Previous Acts

Making of Constitution
Features of Indian Constitution

Constitution Preamble
Union and Territory
Citizenship
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
Union Government President and Vice-President
Parliament
Supreme Court

State Government
Panchayati Raj
Judiciary
Centre-State relations
Regulating Act
1773

Pitt's India Act

1784

Charter Act
1793

Charter Act
1813

Charter Act
1833

Charter Act
1853

Government of
India Act 1858

Indian Council
Act 1861

Indian Council
Act 1892

Indian Council
Act 1902
Government of
India Act 1919

Government of
India Act 1935
*The Act elevated Governor of Bengal Warren Hastings to Governor -General and subsumed the presidencies of Madras and B
*A Supreme Court was established at Fort William at Calcutta.

*An act of the Parliament of Great Britain intended to address the shortcomings of the Regulating Act by bringing the East Ind
the control of the British Government.
*This act provided for a body of six commissioners popularly known as the Board of Control.

*Extended the East India Company's trade for further 20 years.

* The Governor-General was granted extensive powers over the subordinate presidencies.
*Continued the company rule in India for next 20 years
*The Act expressly asserted the Crown's Sovereignty over British India
*The Act allocated Rs 1,00,000 to promote education in India
*Christian missionaries were allowed to come to India and preach their religion.
*directed for separate accounts for company's terrritorial and commercial revenues.
*Company's commercial monopoly was ended, except for the tea trade and trade with China

*The act gave another 20 years to East India Company to trade in India
*The liberal and utilitarian philosophy of Bentham was made popular by the provisions of this act.
*The EIC ceased to be a commercial agency in India. To be function as the political agent for the crown.
*Company's monopoly to tea trade and China trade was abolished
*It made Governor-General of Bengal as the Governor General of India (William Bentinck)
*Law commission under Lord Macaulay was constituted. Beginning of Central Legislative Council in India
*Indian Civil Services was founded

*Renewed the term of East India Company for an indefinite period

*The Court of Directors were disposed of their power of patronage and higher posts were thrown open to the competitive exa
*It laid foundation of Parliamentary System of Government, the Executive and Legislature were separated
*Legislative Assembly functioned on the model of British Parliament

*The act ended the system of double government, the institutions of Board of Directors and Court of Proprietors were abolish
*Governor-General of India designated as Viceroy of India (direct representative of the british crown in India)(Lord Canning fir
*Created a new office, Secretary of State for India. He was a member of British Cabinet and was responsible to the British Par
*A Council of India (15 members) as an advisory body was established to assist the Secretary of State.

*Reversed the centralising tendency started in 1773. It restored the Legislative Powers of the Bombay and Madras presidencie
*Provided for the establishment of new Legislative Councils for Bengal, NWFP and Punjab.
*Gave recognition to the Port folio system, introduced by Lord Canning in 1859.
*It associated the Indians with the law making process for the first time.

*Dealt exclusively with the powers, functions and compositions of the Legislative Councils
*It increased the number of additional (non-official) members in the Central and Provincial Legislative councils.
*This Act is also known as Morley-Minto reforms
*Membership of the legislative council at the centre increased from 16 to 60
*Satyendra Prasad Sinha became the first Indian to join the Viceroy's executive council.
*This act introduced a system of communal representation for Muslims by providing separate electorate to them. Muslim mem
muslim voters. Hence Lord Minto came to be known as the Father of Communal Electorate in India.
*This act is also known as Montague-Chelmsford reforms
*This act introduced a system of dyarchy in the provinces. It was considered to be substantial step towards transfer of power
*It introduced, for the first time, Bicameralism and direct elections in the country.
*Secretary of State to be henceforth paid salary out of the British revenue.
*It provided for a new office of the High Commissioner for India in London
*Made provisions for the establishment of a Public Service Commission which came into being in 1926.
*It provided for the appointment of a Statutory Commission to inquire into and report on its working after ten years of its com
Such a Commission was appointed into 1927, only in the chairmanship of Mr John Simon.

British Government came up with this act after series of efforts in the form of White Papers and Round Table conferences. It w
sections and 10 Schedules.
*This Act made the provision for the establishment of an All India Federation consisting of Provinces and Princely states as uni
*This Act divided the powers between the Centre and Units in terms of three lists (1) Federal List, (2) Provincial List and (3) Co
*This Act did away with the Council of Inida
*This Act provided for the establishment of a Reserve Bank of India
*This Act provided for the establishment of a Federal Court (set up in 1937).
 Making of the Constitu
The idea of a constituent assembly for India was given for
the first time by MN Roy in 1934.
Later in 1935, Congress also demanded to have a
Constituent Assembly to frame the Constitution.
August Offer 1940, Cripps Mission 1942, had the
provision of Constituent Assembly.
On the recommendation of Cabinet Mission Plan, a
Constituent Assembly was set up in November 1946.
OBJECTIVE RESOLUTION:
On 13 Dec 1946, Pt. Jawaharlal Nehru moved the
Objective Resolution, which laid down the fundamentals
and philosophy of the constitutional structure.
 Making of the Constitution
The Constituent Assembly met for the first time in New
Delhi on 09 Dec 1946 in the Constitution Hall with
Sachidanand Sinha as interim President.
On 11 Dec 1946, Dr Rajendra Prasad was elected as the
permanent president of the Constituent Assembly
The Constituent Assembly took 02 years, 11 months and 18
days to complete the drafting the Constitution..
11 sessions covering 165 days were held, out of which 114
days were spent on the considerstion of the Draft
Constitution.
The first draft of the Constitution was prepared in October
1947 and was published in January 1948.
ng of the Constitution
Members Representation:
As to its composition, members were chosen by
indirect election by the members of the Provincial
Legislative Assemblies, according to the scheme
recommended by the Cabinet Mission.
The arrangement was
(i) 292 members were elected through the Provincial
Legislative Assemblies
(ii) 93 members represented the Indian Princely States
and
(iii) 04 members represented the Chief
Commissioners' Provinces.
Drafting Committee:
On 29 August 1947, the Constituent Assembly set up a
Drafting Committee under the Chairmanship of Dr B R
Smbedkar for India. While deliberating upon the Draft
Constitution, the Assembly moved, discussed and
disposed of as many as 2473 Amendments out of total of
7365 tabled.
Chairman: Dr B R Ambedkar
Members: Alladi Krishnaswamy Ayyar
N Gopalaswami Ayyangar
Dr K M Munshi
Syed Mohammad Saadullah
N Madhav Rau (replaced B L Mitter)
T T Krishnamachari (replaced D P Khaitan)
The Constitution of India is the Supreme Law of India.
In original constitution (1949), there were 395 Articles, 08 Schedules and 22 Parts. Now it has about 450 Articles, 12 Schedules
Our Constitution not only contains Fundamental Principles of Governance but also detailed Administrative Provisions.
Our Constitution has adopted Parliamentary System of democracy.
Judicial Supermacy: Our Constitution provides for a single integrated judiciary with supreme court at its head.

The Indian Constitution provides a Dual Polity with the Union at the Centre
and the States at the periphery, each enjoying powers clearly demarcated
by the Constitution.
Indian federation have many federal features like Written Constitution,
Rigidity of the Constitution, Independence of Judiciary, Bicameralism etc.
Schedule VII provides the divisions into three lists namely, the Union List,
the State list and the Concurrent list.
The Supreme court is the Apex authority to interpret the Constitution of
India as well as decide on disputes arising out of Centre-State relations.

J
dules and 22 Parts. Now it has about 450 Articles, 12 Schedules and 24 Parts.
overnance but also detailed Administrative Provisions.
cy.
ated judiciary with supreme court at its head.

The Unitary features are Single Constitution, Uniform and Single

Citizenship, Power of Parliament to change the territorial extent of
States even without the consent of the State concerned.
Also if the President declares National Emergency for the whole
part of India under Article 352, the Parliament can make laws on
subjects, which are otherwise , exclusively under the State list.
The residuary powers are with the centre.
Judges of the High Courts are appointed by the President in
consultation with the Governor under Article 217 and the States do
not have any role in this.
4 Parts.

Looking at these features KC Wheare called Indian

Federation as Quasifederal
Morris Jones called it as Bargaining Federalism
Granville Austin called it Cooperative Federalism.
PREAMBLE

Components

Terms used

Values
Enshrined in
Preamble
Preamble is normally known as preface or introduction to the Constitution, which contains the spirit or
essence of the Constitution.
American Constitution was the first constitution in the world to begin with a Preamble.
The Preamble of Indian Constitution is based on the objective resolution (drafted and moved by Pt. Nehru).
As observed by the Supreme court, the Preamble is a key to unravel the minds of the makers of the
constitution.
Preamble also contains the enacting clause, which brings the Constitution into force.

The Preamble shows following four ingredients or components

1. Source of Authority of the Constitution: Constitution derives its authority from the People of India.
2. Date of adoption of the Constitution: It stipulates 26 November, 1949, as the date of adoption.
3. Nature of Indian State: It states India to be a Sovereign, Socialist, Secular, Democratic and Republic State.
4. Objectives of the Constitution: It specifies Justice, Liberty, Equality and Fraternity as the objectives.

Sovereign: Sovereignity is the characteristics of the Government. It emphasises that there is no authority inside or outside Ind
Socialist: Added to preamble by 42nd Amendment. Sociallism means ownership of productive forces by the Government so th
Secular: Added to preamble by 42nd Amendment. The term Secular means separation of religion from politics. Secular state m
Democratic: We follows Representative democracy, where people votes for representatives who then vote on policy issues.
Republic: No hereditaryruler in India and all the authorities of the state are directly or indirectly elected by the people.

The Preamble states that the objectives to be secured to every citizen are
Justice: Idea of justice has been taken from the Russian revolution. Indian constituiton aims for three kinds of justice i.e. Politi
Political: Guaranteed by universal adult suffrage.
Social: means absence of discrimination on grounds of caste, religion, colour, creed, sex or language. It is ensured by
Economic: Guaranteed primarily through the directive principles.
Liberty: The ideals of liberty has been taken from the French Revolution. It is bulwark of democracy. Our constitution guarante
Articles 25 to 28.
Equality: The preamble mentions to types of equality i.e. Equality of Status and Equality of Opportunity.
Fraternity: It means a sense of brotherhood prevailing amongst all the sections of the people. However fraternity is an evolvin
broaded meaning.
 It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words
socialist, secular and integrity.
Like the Directive principles of state policy, the preamble is also non-justiciable in nature and cannot be
enforced in a court of law.
It does not provide definite and real power to the three organs of the State (Legislature, Executive and
Judiciary), nor limit their powers under the provisions of the Constitution.

ndia.
.
ublic State.
tives.

uthority inside or outside India on which the country is any way dependent.
ces by the Government so that they benefit people equally.
from politics. Secular state means following ancient principle of Sarva Dharma Sambhava.
then vote on policy issues.
lected by the people.

ree kinds of justice i.e. Political, Social and Economic

or language. It is ensured by abolishing any title of honour (Article 18) and untouchability (Article 17).

cy. Our constitution guarantees six type of democratic frredom under Article 19 and right to freedom of religion under

tunity.
wever fraternity is an evolving process and by the 42nd Amendment the word integrity was added, thus giving it
Union and Its Territory
Article 1: Name and territory of the
Union.

Article 2: Admission or establishment

of new states.
Article 3: Formation of New States
and Alteration of Areas, Boundaries
or Names of existing states.

Article 4:

Reorganisation of States

Dhar Commission

JVP Committee

Fazal Ali Commission

Telangana

Gorkhaland Territorial Administration

Articles 1 to 4 under Par I of the Constitution specifies the provisions related to the union and its territory.
India being a sovereign state can acquire foreign territories according to the methods recognised by international law, i.e. cess
acquired a number of foreign territories such as Dadra and Nagar Haveli, Goa, Daman and Diu, Puducherry and Sikkim since th

Parliament may, by law admit into the Union or establish new states. Article 2 only relates to those States that are not part of

Three conditions in this regard under Article 3 are

Firstly : A bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of th
Secondly: before recommending the Bill, the President has to refer the same to the State Legislature concerned for expressing
Thirdly: the Parliament or the President is not bound by the views of the Legislature and may accept or reject the proposal, ev
This is why India is described by many as an indestructible Union of destructible States.

Laws made under Article 2 and 3 are not to be considered as constitutional ammendments under Article 368.

After Independence two types of political units, i.e. British Provinces and the Princely States. The Princely states have option e
Of the 552 Princely States, Hyderabad, Junagarh and Kashmir refused to join.

Government appointed the Linguistic Provinces Commission in June 1948 under the chairmanship of S K Dhar to study the fea
Commission rejected linguistic basis and recommended the reorganisation on the basis of administrative convenience.
The Dhar commission's report created much resentment and led to the appointment of another committee in December 1948
Sitaramayya. It also rejected language as the basis for reorganisation.
However in 1953 after the death of Mr Potti Sreeramulu (fasting for separate state for telugu speaking of Madras State) GoI cr
capital.
After forming of AP, government appoint a commission in 1953 under chairmanship Fazal Ali with HN Kunzru and KM Panikkar
factors taken into account:
1. Linguistic and cultural homogeneity
2. Preservation and strengthening of the unity and security of the country
3. Financial, economic and administrative considerations
4. Planning and promotion of the welfare of the people in each state as well as of the Nation

After State Reorganisation Act, 1956 14 States and 6 Union territories were created on 1st November 1956.

Sri Krishna Committee Report

Parliament may by law
(a) form a new state by
separation of territory from any
State or by uniting two or more
States or parts of States or by
uniting any territory to a part of
any state
(b) increase the area of any State
(c) diminsh the area of any State
(d) alter the boundaries of any
State
(e) alter the name of any State
Article 5

Article 6

Article 7

Article 8

Article 9
Article 10
Article 11
 CITIZENSHIP
Articles 5-11 deals with the matters of citizenship.
Citizen ship at the commencement of the constitution. A person with domicile in territory of India and born in Indian territory
immediately preseding the commencement of Constitution.
Rights of Citizenship of certain persons who migrated to India from Pakistan. A person who is or either of parents or grandpar
1. if migrated before 19 July 1948, he had been ordinarily resident in India since the date of migration or
2. if migrated after 19 July 1948, he had been registered as citizen of India

Rights of Citizenship of certain migrants to Pakistan. A person who migrated to Pakistan from India after 1 March, 1947 but lat
a resident of India for six months preceding his date of application for registration.
Rights of Citizenship of certain persons of Indian origin residing outside India. A person who, or any of whose parents or grand
shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular represntative of Ind
Persons voluntarily acquiring Citizenship of a Foreign state not to be citizens.
Continuance of the Rights of Citizenship.
Parliament to regulate the Right of Citizenship by law.

Getting Indian Citizenship

As per the Citizenship Act of 1955, there are five ways of acquiring Citizenship, viz, Birth, Descent, Rgistration, Naturalisation a
By Birth: Every person born in India on or after 26 Jan 1950 shall be a citizen of India provided either or both of his/her parent
By Descent: A person born outside India on or after 26 Jan 1950 is a citizen of India by descent if either of the parents is a citiz
By Registration: The prescribed authority may, on application, register as a citizen of India, any person who is not a citizen by
This mode of acquiring citizenship is available to any of the following categories
(i) PIO who are ordinarily resident in India for preceeding 7 years or ordinarily resident in the country or pla
(ii) Women who are, or have been married to citizens of India
(iii) Minor children of persons who are citizens of India.
By Naturalisation: Can be acquired by making an application in the prescribed manner. He must be a person of full age and ca
from becoming citizens by naturalisation. He has renounced the citizenship of other country. He has either resided in India or
adequate knowledge of a language recognised by the Constitution.
By Incorporation of Territories: If any new territory becomes a part of India, after a popular verdict, the GoI shall specify the p

Losing Citizenship
Renunciation: Covered in Section 8 of Citizenship Act, if an adult citizen makes in the prescribed manner a declaration renoun
Government.
Termination: If a citizen of India of full age and capacity voluntarily acquires the citizenship of another country, the Indian citiz
Deprivation: The Central Government under Section 10, can deprive any one of the Indian citizenship if it is satisfied that the r
means of fraud, false represnetation or concealment of any material fact or
Citizen of India has, during any war in which India may be engaged, unlawfully traded or communicated with an
Citizen of India has, within five years of registration has been sentenced to imprisonment for a term of not less
 FUNDAMENTAL
Despite the permeation of the entire Constitution by the aim of national renascence, the core of the commitment to the socia
Austin consider these two parts as the conscience of the Constitution.

The framers of the Indian Constitution followed the American model in adopting and incorporating the Fundamental Rights fo
Nature of Fundamental Rights
The Fundamental Rights are individual rights and are enforceable against the state and not against individuals except right aga
(Article 21) whereby in case of violation an individual who has violated these rights can be taken to the court of law.
The Fundamental Rights are regarded as limitations on the powers of state. They are also negative obligations upon the state
The Fundamental Rights have to be excercised subject to the limitations embodied in that very part itself. So to say, the rights

CLASSIFICATION OF FUNDAM
RIGHT TO EQUALITY
(Article 14-18)
Equality before law and Equal protections of Law
Article 14: The state shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.
The concept has been borrowed from UK's Constitution. It is based on the concept of Rule of Law.
Exceptions: Under Article 361(1), the President, or the Governor of a state, shall not be answerable to any
court for the excercise and performance of the powers and duties of his office.
Article 15: Prohibition of Discrimination
Article 16: Equality of Opportunity in Matters of Public Employment.
Article 17: Abolition of Untuochability. The Parliament enacted the Untouchability (Offences) Act, 1955.
This Act was amended by the Untouchability (Offences) Act, 1976. It has now been renamed as 'The
Protection of Civil Rights Act' 1955.
Article 18: Abolition of Titles. No title, not being a military or academic distinction, shall be conferred by
the State.

RIGHT AGAINST EXPLOITATION RIGHT TO FREEDOM OF RELIGION

(Article 23-24) (Article 25-28)
Article 23: Prohibition of Traffic in Human Beings and
Forced Labour
Article 24: Prohibition of Employment of Children in
Factories, etc.
Article 25: Freedom to Conscience and Free
Profession, Practice and Propagation of Religion
Artcile 26: Freedom to manage Religious affairs
Article 27: Freedom as to Payment of Taxes for
promotion of any Particular Religion.
Article 28: Freedom as to Attendance at Religious
Instruction or Religious worship in Certain
Educational Institutions

Article 33: Parliament may, by law, determine to Article 34: Restrictions on Fundamental Rights during
what extent any of the rights conferred by this Part the operation of Martial Law.
shall, in their application to
1. the members of the Armed forces.
2. members of forces charged with the maintenance
of public order
3. persons employed in intelligence bureau or
counter intelligence
4. persons employed in, or in connection with the
telecommunication systems set up for the purpose
of any force.
 FUNDAMENTAL RIGHTS
the commitment to the social revolution lies in Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy). Granville

ting the Fundamental Rights for the people of India.

nst individuals except right against untouchability (Article 17), right against exploitation (Articles 23 and 24) and right to personal liberty
to the court of law.
ve obligations upon the state becuse they are mostly negatively worded.
part itself. So to say, the rights are not absolute or unrestricted.

SIFICATION OF FUNDAMENTAL RIGHTS

RIGHT TO FREEDOM
(Article 19-22)
Article 19: (Protection of Six freedom rights) Guarantees all citizens shall have the right
(a) to freedom of speech and expression
(b) to assemble peaceably and without arms
(c) to form associations or unions
(d) to move freely throughout the territory of India
(e) to reside and settle in any part of the territory of India
(g) to practice any profession, carry out any occupation, business or trade.
(f) right to freedom of property was omitted by the 44th Constitutional Amendment Act, 1978.
Article 20: Protection in Respect of Conviction for Offences
No person shall be prosecuted and punished for the same offence more than once.
No person accused of any offence shall be compelled to be a witness against himself.
Available to all individuals and cannot be suspended even during emergeny.
Artilce 21: Protection of Life and Personal Liberty. Article 21 which cannot be suspended even during emergency secures two
rights (a) Right to life and (b) Right to Personal Liberty.
Right to Sleep (SC judgement after Lathicharge on Baba Ramdevs Supporters at midnight.)
Under Right to personal liberty, right against solitary confinment; Under-trials not to be kept with convicts.
Article 21 A: Right to Education. Was added by the 86th Constitution Amendment Act, 2002.
The state shall provide free and compulsory education to all the children of the age of Six to Fourteen.
Article 22: Protection against Arrest and Detention in certain Cases. This law however does not apply to an enemy alien and
person detained under the preventive detention laws.

CULTURAL AND EDUCATIONAL RIGHTS

(Article29-30)
Artilce 29: Protection of Interests of Minorities. Right to
conserve distinct language, script or culture.
Article 30: Right of Minorities to Establish and Administer
Educational Institutions.

Article 35: Deals with the implementation of Fundamental

rights
ental Rights) and Part IV (Directive Principles of State Policy). Granville

ht against exploitation (Articles 23 and 24) and right to personal liberty

worded.

ntees all citizens shall have the right

India
on, business or trade.
44th Constitutional Amendment Act, 1978.
ffences
same offence more than once.
d to be a witness against himself.
even during emergeny.
ticle 21 which cannot be suspended even during emergency secures two
ty.
aba Ramdevs Supporters at midnight.)
confinment; Under-trials not to be kept with convicts.
6th Constitution Amendment Act, 2002.
on to all the children of the age of Six to Fourteen.
n certain Cases. This law however does not apply to an enemy alien and
ws.

RIGHT TO CONSTITUTIONAL REMEDIES

(Article 32)
Article 32: confers one of the 'highly cherished rights'.
It empowers an individual to approach the Supreme Court
directly in case his one or more fundamental rights are
violated.
Directive Principles of State Policy
DP are asserted to be 'fundamental in the governance of country,' they are not legally enforceable. Instead, they are guideline
The inspiration for including the Directive Principles in the Consitution is drawn from the Consitution of Ireland.
In the opinion of Dr L M Singhvi, an eminent jurist, "the Directive Principles of State Policy are the life-giving provisions of the C
Classification of Directive Principles
The DPs are unique blend of Socialist, Gandhian and western Liberal principles
Sociallist Principles
Article 38: State to secure a social order for the promotion of welfare
of the people.
Article 39: To strive to minimise inequalities of income
Ownership and control of material resources of the
community shall be so distributed so as to subserve the
common good
Equal pay for equal work
Health and strength of workers, and the tender age of
children must not be abused
Article 39 A: Equal justice and free legel aid
Article 41: Right to work, to education and to public assistance in
certain cases
Article 42: Provision for just and humane conditions of work and
maternity relief.
Article 43 A: Participation of workers in management of industries.

Nature of DP

These are positive obligations: The DPs impose positive obligations on the
State.
The DPs can be implemented by executive action, so long as they do not
contravene any law.
They are in the form of general instructions: DPs lay down the various tenets
of a welfare state

They are non-justiciable: Article 37 expressly declares that the DPs shall not
be enforceable by any court. But this non-enforceable nature does not
reduce the importance of the DPs, for these directives have been, at the
same time declared as fundamental in the governance of the country.

Supermacy of Directive Principles over Fundamental Rights

It was in 1971 that the first step was taken to provide supermacy for DPs in
the form of Article 31C which was added by 25th Constitution Amendment
Act 1971.
DPs contained in Articles 39(b) and 39(c) have supermacy over the FR
contained in Articles 14 and 19.
 they are not legally enforceable. Instead, they are guidelines for creating a social order characterised by social, economic and political justi
tion is drawn from the Consitution of Ireland.
rinciples of State Policy are the life-giving provisions of the Constitution.

al principles
Gandhian Principles
Article 40: Organization of village panchayats
Article 43: To promote cottage industry
Article 46: Promotion of educational and economic interests of the
SCs, STs and other weaker section of the society.
Artilce 47: To bring out the prohibition of intoxicating drinks and drugs
that are injurious to health
Article 48: Organization of agriculture and animal husbandry on
modern and scientific lines to prohibit the slaughter of
cows, calves and other milch and draught cattle.
ial order characterised by social, economic and political justice, liberty, equality and fraternity as enunciated in the constitution's preambl

Liberal Principles
Article 44: Uniform civil code for the citizens
Article 45: Provide free and compulsory education for children below
14 years
Article 50: Separation of Judiciary from the executive
Article 51: To promote international peace and security
the constitution's preamble.
FUNDAMEN
The Fundamental Duties in India are provided by the Constitution of India in Part IVA under Article 51A.
The Fundamental Duties of citizen were added to the Constitution by the 42nd Amendment in 1976, upon the reco
Initially 10 in number, the Fundamental Duties were increased to 11 by the 86th Amendment in 2002.
The FDs in Indian Constitution are inspired by the constitution of erstwhile USSR. Japanese Constitution also contain
 under Article 51A.
dment in 1976, upon the recommendations of the Swaran Singh Committee.
ndment in 2002.
anese Constitution also contains a list of Fundamental Duties.
UNION GOVERNEMENT
Part V of the Indian Constitution from Article 52 to 78 deals with the Union Executive.
THE PRESIDENT
Article 52 of the Constitution provides for the president of India.
Article 53(1) says that the Executive power of the Union shall be vested in the President and shall be excercised by him either
through officers subordinste to him.
Article 53(2) states that without prejudice to the generality of the foregoing provision, the supreme command of the defence
the Union shall be vested in the President.

Article 54, 55 and 71 deals with the election of President.

Article 54 reads that the President shall be elected by the Members of an electoral college consisting of
The elected members of both the Houses of Parliament
The elected members of the Legislative Assemblies of states. The elected members of the Legislative Assemblies of the Union
of Delhi and Puducherry.

Article 55 deals with the method of the President's election. The President is elected by proportional representation with Sing
Transferable Vote system.
Pandit Nehru had moved and also got passed the 11th Amendment Act, according to which the elections of the President and
President could not be challenged on the ground that the Electoral College was incomplete.

Article 56 (1) provides a five year term for the President from the date on which he enters upon his office.
The next election is held before the expiry of the term of the incumbent. However, if election is not held within five years, the
incumbent President continues to hold the office till the election is held. In this case the Vice-President does not get the oppor
act as the President.

Article 58 provides a list for qualification for President

1. He is a citizen of India
2. has completed the age of thirty-five years
3. is qualified for election as a member of the House of the People.
Article 58(2) states that he does not hold any office of profit under the Government of India

Article 59 states the conditions of President's office.

Article 59(4) says that the emoluments and allowances of the President shall not be diminshed during his term of office.
Article 60 says about the Oath by the President. The Oath is administered by the Chief Justice of India and in his absence, the
most judge of supreme court.
Article 61 provide for the Impeachment of the President.
President can be inmpeached on the grounds of violation of the Constitution and has to be informed in writing 14 days in adva
the intention to initiate Impeachment proceedings.
The Impeachment motion can be brought about in the form of resolution in either House of the Parliament where, it has to b
by one-fourth of the members of the House.
After the Impeahment motion is passed by a majority of two-thirds of total membership of that house, it is sent to the other H
which should investigate the charges.
The President can present his case or defend himself during the investigation of Impeachment charges.
If the charges are proved and the motion is passed by a two-third majority in the second chamber also, the President os consid
removed from that time and day.

Article 62 says that the election to the office of President is held within six months of the occurrence of the vacancy due to de
resignation or impeachment before the expiry of the term.
Powers related to Parliament:
The President summons the session of the Parliament. He ensures that a period of more than Six months should not elapse be
two sessions.
In case of an Emergency, he can extend the life of the Lok Sabha by one year.
He is authorised to convene a Joint Session of both the Houses in case of disagreement between the Houses on the passage o

Under Article 86 he can also send messages to either one or both the Houses, whether with respect to a Bill pending in the Pa
otherwise.
He can appoint any Member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the De
Speaker fall vacant. Similar process in Rajya Sabha.

Power to Make Ordinances

Article 123 (1) gives ordinance making power to the President. The President may promulgate ordinaces with all those matters
respect to which Parliament is competent to make laws. The Ordinance has the same effect as Law passed by Parliament.
An ordinance can be promulgated only when the Houses of the Parliament are not in session. The President may withdraw th
ordinance at any time.
The ordinance is required to be laid before both Houses of the Parliament. It ceases to operatea at the expiry of six weeks from
reassembly of the Parliament.
Article 72 confers on the President power to grant pardons, Reprives, Respites or Remissions of Punishment, or to Commute t
Sentence of any person convicted of an offence.

Emergency Powers
With the aim of protecting the Peace, Security and Unity of the Country, the President can declare three types of emergencies
VICE
ArticlePRESIDENT
63 of the Constitution provides for the Vice-President of India.
The office of Vice-President is modelled on the lines of American Vice-President.
Article 66(1) the Vice-President shall be elected by the members of an electoral college consisting of the Members of both Hou
Article 64 states that the VP shall be the ex-officio Chairman of the Council of States. His chief function is to preside over the p
A resolution for the removal of the Vice-President can be initiated only in the Rajya Sabha.
The president shall also have the power to remove (i) his ministers, individually; (ii)
the Attorney-General of India; (iii) the Governor of a state; (iv) the Chairman or
member of UPSC or State PSC on the report of the supreme court; (v) a judge of the
supreme court or of a high court, Election Commissioner, on an address of
Parliament.

Oath required to Acting President?

Nominated members of the Both the houses can participate in the Impeachment
though they do not participate in his election.
 Every year, the President causes to be laid before Houses of Parliament,
the Annual Financial Statement (the Annual Budget)
the report of the Comptroller General of India,
the recommendations of the Finance Commission
reports of the UPSC

uses of Parliament in accordance with the system of proportional reperesentation by means of the Single Transferable Vote and voting at
roceedings of the house.
Transferable Vote and voting at such election shall be held by secret ballot.
PARLIAMNET
Article 79 provides for a Parliament for the Union which shall consist of the
President and Two houses (Council of States and House of the People).
Although President is not a member of either house, his assent is required
for any Bill, passed by both the houses to become a law. He summons and
pro-rouges both the Houses, dissolve the Lok Sabha, address both the
Houses, issues ordinances etc.

RAJYA SABHA
Article 80 provides that the Council of states shall consist of
12 members to be nominated by the President from amongst the persons
having special knowledge or practical experience in respect of literature,
science, art or social service.
Not more than 238 representatives of the States and Union Territories (Delhi
and Puducherry).

The members are elected by indirect election by the elected members of the
State Legislative Assembly and same for the case of Delhi and Puducherry.

Artcile 83 Duration of Houses

Rajya Sabha is a permanent body and not subject to dissolution but 1/3rd of
its member retire every second year.
(The retired members are eligible for re-election and renomination any
number of times.
The election held to fill a vacancy arising other than expiration of the term of
office of a member is called Bye-election. A member elected in the Bye-
election remians member for the remainder of the term.

Article 84 of the Constitution lays down the qualifications for membership of

Rajya Sabha.
1. He must be citizen of India
2. He must not less than 30 years of age
3. He must possess such other qualifications as may be prescribed in that
behalf by or under any Law by Parliament.

Article 86
The President may address either or both Houses together, and for that
purpose require the attendance of members.
Article 89
The Chairman and Deputy Chairman of the Council of States.
Article 90
Office of Deputy Chairman, till he remains the member of House,
by hand written resignation addressed to Chairman
can be removed by resolution
Article 91
Deputy Chairman to perform the duties of Chairman in his absence.
Article 92
The Chairman and Deputy Chairman not to preside while a resolution for his
removal from office is under consideration.

Article 101
Vacation of seats; a person cannot be a member of both houses of
Parliament at same time. And not as MP and MLA.
Seat can be vacant on the individuals resignation written under his hand
addressed to Chairman or Speaker.
If for a period of 60 days an MP is absent from all meetings (provided not
counting the days for which house is adjourned for more than 4 consecutive
days)

Article 105
Powers, Previliges etc of the Houses and of the members and committees
thereof. (freedom of speech).

LEGISLATIVE PROCED
Article 107
Provisions as to introduction and passing of Bills
Except Money and Financial bills, a Bill may originate in either house of
Parliament.
A Bill pending in Parliament shall not lapse by reason of the prorogation of
the Houses.
A Bill pending in the Council of States which has not been passed by the
House of People shall not lapse on a dissolution of the House of the People.
A Bill pending in the Lok Sabha or which having been passed by the Lok
Sabha and is pending in the Rajya Sabha, lapse on the dissolution of Lok
Sabha.
Article 111
Assent to the Bills by President
Article 112
Annual Financial Statement
The President shall in respect of every financial year cause to be laid before
the Houses a statement of the estimated receipts and expenditure of the GoI
for that year.

Article 118
Rules of Procedures
At a joint sitting of the two Houses the Speaker of Lok Sabha shall preside. (In
absence such person determined by President, after consultation with
Chairman of Rajya Sabha and Speaker of Lok Sabha).
Article 119
Regulation by law of procedure in Parliament in relation to financial business.
 LOK SABHA
Article 81 provides that the maximum strength of the House envisaged by
the Constitution is 552, which is made up by election of upto 530 members
to represent the States, upto 20 members to represent the Union Territories
and not more than two members of the Anglo-Indian Community (to be
nominated by the President, if in his opinion, that community is not
adequately represented in the House.

For the purpose of holding direct elections to the Lok Sabha, each state is
divided into Territorial Constituencies to ensure that there is uniformity of
representation in two respects
1. Between the different States, and
2. Between the different Constituencies in the same state.

cile 83 Duration of Houses

The House of People shall continue for five years.

Provided that the said period may, while a Proclamation of Emergency is in

operation, be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case beyond a period of six months
after the Proclamation has ceased to operate.

Member of the Lok Sabha requires that

1. the person be a Citizen of India
2. He must be not less than 25 years of age
3. He must possess such other qualifications as may be prescribed in that
behalf by or under any Law by Parliament.

Article 87
At the commencement of first session after each general election and at the
commencement of first session of each year, the President shall address
both Houses of Parliament assembled together and inform Parliament of the
cause of its summons.
Article 93
The Speaker and Deputy Speaker of the House of the People.
Article 94
Speaker - resignation- addressed to Deputy Speaker
Deputy Speaker - resignation- addressed to Speaker
can be removed by resolution (14 days notice)
Article 95
Deputy Speaker to perform as Speaker in his absence
Article 96
Speaker and Deputy Speaker not to preside while a resolution for his
removal from office is under consideration.

Disqualifications
Artice 102 of the Constitution lays the conditions of disqualification
1. Office of profit under the Government of India or state
2. If he is of unsound mind and stands so declared by a competent court.
3. If he is an undischarged solvent.
4. If he is not a citizen of India, or has voluntarily acquired the citizenship of a
Foreign State

Nominated member however is allowed to join a political Party if he/she

does so within the first six months of taking seat in the House.

Article 106
Salaries and allowances of members (to be determined by Parliament by
Law)

LEGISLATIVE PROCEDURES
Article 108
Joint Sitting of both Houses in certain cases
If a Bill passed by one House is rejected by the other House, or, the Houses
have finally disagreed as to the amendments to be made in the Bill, or more
than six months elapse from the date of the receipt of the Bill by the other
house, the President may call a joint sitting of the two Houses to resolve the
deadlock.
Article 113
Procedure in Parliament with respect to estimates
other expenditures shall be submitted in the form of demands for grants to
the House of People. No demand for a grant shall be made except on the
recommendation of the President.
Article 114
Appropriation Bill
Article 115
Supplementary, additional or excess grants

Article 120
Language to be used in Parliament (Hindi or English, however
Chairman/Speaker may permit any member to express himself in mother-
tongue)
Article 121
No discussion shall take place in Parliament with respect to the conduct of
any Judge (SC/HC) in dischrge of his duties except upon a motion.
Ratio between number of seats and population of State, &
Ratio between population of each constituencies and number of seats
alloted to it is same throughout the State.

(Artcile 82) The 42nd Amendment Act, 1976 froze allocation of seats in the
Lok Sabha to the States and division of each state into territorial
constituencis till the year 2000 at the 1971 level.
This ban on readjustment was extended up to year 2026 by the 84th
Amendment Act, 2001.
Our Constitution provides for the reservation of seats for SCs and STs till
2010 by the 79th Amendment Act, 1999.

Article 85
The President shall from time to time summon each House of the Parliament
to meet at such time and place as he thinks fit, but six months shall not
intervene between its last sitting in one session and the date appointed for
its first sitting in next session.

Every Minister and the Attorney-General of India shall have the right to
speak in, take part in the proceedings of either House, any joint sitting of the
Houses, and any committee of Parliament of which he may be named a
member, but shall not by virtue of this article be entitled to vote.
Article 98
Each house of Parliament shall have a separate secretarial staff.
Article 99
Oath or affirmation by the members of either House of Parliament.
Article 100
Voting in Houses, all questions shall be determined by the majority of votes
of the member present. The Chairman or Speaker shall not vote in the first
instance but will caste their vote in case of equality of votes.
House to be adjourned or meeting to suspended until there is a quorum.

Article 103
The question arised under article 102, shall be referred for the decision of
the President which shall be final. (Before giving any decision President shall
obtain opinion of Election Commission).
Article 104
Penality for sitting and voting before making oath or affirmation, or when not
qualified or when disqualified.

Article 109
A money bill shall not introduced in the Council of States
Rajya Sabha has 14 days.
Article 110
Money Bill if it contains any of the following matters:
(1) the imposition, abolition, remission, alteration or regulation of any tax;
(2) the regulation of the borrowing of money or the giving of any guarantee
by the Government
(3) the custody of the Consolidated and Contigency funds of India
(4) the appropriation of moneys out of the Consolidated Fund of India
If any question arises Sppeaker of Lok Sabha decides whether it is a Money
bill or not
Article 116
Votes on account, votes of credit and exceptional grants.
Article 117
Special provisions as to Financial Bills
A Bill or amendment making provision for any of the matters specified in
sub-clauses of Article 110 shall not be introduced or moved except on the
recommendation of the President. (Provided no recommendation to be
made for reduction or abolition of any tax)

Article 122
Courts not to inquire into proceedings of Parliament.
Article 123
Power of President to promulgate Ordinances during recess of Parliament
the Ordinance has to laid before the Houses and shall ceases to operate at
the expiration of six weeks from the reassembly of Parliament.
 SUPREME COURT
Article 124
Establishment and constitution of Supreme Court
CJI and 25 Judges (initial 7 Judges, SC amendment act 1986)
Every Judge of SC to be appointed by President. CJI to be
consulted in appointment of Judges.

Article 129
The Supreme Court shall be court of record and shall have all the
powers of such a court including the power to punish for
contempt of itself.
Article 130
The Supreme Court shall sit in Delhi or in such other place or
places, as CJI may, with the approval of the President, appoint.

Article 135
Jurisdiction and powers of the Federal Court to excersided by SC
Article 136
Special leave to appeal by SC

Article 140
Ancillary powers of Supreme Court (Parliament may by law make
provisions enabling the court more effectivley to exercise the
jurisdiction confered upon it)
Article 141
Law declared by SC shall be binding on all courts within the
territory of India
 SUPREME COURT
Article 125
Salaries of Judges
Article 126
Appointment of acting Chief Justice

Article 131
Original Jurisdiction of the Supreme Court
in any dispute-
(a) between the GoI and one or more states
(b) between GoI and any State on one side and one or more
States on other side
(c) between two or more States

Article 137
Subject to the provisions of any law made by Parliament or any
rules made under article 145, the SC shall have the power to
review any Judgement pronounced or order made by it.

Article 142
Enforcement of decrees and orders of SC and orders as to
discovery.
Article 143
Power of President to consult SC
Article 144
All authorities, civil and judicial, in the territory of India shall act in
aid of the SC.
Article 127
Appointment of ad hoc Judges
Article 128
Attendance of retired Judges at sittings of the Supreme Court.

Article 132
Appellate jurisdiction of Supreme Court in appeals from High
Courts in certain cases
Article 133
for civil matters
Article 134
for criminal matters

Article 138
Enlargement of the Jurisdiction of the SC
matters in the Union List
Article 139
Parliament may by law confer on the SC power to issue directions,
orders or writs.
Article 139A Transfer of certain cases

Article 145
Rules of court
Article 146
Appointments of officers and servants of SC shall be made by CJI
all expenses of SC shall be charged upon Consolidated Fund of
India and any fees or other money taken by the court shall form
part of that fund.
Article 147
Interpretation
CAG Article 148
CAG to be appointed by President and can be
removed like as Judges of SC
CAG shall not be eligible for further office in GoI or
State Gov. after he has ceased to hold his office