. But a provision was • A lower house, named the Legislative Assembly,
made to nominate them on the basis of composed of approximately 144 members of
recommendation of organised associations such whom 104 were elected. The powers of both the
as Calcutta Chamber of Commerce and Zamindar houses were kept equal except that the power
Association. Thus, this Act made provisions for to vote supply was given exclusively to the
the indirect election of the members of the Legislative Assembly.
Legislative Council.
Indian Councils Act, 1909 • This Act prescribed a federal government
• This act is known as Morley-Minto Reforms. considering provinces and princely states 25
• The number of members in the Legislative units.
Council both at the centre and the provincial • The administrative subjects were divided into a
levels were increased. federal list, the provincial list and the concurrent
• The number of members in the Legislative list.
Council was increased to sixty. • Diarchy in the provinces was abolished and the
• Satyendra Prasad Sinha became the first Indian provincial autonomy was introduced in its place.
to join the Executive Council of the Viceroy. This introduced responsible government at the
• At the centre, official members were in majority provinces,
but in provinces, the non-official members • Diarchy was adopted at the centre and the
included non-official nominated members as federal subjects were divided into the reserved
well among them. subjects and the transferred subjects.
• This Act introduced bicameralism in six out of
eleven provinces, comprising a Legislative

M.S.Shashank
Assembly and a Legislative Council. The six • On 29 August 1947, the Constituent
provinces were Bombay, Bengal, Madras, Bihar, Assembly appointed a Drafting Committee
Assam and the United Provinces, under the chairmanship of Dr. Ambedkar
Indian Independence Act, 1947 with the following members:
• This Act declared India as an independent and o N Gopalsamy Iyangar
sovereign state ending the British rule o Alladi Krishnaswamy iyer
• It created two independent dominions - India o KM. Munshi
and Pakistan. o Mohammed Sadayuthulla
• The office of the Secretary of State for India was o B.L. Mitter (later replaced by Mr.
abolished. His functions were transferred to the Madhava Rao)
Secretary of State for Commonwealth Affairs. o Dr. D.P. Khaitan (replaced by Sri. T.T.
• It is assigned a dual function, i.e. Constitutional Krishnamachari after death)
and Legislative to the Constitutional Assembly Committees under the Constituent Assembly
formed in 1946.
• The office of the Viceroy was abolished and the • Committee on the Rules of Procedure: Rajendra
king appointed a Governor General for each Prasad
dominion • Steering Committee: Rajendra Prasad
• Finance and Staff Committee: Anugrah Narayan
Sinha
MAKING OF THE CONSTITUTION • Credential Committee: Alladi Krishnaswamy iyer
• House Committee. B. Pattabhi Sitaramayya
• Constituent Assemblies the Constituent • Order of Business Committee:KM. Munshi
• Ad-hoc Committee on the National Flag: Rajendra
Assembly that was elected for undivided
Prasad
India held its first meeting on 9 December
• Committee on the Functions of the Constituent
1946. Assembly: G.V. Mavalankar
• It was elected by an indirect election by the • States Committee: Jawaharlal Nehru
members of provincial legislative assemblies • Advisory Committee on Fundamental Rights,
(lower house only). Minorities and Tribal and Excluded
• In June 1947, delegations from the provinces • Arbas: Vallabhbhai Patel
of Sindh, East Bengal, Balochistan, West • Minorities Sub-Committee: H.C. Mookherjee
Punjab and the North West Frontier • Fundamentals Rights Sub-Committee: J.B.
Province formed the Constituent Assembly Kripalani
of Pakistan in Karachi. • North-East Frontier Tribal Areas and Assam
Excluded & Partially Excluded Areas Sub-
• Members of Constituent Assembly
Committee: Gopinath Bardolol
• Dr. Sachidananda Sinha was elected as the
• Excluded and Partially Excluded Areas (other than
temporary President of the Constituent those in Assam) Sub Committee: AV. Thakkar
Assembly on 9 December 1946. • Union Powers Committee. Jawaharlal Nehru
• Later on, Dr. Rajendra Prasad became the • Union Constitution Committee: Jawaharlal Nehru
President on 11 December 1946. • Drafting Committee. B.R. Ambedkar
• The Vice-President of the Constituent
Assembly was Professor Harendra Coomar
Mookerjee (the former Vice-Chancellor of
Calcutta University and a prominent
Christian from Bengal who also served as the
chairman of the Minorities Committee of the
Constituent Assembly). He was also
appointed governor of West Bengal after
India became a republic.
M.S.Shashank
Sources of Constitution
The Constitution of India has been drawn extensively
from the western legal traditions in its enunciation of
the principles of a liberal democracy. It has adopted the
following features from other constitutions:
• Federal scheme
• Office of Governor
• Judiciary
• Public service commission
• Emergency provisions
• Administrative details
Table 3.1 Sources of Indian Constitution

Source Features Imbibed
British Constitution Parliamentary form of government
Bicameralism
The idea of single citizenship
The idea of the rule of law
Institution of speaker and his role
Legislative procedures
Procedure, established by Law V/A 13
United States Constitution Charter of Fundamental Rights similar to the United States Bill of Rights
Federal structure of government
Power of judicial review
Independence of the judiciary
President as the supreme commander of the armed forces u/a 52
Due process of law u/a 13
Irish Constitution Directive principles of state policy
Nomination of members to Rajya Sabha
Method of election of the president
French Constitution Ideals of liberty, equality and fraternity
Canadian Constitution A quasi-federal form of the government (ie, a federal system with a strong
central government)
The idea of residual powers
Australian Constitution Freedom of trade and commerce within the country and also between the
states
Power of the national legislature to make laws for implementing treaties and
even on matters outside normal federal jurisdiction
Malaysian Constitution The idea of the concurrent list
Japan Constitution Fundamental duties u/a 51A
Weimar Constitution Emergency provision u/a 356
Table 3.2 Is Preamble a Part of the Constitution?

M.S.Shashank
Traditional View Modern View
The Preamble is not a part of the constitution The Preamble is a part of the constitution as
because even if it is dropped, the constitution will given by keshavanand Bharti Case (1973)
continue to function. The Supreme Court in The Supreme Court overruled its decision and
Berubari Union (1960) held that: said that the Preamble is a part of the
1. The Preamble is not a part of the constitution. constitution and can be amended but basic
2. The Preamble cannot be amended by features of the preamble should not be
parliament like other parts of constitution changed.
But the question is if other parts are amended, In the 42nd Amendment Act 1976, the
they will be progressive and dynamic and the Preamble was amended by the parliament
Preamble will stay behind. After some time, the and the terms socialist, sovereignty and the
Preamble will not reflect the essence of the integrity were added to it.
constitution.
Ideals and Aspirations of Preamble 4. Democratic
Ideals are the means to achieve goals. Following are A Democratic polity is based on the principle that the
the ideals of the Preamble: possession of supreme power is vested with the
people.
1. Sovereignty
Democracy
It means supreme political power of the state which is
unlimited and uncontrolled. India is neither a It is the government of the people, for the people and
dependency nor a dominion of any other nation and it by the people. It is a political democracy, i.c.
is free to conduct its own affairs (both internal and democratic government based on one-man-one vote
external), type of universal adult franchise (Article 326).
2. Socialist Social Democracy
The ownership control of resources is with the society This implies equal opportunity to men and women
and Indian socialism is 'democratic socialism and not a irrespective of their caste.
communistic socialism'. As the Supreme Court says,
Economic Democracy
'Democratic socialism aims to end poverty, ignorance,
disease and inequality of opportunity. Indian This implies equitable distribution of resources.
socialising is a blend of Marxism and Gandhism, leaning
heavily towards Gandhian socialism'. 5. Republic
The socialist goals are found in the Directive Principles In a Republic, the Head of the State is elected by the
and State Policy of the constitution. (a) Article 39B state directly or indirectly. It is not based on heredity.
A Republic also means two more things:
The government shall take steps to provide equitable
distribution of resources. • First, vesting of political sovereignty in the people
and not in a single individual like a king:
(b) Article 39C : Prevention of concentration of wealth • Second, the absence of any privileged class and
to common deterrents (in few hands). hence all public offices being opened to every
citizen without any discrimination.
3. Secularism
6. Justice
Indian secularism is based on Salary Dharma Sambhav',
The term "justice in the Preamble embraces three
i.e. all religions are equal. The Indian Constitution
distinct forms - social, economic and political – secured
embodies the positive concept of secularism, i.e. all
through various provisions of Fundamental Rights and
religions in our country (irrespective of their strength)
Directive Principles.
have the same status and support from the state and
accordingly Articles 25 to 28 (guaranteeing the Social Justice
fundamental right to freedom of religion) have been
included in the constitution
M.S.Shashank
This implies that there is no discrimination of the Article 1
citizens on the basis of artificial classification like
untouchability, abolition of titles, etc. Name and territory of the Union
Political Justice • India, Lc. Bharar, shall be the Union of States.

• The names of states and the territories the
This implies that all citizens should have equal political exactly as specified in the first schedule.
rights, equal access to all political offices and equal • The territory of India shall be classified inte
voice in the government. For example, Article 326 gives dette categories:
provision for universal adult franchise. o The Territories of the States
Economic Justice
o The Union Territories specified in the
first schedule.
This implies that there is no discrimination of the o Such other territories may be acquired.
citizens on economic basis and there is equitable
distribution of resources. Article 2
7. Liberty Article 3
It means opportunities for the development of the 1. form a new state by separation of a territory
individual without any restraints on his or her activity. from any state or by uniting two or more states
For example, or parts of state or by uniting any territory to a
part of any state;
(1) Freedom of thought and expression (Article 2. Increase the area of any state;
191(a)). 3. Diminish the area of any state;
(2) Freedom of belief, faith and worship, and 4. Alter the boundaries of any state; or
5. alter the name of any state
(3) Right to freedom to religion Article (25–20).
Given that no Bill for the purpose shall be
(a) Freedom from undue or arbitrary restraint introduced in either House of Parliament except
especially by the government. on the recommendation of the President and
unless, where the proposal contained in the Bill
(b) Freedom of individual to do what he or she
affects the area, boundaries or the name of any of
considers best for himself for herself provided he or
she does not violate the rights of other individuals.
the state for expressing its vices within such
further period as the President may allow and the
8. Equality period so specified or allowed has expired.
It means absence of special privileges to any section of Reorganisation of States
the society, and the provision of adequate
opportunities for all individuals without any • At the time of Independence, India was divided
discrimination. into British India provinces and Indian princely
states.
9. Fraternity • Of the 552 princely states situated within the
geographical boundaries of India, 549 joined
It means promotion of brotherhood among people.
India and the remaining 3 (Hyderabıd,
Fraternity also ensures dignity of individual and unity
and integrity of the nation.
Junagarh and Kashmir) joined India later
• Sardar Vallabh Bhai Patel, Home Minister in
the National Provisional Government, and V.K.
Menon (Home Secretary) through their
THE UNION AND ITS TERRITORY persuasive and punitive measures, integrated
a large number of states with the Indian Union.
Articles
Article 4
Articles 1 - 4 of the Constitution of India deal with
the union and its territories: Provides that any law referred in Article 2 of Article
3 should contain provisions for amendment of first
M.S.Shashank
and fourth schedule of the Constitution without 9. In the Hindi speaking areas of Punjab, demand
going through procedure as prescribed by Article was raised for the setting up of Hindi speaking
368, states out of Punjab. It resulted in the division
of the State of Punjab into the Punjabi
State Reorganisation Commissions
speaking area of Punjab, the Hindi speaking
1. Dhar Commission, under Justice S.K. Dhar was area of the State of Haryana and setting up of
appointed in 1948 by the Government of India Chandigarh, a union territory in 1966 by the
to look into the question of linguistic 18th Constitutional Amendment.
reorganisation of India. In its report, the Dhar 10. In 1975, Sikkim was made an associate state by
Commission rejected the idea of linguistic 35th Constitutional Amendment, which later
reorganisation of the states. on by 36th Constitutional Amendment Act in
2. In December 1948, J.V.P. The Commission 1975 was made a fully fledged state
(Jawaharlal Nehru, Sardar Patel and Pattaabhi 11. Mizoram was made a state of the Union of
Sitaramayya) was appointed by the India in 1986. by the 53rd Constitution
government to look into the question of states Amendment.
reorganisation on the basis of languages. It did 12. In 1987, the State of Arunachal Pradesh was
not favour the idea of the linguistic added by the 55th Constitution Amendment.
reorganisation of states. 13. The State of Jharkhand was made out of Bihar
3. In 1954, the Government of India appointed a in 2000.
commission to look into the question of staté 14. The eastern region of Madhya Pradesh was
ré-organisation. A three-member commission popularly known as Chhattisgarh. Finally,
was headed by Justice Fazal All Pandit Madhya Pradesh was bifurcated and the State
Hidayanath Kunzru and Sardar K.M. Pannikar of Chhattisgarh was formed in 2000.
were its other members. In September 1955, 15. In the hilly area of the erstwhile State of Uttar
the commission submitted its report in which Pradesh, Uttaranchal was formed in 2000. On
it recommended the formation of 16 states 11 October 2006 the name of the state was
and 3 centrally administered areas for the changed to Uttarakhand.
Indian Union. Based on the recommendation 16. In February 2014, Andhra Pradesh
of the States Reorganisation Commission. Reorganisation Act 2014 bill was passed by the
Union parliament passed the States Parliament of India for the formation of
Reorganisation Act, 1956, which provided for Telangana state comprising ten districts from
the setting up of 14 states and 6 union north-western Andhra Pradesh. The bill
territories. received the assent of the President and
4. In 1953, Andhra Pradesh was created by taking published in the Gazette on 1 March 2014.
the Telugu-language-speaking region of
Madras province, Bombay province and the
Central Province.
5. In 1954 Pondicherry was handed over by the
French to India and was included in Indian
Union as a union territory.
6. Demand for the State of Gujarat out of
Bombay province was raised in the decade of
the sixties. This resulted into the bifurcation of
Bombay province and the State of CITIZENSHIP
Maharashtra and Gujarat in 1961.
7. On 11 December 1961. Goa was freed from Part II of the Constitution from Article 5 to Article
Portuguese occupation through an army 11 deals with citizenship.
operation, and was made a state in 1987, by Citizenship Act, 1955
the 56th Constitution Amendment Indian Citizenship Act, 1995 prescribes the modes
8. In 1962, the State of Nagaland was created. of acquisition of citizenship:
Citizenship by Birth
M.S.Shashank
• Every person born in India on or after 26 •Increasing demand and expectations for
January 1950 shall be a citizen of India by birth. dual citizenship for people of Indian origin
• Citizenship by Descent in North America, Europe, Australia, New
• A person born outside India on or after 26 Zealand, Singapore and few other
January 1950 shall be a citizen of India by countries have been seen.
dissent if his or her father is a citizen of • On the occasion of the first Pravasi
India at the time of his or her birth. Bharatiya Diwas on 9 January 2003.
• Citizenship by Registration Honourable Prime Minister Shri Atal Bihari
• A non-citizen can apply for citizenship of Vajpayee made an announcement to grant
India and can be registered by the dual citizenship to PIOs. This was passed by
prescribed authority by the following the Indian Parliament unanimously in
conditions: December 2003.
o Should be a person of Indian origin • The concept of dual citizenship, now
and have spent five years in India; phrased as Overseas Citizenship, will grant
o Foreign women married to an overseas citizenship to the people of Indian
Indian citizen; or origin belonging to certain countries as
o Minor children of Indian parents. well as Indian citizens who may take up the
Citizenship by Naturalisation citizenship of these countries in future.
• A foreigner can acquire Indian citizenship • At present this facility is being extended to
on application for naturalisation to the PIOs of sixteen specified countries, namely,
Government of India shall specify persons Australia, Ireland, Israel, Italy, the
of the territory who shall be the citizens of Netherlands, New Zealand, Portugal.
India. Republic of Cyprus, Sweden, Switzerland,
United Kingdom, United States of America,
Citizenship by Incorporation of Territory Canada, Finland, France and Greece.
• When any foreign territory is added to Singhvi Committee
Indian Union people of that territory • A high-level committee on Indian diaspora
automatically become Indian citizens. under the chairmanship of L.M. Singhvi.
Loss of Citizenship • This committee recommended In its report
A person can lose citizenship under the to grant overseas Indian citizenship to the
Constitution (by the Citizenship Act 1955) in three people of Indian origin.
ways: • Based on its recommendations, provisions
(i) Renunciation, (ii) Termination and (iii) have been made for Overseas Citizenship
Deprivation of India (OCI) commonly known as dual
People of Indian Origin (PIO) citizenship to the people of Indian origin
According to a comprehensive scheme launched
by the Government of India, the following people,
settled anywhere throughout the world, are
eligible to have PIO card and therefore:
• Card holders can visit India without any
visa.
• The card is to be valid for fifteen years.
• They will enjoy similar benefits as NRIs
(Non-Resident Indian) in economic,
financial and educational matters but are Schedules of Indian Constitution
not allowed to have political rights, Schedules to the Constitution of India can be
• People of Indian origin from Pakistan and added through the amendments to it. There are
Bangladesh are not entitled to it. twelve schedules to the Constitution of India,
Dual Citizenship which are effective at present:

M.S.Shashank
• First Schedule: This schedule is about the •Twelfth Schedule: Powers, authority and
states and union territories of India, responsibilities of municipalities are
• Second Schedule: In this schedule, defined in this schedule.
provisions have been made to the Citizenship Amendment Act, 2005
President and the Government of States, • Makes provisions for dual citizenship for
Speaker and the Deputy Speaker of the PIO by amending the Citizenship
House of the People, the Chairman and the Amendment Act, 1955.
Deputy Chairman of the Council of States, • The eligibility provision is being extended
the Speaker and the Deputy Speaker of the to such citizens of all other countries other
Legislative Assembly, the Chairman and than those who had never been a citizen of
the Deputy Chairman of the Legislative Pakistan and Bangladesh.
Council of a state, the Judges of the
Supreme Court and of the High Courts and FUNDAMENTAL RIGHTS
the Comptroller and Auditor-General of
PART III OF THE CONSTITUTION FUNDAMENTAL
India.
RIGHTS
• Third Schedule: Forms of oaths or
• Based on the Bill of Rights of the United States.
affirmations are mentioned in this
• Called as the fundamental rights because these
schedule.
rights are most important for the physical,
• Fourth Schedule: This schedule specifies
spiritual and mental development of an
the allocation of seats in Council of States
individual and thus for a healthy functioning of
• Fifth Schedule: Provisions as to the
the democracy.
administration and control of scheduled
• These are given in the Part-III of the
areas and scheduled tribes are mentioned
Constitution from Article 12 to Article 35.
in this schedule. The amendment of the
schedule is also included in the Part D of
Constitution Provides for Six Fundamental Rights
the schedule.
• Right to Equality (Articles 14–18)
• Sixth Schedule: This schedule deals with
• Right to Freedom (Articles 19-22)
provisions as to the administration of tribal
• Right Against Exploitation (Articles 23, 24)
areas in the states of Assam, Meghalaya,
• Right to Freedom of Religion (Articles 25-28)
Tripura and Mizoram. (CSPE, 2015)
• Cultural and Educational Rights (Articles 29, 30)
• Seventh Schedule: The List or the Union
• Right to Constitutional Remedies (Article 32)
List, List Il or the State List and List III or the
Concurrent List are included in this
schedule. Article 13
• Eighth Schedule: The twenty-two
Provides for the laws inconsistent with or in
languages have been selected as the
derogation of the fundamental rights.
official languages of India are mentioned in
this schedule. 1. All laws in force in the territory of India
• Ninth Schedule: Validation of certain Acts immediately before the commencement of this
and Regulations is dealt within this Constitution, so far as they are inconsistent with
schedule. (CSPE, 2014) the provisions of this part, shall, to the extent of
• Tenth Schedule: Provisions as to the such inconsistency, be void.
disqualification on ground of defection for 2. The state shall not make any law which takes
the Members of Parliament and Members away or abridges the rights conferred by this part
of the State Legislatures are mentioned in and any law made in contravention of this clause
this schedule. (CSPE, 2014) shall, to the extent of the contravention, be void.
• Eleventh Schedule: This schedule talks 3. In this article, unless the context otherwise
about the powers, authority and the required:
responsibilities of panchayats.

M.S.Shashank
• Law includes any of the ordinances, order, bye- All citizens shall have the right
law, rule, regulation, notification, custom or usage
• To freedom of speech and expression
having in the territory of India the force of law.
• To assemble-peaceably and without arms
• Laws in force include laws passed or made by a
• To form their associations or unions
Legislature or any other com patent authority in
• To move freely throughout the territory of India
the territory of India before the commencement
• To reside and settle in any part of the territory of
of this Constitution and not previously repealed,
India
notwithstanding that any such law or any part
• To practice any profession, or to carry out any
thereof may not be then in operation either at all
occupation, trade or business.
or in particular areas.
• Nothing in this Article shall apply to any
• Article 20: Protection in respect of conviction for
amendment of this Constitution made under
offence.
Article 368.
• Article 21: Protection of life and personal liberty
Judicial Review • Article 22: Protection against the arrest and
detention in certain cases
• Judicial review is adopted from the Constitution of
the United States of America and the Indian Preventive Detention
Constitution. Judicial review actually refers to the
fact that the Constitution is the supreme power of The provisions for preventive detention have been
the nation and all laws are under its supremacy. mentioned in Article 22. The purpose of
Article 13 deals with that. preventive detention is to prevent a person from
• All the post-Constitution laws differ from it in all or committing a crime by arresting such person even
some of its provision then the provisions of the before he has committed any such crime. The
Constitution will prevail and the provision of that ordinary judicial and legal procedures do not apply
post constitution relating to the same matter. in the case of preventive detention. The
• In such a situation, the provision of that law will preventive detention in India is effective in both
again come into force. This is called the Theory of normal times and emergencies.
Eclipse,
• In a similar way, laws made after adoption of the The preventive detention is a sort of protective
Constitution by the constituent assembly must be mechanism used by the State against probable
compatible with the Constitution; otherwise, the offenders who are likely to commit crimes with
laws and amendment will be deemed to be void ab respect to the security of the state, public order
initio. and supply of essential commodities.
Right to Equality Preventive Detention Acts
• Article 14: Equality before law or equal protection 1. Preventive Detention Act, 1951, first preventive
of law. detention measure, which expired in Dec 1969.
• Article 15: Prohibition of discrimination on 2. Maintenance of Internal Security Act (MISA),
grounds of religion, race, caste, creed, sex or place enacted in 1971 was notorious during the
of birch emergency which was abolished in 1978 by the
• Article 16: Equality of opportunity in matters of Janata Government.
public employment. 3. Conversation of Foreign Exchange and Prevention
• Article 17: Abolition of untouchability. of Smuggling Activities Act (COFEPOSA), enacted in
• Article 18: Abolition of titles. 1974 with the objective to conserve foreign
exchange and check smuggling activities. This act is
still in force.
4. Terrorist and Disruptive Activities Act (TADA).
Right to Freedom enacted in 1983 with the objective of curbing
terrorist activities especially in Punjab. The act
Article 19 expired in 1995:

M.S.Shashank
5. Prevention of Terrorism Act, 2002, enacted to deal • Article 29: Protection of interests of minorities
with the rising of terrorism. regarding their language, script and culture.
• Article 30: Rights of minorities to establish and
The preventive detention is distinct from punitive
administer educational institutions.
detection in the sense that a person can be arrested
and detained under the former without recourse to Right to Constitutional Remedies
legal procedures and even before he has actually
Article 32
committed a crime. However, the Constitution
prescribes the following protections to a person Remedies for the enforcement of rights conferred by
detained under preventive detention: this part:
(a) The concerned detainee should be informed as 1. The right to move the Supreme Court by
soon as possible about the ground of such appropriate proceedings for the enforcement of
detention except when it is not desirable in rights conferred by this part is guaranteed.
national interest. 2. The Supreme Court shall have the power to issue
(b) The concerned detainee should be allowed to directions or orders or writs, including the writs in
move the court as soon as possible to defend the nature of habeas corpus, mandamus,
himself. prohibition, quo warranto and certiorari,
(c) Any person can be detained for not more than two whichever may be appropriate for the
months under the provisions of preventive enforcement of any of the rights conferred by this
detention. Before the 44th amendment the part.
maximum duration of detention was three 3. Without prejudice to the powers conferred on the
months. If the government wants to detain a Supreme Court by the causes (1) (2). Parliament
person beyond a period of two months, the may by law empower any other court to exercise
recommendation of any Advisory Board headed by within the local limits of its jurisdiction all or any of
a a judge of the High Court is mandatory. the powers exercisable by the Supreme Court
under clause (2)
The 44th Amendment reduced the Maximum duration
4. The right guaranteed by this article shall not be
of detection from 3 months to 3 months. It is also
suspended except as otherwise provided for by this
provided for the constitution of an Advisory Board
Constitution of India.
headed by a judge of the concerned High Court to
recommend for detention beyond a period of two Amendability of Fundamental Rights
months
• In the case of Shankari Prasad vs. Union of India,
Right against Exploitation the Supreme Court held that the parliament has
the power to amend any part of the Constitution
• Article 23: Prohibition of traffic in human beings
including fundamental rights.
and forced labour.
• But in the case of Golak Nurh vs. The State of
• Article 24: Prohibition of employment of children
Punjab (1967), the Supreme Court declared that
in factories, etc. (CSPE-2017)
the ordinarily elected parliament does not have the
Right to Freedom of Religion right to amend the fundamental rights included in
the part III of the Constitution which were quite
• Article 25: Freedom of conscience and free
Sacred.
profession, practice and propagation of religion.
• The judgment of the Supreme Court laid down that
• Article 26: Freedom to manage religious affairs,
although the past amendments if the fundamental
• Article 27: Freedom of payment of taxes for the
rights were to be valid as upsetting them would
promotion of any particular religion.
mean that a lot of administrative decisions would
• Article 28: Freedom to attend religious instruction
be affected but in future, the parliament would not
or religious worship in certain educational
have any right to amend the fundamental rights.
institutional institutions.
The Supreme Court further declared that a
Cultural and Educational Rights Constituent Assembly should be convened to
amend the fundamental rights.

M.S.Shashank
• By the 24th Amendment Act, 1971. Article 13 and
Directive Principles of State Policy
Article 368 were amended. The main purpose of
this amendment was to counter the effects of the (DPSP)
decision of the Supreme Court, In the case of Golak
Nath vs. The State of Punjab, to restore back to the
parliament its right to amend any part of the • The Directive Principles of the State Policy are
Constitution in fundamental rights, included in part given in the Part IV of the Constitution of India from
III of the Constitution. Article 36 to Article 51. It is borrowed from the Irish
• The Supreme Court gave its historic judgment in Constitution of 1937. On the basis of their nature
the case of Keshava Nand Bharti who was the head DPSP can be classified into three classes:
of math in Kerala. He had challenged the right of
the parliament to amend the fundamental rights as
per the decision of the Supreme Court in the case
of Golak Nath given in 1967. This famous judgment
in the case of Keshav Nand Bharti was delivered in
the year 1973. The Supreme Court upheld the 24th
amendment of the Constitution and gave back to
the parliament the right to amend any part of the
Constitution including part III of the Constitution in
which the fundamental rights were enshrined. But
it also declared that the parliament has no right to
amend the basic structure of the Constitution.
• Table 3.3 Directive Principles of State Policy
Socialistic/ Welfare Principles Gandhian Liberal Intellectual

Principles Principles
Art. 38: State to secure a social order for the Art.40: Art. 44: Uniform civil
promotion welfare of the people. Organisation of code for the citizens.
village panchayats.
Art. 39: The State shall, in particular, direct its Art. 46: Promotion 45: Provision the for
policy of education and free and compulsory
The citizens, men and women, equally have the economic interests education for children
right to an adequate means of live hood. of Schedule Castes below fourteen years
The ownership and control of the material (SCs) Schedule
resources of the community are so distributed as Tribes (STs) and
best to sub serve the common good. other weaker
There is equal pay for equal work for both men sections.
and women Art. 47: Duty of. 50: Separation
The health and strength workers, men and Towards securing judiciary from
women, and the tender age of children are not state to raise the executive
abused and that citizens are not forced by level of nutrition Art. 51: Promotion of
economic necessity to enter vocations unsuited to and to improve international peace
their age or strength. public health by and security

M.S.Shashank
The protection of children and youth against the prohibiting the 48: Organisation of
exploitation consumption of agriculture and
intoxicating drinks animal husbandry on
which are injurious scientific. lines.
to health. Art. 49: Protection of
monuments and
places and are objects
of national
importance.
Art. 41: Right to work, to education and to public
assistance in certain cases
Art. 42: Provision for just and humane conditions
of work and maternity relief
Art. 43: Living wages and proper conditions of
work to all the workers
Table 3.4 Differences between Fundamental Rights and Directive Principles
Fundamental Rights Directive Principles

Even the government cannot take away or abridgeThese are mere instructions to the
these rights. government.
These are enforceable in law courts. These are not enforceable in any court. (CSPE-
2015)
The government cannot take policy decisions on The government has powers to make policy
these rights or principles. decisions on these.
These rights strengthen political democracy. The implementation of these principles leads
to the protection of human rights,
These are natural rights.
• Inserted into the Directive Principles of State Policy

by the 25th Amendment Act of 1971 seeks to
DPSP Added by Amendments
upgrade the DPSPs. If laws are made to give effect
Articles Added by 42nd Amendment to the directive principles over fundamental rights,
they shall not be invalid on the grounds that they
Article 39: Creation of opportunities for the take away the fundamental rights.
development of children
Article 45
Article 39 A: Equal justice and free legal aid to the
poor • Ensures provision for free and compulsory
education for children, was added by the 86th
Article 43 A: Participation of workers in the Amendment Act, 2002.
management of industries.
Article 48 A: Protection and improvement of

environment and safeguarding of forests and wildlife.
By Other Amendments
Article 31 C

M.S.Shashank
child or, as the case may be ward between the
FUNDAMENTAL DUTIES
age of six and fourteen years'
• Added by the 42nd Amendment Act in 1976. The RIGHT TO INFORMATION

ten fundamental duties given in Article 51A of the
Constitution can be classified as:
o Duties towards self Right To Information (RTI) Act, 2005.
o Duties concerning the environment
• RTI Act, 2005 was passed by the Parliament on
o Duties towards the state, and
o The duties towards the nation. 15 June 2005 which repealed the Freedom of
Information Act 2002.
By implementing the 86th Constitutional Amendment • RTI Act, 2005. came into force on 12 October
in 2002, a fundamental duty according to which, every 2005.
citizen 'who is a parent or guardian, to provide
• Right to Information Act, 2005 is to extend to
opportunities for education to his or her child or, as the
whole of India except in the state of Jammu
case may be, ward between the age of six and fourteen
years', also called the eleventh fundamental duty, was and Kashmir .
added. • RTI confers upon the citizen of India the legal
right to seek any information regarding public
Article 51A: Fundamental Duties work, public record, document, memos,
It shall be the duty of every citizen of India: contracts, reports, data and any other matter
of public importance from the public authority
1. To abide by the Constitution and respect its ideals
within prescribe time limit through the
and institutions, the national flag and the national
anthem.
stipulated procedure of depositing specified
2. To cherish and follow the noble ideals which amount of fee and writing application to the
inspired our national struggle for freedom. appropriate authority.
3. To uphold and protect the sovereignty, unity, and • Public authority means anybody or institution
the integrity of India. of self-government established or constituted
4. To defend the country and render national service by the state legislature, anybody setup by the
when called upon to do so. government by notification and any NGO
5. To promote harmony and the spirit of common substantially owned or financed by the
brotherhood amongst all the people of India government.
transcending religious, linguistic and regional or
• The public authorities are required to appoint
sectional diversities: to renounce practices
public information officers to provide
derogatory to the dignity of women.
6. To value and preserve the rich heritage of our
information to the people within thirty days of
composite culture; to protect and improve the the submission of application.
natural environment including forests, lakes, • Information on certain matters and from
rivers and wild life, and to have compassion for certain agencies are being excluded from the
living creatures. purview of RTI. These are as follows:
7. To develop the scientific temper, humanism, and o Information regarding file noting
the spirit of inquiry and reform. o Information disclosure that would
8. To safeguard public property and to abjure prejudicially affect the sovereignty and
violence. integrity of India and the security,
9. To strive towards excellence in all spheres of
strategic or economic interest of the
individual and collective activity so that the nation
state in relation with any foreign state.
constantly rises to higher levels of endeavour and
achievement.
o -Information from securities and
10. Every citizen 'who is a parent or guardian, to intelligence agencies, information
provide opportunities for education to his or her regarding privilege of parliament and
legislative assemblies, information that
M.S.Shashank
has been expressly forbidden to be • The Chief Information Commissioner is to hold
published by any court of law or office for a term of five years or up to sixty-five
tribunal or the disclosure of which may years from the date on which he or she enters
constitute the contempt of court. upon his or her office and is not eligible for a
reappointment.
Central Information Commission
• A term of five years is set for every Information
• Right to Information Act, 2005, provides that
Commissioner to hold office, beginning from
the central government is to constitute a body
the date on which he or she enters his or her
to be known as the Central Information
office or till he or she attains the age of sixty-
Commission (CIC) to exercise power on it and
five years, whichever is earlier. The person
to perform the function mentioned under this
after holding the office of Information
Act.
Commissioner is then no longer eligible to hold
• The headquarters of the CIC is to be at Delhi
the same office again, but he can be appointed
and CIC may with the previous approval of the
as the Chief Information Commissioner.
central government establish the offices at
• The CIC and ICs before entering upon their
other places.
office are to subscribe before the President an
Appointment oath or affirmation according to the form set
up in the Act.
The Chief Information Commissioner and the
• The Chief Information Commissioner and the
information commissioners are to be appointed by
information commissioners can resign from
the President of India on the recommendation of
their office at any point in time by writing to
a committee consisting of:
the President of India. The Chief Information
1. The Prime Minister who is to be chairman of Commissioner or an information
the committee: commissioners can also be removed from
2. The leader of opposition in Lok Sabha; office according to the method that is specified
3. A union cabinet minister to be nominated by under the Act.
the Prime Minister. • The salaries and allowance payable to and
other terms and conditions of services of:
Qualifications, Term of Office and Condition of
o The Chief Information Commissioner is
Service
to be the same as that of the Chief
• People of eminence in public life, who possess Election Commissioner.
a broad spectrum of knowledge and have legal o The information commissioner is to be
experience, experience in the field of science the same as that of the election
and technology, have been into social service commissioners
management, keep knowledge about
State Information Commissions
journalism, mass media and/or administration,
• The Right to Information Act, 2005 mentions that
and governance, are the people who are taken
every state government is to constitute a body to
into consideration for the posts of the Chief be known as the information commission to
Information Commissioner and the exercise the powers conferred on and to perform
information commissioners. the function assigned to it under the RTI Act.
• There is a provision that those chosen as CIC
Appointment
and ICs should not be members of Parliament,
or even members of the legislative of any state • The state chief information commissioner and the
or Union Territory. These people must also not state information commissioner are to be
be part of any office of profit, or be affiliated appointed by governor on the recommendation of
to any political party or being a part of any a committee consisting of:
business or pursuing profession.
M.S.Shashank
1. The chief minister who shall be the chairperson be removed after the Supreme Court on a
of the committee. reference made to it by the Governor has
2. The leader of the opposition in the legislative confirmed that the grounds for the removal are
assembly. valid.
3. A cabinet minister is to be nominated by the
Powers and Functions of the Information
chief minister.
Commissions
The state chief information commissioner is to
The Central Information Commission or the State
supervise and manage the affairs of the state
Information Commission are empowered to receive
information commission and is assisted by the state
and inquire into a complaint from any person who
information commissioners.
could not get information from any public authority
Qualification, Terms of Office and Conditions of due to a reason of no appointment of PIO in chat
Service organisation.
• For the selection of people as state chief • If the request made by any person for information
information commissioner and state information has been turned down by public authority
commissioners, the criteria is the same as that for • If the information seeker could not get the
the selection of the CIC and ICs, which requires the information within the time limit specified under
candidates to be persons of eminence in public life RTI.
with wide knowledge and experience in law, • If the demanded fee by the public authority for
science and technology, social service, providing the information is unreasonably high.
management, journalism, mass media or • If the information seeker thinks that he or she has
administration and governance. been provided incomplete, misleading or false
• The restrictions on people to be selected as state information.
chief information commissioner or a state • In respect of any other matter relating to
information commissioner are also the same, and requesting or obtaining access to records under
they require the candidates to not be members of this Act.
parliament or members of state legislative • The central public information officer or the state
assembly of any state or UT, and cannot hold any public information officer has to be granted a
other office of profit or be affiliated to any political reasonable opportunity of putting forth his or her
party or be a part of any business or profession. case before any penalty is imposed on him or her.
• The state chief information commissioner and The responsibility of proving the allegations will be
information commissioner are to hold office for upon the Information officers.
five years or up to an age of sixty-five years. • No suit is to be laid against any person for anything
• The state chief information commissioner and done in good faith.
state information commissioner are required to • The provisions of this Act are to have effect not
take oath before the governor. with-standing anything inconsistent therewith
• The terms and conditions of services, and the pays contained in Official Secrets Act, 1923.
and allowances, which apply to the state chief • The Right to Information Act has been continuously
information commissioner, are to be same as that used by the active and aware members of the civil
of an Election Commissioner. The terms of service society to expose corrupt practices in the
and the pays and allowances of the State administration and misappropriations of the funds
Information Commissioner are to be same as that sanctioned for the execution of public welfare
of the chief secretary of the state government. schemes.
• The state chief information commissioner of a • Mrs Aruna Roy, a social activist and winner of
state information commissioner ain resign by Magsaysay Award, is actively associated with the
writing to the President, in a manner similar to that task of popularising Right to Information Act
of the CIC and ICs. They can be removed from their among the common masses of the country.
office by the order of the governor on the ground, • Arvind Kejriwal won the Magsaysay Award for
in cases where misbehaviour is proved, or where popularising Right to Information Act among the
the said person is incapable to hold office. They can people

M.S.Shashank
• The President should not be a member of any
Union Executives
house of union or state legislature,
• He or she should not hold any office of profit.
Part V of the Constitution deals with the Union • Her she is entitled to the free use of his or her
executives, comprising the President, Vice-president, official residences, such emoluments, allowances
Prime Minister, Council of Ministers and Attorney and privileges are determined by the parliament by
General of India. law.
• During the President's term of office his or her
President emoluments and allowances shall not be
President is the head of the state and the first citizen diminished.
of India. He or she acts as the symbol of unity, integrity
President's Term at the Office
and solidarity of India.
• The President holds office for a term of five years.
Election of the President
• He or she can resign from his or her office at any
Article 54 time by addressing the resignation letter to the
Vice-President of India.
• The President of India is elected by an electoral
• Any resignation addressed to the Vice-President
college which consists of the elected members of
shall forthwith be communicated by him to the
the two houses of the parliament and the
speaker of Lok Sabha.
legislative assemblies of the states (In this context,
• The President can also be removed by the
the term (state) includes the national capital
impeachment for violation of the Constitution.
territory of Delhi and the union territory of
Either house may prefer the charge of violation of
Puducherry also).
the Constitution before the other house which
Article 55 shall be either investigated.
• When a vacancy occurs in the President's office
• It provides that, as far as practicable, there shall be
due to his or her death, resignation or removal or
uniformity in the scale of representation of the
otherwise, the Vice President acts as the President
different states at the election of the President.
until a new. President is elected
The President's election is held in accordance with
• An election to fill such 1 vacancy should be held
the system of proportional representation by
within six months from the date of occurrence of
means of a single transferable vote and the voting
such vacancy
takes place by secret ballot.
• A person who holds or who has held the office of
Article 58 the President is eligible for re-election to that
office.
• A person, to be eligible for the election of the
President, should fulfil the following conditions: Article 60
o The person willing for the President's
• The oath of office to the President is administered
election should be a citizen of India.
by the Chief Justice of India and in his or her
o He should have completed the age of
absence, by the senior most judge of the Supreme
thirty-five (35) years.
Court available.
o He should be qualified for election as a
member of the house of the people, i.e. Article 61
the Lok Sabha.
Provides that the President may be removed by
o He should not hold any office of profit
impeachment from his or her office on grounds of
under the union government or any local
violation of the Constitution.
or other authority
• The impeachment charges may be initiated by
either house of the parliament or the charges
Article 59
should be signed by 1/4th of the members of the
Lays down a few more conditions of the President's house which framed the charges.
office:
M.S.Shashank
• Regarding these charges, a fourteen-day notice • He or she can summon the parliament and dissolve
should be given. the Lok Sabha.
• The resolution of the charges for impeachment of • He or she can address the parliament at the
the President should be passed by the majority of commencement of the first session after each
not less than 2/3rd of the total membership of the general election and the first session of every year.
house. • He or she can also summon a joint sitting of both
• Afterwards the charges are investigated in the the houses of the parliament which is presided
other house of the parliament. If the resolution is over by the speaker of the Lok Sabha.
passed in this house also with the majority of 2/3rd • He or she can appoint any member of the Lok
of its total membership, then the President stands Sabha to preside over its proceedings when both
removed from his or her office from the date on the speaker's and deputy speaker's office fall
which bill is so passed. vacant and also can appoint any member of the
Rajya Sabha to preside over its proceeding when
The Power and Functions of the President
both the chairman's and deputy chairman's office
Executive Powers fall vacant.
• In the Rajya Sabha, twelve members are
Article 53 provides the executive powers of the nominated from amongst the people having
President: special knowledge or some practical experience in
• All executive powers of the union government are respect of literature, science, art and social service,
vested in him or her by him or her, and two members to the Lok Sabha
• He or she can make the rules specifying the can also be nominated from the Anglo-Indian
manner in which the orders and other community.
instruments made and executed in his or her • For introducing bills in the parliament regarding a
name shall be authenticated. bill involving expenditure from the Consolidated
• He or she appoints the Prime Minister and the Fund of India or a bill for alternation of boundaries
other ministers; and they hold office during his or of states or creation of new state, President's prior
her pleasure recommendation or permission is needed.
• He or she appoints the Attorney General of India • When a bill is sent to the parliament after it has
and he or she too holds the office during the been passed by the parliament, the President can
President's pleasure. give his or her assent to the bill or return the bill Gif
• The Comptroller and Auditor General of India, the it is not a money bill or a constitutional
Chief Election Commissioner and other election amendment bill) for reconsideration of the
commissioners, the chairman and members of the parliament.
UPSC, the governors of the states, the chairman • When a bill is passed by a state legislature it is
and the members of the finance commissions, etc. reserved by the governor for the consideration of
are all appointed by the President of India. the President. The President can give his or her
• The President can appoint a commission to assent to the bill, or withhold his or her assent to
investigate into the conditions of SCs, STs and the bill or direct the governor to return the bill (if it
OBCs (Other Backward Classes). is not a money bill) for reconsideration of the state
• He or she directly administers the union legislature A
territories through administrators appointed by • ccording to the Article 123, the President can
him or her. promulgate ordinances when both the houses of
• He or she can seek any information relating to the the parliament are not in session. These
administration of affairs of the union and the ordinances must be approved by the parliament
proposals for legislation from the Prime Minister. within six weeks of its reassembly. The ordinance
can be effective for a maximum period of six
Legislative Powers months and six weeks.
The President is an integral part of the parliament. He Emergency Powers
or she enjoys the following legislative powers:
• The President deals with the following three of
emergencies:
M.S.Shashank
National Emergency and void after two months if it is not approved
through a resolution passed by the houses of the
• According to Article 352, the President can
parliament
proclaim national emergency after the approval
by both the houses of the parliament within one Vice-President
month, and after approval the emergency • The members of two Houses of the Parliament
continues for six months. choose the Vice-President by election, according to
• During the period of a national emergency, the the system of proportional representation by
President acquires certain extraordinary powers. employing the means of single transferrable vote.
• He or she can pass directions to any state with • The eligibility conditions for election of a person as
regard to the manner in which its executive power Vice-President are the same as those for election
is to be exercised. as President accept that for the former, the
• He or she can modify the pattern of distribution of candidate must be qualified for election as a
the financial resources between the union and the member of the Council of States.
states. • He or she holds the office for a term of five years
• The President can suspend the fundamental rights before which he or she could give his or her
of citizen except Article 20 and Article 21. resignation to the President or can be removed by
President's Rule the Rajya Sabha through a resolution passed by a
two-third majority of its members and likewise
• President's rule is also known as a state emergency agreed to by Lok Sabha,
or a constitutional emergency. • The Vice-President is the ex-officio Chairman of the
• On the grounds of Article 356, i.e. failure of Rajya Sabha and presides over all its meetings.
constitutional machinery in the states, and Article • He or she discharges the functions of the office of
365, i.e. failure to comply with or to give effect to President in case that post falls vacant on account
directions given by the union, the President of the death, resignation and removal of the
proclaims the President's rule. President.
• The proclamations should be approved within two
months by both the houses of the parliament, and Prime Minister
then it remains in force for six months. Appointment
• If a national emergency is in force in the entire • Article 75 provides that the appointment of the
country or in any part of the concerned state, and Prime Minister shall be done by the President.
the Election Commission certifies that due to • President appoints the leader of the majority party
difficulties the general elections to the concerned of the Lok Sabha as the Prime Minister.
state Legislative Assembly cannot be held, then the • When no party has clear majority then the
President's rule can be extended beyond the first President by his or her personal discretion appoints
year of implementation; it can be extended six the Prime Minister and asks him or her to seck vote
months at a time. of confidence within a month.
• During the President's rule, the state governor on
behalf of the President carries on the Power and Functions of the Prime Minister
administration of the state with the help of the
• Prime Minister is the head of the government and
advisors appointed by the President or the chief
the real centre of power.
secretary of state. However, the President cannot
• He or she is the leader of the majority in the Lok
interfere with the jurisdiction of the concerned
Sabha.
state high court.
• The President formally appoints him or her. The
Financial Emergency Prime Minister is the real maker of the council of
ministers.
• The President proclaims financial emergency under • The President upon the advice of the Prime
Article 360 if he is satisfied that the financial Minister appoints all members.
stability or credit of India or any part is threatened.
• A proclamation has to be presented in both the Prime Minister as the Captain of the Council of
houses of the parliament and it will become null Ministers

M.S.Shashank
• The council of ministers works under the responsible for all the decisions and actions of the
leadership, direction and control of the Prime President
Minister
Collective Responsibility of the Council of Ministers
• No one can become or remain a minister without
the consent of the Prime Minister. • The council of ministers is collectively responsible
• Any minister who disagrees with the Prime before the parliament, in fact before the Lok
Minister has to resign and quit the ministry: Sabha.
• The Prime Minister can ask any ininister to resign. • In case the Lok Sabha rejects any law or policy or
• When the Prime Minister resigns, it is taken to be decision or budget proposal made by the ministry,
the resignation of the entire council of ministers. it is taken to be a vote of confidence against the
entire council of ministers.
Council of Ministers • In this event the council of ministers resigns and
Appointment goes out of office. Likewise, when the Lok Sabha
• They are appointed by the President on the advice passes a direct vote of no confidence against the
of the Prime Minister. Prime Minister, it also means a lack of confidence
• A person who is not a member of both the houses in it. This system is called Collective Responsibility
can also be appointed as a minister on the of the ministry before the parliament.
condition that he must become the member of
either of the houses within six months. Parliament
Close Relationship between the Parliament and the • Parliament is the supreme legislative body of a
Council of Ministers country. Our Parliament comprises the President
and the two houses, the Lok Sabha (house of the
• Each minister is essentially a member of either people) and the Rajya Sabha (Council of States).
house of the union parliament. • The President has the power to summon and
• If any non-member becomes a minister, he or she prorogue either house of Parliament or to dissolve
has to become a Member of Parliament (MP) the Lok Sabha
within six months. In case he or she fails to do so,
he or she has to quit his or her ministership. Composition of the Two Houses
• • The council of ministers and the parliament Rajya Sabha
actively participate in its working. They take full
part in law making, • The maximum strength of the Rajya Sabha is 250
out of which 238 members are the representative
Ministerial Responsibility of states and the union territories and 12
• The council of ministers is responsible before the members are nominated by the President.
parliament for all its activities and decisions. Lok Sabha
Ministerial responsibility has three main aspects,
as we see in the next Section. • The maximum strength of the Lok Sabha is 552
• Indian council of ministers is fully responsible out of which 530 members are the representative
before the union parliament. of the states, 20 members are the representative
• Responsibility of the Ministers for All Acts of the of the union territories and 2 members are
President nominated by the President from the Anglo-Indian
• The council of ministers is responsible for all the community
decisions and actions of the President
Session of the Parliament
• The President always acts on the advice of the
Prime Minister and the council of ministers. • There are usually three sessions in a year:
• The Prime Minister is the chief advisor of the o The Budget Session (February to
President. May):
• Every decision of the President is the decision of o The Monsoon Session July to
the council of ministers. They are therefore September); and

M.S.Shashank
o The Winter Session (November to
December).
Table 3.5 Representation of States and Union Territories in the Council of States (Rajya Sabha)
States Seats
Andhra Pradesh 11
Assam 7
Bihar 15
Chhattisgarh 5
Goa 1
Gujarat 11
Haryana 5
Himachal Pradesh 3
Jammu and Kashmir 4
Tharkhand 6
Karanataka 12
Kerala 9
Madhya Pradesh 11
Maharashtra 19
Manipur 1
Meghalaya 1
Nagaland 1
Odisha 10
Punjab 7
Rajasthan 10
Sikkim 1
Tamil Naidu 18
Telengana 7
Tripura 1
Urtara Pradesh 31
Uttarakhand 3
West Bengal 16
Delhi 3
Puducherry 1
Arunachal Pradesh 1
Mizoram 1
Total 233
Plus 12 nominated by President = 245

M.S.Shashank
Table 3.6 Representation of States and Union Territories in the Lok Sabha
States Lok Sabha States Lok Sabha

1. Andhra Pradesh 25 15. Kerala 20
2. Arunachal Pradesh 2 16. Madhya Pradesh 29
3. Assain 14 17. Maharashtra 48
4. Bihar 40 18. Manipur 2
5. Goa 2 19. Meghalaya 2
6. Gujarat 26 20. Mizoram 1
7. Haryana 10 21. Nagaland 1
8. Himachal Pradesh 4 22. Odisha 21
9. Punjab 13 23. Uttar Pradesh 80
10. Rajasthan 25 24. West Bengal 42
11. Sikkim 1 25. Uttarakhand 5
12. Tamil Nadu 39 26. Jharkhand 14
13. Tripura 2 27. Chhattisgarh 11
14. Karnataka 28 28. Telangana 17
Union Territories
1. Andaman and Nicobar 1

2. Chandigarh 1
3. Dadar and N Haveli + Daman & Dili 2
4. Ladakh 1
5. Delhi 7
6. Lakshadweep 1
7. Puducherry 1
8. Jammu and Kashmir 5
Total 543
• It can be introduced either in the Lok Sabha or the

Rajya Sabha.
Types of Bills
• It can be introduced either by a minister or by a
Public Bill private member.
• It can be amended or rejected by the Rajya Sabha.
• It is introduced in the parliament by a minister. • It can be detained by the Rajya Sabha for a
• It reflects on the policies of the government (ruling maximum period of six months.
party). • It does not require the certification of the speaker
• To introduce it in the house, a seven-day notice is when transmitted to Rajya Sabha (if it has
required. originated in the Lok Sabha).
Private Bill • It is sent for the President's asscnt only after being
approved by both the houses.
• It is introduced by any member of the parliament • It ain be rejected, approved, or returned for
other than the minister. reconsideration by the President.
• It reflects the stand of the opposition party on a
public matter. Money Bill
• To introduce this bill in the house requires a notice • It can be introduced only in the Lok Sabha and not
of one month. in the Rajya Sabha.
Ordinary Bill • It can be introduced only by a minister.

M.S.Shashank
• It can be introduced only on the recommendation the rights of the consumers. Product Liability is another
of the President. important concept introduced in the Act that mandates
• It cannot be amended or rejected by the Rajya the service provider to compensate the consumer for
Sabha. The Rajya Sabha should return the bill with loss or injury due to a manufacturing defect in the
or without recommendations, which may be product or poor service.
accepted or rejected by the Lok Sabha .
Provisions on e-commerce have also been included in
• It can be detained by the Rajya Sabha for a
the new act. All laws pertaining to direct selling are
maximum period of fourteen days only.
applicable for e-commerce platforms such as Amazon
• It requires the certification of the speaker when
and Flipkart. Product Liability, in this case, would
transmitted to the Rajya Sabha. . It is sent for the
include sellers as well as the e-commerce aggregators.
President's assent even if it is approved only by the
Misleading advertisements can lead to an
Lok Sabha.
imprisonment of two years and a fine up to 210 Lakhs.
• It can be rejected or approved but cannot be
Even the endorser of misleading advertisements ain
returned for reconsideration by the President.
face a ban of one year. Consumer litigation has been
Finance Bill simplified through the enactment of this act since it
permits electronic filing of complaints and the
• It is given in Article 117.
complainant to attend hearing through video
• It contains any or all the matters mentioned in
conference.
Article 110. along with matters of general
legislation. 3. The National Investigation Agency (Amendment)
• It can be introduced only in the Lok Sabha Bill
• It can be introduced only on the recommendation
The National Investigation Agency (NIA) was set up by
of the President.
the government through the enactment of the
• Other things are similar to ordinary bill.
National Investigation Act, 2008 to investigate specific
List of Bills recently passed by the Parliament: cases under certain laws. The NIA amendment bill
passed in July this year allows NIA to investigate
1. The Muslim Women (Protection of Rights on
terrorist activities against Indians and Indian interests
Marriage) Bill (Triple Talag)
outside the country as well. As per the 2008 Act, only
The Bill was introduced in June 2019 replacing an activities which are deemed crimes under the acts
earlier ordinance. The act deems the practice of Triple mentioned in the schedule could be probed by NIA.
talaq or Talaq-e-biddat, in any form: oral, written or
The amendment has added multiple sections of Indian
electronic void and illegal. "Talaq is a term pronounced
Penal Code and other acts to the schedule, thus
by Muslim husbands thrice to divorce their wives.
expanding the scope of crimes that could be
Following the passage of the bill, the declaration of
investigated by the NIA, Thc NIA can now investigate
talaq' has been made a cognisable offence (arrest
offences pertaining to human trafficking, counterfeit
without warrant) which can result in imprisonment of
currency, cyber terrorism and those under Arms Act
up to three years in addition to a penalty. The offence
and Explosive Substances Act, 1908.
is cognisable only if the complaint has been registered
by the woman or her relatives. The wife will be the 4. The Unlawful Activities (Prevention) Amendment
custodian of the children and is also entitled to get a Bill
subsistence allowance from her husband for herself
and their children. Introduced in the Lok Sabha on 08 July 2019, the
objective of the bill was to amend the existing
2. The New Consumer Protection Bill, 2019 On 08 Unlawful Activities (Prevention) Act, 1967. This bill
July 2019. led to heated debates in parliament. While the
The new Consumer Protection Bill was introduced in 1967 act included only terrorist organisations, the
the Lok Sabha. Passed in August, the Act replaced the amnendment empowers the government to
erstwhile Consumer Protection Act, 1986. designate an individual as a terrorist through
The 2019 act has introduced a new Central Consumer
official gazette notification by adding their name
Protection Authority to promote protect and enforce in the fourth schedule under the act. The
M.S.Shashank
individual may or may not be given a chance to be and Election Commissioners respectively. The
heard. The anti-terror law was criticised and amendment was brought in by the Centre claiming that
challenged in the Supreme Court for the same functions of Election Commission and that of
Information Commission are different and hence the
Masood Azhar, wanted by India for multiple amendment was necessary:
terror-related offences has been designated as a
This amendment was severely criticised both outside
terrorist in September 2019 after the amendment.
and inside the parliament for it was deemed to reduce
Prior to amending the act, officers of the rank of the status of the commissioners and thereby the
Deputy Superintendent or Assistant Commissioner autonomy of the commission. The bill was introduced
of Police and above were only allowed to in the Lok Sabha on 19 July 2019 and was notified in the
gazette on 01 August 2019. The rules were
investigate cases, but now, NIA officers of the rank
subsequently notified through which the tenure of
of inspector and above are also empowered to
information commissioners has been reduced to 3
carry out investigations under this act. Prior years from 5 years.
approval, from the Director General of Police of
the State Police in which the property is situated, 7. The Transgender Persons (Protection of Rights)
was required to confiscate property related to Bill
terrorism. As per the amendment, for Even though the bill was introduced in the Lok Sabha in
investigations being conducted by NIA officers, July, it became an act only on 05 December 2019. The
they will require sanction only from the Director act defines a transgender person as someone whose
General of NIA, bypassing the DGP of State Police. gender does not match that assigned at birth. Further,
the act bans any sort of discrimination against them in
International Convention for Suppression of Acts education, healthcare, employment and residence.
of Nuclear Terrorism (2005) has also been added However, they have to obtain a certificate from the
to second schedule of UAPA Act that lists the District Magistrate stating their gender as transgender,
international treaties which define terrorism and Gender should also be changed in all official
also adopted by India. documents. It also calls for establishing i National
Council for Transgender persons (NCT) headed by
5. The Motor Vehicles (Amendment) Bill Union Minister for Social Justice which will have to
Also passed in the parliament in July 2019. the Motor monitor policies policy formulation and legislation
Vehicles (Amendment) Act has made the existing rules related to transgender persons. Pride march and
more stringent as compared to the Motor Vehicle Act protests were held against the act as it lacks clarity in
of 1988. The amendment has substantially enhanced many aspects and also introduces bureaucratic
the penalties and fines for various violations (double to procedures for identifying oneself :15 a transgender.
ten times the hitherto) in an attempt to have a The protestors say that the act goes against the
deterrence effect and in the process reduce the directions of the Supreme Court in the landmark 2014
number of such traffic violations, Standards for judgment.
vehicles, grants, permits and licenses related to motor 8. The National Medical Commission Bill
vehicles have also been covered under this
amendment. Nationwide protests by the medical fraternity were
witnessed in July this year following the enactment of
6. The Right to Information (Amendment) Bill the National Medical Commission Act that annulled the
The RTI bill of 2019 amended the 2005 Act by vesting Indian Medical Council Act, 1956. Nacional Medical
the power to determine office tenure, salaries and Commission is to be set up under the Act superseding
allowances of Information Commissioners in the Medical Council of India to regulate medial education
central government. Earlier, the Chief Information and profession in the country. NEET and NEXT were
Commissioner and other Information Commissioners introduced as common entrance exams for admissions
in the Central Information Commission (CIC) had a fixed into under-graduation and post-graduation,
tenure of five years and their salaries were respectively. The act has also decided to give a limited
benchmarked with that of Chief Election Commissioner license to "Community Health Providers' to practice

M.S.Shashank
medicine. However, the criteria and regulations are yet It was passed in the parliament and became an act on
to be framed. The act was opposed for being 12 December 2019. The passage of the bill in the
draconian' and 'poorly drafted'. Details of the exams parliament resulted in vociferous protests across the
were also not disclosed then. country for varied reasons such as the exclusion of
Muslims, cultural erosion and economic reasons.
The Indian Medical Council (Amendment) Bill was also
Linking this act with the National Register of Citizens
passed by the government earlier in 2019 which
(NRC) also led to apprehensions that certain
provided for supersession of Medical Council of India
communities may be excluded.
Act in two years from September 2018 and also
increased the number of members from 7 to 12.
Judiciary
9. The Jammu and Kashmir Reorganisation Bill
• The judiciary is a relatively independent and a legal
On 31 October 2019, the Jammu and Kashmir system based on the English common law.
Reorganisation Act came into effect despite strong • The concept and procedures resemble those of
opposition, that re-organised state of Jammu and Anglo-Saxon countries, as India's independent
Kashmir as Union Territory of Jammu and Kashmir with judicial system began under the British.
a legislature, and Union Territory of Ladakh without a • The Supreme Court consists of a chief justice and
legislature: The President appointed a Lieutenant twenty-five other justices, all of whom are
Governor each to administer the UTS. Articles 370 and appointed by the President on the advices of the
35A of the Indian constitution which granted special Prime Minister.
status to the state were abrogated. Now, all the laws • The Supreme Court is the apex court in the
and provisions applicable elsewhere in India are also country:
applicable to these two new UTs. State-specific laws • The high court stands at the head of the state's
were also repealed including a prohibition on leasing judicial administration.
land to non-permanent citizens of Jammu and Kashmir. • Session’s judge is the highest judicial authority in a
Internet shutdown and vehement protests were district and each state is divided into judicial
witnessed in the erstwhile state. district presided over by a district judge.
• District judge controls the courts of civil
The Jammu and Kashmir Reservation (Amendment) Bill jurisdiction, known in different states as munsifs,
was also passed by the government, which provided sub-judges, civil judges and the like.
3% reservation in services and educational institutions • Criminal judiciary comprises chief judicial
to people who live near the international border in J&K magistrate of first and second class.
and to those living close to the Line of Control:
Supreme Court of India
10. The Citizenship (Amendment) Bill
• The Indian judicial system has the Supreme Court
This bill makes the persecuted religious minorities - of India at its apex, and is presided by the Chief
Hindus, Sikhs, Jains, Buddhists, Parsis and Christians - Justice of India.
from the neighbouring countries of Pakistan, • The Supreme Court has original, appellate and
Bangladesh and Afghanistan who entered India before advisory jurisdiction. Its exclusive original
2015 irrespective of possession of valid documents, jurisdiction extends to all disputes between the
eligible to apply for citizenship. They will be deemed union and one or more states or between two or
legal migrants. The amendment also allows persons more states (CSPE, 2014).
from the specified countries and specified religions • The Constitution gives an extensive original
gain citizenship faster than others by naturalisation, jurisdiction to the Supreme Court to enforce the
since the 11-year period is reduced to 5 years. On the fundamental rights.
other hand, Muslims from these three countries can • The Supreme Court's appellate jurisdiction can be
still apply for citizenship by naturalisation provided invoked by a certificate issued by the concerned
they have valid documents, have not been declared an high court, or by employing the use of special leave
illegal migrant and have satisfied the 11-year criteria which is granted by the Supreme Court in respect
for naturalisation. of any judgment, decree or final order of a high
court, in both civil and criminal, which involve

M.S.Shashank
substantial question of law 15 to the interpretation Appellate Jurisdiction (Article 136)
of the constitution.
The Supreme Court is the highest court of appeal from
• The Supreme Court of India comprises of the chief
all courts in India. It deals with the hearing of the cases
justice and not more than 31 other judge hold
regarding
office till 65 years of age.
• The Supreme Court of India has many benches for (1) Interpretation of the Constitution: civil, criminal or
the litigation, and this apex court is not only the otherwise;
final court of permissible appeal, but also deals
with interstate matters, and matters comprising of (2) the hearing of the cases involving the civil cases
more than one state, and the matters between the irrespective of all constitutional issue Article 133), and
union government and any one or more states, as (3) the criminal matters irrespective of all
the matters on its original side. constitutional issues (Article 134),.
• The President of India can always seek consultation
and guidance including the opinion of the apex • In addition to all these, the Supreme Court is
court and its judges. This court also has powers to empowered to grant special leave to appeal in
punish anybody for its own contempt. The largest certain cases (Article 136).
bench of the Supreme Court of India is called the • Regarding the constitutional matters, an appeal
construction bench and comprises of five or seven can be made if the high court certifies that the case
judges, depending on the importance attached of involves a substantial question of law regarding the
the matters before it, as well as the work load of interpretation of the Constitution.
the court. • Even if the high court does not grant any
• The apex court comprises only of various benches certificate, the Supreme Court can grant special
comprising of the divisional bench of two and three leave if it is satisfied with the substantial law
judges, and the full bench of three to five judges. regarding the interpretation of the Constitution.
• The appeal to this court are allowed from the high • The Supreme Court is empowered to entertain
court, only after the matter is deemed to be appeal by special leave in any cause or matter
important enough on the point of law or on the determined by any court or tribunal (except a
subject of the Constitution of the nation and is military tribunal) unlimitedly.
certified as such by the relevant high court. • This power is totally discretionary to the Supreme
• In the absence of any certificate from the high Court. But this power is enjoyed only under
court, a person may with leave of che apex court, exceptional circumstances, where substantial
appeal to this court by filling a special leave question of law or general public interest is
petition before the court. involved where grave in justice is involved or
• A person or body may also file a Writ against the where a tribunal exceeds its jurisdiction or
violation of fundamental nights granted under the operates counter to natural justice.
Constitution of India with the permission of the Advisory Jurisdiction (Article 143)
apex court
• Certain writs are allowed to be instituted in the • The Supreme Court gives advice on any question of
apex court directly against the orders of the courts, law or fact of public importance to it for the
of the court material and the central admission consideration by the President of India. But the
tribunals. Supreme Court opinion is not considered as
judgment it does not have any litigation.
Original Jurisdiction (Article 131) • The President is bound by the advice of the
It has exclusive original jurisdiction over any dispute Supreme Court. It only ensures the government to
between the Government of India and one or more get an authoritative opinion as to the legal validity
states or between the Government of India and any of a matter before action is taken upon it.
state or state on one side and one or more states on • However, the court is bound to give its opinion on
the other or between two or more states if and insofar: matters regarding the disputes arising out of a
the dispute involves any question (whether of law or of treaty or agreement entered into before the
fact) on which the existence di extent of a legal right commencement of the constitution.
depends.
M.S.Shashank
Writ Jurisdiction (Article 143) • It is issued by superior court to inferior court
preventing inferior court from usurping a
In addition, Article 32 of the Constitution grants an
jurisdiction, with which it was not legally vested (or
extensive original jurisdiction to the Supreme Court in
to compel inferior court to keep within the limits of
regards to enforcement of fundamental rights.
its jurisdiction).
It holds the power to issue directions, orders or writs • "The writ of prohibition cannot be used to undo
including writs in the nature of habeas corpus, any previous acts, but only to prohibit acts which
mandamus, prohibition, quo warrant and certiorari to are not completed.
enforce them.
Quo Warranto (by what authority)
Habeas Corpus ("You (shall) have the body)
• This writ is one of the prerogative writs that
• This is a legal action or writ through which a person requires the person to whom it is directed to
can seek relief from the unlawful detention of him somewhat authority, he or she has for exercising
or herself or of another person. It protects the some right or power (or 'franchise') he or she clain
individual from harming himself or herself, or to hold. Certiorari
habeas corpus has historically been an important
The writ of Certiorari can be issued by the Supreme
instrument for the safeguarding of individual
Court or the High Courts against any lower court, if it
freedom against arbitrary state action.
has violated its designated jurisdiction and pronounced
Mandamus ('we command') the decision on the case. This writ serves to quash the
judgment in such a case, and the case is then
• This is the name of one of the prerogative writs in transferred to an appropriate court. Violation of
the common law and is issued by a superior court, jurisdiction serves as the ground for issuing the writs of
which Compels a lower court or a government Prohibition and Certiorari, with the difference that the
officer to perform mandatory or purely ministerial writ of Prohibition is issued before the final judgement
duties correctly. of the lower courts, whereas the writ of Certioraris
Prohibition issued after the judgement in a case that has been
pronounced by lower courts.
• Generally limited to appellate court, the use of it is
to prevent lower courts from exceeding their Table 3.7 Comparison Between the Supreme Court
jurisdiction. and the High Court’s
• A writ of prohibition is used to prevent an inferior
court from exceeding its jurisdiction to the rules of
natural justice.
Supreme Court High Court
1. The Supreme Court is a federal court. Its 1. There is provision for a High Court in each
only seat is located at Delhi. Its bench can be State and each Union Territory but two or
established at other places also but so far it more States or two or more Union
has not been established. Territories or States and Union Territories
2. The judges of the Supreme Court are together, may establish a common High
appointed by the President. Court.
3. A person shall have the following 2. The judges of High Courts are also
qualification to become eligible for "appointed by the President.
appointment as a judge of Supreme Court 3. A person shall not be eligible to become a
(i) He or she has been a judge of a High Court judge of a High Court unless such a person
for not less than five years in (i) has been a judicial officer for not less than
succession; Or 10 years within the territory of India; Or
(ii) He or she has been an advocate of a High (ii) has been an advocate for not less than10
Court for not less than 10 years in years in a High Court in India.
succession; Or 4. The judges of High Courts retire from their
office after attaining the age of 62 years.
M.S.Shashank
(iii) He or she is a distinguished jurist in the 5. The judges and the Chief Justices of High
opinion of the President. Courts are removed from the office by the
4. The judges of the Supreme Court retire President in the same manner as adopted in
from their office after attaining the age of 65 the case of the Supreme Court.
years. 6. The salary of the Chief Justice is Rs. 90,000
5. The President can remove the Chief Justice and that of other judges is Rs. 80,000 per
and other judges on the basis of month.
impeachment motion passed in the 7. The judges of High Courts cannot plead
Parliament. before any court during the term of their
6. The salary of the Chief Justice is Rs. office. After retirement they cannot plead
1,00,000 and that of other judges is Rs. 90,000 before any court below the High Court. That
per month. means they can plead only before other High
7. The judges of the Supreme Court after their Courts and the Supreme Court.
retirement and during their term or office, are 8. The judges of High Courts can be
not eligible to plead before any transferred from the one High Court to the
court/authority within the territory of India. other High Court and may be promoted as
8. The judges of the Supreme Court cannot be the judges of the Supreme Court.
transferred nor can they be demoted in 9. The salary and other allowances of the
office. judges of High Courts are charged upon the
9. The salary and allowances of the judges of Consolidated Fund of the States.
Supreme Court are charged upon the 10. The cases involving the interpretation of
Consolidated Fund of India. the Constitution are not decided by the High
10. The cases involving the interpretation the Court.
Constitution are decided only by the Supreme
Court.
47th Chief Justice of India • Among the union territories, Delhi alone has a high
court of its own.
Justice Sharad Arvind Bobde, has been appointed as
• The other six Union territories come under
the 47th Chief Justice of India (CJI). by the President of
jurisdiction of different state high courts.
India. As per convention, outgoing CJI Ranjan Gogoi
• The chief justice of a high court is appointed by the
recommended the name of Justice Bobde, the most
President in consultation with the chief justice of
senior judge of the Supreme Court as his successor. The
India and the governor of the state.
Chief Justice of India and the Judges of the Supreme
• All the high courts have the power of
Court are appointed by the President under clause(2)of
superintendence over all courts within its
Article 124 of the Constitution.
jurisdiction.
High Court • A judge in the high court retires at the age of sixty-
• There are 24 high courts in the country, four having two.
jurisdiction over more than one state. • The jurisdiction as well as the laws administered by
• Bombay High Court has the jurisdiction over a high court can be altered both by the union and
Maharashtra, Goa, Dadra and Nagar Haveli, and state legislature.
Daman and Diu. • The high court’s like those are Bombay, Calcutta
• Guwahati High Court which was earlier known as and Madras have original and appellate
Assam High Court has the jurisdiction over Assam, jurisdictions. Under the original jurisdiction suits
Nagaland, Mizoram and Arunachal Pradesh. where the subject matter is valued at Rs. 25,000 or
• Punjab and Haryana High Court has the jurisdiction more can be filed directly in the high court.
over Punjab, Haryana and Chandigarh. • Most high courts have only appellate jurisdiction.
• Hyderabad High Court has jurisdiction over Andhra • Working under the guidance of the Supreme Court,
Pradesh and Telangana. the high courts are generally the last court of
regular appeal.
M.S.Shashank
• The high courts of Mumbai, Chennai, Kolkata and
Delhi enjoy original jurisdictions beyond a certain
financial limit (For instance Rs. 20 lakh and above
in case of Delhi).
Table 3.8 Jurisdiction and Seats of High Courts
Name Year Territorial Establishment Jurisdiction Seat

Allahabad 1866 Uttar Pradesh Allahabad (Bench at
Lucknow)
Andhra Pradesh 2019 Andhra Pradesh Amaravati
Bombay 1862 Maharashtra, Goa, Dadra and Nagar Bombay (Bench at
Haveli, Nagpur, Panaji and Daman and Nagpur,panaji and
Diu Aurangabad
Calcutta 1862 West Bengal Calcutta (Circuit Bench at
Port Blair)
Chhattisgarh 2000 Chhattisgarh Bilaspur
Delhi 1966 Delhi Delhi
Guwahati 1948 Assam, Nagaland, Arunachal Pradesh (Benches at Mizoram and
Kohimi, Aizwal and Agartala)
Gujarat 1960 Gujarat Ahmedabad
Himachal Pradesh 1971 Himachal Pradesh Shimla
Hyderabad 1954 Telangana Hyderabad
Jammu and Kashmir 1928 Jammu and Kashmir Srinagar and Jammu
Jharkhand 2000 Jharkhand Ranchi
Karnataka 1984 Karnataka Bangalore
Kerala 1958 Kerala and Lakshadweep
Tripura Ernakulam
Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Benches of Gwalior
and Indore)
Madras 1962 Tamil Nadu and Madras
Manipur 2013 Puducherry, Manipur Imphal
Meghalaya 2013 Meghalaya Shillong
Odisha 1948 Odisha Cuttack
Patna 1916 Bhihar Patna (Bench at Ranchi)
Punjab and Haryana 1975 Punjab, Haryana, and Chandigarh Chandigarh
Rajasthan 1949 Rajasthan Jodhpur (Bench at Jaipur)
Sikkim 1975 Sikkim Gangtok
Tripura 2013 Tripura Agartala
Uttarakhand 2000 Uttarakhand Naintital
Jurisdiction and Seat of the High Court • Established at Agra. Shifted to Allahabad in 1875
• Lahore High Court established in 21 March 1919.
• Originally it was known as the Assam High Court,
The jurisdiction covered undivided Punjab and
later renamed as Guwahati High Court in 1971.
Delhi. On 11 August 1947 a separate high court of
• Originally known as the Mysore High Court, later
Punjab was created having its seat at Shimla under
renamed as Karnataka High Court in 1973.
the Indian Independence Act 1947 which had
• Originally known as Punjab High Court, later
jurisdiction over Haryana. In 1966 after the re-
renamed as Punjab and Haryana High Court in
organisation of the Punjab High Court was
1966.
M.S.Shashank
designated as the High Court of Punjab and was facing impeachment proceeding for his tenure as
Haryana. The Delhi High Court was established on Chief Justice of Karnataka.
31 October 1966 with its seat at Shimla.
Saumitra Sen: Calcutta High Court judge Saumitra Sen
• Originally known as the High Court of Assam and
resigned from his post before his impeachment motion
Nagaland, renamed as Guwahati High Court in
was expected to be taken up by the Lok Sabha on 5
1971 by the North East Areas (Reorganisation) Act,
September 2011, after the Rajya Sabha voted in favour
1971.
of it two weeks ago.
• Srinagar is the summer capital; Jammu is the
winter capital. The Subordinate Courts
• The High Court of Travancore-Cochin was
inaugurated at Ernakulam on 7 July 1949. The state This segment of the Indian judicial system comprises:
of Kerala was formed by the State Reorganisation District Court
Act, 1956. That Act abolished the Travancore-
Cochin High Court and created the Kerala High 1. It is empowered to hear the appeals from courts
Court. Moreover, the Act also extended the of original civil jurisdiction besides having original
jurisdiction of the Kerala High Court to civil jurisdiction under many enactments.
Lakshadweep. Composition of District Court
• Under the Government of India Act, 1935 by letters
patent dated 2 January 1936, a high court was The highest court in each district is that of the district
established at Nagpur for the central provinces. and sessions judge. The district court is the principal
After the re-organisation of the states, this high courr of civil jurisdiction, this is also a court of sessions
court was shifted to Jabalpur in 1956. - triable cases are tried by the sessions court, it has the
power to impose any sentence including Capital
New High Court of Andhra Pradesh punishment.
• President of India issued orders for the creation of • There are many other courts subordinate to the
a separate high court for Andhra Pradesh, which court of district and sessions judge.
will start functioning from 1 January 2019 from • There is a three-tier system of courts:
Amravati.
• After the creation of Telangana, the high court of (1) On the civil side, at the lowest level is the court of
the two states was functioning from Hyderabad. . civil judge (junior division).
With the creation of the new high court, the
(2) On criminal side the lowest court is that of the
country will have 25 high courts.
judicial magistrate.
• According to the notification issued by the Law
Ministry, Justice Ramesh Ranganathan, who is at (3) Civil judge (junior division) decides the civil cases of
present the Chief Justice of Uttarakhand high small pecuniary stake.
court, will head the new high court.
(4) Judicial magistrate decides the criminal cases that
• It will have 15 other judges besides the chief
are punishable with an imprisonment of up to five
justice.
years.
Impeachment Against Judge
• At the middle of the hierarchal there is the court of
V. Ramswami: Impeachment proceedings were started civil judge senior division) on the civil side and the
in the Lok Sabha in 1990 against the Chief Justice of court of the chief judicial magistrate on the
Punjab and Haryana Court, Justice V. Ramswami for criminal side. Civil judge senior division) con decide
misconduct (financial). In voting on 10, 11 May 1993, civil cases of any valuation,
the impeachment resolution could not be passed. • There are many additional courts of additional civil
judge (senior division). The jurisdiction of these
P.D. Dinakaran: Chief Justice of Sikkim PD. Dinakaran
addition courts is the same as that of the principal
resigned from his post on 29 July 2011, ahead of the
courts of civil judge (senior division)
commencement of the removal proceedings in Rajya
• The chief judicial magistrate can try cases which
Sabha by the three-member panel. Justice Dinakaran
are punishable with imprisonment for a term up to

M.S.Shashank
seven years. Usually, there are many additional • Conciliation refers to a voluntary process in which
courts of additional chief judicial magistrates. an impartial third party helps the parties in
• At the top level, there may be one or more court of reaching a mutually satisfactory and agreed
additional district and session judge with the same settlement of the dispute
judicial power as that of the district and session • Negotiation is carried out on with the same
judge. objective in mind with a voluntary negotiation on
• Judicial independence of each court is the the part of the parties concerned.
characteristic feature of the district judiciary. • The arbitral tribunal would comprise of the
members in odd numbers which are appointed by
Session Court
the parties and appointment of the arbitrator may
These are the courts of criminal jurisdiction having the be challenged on the ground of partiality and
similar scope of powers. The court of specific original doubt over his independence. The jurisdiction of
jurisdiction is the court of civil judge of judicial the arbitral tribunal is conditioned by the
magistrate small cases court and the court of arbitration agreement itself.
metropolitan magistrate. The district court of India is • The arbitral award is binding on the parties unless
the court at a district level. Whereas these courts are recourses are taken for setting it aside and the
under the administrative and judicial control of the status also elaborates upon the procedure of
high court of the state to which the district concerned enforcement of forcing arbitral awards and
belongs. condition in which they are binding,
Quasi-Judicial System
Comptroller and Auditor-General of
• This appendage to the Indian judicial system is a
recent attempt on the part of the government to
India
expedite the judicial process by diluting • Mr. Shashikant Sharma took over as the
procedural formalities and avoidance of litigation. Comptroller and the Auditor-General of India on
• Tribunals from an indispensable part of this May 2013. He is the 12th CAG of India.
system that are appointed by the government and • Article148 provides for an independent office of
comprise of judge and expert on the particular the Comptroller and Auditor-General of India. He is
field for which the tribunal has been constituted. the head of the Indian audit and accounts
Industrial tribunals pertaining primarily to labour department.
disputes may be taken as an instance. • He is appointed by the President of India for a term
of six years or up to an age of sixty-five years,
Alternative Dispute Resolution whichever is earlier
The advent of Alternative Dispute Resolution system in • The CAG, before taking over his office, makes and
India, which comprises the methods such as subscribes before the President an oath or
arbitration, conciliation and negotiation, has simplified affirmation to carry out the duties of his office
the concept and the procedure of justice delivery fuithfully, and to uphold the Constitution and the
system in India. law.
• He can be removed by the President on the basis
• In consonance of the UNCITRAL agreement of a resolution passed to that effect by both the
parliament came out with a Central Act houses of the parliament with special majority,
(Arbitration and Conciliation Act, 1996) to either on the ground of proved misbehaviour or
consolidate the law relating to domestic that of incapacity:
arbitration, international commercial arbitration
and enforcement of foreign arbitral awards as also Duties and Powers of the Comptroller and Auditor
to define the law relating to conciliation & matters General of India
connected therewith. • Article 149, the Constitution of India. Authorises
• Arbitration may be defined as a private the parliament to prescribe the union and of the
determination of controversial issues by a third states and of any other authority or body.
neutral party (arbitral tribunal), who is employed • Accordingly, the Parliament of India enacts the
to create a binding award. audit in the central government.
M.S.Shashank
• The CAG audits the accounts related to all • About 1200 public commercial enterprises
expenditure from the Consolidated Fund of India controlled by the union and the state
and the public account of India in both central and governments, i.e. government companies and
the state level. corporations.
• He or she audits the receipt and expenditure of all • Around 400 non-commercial autonomous bodies
the bodies and authorities substantially financed and authorities owned or controlled by the union
from the central or state revenues, government or the states.
companies and other corporation and bodies when • Over 4400 authorities and bodies are substantially
so required by related laws. financed from union or suite revenues.
• He or she advices the President with regard to the
Promulgation of Ordinance (Article 123)
prescription of the form in which the accounts of
the centre and the states shall be kept. According to the Constitution of India the President
• He or she submits his or her audit report relating to promulgates the ordinance when one or both the
the accounts of the centre to President and relating houses of the parliament are not in session and he is
to the accounts of a state to the governor." satisfied that there exists a situation that demands
• He or she compiles and maintains the accounts of immediate legislation. An ordinance promulgated
state government as the separation of central seizes to be in operation at expiry of six weeks after the
government accounts took places. parliament approves the ordinance. If the houses
• He or she audits all transactions of the central and reassemble on different days then the six-week period
state government related to debt, sinking funds, is calculated from the date on which the second house
deposits, advances, suspense accounts and reassembled.
remittance in business,
• He or she audits the accounts of any other STATE LEGISLATURE
authority also on a request of President or the
• Part VI of the Constitution from Article 168 to
governor
Article 212 deals with the functions, the
• He or she thus acts as a guide, friend and a
composition and the organisation of state
philosopher to the public accounts committee of
legislature.
the Parliament.
• In every state there is a legislature, which consists
Independence of CAG of governor and one or two houses as the case may
be.
• CAG is appointed by the President but he or she
• Two houses, namely, the legislative council and
does for hold office in accordance with the
legislative assembly, are in existence in the states
procedure mentioned in the parliament.
of Bihar, Jammu and Kashmir, Karnataka.
• He or she is not eligible for further office, either
Maharashtra, Andhra Pradesh and Uttar Pradesh
under the Government of India or of any of the
• In the remaining states, there is only one house
states, after he or she cases to hold his or her
known as the legislative assembly.
office.
• Parliament may, by law. provide for the abolition
• The Parliament determines his or her salary and
of an existing legislative council.
other service conditions.
• The administrative expenses of the office of CAG Governor
are charged upon the Consolidated Fund of India. • The state executive consists of the governor and
• No minister can be called upon to take any the council of ministers with the chief minister as
responsibility for any action done by the CAG. The its head. The governor is the chief executive of the
Comptroller and Auditor-General of India is not state.
represented by any minister of the parliament. • Like the President he or she is the nominal
The organisation subjects to the audit of the executive head. He or she also acts as an agent of
Comptroller and Auditor General of India are: the central government.
• Article 153 says that there should be a governor for
• All the union and state government departments each state.
and offices including Indian railways and posts and • According to the Constitution (Seventh
telecommunications Amendment) Act of 1956, the same person may
M.S.Shashank
sometimes be appointed as governor of two or • He or she advices the President on the issue of the
more states. failure of the constitutional machinery, and
• According to Article 155, the governor is appointed recommends for the imposition of the President's
by the President by warrant under his or her hand rule in the state concerned.
and seal. His or her usual term of office is five years • He or she can use his or her discretion while
but he or she holds office during the pleasure of exercising the functions as the administrator of an
the President. adjoining union territory (in case of an additional
• The Constitution lays down the two qualifications charge).
for the appointment of a person as the governor. • He or she seeks the information from the chief
• According to the Article 157, the person opting for minister with regard to ad ministrative and
the governorship should be a citizen of India and legislative matters of the state.
should have completed 35 years of age. • Some of the governors may have to discharge
• The governor cannot be the member of either certain special responsibilities also under Articles
house of the parliament or any of the state 371(A) to 3710).
legislatures. • Under Article 371 A of the Constitution, the
• The governor cannot hold any office of profit. Governor has special responsibility in the case of
• The chief justice of the concerned high court Nagaland, with respect to the law-and-order
administers the oath of office to the governor of situation in the state. While it is required of him or
that state. her to discuss matters with and consult the council
• The governor can be transferred from one state to of ministers regarding matters of law and order, at
another by the President. the same time, the Governor has the discretion to
• He or she can resign at any time by addressing his exercise individual judgement on the action to be
or her resignation to the President, taken.
• The legislature of a state does not have any role in • Similarly, in respect to Arunachal Pradesh, the
removing the governor from his post. governor has a special responsibility under the
• In case, the same person is appointed as the Article 371H of the Constitution with respect to law
governor of two or more states, the President of and order and in discharging of his or her functions
India determines the emoluments and the in relation there to. These are, however, temporary
allowances payable to him or her in proportion to provisions.
the States concerned. • Similarly in the tribal areas of Assam, Meghalaya,
Tripura and Mizoram, where the Sixth Schedule is
Constitutional Position
applicable, as it is noted in paragraph 20 of that
• As the President in the central level, the governor schedule, the governor is granted discretionary
in the state level exercises his or her powers and powers in matters regarding the sharing of
functions with the aid and the advice of the council royalties between the district council and the state
of ministers headed by the chief ministers government. Additional discretionary powers are
• However, the governor can act on his or her also wested in the gove Mizorain and Tripura,
wisdom and discretion in certain case as are courtesy the Sixth Schedule, in almost all their
mentioned below: functions save for approving regulations for levying
• The governor can appoint a new chief minister in a taxes and lending money to the non-tribals by the
situation where no single party or leader district councils. since December 1998.
commands majority support. • In Sikkim, the governor has been given a special
• He or she can dissolve the assembly on the advice responsibility for the peace, social and the
of the chief minister who has lost majority support. economic advancement of the different sections of
• He or she can dismiss 1 ministry where the ministry population.
refuses to resign even after losing majority • In Maharashtra, establishment of separate
support. development boards for Vidarbha and
• The governor can act in his or her discretion in the Marathwada
case of reservation of a bill for the consideration of • In Gujarat, establishment of separate development
the President and he or she can give or withhold boards for Saurashtra and Kutch.
assent to the bills, return a bill for reconsideration.
M.S.Shashank
Table 3.9 Parliamentary Committees
Committee Total • The governor

Lok Sabha Rajya Sabha Members Works also appoints the state election
Members Members commission and the chairman and the members of
Public Account 22 15 7 the State This
Publiccan
Service Commission.
examine annualHowever,
audit
Committee they can bereport
removed by the President of India and
of CAG.
Estimates 30 30 - not by the This
governor
committee gives suggestions
Community • He or she can
about for
ask any information
financial policies. regarding the
state's administration
Community 15 10 6 • He or she can
To recommend the President
examine public to impose
reports and
and constitutional emergency in the state.
accounts of public under taking and
Undertaking Reports of CAG.
Legislative Powers
Departmental 45 30 15 To consider demand for grants of
Standing The governor isministers.
an integral part of the state
It cannot legislature.
suggest cut
Committee In this capacity, he
motion. or she enjoys the following
Committee 18 - - legislative functions.
It sees whether the power to make
and He or she can regulation,
summon orrules,proroguesub-rules,
the state
Subordinate conferred by constitution, or
legislature and he or she can dissolve state legislature
Legislation assembly. delegated by the parliament are
being properly exercised.
Committee on 15 - - • When bothIt offices of the
examines speakerthe
whether andassurance
the deputy
Government speaker falland vacant then the
promises governor
given by theappoints
ministersany
Assurance member ofinstate's legislative assembly
Lok Sabha are implemented or to preside
over its proceedings.
not.
• After a bill is passed in the state legislature, the
governor can give his or her assent to the bill or
Powers and Functions of the Governor withhold his or her assent. He or she can return the
bill (if it is not a money bill) for reconsideration of
The Governor has the following powers and functions:
the state legislature. He or she can reserve the bill
(1) Executive powers for the President's consideration
• The governor must reserve for the President's
(2) Legislative powers
consideration any bill passed by the state
(3) Financial powers legislature which endangers the position of state
high court. Moreover, he or she can also reserve
(4) Judicial powers the bill if it is of the nature of ultra virus, i.e. against
Executive Powers the Constitution's provisions, if it is opposed to the
Directive Principles of State Policy (DPSP): if it is
The executive power of the state is vested in the against the larger interest of the country, if it is of
governor and is to be exercised by him or her directly grave national importance; and if the nature of the
or through officer’s subordinate to him or her in bill is that of dealing with compulsory acquisition of
accordance with the Constitution (Article 154). property under Article 31A of the Constitution.
• All executive actions of the government of a state • The governor nominates one member of the state
are formally taken in the governor's name. legislative assembly from the Anglo-Indian
• He or she can make rules specifying the manner in community. He or she nominates one-sixth of the
which the orders and other instruments made and members of the state legislative council from
executed in his or her name are to be amongst the persons having special knowledge or
authenticated. practical experience in literature, art, science,
• He or she appoints the chief minister and the other cooperative movement and social service.
subordinate ministers, the advocate general of a • He or she can promulgate ordinances where state
state and they hold office during the governor's legislature is not in session.
office.
M.S.Shashank
• He or she decides on the questions of The 91st Constitutional Amendment Act, 2003 (which
disqualification of members of the state legislature was preciously 97th Amendment Bill) limits the size of
in consultation with the election commission. the council of Ministers to 15 percent of the total
• The Governor of the state lays down reports of the strength of the lower House, the Lok Sabah in the
State. The Finance Commission, the State Public centre and the Vidhan Sabhas in the States. In the
Service Commission and the Comptroller and smaller states like Sikkim and Mizoram where the total
Auditor-General relating to the accounts of the strength of the Vidhan Sabhas is 32 and 40.
state. before the state legislature. Respectively, this maximum number has been fixed at
12 ministers.
Financial Powers
• The governor of the state confirms that the state

Legislative Assembly
budget or the annual financial statement is laid • Legislative Assembly (Vidhan Sabha) of a state
before the state legislature. consists of not more than 500 and not less than 60
• With the governor's prior recommendation only members.
the money bills can be introduced in the state • In Arunachal Pradesh, Sikkim and Goa the
legislature minimum number of members is 30 and that of
• Demands for a grant must be made only on the Mizoram and Nagaland is 40 and 46, respectively.
governor's recommendation. • Territorial constituencies and to be demarcated in
• To meet any unforeseen expenditure, he or she can a way so that the ratio between the population of
make out advances out of the contingency fund of each constituency and number of seats allotted to
the state. it remains the same throughout the state.
• To review the financial position of the panchayats • Term of an assembly is five years unless it is
and the municipalities the governor constitutes a dissolved earlier and can be extended to maximum
finance commission in state after every five years. of six months during a national emergency
Judicial Powers and Functions Powers and Functions
• Pardons, reprieves, respire and remissions of a • Exclusive powers over subjects which are
punishment can be granted by the governor. He enumerated in List II of the seventh schedule of the
can also suspend, remit and commute the Constitution are maintained by the State
sentence of any person convicted of any given Legislature along with concurrent powers over
offence against any law, which pertains to a matter those enumerated in the list III
to which the executive power of the state extends. • Financial powers of the legislature include
• He or she is consulted by the President while authorisation of all expenditure, taxation and
appointing the judges of the concerned State high borrowing by the state government.
courts. • The power to originate money bills rests solely with
• He or she makes appointments, postings and the Legislative Assembly. Recommendations can
promotions of the district judges in consultation be made by the Legislative Council in respect of the
with the state high court. changes which it considers as required within a
• He or she also appoints persons to the judicial time limit of fourteen days of the receipt of money
service of the state (other than the district judges) bills from the assembly. The Legislative Council's
in consultation with the state high court and the recommendations can be cither accepted or
service commission. rejected by the Legislative Assembly.
Difference between Pardoning Power of the

Governor and the President
• The President can pardon a death sentence while

the governor cannot.
• The President can pardon the sentences inflicted
by the court material while the governor cannot
The Size of the Council of Ministers Gets Limited

M.S.Shashank
Chief Ministers • As the chief minister is the head of the council of
• The chief minister of a state is the head of the ministers, his or her resignation or death
government. He or she acts as the real executive of automatically leads to the disseverment of the
the state government. council of ministers. Therefore, he or she can bring
• The position of the chief minister of a state about the collapse of the council of ministers by
resembles that of the Prime Minister's at the resigning from his or her office.
centre. In Relation to the Governor
• Generally, the leader of the majority party in the
Vidhan Sabha is appointed by the governor of the • The chief minister of the state is the main channel
state as the chief minister of that state. of communication between the governor and the
council of ministers.
The Constitutional Provisions • He or she furnishes the information related to the
• Every state shall have a council of the ministers administration of the affairs of the state and
headed by the chief ministers to aid and advice the proposals for the legislation as the governor may
governor in the exercise of his powers and call for.
functions, except the discretionary one • While appointing important officials like the
• The chief minister shall be appointed by the advocate general of the state, the chairman and
governor of that state. members of the State Public Service Commissions,
• Other Minister's shall be appointed by the state election commissioner and the like by the
governor on advice of the chief minister. governor the governor is advised by the chief
• The minister shall hold office during the pleasure minister
of the governor. In Relation to State Legislature
• The council of ministers shall be collectively
responsible to the state legislative assembly. • Regarding the governor's summon any prorogue of
• The governor shall administer the oath of the office the sessions of the state legislature, the chief
and secrecy to the minister. minister advices the governor
• A minister, who is not a member of the state • He or she can at any time, recommend the
legislature for any period of six consecutive months governor for the dissolution of the state legislative
shall cease to be a minister of the state. assembly.
• On the floor of the house of the state assembly, the
Powers and Functions chief minister of the state announces the
In Relation to Council of Ministers As the head of the government policies.
states of council of ministers, the chief minister enjoys Some Other Powers and Functions
the following powers:
• The chief minister is the chairman of the state
• The chief minister recommends the people to be planning board just as the Prime Minister is
appointed as ministers by the governor of the chairman of the planning commission at the
state. central level.
• He or she allocates and reshuffles the portfolios • He or she acts as the vice-chairman of the
among the ministers: concerned zonal council by rotation, holding office
• In case of a difference of opinion, the chief minister for a period of one year at a time.
can advise the governor to dismiss the concerned • The chief minister is a member of the inter-state
minister or he or she can ask the minister to resign council and the national development council,
from his or her post. both headed by the Prime Minister and he or she is
• The chief minister presides over the meetings of the chief spokesperson of the state government.
the council of ministers and he or she influences • He or she is the political head of the services and is
the decisions of the council of ministers meeting. the leader of the party in power, As the leader of
• The activities of all the ministers and guided, the state, he or she meets various sections of
directed, controlled and coordinated by the chief people and receives memoranda from them
minister. regarding their problems,

M.S.Shashank
• During the emergency period, the chief minister Pondicherry are referred to as Lieutenant
acts as a crisis manager-in-chief at the political Governors.
level. • The Governor of Punjab is concurrently the
administrator of Chandigarh.
Legislative Council • The administrator of Dadra and Nagar Haveli is
• Legislative council (Vidhan Parishad) of a state concurrently the administrator of Daman and Diu.
comprises not more than one-third of total number • Lakshadweep has a separate administrator. .
of members in the legislative assembly of the state • The national capital territory of Delhi and the union
and in no case less than 40 members (Legislative territory of Pondicherry cach has a legislative
council of Jammu and Kashmir has 36 members assembly and the council of ministers.
vide section 50 of the Constitution of Jammu and • Pondicherry's Legislative Assembly has the
Kashmir). discretion to laws with respect to matters
• About one-third of the members of the council are enumerated in the List Il or List III in the seventh
elected by members of the legislative assembly schedule of the Constitution as long as these
from amongst persons who are not its members. matters are in relation to the Union Territory.
• One-third by electorates consisting of members of • National Capital Territory of Delhi's Legislative
municipalities, district boards and other local Assembly also retains these powers. with the
authorities in the state. exceptions that entries 1, 2 and 18 of the List II are
• One-twelfth by electorates which consist of people not under the discretion of the legislative
who have been engaged imparting education in assembly.
institutions within the state, but have taught above • Certain categories of bills, however, require the
secondary school, for at least three years. Another prior approval of the central government for
one-twelfth by registered graduates of more than introduction in the legislative assembly.
three years. • Certain bills that are passed by the legislative
• The governor nominates the remaining members assemblies of Pondicherry and the National Capital
from among those who people who have won Territory of Delhi have to be reserved for the
laurels in the fields of literature, science, art, President, so that he or she can consider them and
cooperative movement and social sciences. make known his assent.
• Legislative councils are not subject to dissolution
but one-third of their members retire every second Jammu and Kashmir: Article 370
year. • The state of Jammu and Kashmir holds a peculiar
Reservation of Bills position under the Constitution of India.
• It forms a part of the territory of India as defined in
• The governor of a state may reserve any bill for the Article 1 of the Constitution, being the fifteenth
consideration of the President of India state included in the first schedule of Constitution,
• Bills which deal with matters such as compulsory as it stands amended.
acquisition of property, measures affecting powers • It has a separate state constitution adopted by the
and the position of high courts and imposition of Jammu and Kashmir Constituent Assembly (which
taxes on the storage, distribution and sale of water entered into force on 26 January 1957).
or electricity in the interstate river or river valley • Here, the residuary powers are vested with the
development projects can be reserved. state government.
• No bills seeking to impose restrictions on interstate • Under the Constitution of Jammu and Kashmir
trade can be introduced in a state legislature people enjoy the dual citizenship.
without a previous sanction of the President. • Right to property and the right to participate in the
Union Territories election are reserved only for citizens of the state.
Article 3 does not apply to Jammu and Kashmir,
• The administration of Union Territories is taken thus Parliament cannot change the ame, boundary
care of by the President, who acts to the extent he or area of the state without the concurrence of
or she deems fit, by employing an administrator for state legislature.
the UTs. The administrators who are appointed for • In case of a national emergency, if the emergency
the Andaman and Nicobar Islands, Delhi and is proclaimed on the grounds of war or external
M.S.Shashank
aggression it automatically becomes applicable to these, 24 seats will remain vacant on account of
the state. But in case of emergency proclaimed on certain areas of Jammu and Kashmir being under
the ground of armed rebellion, it is applicable only the occupation of Pakistan. Further, seats will be
after the state legislature's approval. reserved in the Assembly for Scheduled Castes
• Financial emergency is also applicable only after and Scheduled Tribes in proportion to their
the approval of the state legislature, population in the Union Territory of Jammu and
• Preventive detention laws made by parliament do Kashmir. In addition, the Lieutenant Governor
not apply. may nominate two members to the Legislative
• Indian Penal Code and Criminal Procedure Code of Assembly to give representation to women, if they
India do not apply to the state of Jammu and are not adequately represented.
Kashmir. Instead, it has its own laws. 5. The Assembly will have a term of five years, and
the Lieutenant Governor must summon the
Re-organisation of the State of Jammu and Kashmir
Assembly at least once in six months. The
The Jammu and Kashmir Reorganisation Act, 2019 is an Legislative Assembly may make laws for any part
act of the Parliament of India to reconstitute the of the Union Territory of Jammu and Kashmir
Indian-administered state of Jammu and Kashmir, into elected to: (i) any matters specified in the State
two union territories, one to be called Jammu and List of the Constitution, except Police and "Public
Kashmir, and the other Ladakh, on 31 October 2019. A Order' and (ii) any matter in the Concurrent List
bill for the act was introduced in the Rajya Sabha, on 5 applicable to Union Territories. Further,
August 2019. The bill was passed in Rajya Sabha the Parliament will have the power to make laws in
same day and was passed by the Lok Sabha on 6 August relation to any matter for the Union Territory of
2019. It received the President's assent on 9 August Jammu and Kashmir.
2019. 6. The Union Territory of Jammu and Kashmir will
have a Council of Ministers of not more than ten
The introduction of the bill was preceded by a percent of the total number of members in the
presidential order under Article 370 of the Indian Assembly. The
constitution that revoked Jammu and Kashmir's special 7. High Court of Jammu and Kashmir will be the
status. common High Court for the Union Territories of
"The erstwhile state of Jammu and Kashmir now has Ladakh, and Jammu and Kashmir
been re-organised into (i) the Union Territory of Jammu 8. The Schedule lists 106 central laws that will be
and Kashmir with a legislature and (ii) the Union made applicable to Union Territories of Jammu
Territory of Ladakh without a legislature. The Union and Kashmir and Ladakh on a date notified by the
Territory of Ladakh will comprise Kargil and Leh central government. "These include the Aadhaar
districts, and the Union Territory of Jammu and Act, 2016, the Indian Penal Code, 1860, and the
Kashmir will comprise the remaining territories of the Right to Education Act, 2009. Further, it repeals
existing state of Jammu and Kashmir 153 state laws of Jammu and Kashmir. In addition,
166 state laws will remain in force, and seven laws
Key Features: will be applicable with amendments. These
1. The Union Territory of Ladakh will comprise Kargil amendments include lifting of prohibitions on
and Leh districts of erstwhile State of Jammu and lease of land to persons who are not permanent
Kashmir. These districts will cease to be a part of residents of Jammu and Kashmir.
J&K. Article 370 and Article 35A of the Indian Constitution
2. The Governor of the state will be the Lieutenant and Their Relation to Jammu and Kashmir
Governor of Jammu and Kashmir and Ladakh.
3. Four sitting members of the Council of states Article 370
representing the existing state of J&K will be • It granted an autonomous status to Jammu and
deemed to have been elected to the seats allotted Kashmir and the parliament needed the state
to the UT of J&K. government's nod for applying laws in the state
4. The Act provides for a Legislative Assembly for the except defence, foreign affairs, finance and
Union Territory of Jammu and Kashmir. The total communications
number of seats in the Assembly will be 107. Of
M.S.Shashank
• The law of citizenship, ownership of property, and • He or she can also increase or decrease its arca,
fundamental rights of the residents of Jammu & alter its boundary lines, rescind such designation,
Kashmir is different from the residents living in rest or make fresh orders for such redesignation on an
of India. Under Article 370, citizens from other area in consultation with the governor of the state
states cannot buy property in Jammu & Kashmir concerned.
Under Article 370, the Centre has no power to
Law Applicable to Scheduled Areas
declare financial emergency
• It is important to note Article 370(1)(c) explicitly • The governor is empowered to direct that any
mentions that Article 1 of the Indian Constitution particular Act of Parliament or the state legislature
applies to Kashmir through Article 370. does not apply to a scheduled area or apply with
• Article 1 lists the states of the Union. This means specified modifications and exceptions.
that it is Article 370 that binds the state of J&K to
the Indian Union. Removing Article 370, which can Declaration to Tribal Areas
be done by a Presidential Order, would therefore • The governor is empowered to organise and re-
make the state independent of India. organise the autonomous districts. Thus, he can
Article 35A increase or decrease their areas or change their
names or define their boundaries.
• It gave the Jammu & Kashmir Legislature full • If there are different tribes in an autonomous
discretionary power to decide as to who the district, the governor can divide the district into
'permanent residents of the state are. several autonomous regions.
• It gave special rights and privileges regarding
employment within the state government, Law Applicable to Tribal Areas
acquisition of property in the state, settling in the • The district and regional councils administer the
state and the right to scholarships and other forms areas under their jurisdiction.
of aid that the state government provides. • They can make laws on certain specified matters
• It also allowed the state legislature to impose any like land, forests, canal water, shifting cultivation,
restrictions upon persons other than the village administration, inheritance of property,
permanent residents regarding the above. marriage and divorce and social customs.
• To guarantee these special rights and privileges, • All such laws require the assent of the governor.
the Article says no act of the state legislature that
comes under it can be challenged for violating the
Constitution or any other laws
LOCAL GOVERNMENT
Municipalities
Scheduled and Tribal Areas
• 1688 saw the setting up of the first Municipal
• Article 244 in Part X of the Constitution envisages a Corporation in the former presidency town of
special system of administration for certain areas Madras, Corporations which were similar in their
designated as 'scheduled areas and tribal areas". roles were then established in the then presidency
• The administration and control of scheduled areas of Bombay and Calcutta in the year 1726.
and scheduled tribes in any state come under the • While detailed provisions of making sure that
Fifth Schedule of the Constitution. The Fifth democracy was protected in the parliament and in
Schedule, although, does not include the states of the state, legislatures was made by the
Assam, Meghalaya, Tripura and Mizoram. Constitution, it did not make any such clear
• The Sixth Schedule of the Constitution deals with provisions with respect to the local self-
the administration of the tribal areas in the four government in urban areas.
north-eastern states of Assam, Meghalaya, Tripura • The state policy's directive principles are in
and Mizoram. reference to the village panchayats but there is no
particular reference to municipalities except for in
Declaration of Scheduled Areas
entry five of the state list. This entry marks the
• The President is empowered to declare an area to state responsible for the subject of the self-
be a scheduled area. governments.

M.S.Shashank
• So as to make provisions for a common framework • A new part of the IX-A relating to the municipalities
for urban local bodies and to help strengthen the has been incorporated in the Constitution provide
functioning of the bodies and turn them into provisions from articles 243-P to 243-ZG.
effective democratic units of self-government, the • The fixed time period of municipalities,
Constitution (74th Amendment) Act, 1992, relating appointment of state election commission,
to the municipalities in year 1992, was enacted by appointment of state finance commission and the
the Parliament. constitution of metropolitan and district planning
• The Act received the ascent of the President on 20 committees is also provided for.
April 1993 and the Government of India notified I • States and union territories have setup their own
June 1993 as the date from which the said Act election commissions.
came into force.
Table 3.10 Article 243P: Definitions
Term Definition
Committee Means a committee constituted under
Article 243S
District Means a district in a state
Metropolitan Area This refers to an area which consists of a
population of ten lakh or more people, which
comes under one or more districts. It also has
at least two or more municipalities or
panchayats or other contiguous areas, which
are specified by the governor, or through
public notification, to be a metropolitan area
for the purposes of this part.
Municipal Area Means the territorial area of a municipality
as notified by the governor
Municipality Means an institution of self-government
constituted under Article 243Q
Panchayat Means a panchayat constituted under Article
243B
Population Means the population as ascertained at the
last preceding census of which the relevant
figures have been published.
this purpose, each municipal area shall be divided

into territorial constituencies called as wards.
ARTICLE 243Q: CONSTITUTION OF MUNICIPALITIES
• The legislature of a state may, by law, provide for
• These shall be constituted in every state: the representation in a municipality of
o A nagar panchayat for a transitional area, i.e. o People having special knowledge or
an area in transition from a rural area to an experience in the field of municipal
urban area. administration.
o A municipal council for a smaller urban area. o The members of the House of the People
o A municipal corporation for a larger urban and the members of the legislative
area. assembly of the state representing
constituencies which comprise wholly or
ARTICLE 243R: COMPOSITION OF MUNICIPALITIES partly the municipal area,
• All the seats in a municipality shall be filled by o The members of the council of states and
people chosen by direct election from the members of the legislative council of the
territorial constituencies in the municipal area. For
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state registered as electors within the • Not less than one-third (including the number of
municipal area. seats reserved for women belonging to the
o The chairpersons of the committees scheduled castes and the scheduled tribes) of the
constituted under clause (5) of Article total number of seats to be filled by direct election
243S: provided that the people referred to in every municipality shall be reserved for women
in paragraph (i) shall not have the right to and such stats may be allotted by the rotation to
vote in the fearing of the municipality different constituencies in a municipality
o The manner of election of the chairperson • The offices of the chairpersons in the
of a municipality municipalities shall be reserved for the scheduled
a scheduled tribes and women in a manner that the
ARTICLE 243S: CONSTITUTION AND COMPOSITION OF
legislature of the state my by law Provide.
WARDS, COMMITTEES, ETC.
• The reservation of the seats under causes (1) and
• There shall be constituted ward committees, (2) and the reservation of the offices of
consisting of one or more wards, within the chairpersons (other than the reservation for
territorial area of a municipality having a women) under cause (4) shall cease to have an
population of more than three lakh. effect on the expiry of the period specified in
• The legislature of a state may, by law, make Article 334.
provision with respect to: • Nothing in this part shall prevent the legislature
o the composition and territorial area of from making any provision for reservation of scats
wards committee. in any municipality or offices of the chairpersons in
o the manner in which the seats in a ward the municipalities in favour of the backward class
committee shall be filled. of citizens.
• A member of the municipality representing a ward
ARTICLE 243U: DURATION OF MUNICIPALITIES, ETC.
within the territorial area of the wards committee
shall be a member of that committee. • Every municipality, dissolved under any law for the
• Wards committee consists of either one ward, the time being in force, shall continue for five years
member representing that ward in the municipality from the date of appointment for its first meeting
or two or more wards, one of the members and no longer, provided that 1 municipality shall be
representing such wards in the municipality given a reasonable opportunity of being heard
elected by members of the wards committee. shall before dissolution.
be the chairperson, • No amendment of any law for the time being in
• Nothing in this article shall be deemed to prevent force shall have the effect of causing dissolution of
the legislature of a state from making any provision the municipality at any level, which is functioning
for the constitution of communities in addition to immediately before such amendment, till the
wards committees. expiry of its duration specified in the clause (1).
• An election to constitute a municipality shall be
ARTICLE 243T: RESERVATION OF SEATS
completed:
• Seats shall be reserved for the scheduled castes (a) Before the expiry of the duration specified in
and the scheduled tribes in every municipality and clause (1);
the numbers will be in the same proportion to the (b) Before the expiry of a period of six months
total number of seats to be filled by direct election from the date of its dissolution, provided that
in that municipality as the population of the where the reminder of the period for which the
scheduled castes in the municipal red or of the dissolved municipality would have continued is
scheduled tribes in the municipal arca bears to the less than six months, it is not necessary to hold
total population of that area and such scats may any election under this clause to constitute the
be allotted by rotation to different constituencies municipality for such a period.
in a municipality • A municipality constituted upon the dissolution of
• Not less than one-third of the total number of seats a municipality before the expiry of its duration will
reserved under clause (1) shall be reserved for continue only for the remainder of the period for
women belonging to the scheduled castes or, as which the dissolved municipality would have
the case may be, the scheduled tribes.
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continued under the clause (1) had it not been so such purposes and subject to the conditions and
dissolved. limits:
• Provide for making such grants-in-aid to
ARTICLE 243V: DISQUALIFICATION FOR MEMBERSHIP
municipalities from the Consolidated Fund of the
A person shall be disqualified for being chosen as a state
member of a municipality: • Provide for constitution funds for crediting all the
moony received, respectively, by or on behalf of
• If he or she is so disqualified by or under any law the municipalities.
for the time being in force for purposes of elections
to the legislature of the state, provided that no ARTICLE 243Y: FINANCE COMMISSION
person shall be disqualified on the grounds that he
• The finance commission constituted under the
or she is less than twenty-five years of age, and has
Article 243-I shall review the financial position of
attained the age of twenty-one years:
the municipalities and make recommendations to
• If he or she is so disqualified by or under any law
the governor as to,
made by the state legislature and
• The principles which should govern
• If any question arises as to whether a member of a
o The distribution between the state and the
Municipality has become subject to any of the
municipalities of the net proceeds of the
disqualifications mentioned in clause (I) question
taxes, duties, tolls and fees levied by the
shall be referred for the decision of such an
state, which may be divided between them
authority and in such a manner as the legislature of
under this part and the allocation between
the state may, by law, provide.
the municipalities at all levels of respective
ARTICLE 243 W: POWERS, AUTHORITY AND shares of such proceeds.
RESPONSIBILITIES OF o The determination of the taxes, duties,
tolls and fees which may be assigned to, or
MUNICIPALITIES, ETC. appropriated by the municipalities.
Subject to the provisions of this Constitution, the o The grants-in-aid to the municipalities
legislature of a state may, by law endow: from the Consolidated Fund of the state of
India.
• The municipalities each with powers and authority • The measures needed to improve the financial
necessity to enable them to function as institutions position of the municipalities.
of self-government and such law may contain • Other matters referred to the finance commission
provisions for the devolution of powers. The by the governor in the interests of sound finance of
responsibilities upon municipalities, subject to the municipalities.
conditions as specified therein, with respect to the • The governor shall cause every recommendation
committees with such powers and authority as made by the commission under this article
may be necessary to enable them to carry out the together with an explanatory memorandum to the
responsibilities conferred upon them including action taken thereon to be laid before the
those in relations to matters listed in the twelfth legislature of the state.
schedule.
ARTICLE 243Z: AUDIT OF ACCOUNTS OF
ARTICLE 243X: POWER TO IMPOSE TAXES BY, AND MUNICIPALITIES
FUNDS OF, THE MUNICIPALITIES
The legislature of a state may, by law, make provisions
The legislature of a state may, by law: with respect to the maintenance of accounts by the
• Authorise a municipality to levy, collect and municipalities and auditing of accounts.
appropriate such taxes, durries, tolls and fees in ARTICLE 243ZA: ELECTIONS TO THE MUNICIPALITIES
accordance with the given procedures and subject
to such limits: •The superintendence, direction and control of the
• Assign to a municipality such taxes, duties, tolls and preparation of electoral rolls for, and the conduct
feed levied and collected by state government for of, all elections to the municipalities shall be vested
in the state election commission referred to in the
Article 243K.
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• Subject to the provisions of this Constitution, the o "The manner in which the seats in such
legislature of a state may, by law, make provisions committees shall be filled. Provided that
with respect to all the matters relating to, or in not less than four-fifths of the total
connection with, collections to municipalities. members of such committee shall be
elected by, and from amongst, the elected
ARTICLE 243ZB: APPLICATION TO UNION TERRITORIES
members of the panchayat at the district
The provisions of this part shall apply to the union level and of the municipalities in the
territories and shall in their application to a union district in proportion to the ratio between
territory effect as if the references to the governor of a the population of the rural areas and that
state were references to the administrator of the union of the urban areas in the district,
territory appointed under Article 239 and references to o The functions relating to district planning
the legislature or the legislative assembly of a state which may be assigned to such
were reference in relation to a union territory having a Committees.
legislative assembly, to that legislative assembly, o The manner in which the chairpersons of
provided that the President may, by public notification, such committees shall be chosen.
direct that the provisions of the part shall apply to a • The chairperson of every district planning
union territory or a part subject to such exceptions and committee shall forward the development plan, as
modifications as they may specify in the given recommended by such committee, to the
notification. government of the concerned state
ARTICLE 243ZC: PART NOT TO APPLY TO CERTAIN ARTICLE 243ZE: COMMITTEE FOR METROPOLITAN
AREAS PLANNING
• Nothing in this part shall apply to the scheduled • There shall be constituted in every metropolitan
areas referred to in clause (1), and the tribal areas area a metropolitan planning committee to
referred to in clause (2), of the Article 244 prepare a draft development plan for the
• Nothing in this part shall be construed to affect the metropolitan area on a whole.
functions and powers of the Darjeeling Gorkha Hill • The legislature of a state may, by law, make
Council constituted under any law for the cime provision with respect to:
being in force for the hill areas of the district of o The composition of the metropolitan
Darjeeling in West Bengal. planning committees
• Notwithstanding anything in this Constitution, the o The manner in which the seats in such
parliament may, by law, extend the provisions of committees shall be filled provided that
this part of the scheduled arcus and the tribal areas not less than two-thirds of the members of
referred to in clause (1) subject to such exceptions such Committed shall elected by, and from
and modifications as may be specified in such law, amongst the cleared members of the
and no such law shall be deemed to be an municipalities and chairpersons of the
amendment of the constitution for the purposes of panchayats in the metropolitan are in
Article 368. proportion to the ratio between the
population of the municipalities and that
ARTICLE 243ZD: COMMITTEE FOR DISTRICT PLANNING of the panchayats in that area.
• There shall be constituted, in every stare at the o The representation in such committees of
district level a district planning committed to the Government of India and the state
consolidate the plans prepared by the panchayats government and of such organisations and
and the municipalities in the district and to prepare institutions as may be deemed necessary
a draft development plan for the district on a for Carrying out the functions assigned to
whole. such committees.
• The legislature of a state may, by law, make • The chairperson of every metropolitan planning
provision with respect to committee shall forward the development plan, as
o The composition of the district planning recommended by such committee, to the
committees government of the stare.

M.S.Shashank
ARTICLE 243ZF: CONTINUANCE OF EXISTING LAWS Panchayats
AND MUNICIPALITIES
• It is laid down in Article 40 of the Constitution,
• Provided that all the municipalities existing which also consists of one of the directive
immediately before commencement of the principles of state policy, that the state shall take
Constitution (Seventy-fourth Amendment) Act, steps to organise village panchayats and to grant
1992 shall continue till the expiry of their duration, them with such powers and, authority as may be
unless sooner dissolved by a resolution passed to necessary to enable them to function as the units
that effect by the legislative assembly of that state of self-government'.
or, in the case of a state having i legislative council, • New part IX relating to the panchayats has been
by each house of the legislature of that state. inserted in the Constitution to provide for among
other things.
ARTICLE 243ZG: BUT TO INTERFERENCE BY COURTS IN
• Gram Sabha in a village or group of villages:
ELECTORAL MATTERS Notwithstanding anything in
constitution of panchayats at village and other
this Constitution
level or levels.
• The validity of any law relating to the delimitation • Direct elections to all seats in panchayats at the
of constituencies or the allotment of seats to such village and intermediate level, if any, and to the
constituencies, made or purporting to be made offices of chairpersons of panchayats at such
under the Article 243ZA shall not be galled in levels.
question in any court. • Reservation of seats for the scheduled castes and
• No election to any municipality shall be called in scheduled tribes in proportion to their population
question except by an election petition presented for membership of the panchayats and office of
to such an authority and in such manner as chairperson in panchayats at each level.
provided under any law made by the state • Reservation of not less than one-third of the seats
legislature for women.
• Fixing tenure of five years for panchayats and
holding elections within a period of six months in
the event of super session of any panchayat.
73rd Amendment Act, 1992
Table 3.11 Article 243. Definitions
Term Definition
District Means a district in the state
Gram Sabha A Gram Sabha refers to a body which consists of people who are
registered in the electoral rolls pertaining to a village, which comes
under the area of the panchayat at the village level
Intermediate Level Means a level between the village and district specified by the
governor of a state by public notification to be the intermediate level
for the purposes of this part
Panchayat Means an institution (by whatever name called) of self-government
constituted under Article 243B, for rural areas
Panchayat Area Means the territorial area of a panchayat
Population Means the population as ascertained at the last preceding census of
which the relevant figures have been published
Village This refers to a village which is specified by the governor of the state
through public notification to be a village for the purposes of this part
and a group of villages so specified also come under it.

M.S.Shashank
ARTICLE 243A: GRAM SABHA o Of the chairpersons of the panchayats
at the intermediate level, in the
A Gram Sabha may exercise such powers and
panchayats at the district level:
perform such functions at the village level as the
o Of the members of the House of the
legislature of a state.
People and members of the state
ARTICLE 243B: CONSTITUTION OF PANCHAYATS legislative assembly representing
constituencies which comprise wholly
• There shall be constituted in every state,
or partly a panchayat area at a level
panchayats at the village, intermediate and
other than the village level, in such
district levels in accordance with provisions of
panchayat
this part.
o Of the members of the council of states
• Notwithstanding anything in clause (1),
and the members of the legislative
panchayats at the intermediate level may not
council of the state, where they are
be constituted in a state having a population
registered as electors within:
not more than twenty lakh.
(i) A panchayat area at the intermediate level,
ARTICLE 243C: COMPOSITION OF PANCHAYATS in the panchayat at the intermediate level;
(ii) A panchayat area at the district level, in
• Subject to the provisions of this part, the
panchayat at the district level.
legislature of a state may, by law, make
• The chairperson of a panchayat and other
provisions with respect to the composition of
members of a panchayat whether or not
panchayats.
chosen by direct election from territorial
• Provided that the ratio between the
constituencies in the panchayat area shall vote
population of the territorial area of a
in the meetings of the panchayats,
panchayat at any level.
• The chairperson of a panchayat at the village
• The number of seats in such panchayat to be
level shall be elected in such manner as the
filled by collection shall be the same
legislature of a state may provide
throughout the state.
• A panchayat at the intermediate level or
• All the seats in a panchayat shall be filled by
district level shall be elected by, and from
persons chosen by direct election from the
amongst, the elected members thereof.
territorial constituencies in the panchayat
area, and ARTICLE 243D: RESERVATION OF SEATS
• For this purpose, each panchayat are shall be
• Seats will be reserved for:
divided into territorial constituencies in such a
manner that the ratio between the population (a) The scheduled castes; and
of each constituency and the number of seats
(b) The scheduled tribes, in every panchayat,
allotted to it shall be the same throughout the
panchayat area. • The number of scats of reserved shall bear the
• The legislature of a state may, by law, provide same proportion to the total number of seats
for the representation to be filled by direct election in that panchayat
o Of the chairpersons of the panchayats as the population of the scheduled Casts in
at the village level, in the panchayats at that panchayat area or of the scheduled tribes
the intermediate level or, in case of a in that panchayat area bears, to the total
state not having panchayats at population of that area and such seats may be
intermediate level, in the panchayats allotted by rotation to different constituencies
at the district level: in a panchayat.
• Not less than one-third of the total number of
seats reserved under clause (1) shall be
M.S.Shashank
reserved for women belonging to the continue for five years from the date of
scheduled castes or the scheduled tribes. appointment of its first meeting and no longer.
• Not less than one-third (including the number 2. No amendment of any law for the time being
of seats reserved for women belonging to the in force shall have the effect of causing
scheduled castes and the scheduled tribes) of dissolution of a panchayat at any level, which
the total number of seats to be filled by direct is functioning immediately before such
election in every panchayat shall be reserved amendment till the expiry of its duration
for women. specified in clause (1).
• Such seats may be allotted by rotation to 3. An election to constitute a panchayat shall be
different constituencies in a panchayat. completed:
• The offices of the chairpersons in the (a) Before expiry of its duration specified in
panchayats at the village or any other level clause (1):
shall be reserved for the scheduled castes, the (b) Before expiry of a period of six months
scheduled tribes and women in a manner as from the date of its dissolution provided
the legislature of a state may, by law, provide, that where the remainder of the period for
provided that the number of offices of which the dissolved panchayat would have
chairpersons reserved for the scheduled sates continued is less than six months, it shall
and the scheduled tribes in the panchayats at not be necessary to hold any election
each level in my state shall bear, the same under the clause for constituting the
proportion to the total number of suit offices panchayat for such a period.
in the panchayats attach level : the population 4. A panchayat constituted upon the dissolution
of the scheduled castes in the state or of the of a panchayat before the shall continue only
scheduled tribes in the state bears to the total for the remainder of the period for which the
population of the state, provided further that dissolved panchayat would have continued
not less than one-third of the total number of under clause (1) had it not been so dissolved.
offices of chairpersons in the panchayats at (CSPE-2016)
each level are reserved for women, provided
ARTICLE 243F: DISQUALIFICATIONS FOR
also that the number of offices reserved under
MEMBERSHIP
this clause shall be allotted by rotation to
different panchayats at each level. (1) A person shall be disqualified for being
• The reservation of seats under clauses (1) and chosen as a member of a panchayat: -
(2) and the reservations of offices of (a) If he or she is so disqualified by or under
chairpersons (other than the reservation for any law for the time being in force for the
women) under clause (4) shall cease to have purposes of election to the legislature of
effect on the expiry of the period specified in the state concerned, provided that no
Article 334. person shall be disqualified on the ground
• Nothing in this part shall prevent the that he or she is less than 25 years of age,
legislature of a stare from making any if he or she has attained the age of 21
provision for reservation of seats in any years,
panchayat or offices of chairpersons in the (b) If he or she is so disqualified by or under
panchayats at any level in favour of the any law made by the state legislature.
backward class of citizens. (2) If any question arises as to whether a
member of the panchayat has become
ARTICLE 243E: DURATION OF PANCHAYATS, ETC.
subject to any of the disqualifications
1. Every panchayat, unless sooner dissolved mentioned in clause (I). The question shall
under any law for the time being in force, shall be referred for the decision of such

M.S.Shashank
authority and in such manner as the ARTICLE 2431: CONSTITUTION OF FINANCE
legislature of a state may, by law, provide COMMISSION TO REVIEW FINANCIAL POSITION
ART. 243G: POWERS, AUTHORITY AND (1) The governor of a state shall, as soon as
RESPONSIBILITIES OF PANCHAYATS may be within one year from the
commencement of the Constitution
This is subject to the provisions of the
(Seventy-third Amendment) Act, 1992.
Constitution, the legislature of a state may, endow
(2) And thereafter at the expiry of every
the panchayats with such powers and authority is
fifth year, constitute a finance
may be necessary to enable them to function as
commission to review the financial
institutions of self-government and such law may
position of the panchayats and make
contain provisions for the devolution of powers
recommendations to the governor is
and responsibilities upon panchayats at
to:
appropriate levels, subjected to such conditions
(i) The principles which should govern:
may be specified therein, with respect to:
i. The distribution between the state and
(a) The preparation of plans for the the panchayats of the net proceeds of
economic development and social the taxes, duties, tolls and fess leviable
justice. by the state, which may be divided
(b) The implementation of the between them under this part and the
schemes for economic allocation between the panchayats at
development and social justice as all levels of their respective shares of
may be entrusted to them including such proceeds:
those in relation to the matters ii. The determination of the taxes, duties,
listed in the eleventh schedule. tolls and fees which may be assigned
to, or appropriated by, the panchayat;
ARTICLE 243H: POWERS TO IMPOSE TAXES BY,
and
AND FUNDS OF THE PANCHAYATS
iii. The grants-in-aid to the panchayats
The legislature of a state may, by law: from the Consolidated Fund of the
State
(a) Anchorite a panchayat to levy, collect
(ii) The measures needed to improve the
and appropriate such taxes, duties,
financial position of the panchayats.
tolls and fees according to such
Any other matter referred to the
procedure and subject to such limits.
finance commission by the governor in
(b) Assign to a panchayat such taxes,
the intersects of sound finance of the
duties, rolls and fees levied and
panchayats.
collected by the state Government for
(3) "The legislature of a state may. by law,
such purposes and subject to such
provide for the composition of the
conditions and limits.
commission, the qualifications which
(c) Provide for making such grants-in-aid
shall be requisite for appointment as
to panchayats from the Consolidated
members thereof and the manner in
Fund of the State.
which they shall be selected
(d) Provide for constitution of such funds
(4) The commission shall determine their
for crediting all money received,
procedure and shall have such powers
respectively, by or on behalf of the
in the performance of their functions
panchayats and also for the withdrawal
as the legislature of the state my by
of such money.
law, confer on them.

M.S.Shashank
(5) The governor shall cause every ARTICLE 243L: APPLICATION FOR UNION
recommendation made by the TERRITORIES
commission under this article together
• The provisions of this part shall apply to the
with an explanatory memorandum as
union territories and shall. In their application
to the action taken thereon to be laid
to a union territory, have effect as if the
before the legislature of the state.
references to the governor of a state were
ARTICLE 243): AUDIT OF ACCOUNTS OF references to the administrator of the union
PANCHAYATS territory appointed under Article 259.
• References to the legislature or the legislative
The legislature of a state may, by law, makes
Assembly of a state were references in
provisions with respect to the maintenance of
relations to a union territory having a
accounts by the panchayats and the auditing of
legislative assembly, to that legislative
such accounts.
assembly:
ARTICLE 243K: ELECTIONS TO THE PANCHAYATS • Provided that the president may, by public
notification direct that the provisions of this
(i) The superintendence, direction and
part shall apply to any iinion territory or part
control of the preparation of electoral rolls
thereof subject to such exceptions and
for, and the conduct of all elections to the
modifications as he or she may specify in the
panchayats shall be vested in a state
notification.
election commission consisting of a state
election commissioner to be appointed by ARTICLE 243M: PART NOT TO APPLY TO CERTAIN
the governor AREAS
(ii) Subject to the provisions of any law made
1. Nothing in this part shall apply to the
by the legislature of a state, the conditions
scheduled areas referred to in clause (1),
of service and tenure of office of the state
and the tribal Areas referred to in clause
election commissioner shall be such as the
(2). of Article 144.
governor way by rule determine provided
2. (2) Nothing in this part shall apply to:
that the state election commissioner shall
(a) "The states of Nagaland, Meghalaya and
not be removed from his office except in
Mizoram; and
like manner and on the like grounds as
(b) The hill areas in the state of Manipur for
judge of a high court and the conditions of
which district councils exist under any law
service of the state election commissioner
for the time being in force.
shall not be varied to his disadvantage
after his appointment. 3. Nothing in this part:
(iii) The governor of a state shall, when so
(a) Relating to Panchayats at the district level
requested by the state election
shall apply to the hill areas of the district of
commission, make available to the state
Darjeeling in the state of West Bengal for
election commission such staff as may be
which Darjeeling Gorkha Hill Council exists
necessary for the discharge of the
under any law for the time being in force;
functions conferred on the state election
(b) Shall be construed to affect the functions
commission by clause (1).
and powers of the Darjeeling Gorkha Hill
(iv) Subject to the provisions of this
Council constituted under such law.
constitution, the legislature of a state may,
by law, make provisions with respect to all 4. Notwithstanding anything in this Constitution –
matters relating to, or in connection with
(a) The legislature of a state referred to in sub-
elections to the panchayats.
clause (a) of clause (2) may, by law, extend
M.S.Shashank
this part to that state, except the areas, if Sansad Adarsh Gram Yojana
any, referred to in clause (1), if the
Overview: The government has launched
legislative assembly of that state passes a
ambitious village development scheme, called
resolution to that effect by a majority of
Sansad Adarsh Gram Yojana on 11 October 2014,
the total membership of that house and by
the birth anniversary of social activist Jaiprakash
a majority of nor less than two-thirds of the
Narayan. Under the scheme, each Member of
members of that house present and voting.
Parliament will take the responsibility of
(b) Parliament may, by law, extend the
developing physical and institutional
provisions of this part to the scheduled
infrastructure in three villages and turn them into
areas and the tribal areas referred to in
model villages by 2019.
clause (1) subject to such exceptions and
modifications as may be specified in such Sansad Adarsh Gram Yojana is a rural
law and no such law shall be deemed to be development and cleanliness programme broadly
an amendment of this Constitution for the focusing upon the development in the villages
purposes of Article 368. which includes social development, cultural
development and spread motivation among the
ARTICLE 243N: CONTINUANCE OF EXISTING LAWS
people on social mobilisation of the village
AND PANCHAYATS
community.
• Notwithstanding anything in this part, any
Sansad Adarsh Gram Yojana was initiated to bring
provision of any law relating to panchayats in
the member of parliament of all the political
force in a state immediately before the
parties under the same umbrella while taking the
commencement of the Constitution (Seventy-
responsibility of developing physical and
third Amendment) Act, 1992.
institutional infrastructure in villages and turn
• This Act is inconsistent with the provisions of
them into model villages,
this part, shall continue to be in force until
amended or repeated by a competent Salient Features
legislature or other competent authority or
• Under this scheme villages will be offered
until the expiration of one year from such
smart schools, universal access to basic health
commencement, whichever is earlier.
facilities and Pucca housing to homeless
ARTICLE 2430: BAR TO INTERFERENCE BY COURTS villagers.
IN ELECTORAL MATTERS • A Gram Panchayat would be the basic unit. It
will have a population of 3,000-5,000 in plain
Notwithstanding anything in this Constitution:
areas and 1,000-3,000 in hilly, tribal and
(a) The validity of any law relating to the difficult areas.
delimitation of constituencies or the allotment • The MP would be free to identify a suitable
of seats to such constituencies, made or Gram Panchayat for being developed 2 Adarsh
purporting to be made under Article 243K, Gram, other than his/her spouse.
shall not be called in question in any court. • There are 2,65,000 Gram Panchayats in India.
(b) No election to any panchayat shall be called in Primarily, the goal was to develop three
question except by an election petition Adarsh Grams by March 2019, if which one
presented to such authority and in such would be achieved by 2016.
manner as is provided for by or under any law • Thereafter, five such Adarsh Grams (one per
made by the legislature of a state. year) will be selected and developed by 2024.

M.S.Shashank
CENTRE-STATE RELATIONS Centre-State Financial Relations
Distribution of Legislative Subjects Taxes Levied by the Centre but Collected and
Appropriated by the States (Article 268)
Union List
• Stamp duties on bills of exchange. cheques,
• The Parliament has exclusive powers to make
promissory notes, policies of insurance,
laws with respect to any of the matters
transfer of shares and others,
enumerated in the Union List.
• Excise duties on medicinal and toilet
• This list has at present 100 subjects (originally
preparations containing alcohol and narcotics.
97 subjects) like defence, banking, foreign
• Service Tax Levied by the Centre and Collected
affairs, currency, atomic energy, insurance,
and Appropriated by the Centre and the States
communication, inter-state trade and
(Article 268A)
commerce and so on. Service Tax is the latest
• This category includes taxes levied on the
addition (2003).
services.
State List • These are levied by the Centre and principles
of their collection and appropriation are
• Scare legislature has 'in normal circumstances
formulated by the Parliament
exclusive powers to make laws with respect to
any of the matters enumerated in the State Taxes Levied and Collected by the Centre but
List. Assigned to the States (Article 269)
• Taxes on the sale or purchase of goods (other
66 subjects) like public order and police, public
than newspapers) in the course of inter-state
health and sanitation, agriculture, prisons,
trade or commerce.
local government, fisheries
• Taxes on the consignment of goods in the
Concurrent List course of inter-stare trade or commerce.
• Both the Parliament and state legislature can Taxes Levied and Collected by the Centre but
make laws with respect to any of the matters Distributed between the Centre and the States
enumerated in the Concurrent List. (Article 270)
• However, in case of a conflict between the
• Duties and taxes referred to in Articles 268,
Central law and the law on a subject
268-A and 269.
enumerated in this list, the Central law prevails
• Surcharge on taxes and duties referred to in
over the state law.
Article 271 and any cess levied for specific
purposes.
47 subjects) like criminal law and procedure,
civil procedure, marriage and divorce, forests, Surcharge on Taxes and Duties for Purposes of
education, economic and social planning, the Centre (Article 271)
drugs, newspapers, books and printing press
• The Parliament can, at any time, levy the
and others.
surcharges on taxes and duties referred to in
• The 42nd amendment Act of 1976 transferred
Articles 269 and 270.
five subjects to concurrent list from State list,
• The proceeds of such surcharges go to the
i.e. (a) education, (b) forests, (c) weights and
Centre exclusively. In other words, the states
measures, (d) protection of wild animals and
have no share in these surcharges.
birds and (e) administration of justice,
constitution and organisation of all courts
except the Supreme Court and the High Court.

M.S.Shashank
Taxes Levied and Collected and Retained by Article 324 of the Constitution has made the following
States provisions with regard to the composition of Election
Commission:
• Capitation taxes, duties on succession to
agricultural land, estate duty on agricultural • The Chief Election Commissioner and such number
of other election commissioners as specified by the
land, land revenue, taxes on agricultural
President from time to time, are part of the
income, taxes on land and buildings, taxes on
Election Commission.
mineral rights, taxes on the consumption or • The appointment of the Chief Election
sale of electricity, taxes on vehicles, taxes on Commissioner and other election commissioners
the sale and purchase of goods (other than shall be made by the President.
newspapers), for example, sales tax, tolls, • When any other election commissioner is so
taxes on professions, trades, callings and appointed, the Chief Election Commissioner can
employment. appoint as many regional commissioners as he may
deem required to id the Election Commission,
ELECTION COMMISSION OF INDIA • The condition of service and tenure of office of the
election commissioners and the regional
commissioners shall be determined by the
• The Election Commission of India is an President.
autonomous, quasi-judiciary constitutional body of
Independence of the Commission
India
• Its mission is to conduct free and fair elections in • Under Article 324, the Constitution has made the
India, following provisions to safeguard and ensure the
• It was established on 25 January 1950 under Article independent and impartial functioning of the
324 of the Constitution of India commission:
• The Election Commission is one of the four pillars (a) The Chief Election Commissioner is provided
of the Indian Constitution, the other three being with the security of tenure. He or she cannot
the Supreme Court of India, the Union Public be removed from the office expect in same
Service Commission and the Comptroller and manner and on the same grounds as a judge of
Auditor-General of India. the Supreme Court of India.
• The commission presently consists of a Chief (b) The service conditions of the Chief Election
Election Commissioner and two election Commissioner cannot be varied to his
commissioners. disadvantage after his appointment.
• Until October 1989. There was just one Chief
Any other election commissioner or a regional
Election Commissioner. In 1989, two election
commissioner cannot be removed from the office
commissioners were appointed, but were removed
except on the recommendation of the Chief Election
again in January 1990. In 1991, however, the
Commissioner:
Parliament of India passed a law providing for the
appointment of two election commissioners. This
law was amended and renamed in 1993 as the
Chief Election Commissioner and other Election
Commissioners (Conditions of Service)
Amendment Act 1993.
• The current Chief Election Commissioner is Dr.
Nasim Ahmad Zaidi.
• The current Election Commissioners are: Achal
Kumar Joti and S.Y. Quraishi.
Composition

M.S.Shashank
Chief Election Commissioners of India
Sukumar Sen 21 March 1950 to 19 December 1958

KVK Sundaram 20 December 1958 to 30 September 1967
S.P. Sen Verma 1 October 1967 to 30 September 1972
Dr. Nagendra Singh 1 October 1972 to 6 February 1973
T. Swaminathan 7 February 1973 to 17 June 1977
S.L. Shakdhar 18 June 1977 to 17 June 1982
R.K. Trivedi 18 June 1982 to 31 December 1985
R.V.S. Peri Sastri Smt. 1 January 1986 to 25 November 1990
V.S. Ramdevi 26 November 1990 to 11 December 1990
T.N. Sheshan 12 December 1990 to 11 December 1996
MS Gill 12 December 1996 to 13 June 2001
J.M. Lyngdoh 14 June 2001 to 7 February 2004
T.S. Krishna Murthy 8 February 2004 to 15 May 2005
B.B. Tandon 16 May 2005 to 28 June 2006
N. Gopalaswami 29 June 2006 to 20 April 2009
Navin Chawla S. 21 April 2009 to 29 July 2010
Y. Quraishi 30 July 2010 to 10 June 2012
V.S. Sampath 10 June 2012 to 15 January 2015
H.S. Brahma 15 January 2015 to 18 April 2015
Nasim Zaidi 19 April 2015 to 12 July 2017
Achal Kumar Jyoti 6 July 2017 to 22 January 2018
Om Prakash Rawat 23 January 2018 to 01 December 2018
Sunll Arora 2 December 2018 to Present
• The Election Commission has been on many

occasions, called upon by the courts to overseas
Powers and Duties
and executes elections to various governing bodies
• The Election Commission is insulated from any kind of other autonomous organisations, such as
of executive interference and enjoys complete syndicates of universities and statutory
autonomy. professional bodies. Apart from conducting
• The body also functions as a quasi-judiciary body in elections to representative's bodies.
matters of electoral disputes and other matters • The following are the principal functions of the
involving the conduct of elections (CSPE, 2017). Election Commission of India:
• Its recommendations and opinions are binding on
1. Department of India
the President of India. However, the decisions of 2. Preparation of electoral rolls
the Election commission are liable for independent 3. Recognition of political parties and allotment of
judicial reviews by courts acting over electoral symbols
petitions. 4. Scrutiny of nomination papers
• The Election Commission is responsible of planning 5. Controls of polls
and executing complex operations that go into the 6. Scrutiny of election expenses of candidates
conduct of elections. Amendments
• During the elections, the entire central (federal)
• On 22 March 2003, the Election Laws
and state government machinery including
(Amendment) Act, 2003 and Conduct of Elections
paramilitary forces and the police is on deputation
(Amendment) Rules, 2003 were enacted by the
to the Election Commission which takes effective
Parliament, which were to be in effect from
control of personnel, movable and immovable
September 2003.
government properties it finds necessary for the
successful completion of the electoral process.
M.S.Shashank
• By these amendments in the Act and Rules, the Compulsory Voting
facility to opt to vote through proxy was provided
• Gujarat introduced compulsory voting
to the service voters who belonged to the armed
• The Gujarat Local Authorities Laws (Amendment)
forces and members who were part of a force to
Act, 2009 was cleared and published in the official
which the Army Act applied.
gazette of the Gujarat in the year 2009 and 2011,
• Such service voters who opt to vote through proxy
when the current Prime Minister, Mr. Narendra
have to appoint a proxy in a prescribed format and
Modi was the Chief Minister of that state. The law
intimate the returning officer of the concerned
makes it compulsory for voters in Gujarat to vote
constituency.
in elections to local self-movement bodies.
• The Election and Other Related Laws (Amendment)
Act, 2003 (46 of 2003) was enacted in 11
September 2003. UNION PUBLIC SERVICE COMMISSION
• The new section 29B and 29C were added to the (UPSC)
Principal Act, through this amendment, and it
• The authority to conduct examinations for
provided for contribution by any person or
appointment to the various civil services of the
company, which was not a government company,
union is given to the Union Public Service
to political parties. The contribution was subject to
Commission (UPSC) which is a Constitutional body
the condition that if there is any contribution
in India.
exceeding Rs. 20,000, then it has to be reported to
• The Indian Constitution (part XIV–Services under
the Election Commission to provide for any claim
the Union and the Stares Article number 315 to
for tax relief under the Income Tax Act, 1961.
323) provides for a public service commission of
• Section 77(1), which deals with the maintenance of
the union and a public service commission for each
election expenses made by the candidates
state.
whereby the expenditure incurred by a particular
• In response to the demands of Indian politicians
number of 'leaders' of a political party in terms of
that the superior civil services be Indianite the first
air travel or travel by any other means of transport
public service commission was set up on 1 October
for putting forth the programme of the political
1926 by the then British Indian government. The
party alone shall be exempted from being included
British Indian government then set up a Federal
in the account of election expenses incurred by the
Public Service Commission and provided for the
candidate in connection with the election.
formation of provincial level public service
Delimitation (Amendment) Act, 2003 commissions under the Government of India Act,
The Delimitation (Amendment) Act, 2003 was enacted 1935
by the Parliament on 1 January 2004, according to • Members
which, Section 4 of the Principal Act was amended in • The chairman and other members of the UPSC are
order to make provisions for the delimitation to be held appointed by the President of India and at least
on the basis of the 2001 census figures. half of the members of the commission are civil
servants (working or retired) with minimum ten
Representation of the People (Amendment) years of experience in central or state service:
Act, 2003 • Every member holds office for a term of six years
The Representation of the People (Amendment) Act, or until he or she attains the age of sixty-five years,
2003 was enacted by the Parliament on 28 August whichever is earlier.
2003, in accordance to which the open ballot system • Resignations can be submitted by the members at
was introduced at the council of states' election. An any given time to the President of India. The
elector who belongs to a political party, through this members can also be removed from office by the
system, is required to show the ballot paper after President on the due to misbehaviour or in the case
voting to an agent of that political party who is of the member being adjudged insolvent. They can
authorised to deal with these matters. The also be removed from office if they engage in any
requirement of a candidate who was contesting for the paid job which is outside the bounds of their office
council of states' elections from a particular slate to be while they are still serving their term of office. If
an elector in that particular state was also changed. the President deems the member unfit to continue

M.S.Shashank
in office by reason of infirmity of mind or body, the • The chairman and other members of the CAT and
member can thus be removed. SAT are appointed by the President of India after
• Under Article 315 the Constitution of India consulting the Chief Justice of India.
provides for the UPSC and also provides for a State • The chairman must be a judge of the high court or
Public Service Commission for each state and a one who served for at least two years as the high
Joint Public Service Commission for two or more court judge or the vice-chairman of the tribunal.
states. • The tribunals are set up to relive the court of
• The State Public Service Commission is created like overload and expedite the process of justice both
UPSC, directly by the Constitution; a Joint Public in the central and in state level.
Service Commission can be created by an Act of
Parliament in response to the request of the COMMISSIONS AND COMMITTEES
legislature.
• In 1978, the government through a resolution)
decided to set up a multi-member commission
Administrative Tribunals (non-statutory) for SCs and STs with Sh. Bhola
• The 42nd Constitutional Amendment Act in 1976 Paswan Shastri as chairman and having four
introduced Article 323A. According to this Act, the members with three year tenure).
Central and State Administrative Tribunals were • In 1987, the government through another
set up. resolution) modified the functions of the
• These central and state tribunals are set up to commission (making it as a national level advisory
adjudicate cases related to the recruitment, body) to advise the government on broad policy
promotion, transfer and the condition of service of issues and levels of development of SCs and STs.
persons appointed to the public services of the • The statutory national commission for SCs and STs
union and the state governments. came into effect on 12 March 1992 (after the
• The Parliament enacted the Central Administrative Constitution (65th Amendment) Act 1990).
Tribunal (CAT) with branches in specified cities. • After the implementation of the provision of the
Several cities also have the State Administrative Constitution (89th) Amendment Act, 2003, as per
Tribunals. notification dated 19 February 2004, the Erstwhile
• The chairman and the vice-chairman of the tribunal National Commission for SC & ST was replaced by
have the same status as that of the high court two commissions viz: National Commission for
judge. The age of retirement of the chairman and Scheduled Castes (NCSC) and National Commission
the vice-chairmen is sixty-five years and for the for Scheduled Tribes (NCST).
other members the age of retirement is sixty-two
years. National Commission for Scheduled Castes
• The service matters related to the employees of Under Article 338 It shall be the duty of the
the Public Sector Undertaking (PSU) are brought commission:
under the Central Administrative Tribunal or State a) To investigate and monitor all matters relating to
Administrative Tribunals by a notification the safeguards provided for the scheduled castes
• There are certain categories of the employees who under this Constitution or under any other law for
are not included in the purview of the the time being in force or under any other of the
Administrative Tribunals (ATs). They are government and for evaluation of the working of
mentioned below such safeguards.
• The employees of the Supreme Court and the b) To hold an inquiry into specific complaints with
high courts of the states do not come under respect to the deprivation of rights and safeguards
the purview of the Administrative Tribunals, of the scheduled castes.
• Armed forces personnel and c) To participate and advise on the planning process
• The employees of the secretariat of the Lok of socio-economic development of the scheduled
Sabha and the Rajya Sabha are also exempted. castes and to do a proper evaluation of the
According to the 42nd Amendment Act, only progress of their development under the
the Supreme Court can entertain cases relating functions of the union and any state.
to the service matters.

M.S.Shashank
d) To present to the President the annual or • Article 309: Recruitment and conditions of service
periodical reports upon the working of those of persons serving the union or a slate
safeguards. • Article 310: Tenure of office of persons serving the
e) To make in such reports recommendations as to union or a state.
the measures that should be taken by the union or • Article 311: Dismissal, removal or reduction in rank
any of the state for the effective implementation of persons employed in civil capacities under the
of those safeguards measures for the protection, union of a state.
welfare and socio-economic development of the • Article 312: All India services.
scheduled castes. • Article 312A: Power of Parliament to vary or revoke
f) To discharge such other functions in relation to conditions of service of officers of certain services.
the protection, welfare and development, and Article 315: Public Service Commissions for the
advancement of the scheduled castes as the Union and for the states.
President may, subject to the provisions of any law • Article 316: Appointment and term of office of
made by parliament, by rule specify. members.
• Article 317: Removal and suspension of a member
National Human Rights Commission of a public service commission
The National Human Rights Commission (NHRC) of • Article 318: Power to make regulations as to
India is an autonomous statutory body established on conditions of service of members and staff of the
12 October 1993, under the provisions of the commission
protection of Human Rights Aa, 1993. The commission • Article 319: Prohibition as to the holding of office
is in conformity with the Paris principles a broad set of by members of commission on ceasing to be such
principles agreed upon by a number of nations for the members
promotion and protection of human rights, in Paris in • Article 320: Functions of public service
October 1991. The first chairman of NHRC was Justice commission’s
Rangnath Mishra. The headquarters of NHRC is located • Article 321: Power to extend functions of Public
in New Delhi. Service Commission,
Composition • Article 322: Expenses of Public Service
Commissions.
• A chairperson who has been a Chief Justice of the • Article 323: Reports of Public Service
Supreme Court of India. Commissions.
• One member who is, or has been, a judge of the
Supreme Court of India. Functions
• One member who is, or has been, the chief justice • Actively inquire into the violations of human rights
of a high court. or negligence in the prevention of such violation by
• Two members to be appointed from among a public servant.
persons having knowledge of, or practical • Intervene in any proceeding involving any
experience in, matters relating to human rights. allegation of violation of human rights pending
The appointment of the chairperson and members of before a court.
the NHRC is done by the President of India, on the • Jails or other institutions which come under the
recommendation of a committee comprising! aegis of the state government, where people are
either detained or lodged for the purpose of
• The Prime Minister: Chairperson treatment. punishment, or protection, can be
• The speaker of the house of the people: member visited with the aim of studying the living
• The minister-in-charge of the Ministry of Home conditions of the inmates, and thenceforth post
Affairs in the Government of India: member recommendations.
• The leader of the opposition in the House of the • The safeguards, which are provided by the
People: member Constitution, or any law, which is in effect for the
• The leader of the opposition in the Council of time being, for the purpose of protection of human
States: member rights, can be reviewed, and recommendations and
suggestions for their effective implementation can
Constitutional Provisions
be put forth.
M.S.Shashank
• Review the factors, including acts of terrorism that service or holds a civil post under the union
hinder the enjoyment of human rights and with appropriate experience.
recommend appropriate remedial measures.
Functions of the Commission
• Undertake and promote research in the field of
human rights. • To investigate and examine all matters relating to
• Spread literacy among various sections of society the safeguard provided for women under the
and promote awareness of the safeguards Constitution and other laws.
available for the protection of these rights. • Present to the central government, annually and at
• Encourage the efforts of NGOs and institutions such other times as the commission may deem fit,
working in the field of human rights. reports upon the working of those safeguards.
• To make in reports and recommendations for the
National Commission for Women effective implementation of safeguards aiming at
Set up as statutory body in January 1992 under the improvement in the conditions of women by the
National Commission for Women Act, 1990 (Act union or any state.
number 20 of 1990 of Government of India) to: • To timely review, the existing provisions of the
• Review the Constitutional and legal safeguards for Constitution and other laws affecting women and
women: recommend amendments thereto so as to suggest
• Recommended remedial legislative measures; remedial legislative measures to meet any lacunae,
• Facilitate redressal of grievances; and inadequacies or shortcomings in such legislations.
• Advise the government on all policy matters • Look into complaints and take suo moto notice of
affecting women. matters relating to:
(a) The deprivation of women's rights.
A body called the National Commission for Women is (b) Non-compliance of policy decisions, guidelines or
to be set up by the Central Government, in order to instructions for mitigating hardships and ensuring
exercise the powers granted to it and to perform the welfare and providing relief to women, and take up
functions that are assigned to it under this Act. Lalitha the issues arising out of such matters with
Kumaramanglam is the current head of the appropriate authorities.
organisation. (c) Invite special studies or investigations into specific
Composition of Commission problems or situations arising out of discrimination
and atrocities against women and identify the
• A chairperson, committed to the cause of women, constraints so as to recommend strategies for their
to be nominated by the central government. removal.
• Five members to be nominated by the central (d) Undertake promotional and educational research
government from amongst persons of ability, in order to suggest ways of ensuring due
integrity and standing who have had experience in representation of women in all spheres and
law or legislation, trade unionism, management of identify factors responsible for impeding their
an industry potential of women, women's advancement, such as lack of access to housing and
voluntary organisations (including women activist), basic services, inadequate support services and
administration, economic development, health, technologies for reducing drudgery and
education or social welfare. occupational health hazards, and for increasing
• At least one member each shall be from amongst their productivity
persons belonging to the scheduled castes and (e) Participate and advise on the issue of planning
scheduled tribes respectively. process of socio-economic development of
• A member-secretary is nominated by the central women.
government who shall be: (f) Evaluate the progress of the development of
o An expert in the field of management, women under the union and any state.
organisational structure of sociological (g) Inspector cause to be inspected a jail, demand
movement, or home, women's institution or other place of
o An officer who is a member of a civil custody whore women are kept as prisoners or
service of the union or of an all-India otherwise, and take up with the concerned
authorities for remedial action, if found necessary,
M.S.Shashank
• By special majority of the Parliament and
AMENDMENT OF THE CONSTITUTION
ratification by at least half of the state legislatures
• Part XX of the Constitution of India deals with the by special majority. After this, the amendment is
amendment of the Constitution. sent for the assent of the President
• The Article 368 specifies the power of Parliament • The Constitution (107th Amendment) Bill and Sixth
to amend the Constitution and the procedure of it. Schedule (Amendment) Bill, 2007
It is also mentioned in the Article that there will be • Constitution (107th Amendment) Bill, 2007 and the
no limitation on the constituent power of the sixth schedule to be the Constitution (Amendment)
Parliament for amending it by adding, removing or Bill, 2007 seek to amend the Constitution to
improving the provisions made in it. include Gorkha Hill Council, Darjeeling in the sixth
• The method of an amendment of the Constitution schedule.
is considered to be a highly complicated • This sixth schedule calls for the creation of
procedure. Amendment can be made by various autonomous district councils in certain tribal areas
methods that have been modelled on the South of the north-eastern states.
African Constitution. • The bill also seeks to form a district council for the
• Ever since the enactment of the Constitution of hill areas of Darjeeling in West Bengal which is
India on 26 November 1949, as of 2017. there has called as the Gorkha Hill Council, Darjeeling (GHC).
been total 101 amendments to the Constitution • All district councils have the power to make laws
(latest by the GST Act). on a range of subjects such as the allotment of
• Numbers of bills have been introduced before Lok land, use of water course and inheritance of
Sabha and Rajya Sabha for further improving the property.
Constitution. • The GHC has the power to make laws on forty-five
Amendment Procedure additional subjects such as agriculture, education
and transport.
• By simple majority of the Parliament: Amendments • The laws made by GHC cannot nullify the existing
in this category can be made by a simple majority rights and privileges of any Indian citizen, including
of members present and voting, before sending land rights, if such citizen is otherwise eligible to
them for the President's assent. acquire land within that area.
• By special majority of the Parliament:
Amendments can be made in this category by a
two-thirds majority of the members present and
voting, which should not be less than half of the
total membership of the house.
OFFICIAL LANGUAGES
Language Genetic Speakers Geographical Distribution

Affiliation (in million
as of 2011)
Assamese/ Indo-Aryan, 15.3 Assam
Axomiya Eastern
Bengali Indo-Aryan, 97.2 West Bengal,Assam,Jharkhand,
Eastern Tripura (list)
Bodo Tibeto-Burman 1.48 Assam
Dogri Indo-Aryan 2.6 Jammu and Kashmir

Northern
Gujarati Indo-Aryan, 55.5 Gujarat, Maharashtra, Tamil Nadu (list)
Western

M.S.Shashank
Hindi Indo-Aryan, 528 The 'Hindi belt', Northern India
various
Kannada Dravidian, 43.7 Karnataka, Maharashtra, Tamil Nadu, Goal
Southern (list)
Kashmiri Dardic 6.8 Jammu and Kashmir
Konkani Indo-Aryan, 2.25 Konkan (Goa, Karnataka, Maharashtra,
Southern Kerala)
Maithili Indo-Aryan, 13.6 Bihar
Eastern
Malayalam Dravidian, 34.8 Kerala,Lakshadweep,Mahé,Puducherry
Southern
Manipuri Tibeto-Burman 1.8 Manipur
(also Meite or
Meithei)
Marathi Indo-Aryan, 83 Maharashtra, Karnataka, Madhya Pradesh,
Southern Gujarat, Andhra Pradesh, Goa(list)
Nepali Indo-Aryan, 2.9 Sikkim, West Bengal, Assam
Northern
Oriya Indo- 37.5 Odisha
Aryan,Eastern
Punjabi Indo-Aryan 33.1 Punjab, Chandigarh, Delhi, Haryana
Sanskrit Indo-Aryan 0.02 Mattur
Santali Munda 7.3 Santal tribals of the Chota Nagpur Plateau
(Comprising the states of Bihar,
Chhattisgarh, Jharkhand, Odisha)
Sindhi Indo-Aryan, 2.7 Gujarat, Maharashtra, Rajasthan, Madhya
North-western Pradesh (list)
Tamil Dravidian, 69 Tamil Nadu, Karnataka, Puducherry, Andhra
Southern Pradesh, Kerala, Maharashtra (list)
Telugu Dravidian, 81.1 Andhra Pradesh, Karnataka, Tamil Nadu,
South-Central Maharashtra, Odisha (list)
Urdu Indo-Aryan, 50.7 Jammu and Kashmir, Andhra Pradesh, Delhi,
Central Bihar, Uttar Pradesh,
Uttarakhand (list)

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UPSC / IAS Prelims Cum Mains

Integrated Foundation Course

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Charter Act, 1793 Government of India Act, 1890

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Table 3.1 Sources of Indian Constitution

Table 3.2 Is Preamble a Part of the Constitution?

Ideals and Aspirations of Preamble 4. Democratic

2. Socialist Social Democracy

Political Justice • India, Lc. Bharar, shall be the Union of States.

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• Table 3.3 Directive Principles of State Policy

Socialistic/ Welfare Principles Gandhian Liberal Intellectual

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Table 3.4 Differences between Fundamental Rights and Directive Principles

Fundamental Rights Directive Principles

• Inserted into the Directive Principles of State Policy

Article 48 A: Protection and improvement of

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• Added by the 42nd Amendment Act in 1976. The RIGHT TO INFORMATION

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Plus 12 nominated by President = 245

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States Lok Sabha States Lok Sabha

1. Andaman and Nicobar 1

• It can be introduced either in the Lok Sabha or the

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Table 3.8 Jurisdiction and Seats of High Courts

Name Year Territorial Establishment Jurisdiction Seat

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Committee Total • The governor

• The governor of the state confirms that the state

Judicial Powers and Functions Powers and Functions

Difference between Pardoning Power of the

• The President can pardon a death sentence while

The Size of the Council of Ministers Gets Limited

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this purpose, each municipal area shall be divided

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73rd Amendment Act, 1992

Table 3.11 Article 243. Definitions

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Sukumar Sen 21 March 1950 to 19 December 1958

• The Election Commission has been on many

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Language Genetic Speakers Geographical Distribution

Dogri Indo-Aryan 2.6 Jammu and Kashmir

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