MPPSCADDA

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 CONSTITUTION & GOVERNMENT
of INDIA
CONTENTS
❖ STRUCTURE OF CONSTITUTION & NATIONAL SYSMBOLS
❖ HISTORICAL BACKGROUND
❖ MAKING OF CONSTITUTION
❖ PREAMBLE
❖ UNION AND ITS TERRITORIES
❖ CITIZENSHIP
❖ FUNDAMENTAL RIGHTS , DUTIES AND DPSP
❖ UNION EXECUTIVE
❖ STATE EXECUTIVE
❖ UNION LEGISLATURE
❖ STATE LEGISLATURE
❖ JUDICIARY
❖ LOCAL GOVERNMENT
❖ ELECTIONS
❖ COMMISSIONS AND BODIES AND OTHER DIMENSIONS
❖ CONSTITUTION AT A GLANCE

Syllabus
• Government India Act 1919 and 935
• Constituent Assembly.
• Parliament, Union Executive, President
• Fundamental Rights , Fundamental Duties of the Citizens
• Directive Principlesof State Policy
• Coustitutional Amendments.
• Judicial System and Supreme Court

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 THE STRUCTURE OF CONSTITUTION
NATIONAL SYMBOLS
THE STRUCTURE OF INDIAN CONSTITUTION.
• The structure of Indian Constitution : It consists of (i) Articles, (ii) Parts,(iii) Schedules and (iv)
Appendices
Articles
• It has numbered and further expanded its provisions as "Clause" and "Sub-Clause".
• Currently there are around 465 Articles but originally there were 395 Articles.

Parts
• The individual Articles of the. Constitution are grouped together in Parts.
• Indian Constitution has 25 parts currently but originally it had 22 parts.

Schedules
• Schedules are lists in the Constitution that categories and tabulate bureaucratic activity and policy
of the Government.
• Currently there are 12 schedules but originally it had 8 schedules only.
Appendices
There are five appendices:
a) Appendix I : The Constitution (Application to Jammu and Kashmir) Order, 1954;
b) Appendix II : Restatement, with reference to the present text of the Constitution, of the exceptions
and modifications subject to which the Constitution applies to the State of Jammu and Kashmir;
c) Appendix. III :Extracts from the Constitution (44th Amendment) Act, 1978;
d) Appendix IV : The Constitution (86th Amendment) Act, 2002 and
e) Appendix V :The Constitution (88th Amendment) Act, 2003.

NATIONAL SYMBOLS
National Flag
• The National flag is horizontal tricolour of deep saffron (kesaria)at the top, whitein the middle and
dark green at the bottom in equal proportion.
• The ratio of width of the flag to its length is 2 : 3.
• In the centre of the white band is a navy-blue wheel which represents the Chakra.
• It has 24 spokes.

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• Its design in that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka.
• The National flag (Tiranga) is based on the Swaraj flag, a flag the Indian National Congress got
designed by Pingali Venkayya.
• The design of the National Flag was adopted by the Constituent Assembly of India on 22 July, 1947.
• Usage of the flag is governed by the Flag Code of India, 2002 which took effect from 26 January,
2002. It brings together laws, conventions, practices and instructions to all.
• The right to manufacture the flag is held by the Khadi Development and Village industries
Commission which allocates it to the regional groups.
• As on 2009, the Karnataka Khadi Gramodyoga Samyukta Sangha has been the sole manufacturer of
the flag.
National Emblem
• It is a replica of the Lion of Sarnath, near Varanasi in Uttar Pradesh.
• It was adopted on 26 January, 1950.
• The 4 lions (one hidden from view) symbolizing power, courage and confidence - rest on a circular
abacus.
• The abacus rests on a lotus in full bloom, exemplifying the fountainhead of life and creative
inspiration.
• The abacus is guarded by four animals guardians of the four directions : the lion on the north, the
elephant on the east, the horse on the south and the bull on the west.
• The words Satyameva Jayate is from Mundaka Upanishad which means Truth Alone Triumphs.
• It is inscribed below the abacus of the emblem in Devanagari script and also referred to as the
National Motto.
National Anthem
• The song Jana-gana-mana, composed originally in Bengali by Rabindranath Tagore, was adopted in
its Hindi version as the National Anthem of India on 24 January, 1950.
• It was first sung on 27th December, 1911 at the Kolkata Session of the Indian national Congress.
• The complete song consists of five stanzas.
• The duration of the national anthem is approximately 52 secs.
• A short version consisting of the first and last lines of the stanza (playing time approximately 20
seconds) is also played on certain occasions.
• Present tune for national anthem was composed by Captain Ram Singh Thakur.
• The lyrics were rendered into English by Rabindranath Tagore himself.
• Bharat Bhagya Vidhata was the title under which the song was first published in January 1912 issue
of Tatvabodhini Patrika; whose editor was Tagore.
• The Anthem turned 100 years in 2011. m 2013 is also the 100th year of winning the Nobel Prize for
literature - Gitanjali.

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 Jana-gana-mana-adhinayaka, jaya he
Bharata-bhagya-vidhata.
Punjab-Singh-Gujarat-Maratha
Dravida-Utkala-Banga
Vindhya-Himachala-Yamuna-Ganga
Uchchala-Jaladhi-taranga.
Tava shubha name jage,
Tava shubha asisa mange,
Gahe tava jaya gatha,
Jana-gana-mangala-dayaka jaya he
Bharata-bhagya-vidhata.
Jaya he, jaya he, jaya he,
jaya, jaya, jaya, jaya he!

National Song
• The song Vande Mataram, composed in sanskrit by Bankimchandra Chatterji, was a source of
inspiration to the people in their struggle for freedom.
• It has an equal status with Jana-Gana-Mana. it was first sung at the 1896 session of the Indian
National Congress.
• The song first appeared in his book Anandamatha, published in 1882 the song itself was actually
written six years prior in 1876.

Session of parliament begins with 'Jana-gana-mana' and concludes with 'Vande Mataram'.

Vande Mataram!
Sujalam, suphalam, malayaja Shitalam,
Shasyashyamalam, Mataram!
Shubhrajyotsna pulakitayamini,
Phullakusumita drumadala shobhini,
Suhasinim sumadhura bhashinim,
Sukhadam varadam, Mataram!

National Calendar
• The National Calendar based on the Saka Era with Chaitra as its first month and a normal year of
365 days was adopted from 22 March, 1957 along with the Gregorian calendar.

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• Dates of the national calendar have a permanent correspondence with dates of the Gregorian
calendar, 1 Chaitra falling on 22 March normally and on 21 March in leap year.
Indian National Calendar
No. Month Length Gregorian date
1. Chaitra 30/31 March 22*
2. Vaishakh 31 April 21
3. Jyaishtha 31 May 22
4. Ashadha 31. June 22
5. Shravana 31 July 23
6. Bhadrapad 31 August 23
7. Ashwin 30 September 23
8. Kartik 30 October 23
9. Agahayana 30 November 23
10. Paush 30 December 22
11. Magh 30 January 21
12. Phalgun 30 February 20
National Flower
• Lotus (Nelumbo nucifera) is the National Flower of India.
• India ranks 10th in the world and 4th in Asia in plant diversity.
National Animal
• The Tiger (Panthera Tigris) is the national animal of India.
• Out of the 8 races of the species known, the Indian race, the Royal Bengal Tiger is found throughout
the country (except the north-western region).
• The Government of India, under its Project Tiger programme, started a massive effort to preserve
the tiger population in 1973.
• So far, 50 tiger reserves have been established in the country.
• The Project Tiger is administered by the National Tiger Conservation Authority.
• The fourth cycle of the All India Tiger Estimation 2018 estimated that the country now has 2967
tigers as per the latest census.
National River
• The Ganga is the national river of India. It is the longest river of India flowing over 2704 km of
mountains, valleys and plains.
• It originates from Gangotri Glacier in the Himalayas as the Bhagirathi.
• The Ganga is revered by Hindus as the most sacred river on earth.
National Tree
• The Banyan (Bargad) also called the Indian fig tree (Ficus bengalensis) is the National tree of India.

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• Because of characteristic and longevity, this tree is considered immortal and is an integral part of
the myths and legends of India.
National Bird
• The Peacock (Pavo cristatus) is the national bird of India.
• It is a symbol of grace, joy, beauty and love.
• The male of the species is more colorful than the female.
• It is fully protected under the Indian Wildlife (Protection) Act, 1972.
National Fruit
• The Mango (mangifera indica) is the national fruit of India.
• The mango is one of the most important and widely cultivated fruits of the tropical world.
• Its juicy fruit is a rich source of Vitamins A, C and D.
National Monument
• India Gate, one of .the largest war memorials, situated in the heart of New Delhi, is the National
Monument of India.
• It was erected in memory of 90,000 soldiers who lost their lives fighting in the World War I and
Afghan War for the British Army.
• It was designed by Sir Edwin Lutyens. It was earlier called All India War Memorial.
National Aquatic Animal
• River Dolphin (Platanista Gangetica) is an endangered species in India. Therefore, it has been put in
Schedule I of the Wildlife Protection Act, 1972.
National Currency Symbol (Rs.)
• The symbol Rs. of Indian rupee came on 15th July, 2010.
• Rs. is an amalgamation of Devanagri `Ra' and the Roman `R' without the stem.
• It was designed by D. Uday Kumar, a post-graduate of IIT, Bombay which was finally selected by the
Union Cabinet on 15th July, 2010.
Indian Standard Time (IST)
• Indian Standard Meridian passes through 5 states: Uttar Pradesh, Madhya Pradesh, Chhattisgarh,
Orissa and Andhra Pradesh.
• This meridian helps in calculating the Indian .Standard Time (IST) which is 5 hours 30 minutes ahead
of the Greenwich Mean Time (GMT).
National Game
• Hockey is the National Game of India.
• The Golden Era of Hockey in India was the period from 1928-1956 when India won 6 consecutive
gold medals in the Olympics.

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National Heritage Animal
• Elephant is the National Heritage Animal of India.
• Around 60% of Asiatic Elephants live in India.

HISTORICAL BACKGROUND OF CONSTITUTIONAL

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 Historical Background of Constitutional Development
• India was a direct colony of the British and the impact of this colonial rule over the economy, society
and polity of India has been quite deep.
• Various features of the Indian Constitution have their roots in the British rule which laid down the
legal framework for the organization and functioning of government and administration.
• They are explained below in a chronological order.

Colony
A country which is politically dependent on a foreign state.
Colonialism
It implies the extra-territorial expansion of a country politically and economically advanced
in comparison to the country being thus subjugated and controlled.

British Rule in India

The Company Rule (1773-1858) The Crown Rule (1858-1947)

1. Regulating Act of 1773 1. Government of India Act of 1858
2. Pitt's India Act of 1784 2. Indian Council Act of 1863
3. Charter Act of 1786 3. Indian Council Act of 1892
4. Charter Act of 1793 4. Indian Council Act of 1909
5. Charter Act of 1813 5. Government of India Act of 1919
6. Charter Act of 1833 6. Government of India Act of 1935
7. Charter Act of 1853 7. Indian Independence Act of 1947
The Company Rule (1773-1858)
Regulating Act of 1773
• It is also known as the Act of Settlement.
• It laid the foundation of central administration in India.
• During this time, Lord North was the Prime Minister of England.
• The Governor of Bengal was made the Governor General of Bengal.
• The first such Governor General was Lord Warren Hastings.
• A Supreme Court was established at Calcutta in 1774.
• Sir Elijah Impey was the first Chief Justice.
Pitts India Act, 1784
• This Act was drafted during British Prime Minister William Pitt the Younger.
• Set up a Governor General of Bengal in Fort William with Supervisory powers over Madras and
Bombay.
• Established the dual system of control.
• A new body - Board of Control was established.
• The Company's territories in India were called British possessions.

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Charter Act, 1786
• Governor General had the power of the commander-in-chief.
• Governor General had the power to override the majority of the council.
Charter Act, 1793
• The monopoly of trade with India for another twenty years was given.
• The salaries for the staff and members of the Board of Control to be paid from Indian Revenue.
Charter Act, 1813
• Ended the company monopoly of trade.
• Provided Rs. One lakh grant for education.
Charter Act, 1833
• Made the Governor General of Bengal as the Governor General of India.
• Lord William Bentinck was the first Governor General of India.
• Ended the activities of the East India Company as a commercial body and became an administrative
body.
• Under Lord Macaulay, a Law Commission was set up for codification of laws.
Charter Act, 1853
• The Macaulay Committee (the committee on the Indian Civil Service) was appointed in 1854.
• Introduced an open competition system of selection and recruitment of civil servants.
• Introduced local representation in the Central Legislative Council.
THE CROWN RULE (1858-1947)
Government of India Act, 1858
• The Act abolished the East India Company and the power was transferred from the company to the
British Crown.
• The Court of Directors and the Board of Control was abolished.
• The Governor General of India was renamed as the Viceroy of India.
• Lord Canning became the first viceroy of India. The Secretary of State for India was appointed.
Indian Council Act, 1863
• Introduction of the representative institutions in India.
• Decentralized legislative power.
• Statutory recognition to the portfolio system.
• Portfolio system was coined by Lord Canning in 1859.

Indian Council Act, 1892

• Gave the power of discussing the budget and addressing question to the executive.
• Filling up some of the non-official seats both in the central and provincial legislative council.

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Indian Council Act, 1909
• Known as Morley — Minto Reforms.
• Lord Morley was the Secretary of State of India and Lord Minto was the Viceroy of India.
• Satyendra Prasad Sinha became the first Indian to join the executive council of the viceroy.
• Communal representation was introduced, as Muslims were given a separate electorates.
• This Act legalized communalism and Lord Minto came to be known as the Father of Communal
Electorate.

Government of India Act 1919

• Known as Montague-Chelmsford Reforms.
• Samuel Montague was the secretary of state for India
• Lord Chelmsford was the Viceroy of India.
• Dyarchy at the provinces was established.
• Relaxed the central-control over the provinces by separating the central, and provincial subjects.
• The provincial subjects were further sub-divided into transferred and reserved subjects
• Extended the principle of communal representation by providing separate electorates for Sikhs,
Indian Christians, Anglo-Indian and Europeans.
• Created a new office of the high commissioner for India in London.
• Provided for the establishment of a public service commission.
• In 1926, a Central Public Service Commission was setup.

Government of India Act, 1935

• It abolished dyarchy in the provinces and introduced 'provincial autonomy'.
• Provided for the establishment of an All India Federation comprising of provinces and princely states
as units.
• The Act divided the powers between the Centre and the provinces in terms of three lists
o Federal List (for Center)
o Provincial List (for Provinces) and
o Concurrent List (for both).
• It provided for the set up of a Reserve Bank of India to control the currency and credit of the country.
• It provided for the establishment of a Federal Court which was set up in 1937.

Indian Independence Act, 1947

• It ended the British rule in India and declared India as an independent and sovereign state from
August 15, 1947.
• To demarcate boundary line between India and Pakistan, a commission was constituted under the
chairmanship of Sir Cyril Radcliffe.

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• It abolished the office of the Secretary. of State for India and transferred his functions to the
Secretary of State for Commonwealth Affairs.
• It granted freedom to the Indian princely states either to joI1-n the Domination of India or
Domination of Pakistan or to remain independent.
• It designated the Governor-General of India and the provincial governors as constitutional (nominal)
heads of the states.

MAKING OF THE CONSTITUTION

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 CONSTITUENT ASSEMBLY
• The Constitution of India was enacted by the Constituent Assembly on November 26, 1949. This
enactment completes 70 years on November 26, 2019.
• The Indian Constitution was a product of deliberations of the Assembly for over three years.

Constituent Assembly debates can be broadly divided into four parts

Debate stages Debate dates Description of work

Committees, such as Union Powers Committee,
Committee on Fundamental Rights and
Minorities, submitted reports to outline the
Preliminary Stage Dec 9, 1946 – Jan 27, 1948
guiding principles of the Constitution. The
drafting committee was constituted to prepare
the draft Constitution.
Drafting committee published the draft
Constitution of India in February 1948. The
First Reading Nov 4, 1948 – Nov 9, 1948
draft was introduced in the Assembly in
November 1948.
Clause by clause discussion of the draft was
Second Reading Nov 15, 1948 – Oct 17, 1949
conducted in the Assembly.
The Assembly finished the third reading and
Third Reading Nov 14, 1949 – Nov 26, 1949 enacted the Constitution on November 26,
1949.

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Key Takeaways
• The Constituent Assembly had 11 sessions over 2 years, 11 months and 18 days to complete the
task of drafting the constitution.
• The Constitution-makers had gone through the constitutions of about 60 countries.
• The total expenditure incurred on making the Constitution amounted to Rs. 64 lakh.
• The Constituent Assembly was formed in Nov 1946 under the scheme drafted by Cabinet Mission
Plan.
• The Constituent Assembly was both partly elected and partly nominated body.
• The total strength of the Constituent Assembly was 389.
• The Constituent Assembly held its first meeting on December 9, 1946.
• Dr. Sachchidanand Sinha was elected as the temporary President of the Assembly.
• On December 11, 1946, Dr. Rajendra Prasad and HC Mukherjee were elected as the President and
Vice-President of the Assembly respectively.
• Sir B.N. Rau, was appointed as the Constitutional Advisor to the Assembly.
• On December 13, 1946, Pt Jawaharlal Nehru moved the Objective Resolution which resolved to
proclaim India as an Independent sovereign Republic.
• The constitution was adopted on Nov 26, 1949 which contained Preamble, 395 Articles and 8
Schedules.

Other Functions Performed

The Constituent Assembly also performed the following functions :
(a) ratified the India's membership of the Commonwealth in May 1949.
(b) adopted the national flag on July 22, 1947.
(c) adopted the national anthem on January 24, 1950.
(d) adopted the national song on January 24, 1950.
(e) elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

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Committees of the Constituent Assembly
A number of committees were appointed to deal with different task of constitution-making.

Committee Chairman
Drafting Committee Dr. B.R. Ambedkar
Committee on the rules of Procedure Rajendra Prasad
Steering Committee Rajendra Prasad
Finance and Staff Committee Rajendra Prasad
Adhoc Committee on the National Flag Rajendra Prasad
Credential Committee Alladi KrishaswamY Ayyar
House Committee B. Pattabhi Sitaramayya
Order of Business Committee K.M. MunsHi
Committee on the Functions of the Constituent G.V. Mavalankar
Assembly
Advisory Committee on Fundamental Rights, Sardar Vallabhbhai Patel
Minorities and Tribal and Excluded Areas
Provincial Constitution Committee Sardar Vallabhbhai Patel
Union Powers Committee Pandit Jawaharlal Nehru
State Committees Pandit Jawaharlal Nehru
(committee for negotiating with states)

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 Enforcement of the Constitution
• The major part of the constitution came into force on January 26, 1950.
• This day is referred as the date of commencement of the Indian constitution and is celebrated as
the Republic Day.

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 Source of the Constitution at a Glance
Source
1. Government of India Act of
1935
2. British Constitution
3. US constitution
4. Irish Constitution
5. Canadian Constitution
6. Australian Constitution
7. Weimar Constitution of
Germany
8. Soviet Constitution (USSR, Fundamental Duties and
now Russia)
9. French Constitution
10. South African Constitution
11. Japanese Constitution
Features Borrowed
Federal Scheme,
Office of Governor,
Judiciary,
Public Service Commissions,
Emergency provisions and administrative details.
Parliamentary government,
Rule of Law,
legislative procedure,
Single citizenship,
cabinet system,
prerogative writs,
Parliamentary privileges and
bicameralism.
Fundamental independence of judiciary,
Judicial review,
impeachment of the president,
removal of Supreme Court and high court judges and
Post of vice-president.
Directive Principles of State Policy,
nomination of members of Rajya Sabha and
method of election of President.
Federation with a strong Centre,
vesting of residuary powers in the Centre,
appointment of state governors by the Centre, and
advisory jurisdiction of the Supreme Court.
Concurrent List,
Freedom of trade,
Commerce and inter-course, and
Joint sitting of the two Houses of Parliament.
Suspension of Fundamental Rights during Emergency.
The ideal of justice (social economic and political) in the Preamble.
Republic and the ideals of liberty, equality and fraternity in the
Preamble.
Procedure for amendment of the Constitution and
Election of members of Rajya Sabha.
Procedure established by Law.
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 Salient Features of the Constitution of India
• Lengthiest Written Constitution : Originally it contained a Preamble, 395 Articles (divided into 22
parts) and 8 Schedules. Presently, it consists of a Preamble, about 465 Articles (divided into 25 Parts)
and 12 Schedules
• Drawn from various sources for their suitability to the Indian conditions;
• The procedure of amendment is partly flexible and partly rigid;
• Parliamentary system of government both at the centre and the states;
• Integrated and Independent Judiciary;
• Federal System with Unitary features;
• A Secular State;
• Single Citizenship;
• Universal Adult Franchise:
• Every Indian citizen who is not less than 18 years of age has a right to vote. (The voting age was
reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act, 1988.)

Parts of Indian Constitution

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 Parts of Indian Constitution

Part Subject Articles

Part I The Union and its territory Arts. 1 to 4

Part II Citizenship Arts. 5 to 11

Part III Fundamental Rights Arts. 12 to 35

Part IV Directive Principles Arts. 36 to 51

Part IVA Fundamental Duties Arts. 51A

Part V The Union Government Arts. 52 to 151

Part VI The States Government Arts. 152 to 237

Part VIII The Union Territories Arts. 239 to 242

Part IX The Panchayats Arts. 243 to 243O

Part IXA The Municipalities Arts. 243P to 243O

Part IXB The Co-operative Societies Arts. 243ZH to 243ZG

Part X The Scheduled and Tribal Areas Arts. 244 to 244A

Part XI Relation between the Union and the States Arts. 245 to 263

Part XII Finance, Property, Contracts and Suits Arts. 264 to 300A

Part XIII Trade, Commerce and Intercourse within the Arts. 301 to 307
Territory of India

Part XIV Services under the Union and the States Arts. 308 to 323

Part XIVA Tribunals Arts. 323A to 323B

Part XV Elections Arts. 324 to 329A

Part XVI Special provisions relating to certain classes Arts. 330 to 342

Part XVII Official Language Arts. 343 to 351

Part XVIII Emergency Provisions Arts. 352 to 360

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Part XIX Miscellaneous Arts. 361 to 367

Part XX Amendment to the Constitution Arts. 368

Part XXI Temporary, Transitional and Special Provisions Arts. 369 to 392

Part XXII Short title, commencement, authoritative text in Arts. 393 to 395
Hindi and repeals

Part VII Repealed by Const. (7th Amendment) Act; 1956 Arts. 246

Important Articles of the constitution

Article Deals with

1 Name and territory of the Union

3 Formation of new states and alteration of areas, boundaries or names of existing

states

13 Laws inconsistent with or in derogation of the fundamental rights.

14 Equality before law.

16 Equality of opportunity in matters of public employment

17 Abolition of untouchability

19 Protection of certain rights regarding freedom of speech; etc.

21 Protection of life and personal liberty

21A Right to elementary education

25 Freedom of conscience and free profession, practice and propagation of religion.

30 Right of minorities to establish and administer educational institutions.

31C Saving of laws giving effect to certain directive principles.

32 Remedies for enforcement of fundamental rights including writs

38 State to secure a social order for the promotion of welfare of the people.

40 Organization of village panchayats

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44 Uniform civil code for the citizens

45 Provision for early childhood care and education to children below the age of 6
years.

46 Promotion of educational and economic interests of scheduled castes, Scheduled

tribes and other weaker sections.

50 Separation of judiciary from executive

51 Promotion of international peace and security

51A Fundamental Duties

72 Power of President to grant pardons, etc., and to suspend, remit or commute

sentences in certain cases.

74 Council of Ministers to aid and advice the President.

78 Duties of Prime Minister as respects the furnishing of information to the

President, etc.

110 Definition of Money Bills

112 Annual financial statement (Budget)

123 Power of President to promulgate ordinances during recess of Parliament.

143 Power of President to consult Supreme Court.

155 Appointment of Governor

161 Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases

163 Council of Ministers to aid and advise the Governor

167 Duties of Chief Minister with regard to the furnishing of information to Governor,
etc.

169 Abolition or creation of legislative councils in states

200 Assent to bills by Governor (including reservation for President)

213 Power of Governor to promulgate ordinances during recess of the state legislature

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226 Power of High Courts to issue certain writs

239A Special provisions with respect to Delhi

249 Power of parliament to legislate with respect to a matter in the State List in the
national interest

262 Adjudication of disputes relating to waters to inter-state rivers to river valleys

263 Provision with respect to an inter-state council

265 Taxes not to be imposed except by authority of law

275 Grants from the Union to certain states

280 Finance Commission

300 Suits and proceedings

300A Persons not to be deprived of property

311 Dismissal, removal or reductionin rank of persons employed in civil capacities

under the Union or a state.

312 All-India Services

315 Public Service Commissions for the Union and for the states

320 Functions of Public Service Commissions

323-A Administrative tribunals

324 Superintendence, direction and control of elections to be vested in an Election

Commission

330 Reservation of seats for scheduled castes and scheduled tribes in the House of hte
People.

335 Claims of scheduled castes and scheduled tribes in the House of the people.

343 Hindi as official language

352 Proclamation of Emergency (National Emergency)

356 Provisions in case of failure of constitutional machinery in states (President's Rule)

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 360 Provisions as to financial emergency.

365 Effect of failure to comply with, or to give effect to, directions given by the Union
(President's Rule)

368 Power of Parliament to amend the Constitution and procedure thereof.

370 Temporary provisions with respect to the state of Jammu and Kashmir.

395 Repeals Indian Independence Act and Government of India Act, 1935.

Schedules
Number Subject Matter Articles

1st Schedule List of state and Union Territories 1 and 4

2nd Schedule Provision relating to the emoluments, privileges and so on of : (i) 59, 65, 75,
President; 97,
(ii) Governor; 125,
148,
(iii) Speaker and Deputy Speaker of the Lok Sabha and Legislative
158,
Assembly;
164,
(iv) Chairman and Deputy Chairman of the Rajya Sabha and 186 &
Legislative Council; 221
(v) Judges of the Supreme Court and High Courts and
(vi) Comptroller and Auditor-General of India.

3rd Schedule Forms of Oath and Affirmations of 75, 84, 99,

(i) Members of Legislatures, 124,
146,
(ii) Ministers,
173,
(iii) Judges of the Supreme Court and the High Courts and (iv) 188
Comptroller and Auditor-General of India. and
219

4th Schedule Allocation of Seats in the Rajya Sabha 4 and 80

5th Schedule Administration and control of Scheduled Areas and Scheduled Tribes 244

6th Schedule Administration of Tribal Areas in the states of Assam, Meghalaya, 244 and
Tripura and Mizoram. 275

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7th Schedule Distribution of Power between the Union and the State 246
Government.
It contains 3 lists :
(i) Union List (For central Govt.) 100 subjects but originally 97;
(ii) State List (for State Govt.) 61 subjects but originally 66 and
(iii) Concurrent List (Both Union & States) 52 subjects but originally
47.

8th Schedule Languages recognized by the Constitution. 344 and

Originally it has 14 languages but presently there are 22 Languages. 351

They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi,

Kannada, Kashmiri, Konkani, Maithili (Maithili), Malayalam,
Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali,
Sindhi, Tamil, Telugu and Urdu.

9th Schedule Acts and Regulations (originally 13 but presently 283) 31 - B

10th Schedule Provisions relating to disqualification of the members of Parliament 102 and
and State Legislatures on the ground defection. 191

This schedule was added by the 52nd Amendment Act of 1985, also
known as Anti-defection Law.

11th Schedule Specifies the powers, authority and responsibilities of Panchayats. 243 - G
It has 29 matters.
This schedule was added by the 73rd Amendment Act of 1992.

12th Schedule Specifies the powers, authority and responsibilities of 243 - W

Municipalities.
It has 18 matters.
This schedule was added by the 74th Amendment Act of 1992.

Division of Subjects given in the CONSTITUTION

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25
 PREAMBLE
THE PREAMBLE
• Preamble refers to the introduction or preface to the constitution which contains the summary of
the constitution.
• It is based on the 'Objective Resolution' drafted by Pt Jawaharlal Nehru, borrowed from US
Constitution.
• NA Palkhivala called the Preamble as the identity card of the constitution.
• The Preamble is neither a source of power to legislature nor a prohibition upon the powers of
legislatures.
• It is non-justiciable, that is, not enforceable by courts.
• It has been amended by the 42nd Constitutional Amendment Act (1976) which added three new
words —Socialist, Secular and Integrity.
• The idea of Justice - Social, Economic and Political have been taken from the Russian Revolution and
the idea of Liberty, Equality and Fraternity have been taken from the French Liberty Revolution.
• Preamble is the part of the constitution and amendment can be processed as discussed in the
Kesavananda Bharati Case (1973) while ratifying the Berubari Union Nation Case (1960).
• The Assembly adopted the Preamble as presented by the Drafting Committee without any
change.

The Preamble reveals four ingredients or components

1. Source of, authority of the Constitution : The Preamble states that the Constitution derives its
authority from the people of India;
2. Nature of Indian State : It declares India to be a sovereign, socialist, secular, less democratic and
republican polity;
3. Objectives of the Constitution : It specifies justice, liberty, equality and fraternity as the objectives
and
4. Date of adoption of the Constitution : It stipulates November 26, 1949 as the date.

26
Interesting Facts about Preamble of Indian Constitution

• It was enacted after the enactment of the entire Constitution of India

• The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976.
• The Preamble secures to all citizens of India liberty of belief, faith and worship
• Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet
Union (Russia) Constitution
• Republic and the ideals of liberty, equality and fraternity are borrowed from the French
Constitution
• Preamble, in itself, has been first introduced through the American Constitution

27
OBJECTIVE RESOLUTION

28
Key Takeaways
What is the purpose of Preamble?
• The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the guiding
purpose and principles of the document, and it indicates the source from which the document which
derives its authority, meaning, the people.
Is preamble a part of Indian Constitution?
• Yes, it is a part of the Indian constitution, also emphasized in Kesavananda Bharti Case.
Who wrote the preamble of India?
• The preamble of India contains tenets highlighted in the Objective Resolution drafted by Jawaharlal
Nehru in 1946
How many preamble does Indian Constitution have?
• Only 1 preamble along with 22 parts and 12 schedules and 448 articles, Indian Constitution today
exists
What is the most important word in the Preamble of India?
• Though no particular word has been given more importance than others, however, ‘We, the people
of India’ are the words which are termed as the most powerful in the Preamble to the Indian
Constitution
Why do we need a Preamble?
• It gives us a fundamental values and highlights of the Constitution
In which case, did the Supreme Court declare passed a judgement that Preamble is not a part of Indian
Constitution?
• In Berubari Case (1960), SC declared Preamble not to be a part of Indian Constitution

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 UNION & ITS TERRITORY
CITIZENSHIP
UNION & ITS TERRITORY
• Articles 1 to 4 under Part I of the constitution deal
with the union and its territory. At present, there are
29 states and 7 union territories.
• Article 1 describes India, that is Bharat, shall be a
Union Territories rather than a Federation of states.
The territory of India includes
o Territories of the states,
o Union Territories and
o Territories that may be acquired by the government of India at any time.
• Under Part XXI, there are special provisions applicable to the states of Maharashtra, Gujarat,
Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
• The Fifth and Sixth schedules contain separate provisions with respect to the administration of
scheduled areas and tribal areas within the states.

Evolution of States and Union Territories

• Article 3 authorizes the Parliament to form new states and alteration of areas, boundaries or names
of existing states.
• After independence, there has been a demand from different regions particularly South India, for
reorganisation of states on linguistic basis.
• In June 1948, the Linguistic Provinces Commission was appointed under the Chairmanship of SK
Dhar to study the issue. The Dhar commission suggested the reorganisation of states on the basis
of administrative convenience rather than linguistic factor.
• In December 1948, JVP Committee was constituted to study the issue and consisted of Jawaharlal
Nehru, Vallabh Bhai Patel and Pattabhi Sitaramayya.

30
• In December 1953, a three-member State Reorganisation Commission under the chairmanship of
Fazl Ali was constituted. Its other members were KM Panikkar and HN Kunzru. It accepted language
as the basis of reorganisation of states.
• In October 1953, Andhra state was created as first linguistic state.
• This followed a prolonged popular agitation and the death of Potti Sriramulu after a 56 day hunger
strike for the cause.

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 Territory of India 1950
States in Part - A States in Part - B States in Part - C States in Part - D

1. Assam 1. Hyderabad 1. Ajmer 1. Andaman and

Nicobar Island
2. Bihar 2. Jammu & Kashmir 2. Bhopal
3. Bombay 3. Madhya Bharat 3. Bilaspur
4. Madhya Pradesh 4. Mysore 4. Cooch-Behar
5. Madras 5. Patiala and 5. Coorg
East Punjab
6. Odisha 6. Rajasthan 6. Delhi
7. Punjab 7. Saurashtra 7. Himachal Pradesh
8. United Provinces 8. Travancore-Cochin 8. Kutch
9. West Bengal 9. Vindhya Pradesh 9. Manipur
10. Tripura
Foundation Day of Some States in India
January 1 Nagaland Day
January 21 Meghalaya, Manipur and Tripura Day
February 6 Jammu and Kashmir Day
February 20 Arunachal Pradesh and Mizoram Day
March 3 Rajasthan Day
March 11 Andaman and Nicobar Islands Day
March 22 Bihar Day
April 1 Utkal Day (Odisha Day)
April 14 Tamil Nadu Day
April 15 Himachal Pradesh Day
May 1 Gujarat and Maharashtra Day
May 16 Sikkim Day
June 2 Telangana Day
November 1 Chhattisgarh, Uttar Pradesh, Punjab, Madhya Pradesh, Karnataka, Kerala,
Andhra Pradesh, Haryana Day
November 9 Uttarakhand Day
November 15 Jharkhand Day
December 19 Goa Day

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 Formation of States
Formation of States

State Year Status Prior to Formation

Andhra Pradesh 1953 Part of the state of Madras.

Kerala 1956 State of Travancore and Cochin.

Karnataka 1956 State of Mysore was formed in 1953, enlarged

Mysore in 1956 which was renamed in 1973

Gujarat 1960 Part of the state of Bombay.

Maharashtra 1960 Part of the state of Bombay.

Nagaland 1961 Union Territory

Haryana 1966 Part of Punjab.

Himachal Pradesh 1970 Union Territory

Manipur, Tripura 1972 Union Territories.

Meghalaya 1972 Autonomous state within state of Assam.

Sikkim 1975 Associate state since 1974 and a protectorate of

India before that.

Mizoram 1987 District of Assam till 1972 and Union Territory

from 1972 to 1987.

Arunachal Pradesh 1987 Union Territory.

Uttarakhand 2000 Part of Uttar Pradesh.

Chhattisgarh 2000 Part of Madhya Pradesh.

Jharkhand 2000 Part of Bihar

Telangana 2014 Part of Andhra Pradesh.

NOTE : Goa, Puducherry, Dadra & Nagar Haveli and Sikkim were not a part of India at the time of
independence.
• Goa was liberated from Portuguese occupation in 1961,
• Puducherry along with Karaikal, Mahe and Yanam was transferred to India in 1954 by the French.
• Dadra & Nagar Haveli were liberated in 1954 from the Portuguese and
• Sikkim became part of India in 1974.

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 CITIZENSHIP
Part II of the Indian Constitution from Article 5 to 11 deals with the citizenship.
Acquisition of citizenship
• The Citizenship Act of 1955 provides for acquisition and loss of citizenship.
• It prescribes five ways of acquiring citizenship, viz, (i) Birth, (ii) Descent, (iii) Registration, (iv)
Naturalisation and (v) Incorporation of Territory.
(i) Citizenship by Birth : Every person born. in India on or after January 26, 1950, shall be a citizen of
India by birth.
(ii) Citizenship by Descent : A person born outside India on or after January 26, 1950, shall be a citizen
of India by descent of his/her father is a citizen of India at the time of his/her birth.
(iii) Citizenship by Registration : A non-citizen can apply for citizenship of India and can be registered
by the prescribed authority by the following conditions: (a) Is a person of Indian origin and has spent
five years in India; (b) Foreign women married to an Indian citizen and (c) Minor children of Indian
Parents.
(iv) Citizenship by Naturalisation : A foreigner can acquire Indian citizenship on application for
naturalisation to the government of India. Every naturalised citizen must take an oath of allegiance
to the Constitution of India.
(v) Citizenship by Incorporation of Territory : When any foreign territory is added to Indian Union,
People of that territory automatically become Indian citizens.

Loss of Citizenship
The Citizenship Act of 1955, prescribes three ways of losing citizenship. These are:
1. By Renunciation : If a person voluntarily gives up the citizenship of India after acquiring the
citizenship of another country.
2. By Termination : When an Indian citizen voluntarily acquires the citizenship of another country,
his/her Indian citizenship automatically terminates.
3. By Deprivation : Deprivation of citizenship is on the basis of fraud, false representation and
concealment of material, fact or being disloyal to the constitution.
People of Indian Origin (PIO)
• The Government of India launched a comprehensive scheme for the Persons of Indian Origin (PIO)
that is PIO card scheme on 19th August, 2002 under the Ministry of Home Affairs.
• For this scheme, Persons of Indian Origin up to the fourth generation. settledthroughout the world
are eligible except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka.

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 Citizenship Amendment Act, 2015
Persons of Indian Origin (PIO) cardholders shall be considered to be Overseas Citizen of India
cardholder
The eligibility provisions is being extended to such citizens of all other countries other than those
who had never been a citizen of Pakistan and Bangladesh.

• PIO card holders can visit India without any visa for life-long but PIO card is valid for 15 years.
• PIO Card holders to have similar benefits as NRIs in economic, financial and educational matters but
are not allowed to have political rights.

Overseas Citizen of India (OCI)

• The OCI scheme is operational from December 12, 2005.Aperson shall be registered as Overseas
Citizen of India (OCI) under the Citizenship Act, 1955.
• All the people of Indian origin in various countries, except in Pakistan and Bangladesh, whose
parents or grandparents migrated from India after 26 January, 1650 or were eligible to become
Indian citizens on 26 January, 1950 or belonged to a territory that became part of India after 15
August, 1947 will become eligible to be registered as the Overseas Citizens of India.

Singhvi Committee on Dual Citizenship

A high level committee on Indian Diaspora set up in September, 2000 under the Chairmanship
of L.M. Singhvi.
This committee recommended to grant Overseas Indian Citizenship to the people of Indian
origin. This provisions has made for OCI commonly known as dual citizenship to people of
Indian origin.

Key Takeaways (Citizenship)

Which articles in the Constitution deal with citizenship rights?
• Articles 5 to 11 deal with provisions relating to citizenship.
• Articles 5 to 10 deal with citizenship at the time of coming into force of the Constitution (ie until
January 1950).
• Article 11 empowers the Indian Parliament to make Regulate on Citizenship by law. It was in exercise
of this power that the Citizenship Act, 1955 was enacted.
What are the fundamental principles on Indian Citizenship?
• India’s is a constitutional democracy which, by law and the Constitution grants people of all faiths,
creeds, castes, languages and genders citizenship. All are equally and without discrimination, Indian.
How does one become a citizen of India?
Under the Citizenship Act, 1955, there are 5 methods of acquiring citizenship:

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• by birth
• by descent (those born outside India from Indian citizen parents)
• by registration
• by naturalisation (being ordinarily resident in India for twelve years)
• by acquisition of territory (e.g., Sikkim)
How does a foreigner become a citizen of India?
• A foreigner can apply for citizenship by means of registration or naturalization, each of these have
certain specific provisions that need to be fulfilled in order to acquire citizenship.
What rights do foreigners have in India?
• Foreigners are entitled to fundamental right of life and personal liberty.
Who is an illegal migrant as per Citizenship Act, 1955?
• Under section 2(1)(b), an illegal migrant is defined as any person who entered India without a valid
passport or travel document or having entered India with a valid passport or travel document, has
stayed behind after its expiry.
Can an illegal migrant apply for citizenship by naturalization or registration?
• No. The Citizenship Act, 1955 (before the 2019 amendment) does not entitle illegal migrants to
acquire citizenship by naturalization or registration.
What is the mode of citizenship for illegal migrants as per the newly amended CAA, 2019?
• The Citizenship Amendment Act, 2019 provides for citizenship by naturalisation to illegal migrants,
relaxing the pre-requisite of residence in India to 5 6 years, as opposed to 11 years for other
foreigners.
What are the major amendments made to Citizenship Act, before CAA?
• From the birth of the Indian republic (1950) until 1987 a person has had to be born here to be an
Indian citizen; after 1987, apart from her/his birth one of the parents has to have been born Indian;
after 2004, in addition to one of the parents being born here, the other should not be an illegal
migrant.
Does the Citizenship Act provide for maintenance of a National Register of Citizens?
• Yes. The Act was amended in 2004 to include section 14A which says that the government may
maintain a National Register of Citizens to issue national identity card to citizens.

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 Key Takeaways ( Citizenship Amendment Act (CAA), 2019)
What is Citizenship Act?
• The Citizenship Act, 1955 provides for acquisition, determination, and termination of Citizenship of
India, which can be acquired by birth, by descent, by registration, or by naturalization or by
incorporation of territory. Any foreigner on becoming eligible can acquire citizenship by registration
or
by naturalization irrespective of his country or his community.

What is Citizenship (Amendment) Act (CAA)?

• The Citizenship (Amendment) Act, 2019 (CAA) enables migrants/foreigners of six minority
communities from three countries, who have come to India because of religious persecution, to
apply for Indian citizenship.
Who does the CAA apply to?
• It is applicable only for Hindu, Sikh, Jain, Buddhist, Parsi and Christianforeigners, who have migrated
from Pakistan, Bangladesh, and Afghanistaninto India up to 31.12.2014, on account of religious
persecution.
Does the CAA affect any Indian citizen (Hindus, Muslims, anyone)?
• No. The CAA does not affect any Indian citizens, including Muslim citizens.
How does it benefit Hindu, Sikh, Jain, Buddhist, Parsi and Christianforeigners hailing from Pakistan,
Bangladesh, and Afghanistan?
• The CAA creates the legal right for the six minority communities from the threecountries to apply
for Indian citizenship, if they were religiously persecuted, even without travel documents like
passport and visa. The process of obtaining Indian citizenship through naturalization will be
expedited for them. Unlike other foreigners, they are eligible to get citizenship after a total
residency period of six (1+5) years. For other foreigners, this period is twelve (1+11) years.
What happens to the refugees presently in India?
• There are more than 200,000 Sri Lankan Tamils in India and more than fifteen thousand Afghans,
20-25 thousand Rohingyas and a few thousand other refugees of different nationalities presently
live in India. It is expected that someday these refugees will return to their homelands when
conditions improve there.
• Each country including India has its own rules for naturalization. India is not a signatory to the UN
Convention of 1951 and the UN Protocol of 1967 on Refugees. Hence, India is under no obligation
to offer such migrants its citizenship

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 Is there any link between CAA and National Register of Citizens (NRC)?
• No. The CAA has no link with NRC. The legal provisions regarding NRC have been part of the
Citizenship Act, 1955 since December 2004. Also, there are specific statutory rules of 2003 to
operationalize these legal provisions. They govern the process of registration of Indian citizens
and the issuance of national identity cards to them. The CAA has not altered these legal
provisions.
What is National Population Register (NPR)?
• NPR is a process for collection of data for all persons resident in India, including declared foreign
citizens, to create a comprehensive data base of all residents.
• The procedures to be followed for preparing the NPR are laid down in the Citizenship rules 2003.

How will NPR be conducted?

• NPR updation in 2020 will be conducted with the first phase of census 2021. NPR does not require
any individual to provide any documentation and no identity card will be issued under NPR. NPR
was first conducted in 2010-11 along with the census.
How is NPR different from AADHAR?
• AADHAR is individual data whereas NPR contains family-wise data. Such familywise data is essential
for the successful implementation of various government schemes. It is not possible to construct
family-wise data from AADHAR

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 FUNDAMENTAL RIGHTS
What are Fundamental Rights?

• Fundamental rights are the basic human rights enshrined in the Constitution of India
• They are guaranteed to all citizens.
• They are applied without discrimination on the basis of race, religion, gender, etc.
• Fundamental Rights are Enshrined in Part-III of the Indian Constitution from Articles 12 to 35.
• They are based on the Bill of Rights of the USA
• Part III of the Constitution is described as the Magna Carta of India.

Why are they called Fundamental Rights?

• They are enshrined in the Constitution which guarantees them

• FRs are justiciable (enforceable by courts). In case of a
violation, a person can approach a court of law.
• Originally, the constitution provided for seven Fundamental
Rights but at present, there are only six
1) Right to Equality
2) Right to Freedom
3) Right against Exploitation
4) Right to Freedom of Religion
5) Cultural and Educational Rights
6) Right to Constitutional Remedies.

Fundamental Rights at a Glance

Category Consists of
1. Right to Equality (a) Equality before law and equal protection of laws
(Article 14-18) (Article 14).
(b) Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth.
(Article 15).
(c) Equality of opportunity in matters of public employment (Article 16).
(d) Abolition of untouchability and prohibition of its practice (Article 17).
(e) Abolition of titles except military and academic (Article 18).

39
 2. Right to Freedom (a) Protection of six rights regarding freedom of : (i) speech and
(Article 19-22) expression, (ii) assembly, (iii) association, (iv) movement, (v)
residence, and (vi) profession (Article 19).
(b) Protection in respect of conviction of offences (Article 20)
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention (Article 22)
3. Right against (a) Prohibition of traffic in human beings and forced labour (Article 23).
Exploitation (b) Prohibition of employment of children in factories, etc. (Article 24).
(Articles 23-24)
4. Right to Freedom of (a) Freedom of conscience and free profession, practice and propagation
Religion of religion (Article 25).
(Articles 25-28) (b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes of promotion of any religion (Article
27).
(d) Freedom from attending religious instruction or worship in certain
educational institutions (Article 28).
5. Cultural and (a) Protection of language, script and culture of minorities (Article 29).
Educational Rights (b) Right of minorities to establish and administer educational
(Articles 29-30) institutions (Article 30).
6. Right to (Article 32)
Constitutional Right to move the Supreme Court for the enforcement of fundamental rights
Remedies including the writs of
(Article 32) (a) Habeas corpus,
(b) Mandamus,
(c) Prohibition,
(d) Certiorari and
(e) Quo Warranto

Important articles in fundamental rights:

Name of the article Article deals with
Article 14 Equality before law
Article 17 Abolition of untouchability
Article 18 Abolition of titles
Article 19 (a) Right to freedom of speech and expression
Article 21 Protection of life and personal liberty
Article 25 Freedom to practice religion
Article 30 Right of minorities to establish institutions

40
Note:
(i) Fundamental Rights available only to citizens and not to foreigners: Article 15, Article 16, Article
19, Article 29 and Article 30.
(ii) Fundamental Rights available to both citizens and foreigners (except enemy aliens) : Article 14,
Article 20, Article 21, Article 21A, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27
and Article 28.

Rule of law
• The concept of equality, before law is an element of the concept of 'Rule of law', propounded by AV
Dicey, the British Jurist.

Right To Education (RTE)

86th Amendment Act, 2002 inserted Article 21A in the constitution of India to provide
free and compulsory education to all children in the Age group of 6-14 Years.
The Parliament enacted the Right of children to free and compulsory education (RTE)
Act, 2009.
Aim to achieve Education for All

Right to Information Act (RTI), 2005

RTI Act 2005, came into force on October 2, 2005.

Revolutionary step in the direction of Making the system of governance and
administration transparent and accountable
It extends to whole of India except the state of Jammu & Kashmir

Preventive Detention
• Preventive detention means detention of a person without trial and conviction by a court. It is only
a precautionary measure and based on suspicion. The provisions for preventive detention have
been mentioned in Article 22.
• The purpose of preventive detention is to prevent a person from committing a crime by arresting
such person even before he has committed any such crime.
• The 44th Amendment reduced the maximum duration of detention from 3 months to 2 months.

Why Right to Property is not a Fundamental Right?

• The Right to property (Article 31) was deleted from the list of Fundamental Rights by the 44th
Amendment Act, 1978.
• This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.
• It is made a legal right under Article 300 A in Part XII of the Constitution.

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Right to Constitutional Remedies

Type of Writ

Type of Writ Meaning of the Word Purpose of Issuance

Habeas Corpus Have the body The release of a person who has been
detained unlawfully whether in
prison or in private custody.

Mandamus Command Command issued to a public official

asking him to perform his official
duties that he has failed or refused
to perform

Certiorari To be certified or to be To squash the order-already passed by

informed an inferior court, tribunal or quasi
judicial authority.

Prohibition Stay order or to forbid To prohibit an inferior court from

continuing the proceedings in a
particular case where it has no
jurisdiction to try

Quo Warranto What is your authority Or To restrain a person from holding a

by what warrants? public office which he is not entitled.
• Apart from the judiciary, many other mechanisms have been created in later years for the
protection of rights. etc. National Commission on Minorities, the National Commission on Women,
the National Commission on Scheduled Castes etc. These institutions protect the rights of women,
minorities or Dalits. Besides, the National Human Rights Commission has also been established by
law to protect the fundamental and other kinds of rights.

Important Backward Classes Commission/Committee

(i) Mandal Commission : In 1979, the Morarji Desai Government appointed the Backward Classes
Commission under the chairmanship of B. to investigate the conditions of the socially and
educationally backward classes and suggest measures for their advancement The commission
submitted its report in 1980 and recommended 27% jobs reservation for other backward classes
(ii) Ram Nandan Committee : Appointed to identify the creamy layer among the OBCs.It submitted its
report in 1993.

National Commission for Backward Classes

42
 • Established in 1993 by an Act of parliament. NCBC was a statutory body under the Ministry of
Social Justice and Empowerment.
• 102nd Constitution Amendment Act, 2018 provides constitutional status to the National
Commission for Backward Classes (NCBC).
• It has the authority to examine complaints and welfare measures regarding socially and
educationally backward classes.
• It considers inclusions in and exclusions from the lists of castes notified as backward for the
purpose of jobs reservation.

Features of Fundamental Rights

• They are different from ordinary legal rights because
they are enforced.
• They are justiciable, implying they are enforceable by
courts. People can approach the SC directly in case of
violation of fundamental rights.
• If a legal right is violated, the aggrieved person cannot
directly approach the SC bypassing the lower courts. He
or she should first approach the lower courts.
• Fundamental rights are not absolute rights.
• They have reasonable restrictions as they are subject to
the conditions of state security, public morality and
decency and friendly relations with foreign countries.
• Fundamental rights can be amended by the Parliament
by a constitutional amendment but only if the
amendment does not alter the basic structure of the
Constitution.
• Fundamental rights can be suspended during a national emergency. But, the rights guaranteed
under Articles 20 and 21 cannot be suspended.

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 Key Takeaways (Fundamental Rights)
1. India is referred as ___ under the Indian Constitution.
Bharat

2. Which important Human Right is protected in Article 21 of our Constitution?

Right to Life and Liberty

3. The Constitution confers a special authority for the enforcement of FRs on the ?
Supreme Court

4. The FRs of the Indian Citizen in our Constitution are contained under which Part of the Indian
Constitution.
Part III

5. Under Article 368, Parliament has no power to repeal FRs because they are ?
Basic Structure of Constitution

6. FRs can be claimed against the _______ ?

State

7. The FRs, which cannot be suspended even during the emergency, are Articles _____.
Art 20 and 21

8. Original Constitution classified FRs into seven categories but now there are ?
Six
9. India borrowed the idea of incorporating FRs in the Constitution from ----
USA

10. By which FR other FRs is protected? --- ------

Right to Constitutional Remedies

11. Right to Property is a legal right under the Article ____.

300A

12. The Right to private property was dropped from the list of FRs by the ________ Amendment Act.
44th Amendment

44
13. The Right to equality guaranteed by the Indian Constitution does not include _______
Economic Equality

14. ‘Equality before the Law’ implies ____

absence of any privilege in favor of any person

15. Which Resolution for the first time expressed the concept of equality before the law? ---
Swaraj Bill

16. Which FR was described by Dr. B. R. Ambedkar as the ‘Heart and Soul of the Constitution’?
Right to Constitutional Remedies

17. The Constitutional remedies under the Article 32 can be suspended by the ----
Parliament

18. Writs can be issued for the enforcement of FRs by the ---
Supreme Court

19. Who enjoys the right to impose reasonable restrictions on the FRs of Indian citizen?
Parliament

20. Who can abridge any FR without damaging or destroying the basic features of the Constitution?
Parliament

21. Who is the Protector and Guarantor of the FRs?

Supreme Court

22. Any violation of FRs can be presented to ___

Both Supreme and High Courts

23. The FRs of the Indian citizen can be suspended by the ________during national emergency
President

24. ‘Ultra vires’ means ----

Without authority

25. In which case did the Supreme Court restrict the authority of Parliament to amend FRs and
declared these rights to be absolute, permanent and unalterable? ---
Golak Nath Case

45
26. In the famous Keshavananda Bharti V/s State of Kerala Case, the Supreme Court asserts the power
of the parliament to amend the Constitution under Article 368 subject to ----
Certain implied and inherent limitation of not amending the Basic Structure of the Constitution

27. ‘Rule of Law which permeates the entire fabric of the Indian Constitution excludes arbitrariness’.
This principle was laid down in ----
Maneka Gandhi V/s Union Government Case

28. A Preventive Detention Act restraints the Right to ---

Freedom of Movement

29. Gender Equality includes protection from sexual harassment and right to work with dignity, which
is universally recognized as basic Human Right. This principle is laid down in ---
Vishaka V/s State of Rajasthan Case

30. The principle of Judicial review of President’s Rule in State under the Article 356 is laid down in
S.R. Bommai V/s Union of India

31. Right to Equality is guaranteed under the Article ____.

14

32. Equal opportunity in matters of public employment is guaranteed under the Article ---
16

33. Which FRs abolishes discrimination?

Equality

34. Untouchability is associated with _______ inequality.

Social

35. ‘Right to Freedom’ can be restricted in the interest of ----

Public order, Security of the State & Friendly relations with foreign States

36. The Sikhs in India are permitted to carry Kirpans. Under which FR are they permitted to do so?
Right to freedom of religion

46
37. Freedom of Speech under the Indian Constitution is subject to reasonable restrictions on the
grounds of protection of ---
Sovereignty and integrity of the country

38. Which FR is considered as Bulwark of Democracy?

Right to Speech

39. The main objective of the cultural and educational rights granted to the citizens is to ----
Help the minorities to conserve their culture

40. A person can move to Supreme Court directly in vent of violation of FRs under Article---
32

41. Which FR granted by the Constitution prohibits traffic in human beings?

Right against exploitation

42. Right to practice and propagate any religion is the subject to ---
public order

43. Right to property was eliminated form the list of FRs during the tenure of which Prime Minister
Morarji Desai

44. Legal equality under the Indian Constitution implies that

there should be equality amongst equals and inequality among unequals

45. Which of the Provision authorizes Parliament to make special provisions for in favor of women
and children?
Article 15 (3)

46. Article 15 (3) confers a special provisions to --- ------

Women and Children

47. Article 15 (4) confers a special provisions for the advancement of ----
SCs and STs

48. The principle “No person shall be prosecuted and punished for same offence more than once” is
----- --------Double jeopardy

47
49. If an Act is not an offence on the date of its commission, a law enacted in future cannot make it
so, is the principle of ----
Ex-post facto law

50. Article 21A was inserted under our Constitution by way of ____ Constitutional Amendment.
86th

51. Earlier to 86th Amendment, Article 21A was in the form of ----
DPSP

52. What is the object of Article 21A of the Constitution? ----

Education

53. Right to education guaranteed under the Article 21A shall be between the age group of ---
6-14
54. Right to Education is a part of
Right to life

55. Which Article guarantees the Right of minorities to establish and administer the educational
institutions? ---
Art 30

56. The Right to establish educational institutional under Article 30 is applicable to ---
Linguistic Minority

57. Right to Decent environment includes

Right to life

58. Freedom of press is included in Right to ----

freedom of speech and expression

59. A citizen of India may be debarred from the Right to vote on the ground of ---
unsoundness of mind, crime or corrupt or illegal practice & non-resident

60. Freedoms guaranteed under the Article 19 are suspended during emergency on the ground of ---
-
War or external aggression

48
61. Article 19(2) under the Indian Constitution speaks about ---
Reasonable restrictions

62. Freedom of religion guaranteed under the Article 25 is applicable to ---

Citizens as well as non citizens

62. Article 25 guarantees freedom of religion, but it is subject to ----

Public order, Morality & Health

63. ‘Contempt of Court’ places restriction on which FR?

Right to Freedom

64. How many types of writs are there?

5

65. The writ of Habeas Corpus is issued ----

in the form of an order calling upon a person who has detained another person to bring that person
before court and show authority for such detention

66. The writ of Quo Warranto is an order from a superior court ----
whereby it can call upon a person to show under what authority he is holding the office

67. The writ of Mandamus is issued by a superior court to ---

command a person or public authority to do something in the nature of the public duty

68. The writ of Certiorari is issued by a superior court ----

to an inferior court to transfer the record of proceedings in a case for review

69. The writ of Prohibition is issued by a superior court ----

to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of
natural justice

70. Exploitation of any sort is prohibited under the Article ----

23

71. Child labor is prohibited under the Article ---

24

49
72. Writ of Habeas Corpus means ---
produce the body before the court

73. Which writ is a bulwark of personal freedom? ---

Habeas Corpus

74. Which one of the following writs literally means ‘you may have the body’? ---
Habeas Corpus

75. Right to Property was excluded form the FRs during the tenure of the Government headed by ----
Morarji Desai

76. What is the minimum permissible age in years of employment in any factory or mine according
to Art 24?
14 yrs

77. Which Article of the Constitution of India says, “No child below the age of 14 years shall be
employed to work in any factory or mine or engaged in any other hazardous employment?” ---
Art 24

50
DIRECTIVE PRINCIPLES OF STATE POLICIES
(DPSP)
FUNDAMENTAL DUTIES
DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)
• Enumerated in Part IV of the Constitution from Articles 36 to 51. Borrowed this idea from the Irish
Constitution.
• Dr. B.R. Ambedkar described these principles as novel features of the Indian constitution. The
Directive Principles along with the fundamental rights contain the philosophy of the constitution
and is the soul of the constitution.
• Directive Principles of State Policy denotes the ideals that the State should keep in mind while
formulating policies and enacting laws. These are the constitutional instructions or
recommendations to the State in legislative, executive and administrative matters.
• The Directive Principles resemble the Instrument of Instructions. (Dr BR Ambedkar)

Classifications of the Directive Principles

• On the basis of content and directions, they can be classified into 3 broad categories, viz,
1. Socialistic/Welfare Principles,
2. Gandhian Principles and
3. Liberal-intellectual Principles.

1. Socialistic/Welfare Principles

• Lay down the framework of a democratic socialist state and set the path towards welfare state.
• Article 38 : State to secure a social order for the promotion of welfare of the people.
• Article 39 : The State shall, in particular, direct its policy towards securing: the citizen, men, and
women equally have the right to an adequate means of livelihood; the ownership and control of the
material resources of the community are so distributed as best to serve the common good; there is
equal pay for equal work for both men and women; the health and strength of workers, men, and
women, and the tender age of children are not abused and that citizens are not forced by economic
necessary to enter vocations unsuited to their age of strength.
• Article 39A : Promotes equal justice and provides free legal aid to the poor.

51
• 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 : Living wages and proper conditions of
work to all the workers.
• Article 43A : Secure the participation of workers in
the management of industries.
• Article 47 : Raise the level of nutrition, standard of
living and improve public health.

2. Gandhian Principles

• Article 40 : Organization of village panchayats.

• Article 43 : Promotes cottage industries in rural
areas.
• Article 43B : Promotes co-operative societies.
• Article 46 : Promotion of education and economic
interests of Scheduled Castes (SCs), Scheduled
Tribes (STs), and other weaker sections.
• Article 47 : Duty 'of the state to raise the level of nutrition and to improve public health by
prohibiting the consumption of intoxicating drinks.
• Article 48 : To prohibit the slaughter of cows, calves and other milch and draught cattle and to
improve their breeds.

3. Liberal-intellectual Principles

• Article 44 : Uniform civil code for the citizens.

• Article 45 : Provision for free and compulsory education for children below 14 years.
• Article 48: Organizing of agriculture and animal husbandry on scientific lines.
• Article 48 : To protect and improve the environment, forest and wild life.
• Article 49 : Protection of monuments and places and objects of national importance.
• Article 50 : Separation of judiciary from executive
• Article 51 : Promotion of international peace and security.

52
New Directive Principles

• Article 38 added one more Directive Principle, which requires the state to minimize inequalities in
income status, facilities and opportunities under Article 38 (44th Amendment Act, 1978).
• Article 39 : To secure opportunities for healthy development of children (42nd Amendment Act,
1976).
• Article 39A To provide free legal aid to the poor (42nd Amendment Act, 1976).
• Article 43A To take steps to secure the participation of workers in the management of industries
(42nd Amendment Act, 1976).
• Article 48 A: To protect and improve the environment and to safeguard forests and wildlife. (42nd
Amendment Act, 1976).

Important articles in DPSP:

• Article 39-A: Free legal aid to the poor

• Article 40: Organisation of village Panchayats.
• Article 43 A: Participation of workers in the management of industries.
• Article 44: Uniform Civil Code
• Article 48: To prohibit cow slaughter
• Article 50: Separation of Judiciary from executive.

Directives Outside Part IV

There are some other Directives contained in other parts of the Constitution.
• Claims of SCs and STs to Services : The claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency
of administration, in the making of appointment to services and posts in connection with the affairs
of the Union or a St ate (Article 335 in Part XVI).

53
• Instruction in mother tongue: It shall be the endeavor of every state and every local authority within
the state to provide adequate facilities for instruction in the mother tongue at the primary stage of
education to children belonging to linguistic minority groups (Article 350 A in Part XVIII).
• Development of the Hindi Language: It shall be the duty of the Union to promote the spread of the
Hindi language and to develop it so that it may serve as a medium of expression for all the elements
of the composite culture of India (Article 351 in Part XVII).

Differences between Fundamental Rights and Directive Principles

Fundamental Rights Directive Principles

▪ These are justiciable. They are legally ▪ These are non-justiciable. They are not
enforceable by the courts in case :o legally enforceable by the courts for
their violation. their violation.

▪ These have legal sanctions. ▪ These have moral and political

sanctions.

▪ These are negative as they prohibit the ▪ These are positive as they require the
State from doing certain things. State to do certain things.

▪ They aim at establishing politic ▪ They aim at establishing social and

democracy in the country. economic democracy in the country.
▪ They promote the welfare of the ▪ They promote the welfare of the
individual. Hence, they are persona community. Hence, they are socialistic
and individualistic.

54
 FUNDAMENTAL DUTIES
• The original constitution contained only the fundamental rights and not the fundamental duties. In
1976, the Fundamental Duties of Citizens were added by 42nd Constitutional Amendment Act, 1976
on the basis of Swarn Singh Committee, in Part IVA under Article 51A.
• Originally, there were 10 fundamental duties but at present, there are 11 fundamental duties. In
2002, one more duty was added.
• FD is borrowed from the constitution of USSR Former Soviet Union.

Article51A : Fundamental Duties

It shall be the duty of every citizen of India :
1. To abide by the Constitution and respect its ideals and institutions, the national flag and the
national anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious linguistic and regional or sectional diversities to renounce practices
derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and
to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and reform
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.
11. To provide opportunities for education to his child or ward between the age of six and fourteen
years (This duty was added by the 86th Constitutional Amendment Act, 2002).

55
 UNION EXECUTIVE
GOVERNMENT
• Government is a group of people with the authority to govern a country or state.
• There are three main organs of the government:
• Legislature : Entrusted with the task of making the laws, amend or repeal;
• Executive : Entrusted to implement, execute or-administer laws; and
• Judiciary : Entrusted to interpret and enforce laws and to administer justice.

Union Executives
• Articles 52 to 78 in Part V of the
constitution deal with the union executive.
• It consists of the President, the Vice-
President, the Prime Minister, the Council
of Ministers and the Attorney General of
India.

State Executive
• Articles 153 to 167 in Part VI of the
constitution deal with the state executive
which consists of the Governor, the Chief
Minister, the Council of Ministers and the
Advocate General of the State.

56
 PRESIDENT OF INDIA
• The President is the head of the Indian State.
• He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.

Article-No. Subject Matter

Article 52. The President of India

Article 53. The executive power of the President

Article 54. Election of the President

Article 55. Manner of Election of the President

Article 56 Term of office of president

Article 57. Eligibility of re-election

Article 58. Qualification for election as President

Article 59. Conditions of the president’s office

Article 60. Oath or affirmation by the President

Article 61. Procedure for impeachment of the President

Article 62. Time of holding an election to fill a vacancy in the office of President

Article 65. Vice president to act as president or to discharge his functions

Article 71. Matters relating to the election of the President

Article 72. Powers of the president to grant pardons etc. and to suspend, remit or
commute sentences in certain cases

Article 74. Council of Ministers to aid and advise the President

Article 75. Other provisions as to ministers like an appointment, terms, salaries, etc.

Article 78. Duties of Prime Minister with respect to the furnishing of information to the
president etc.

Article 85. Sessions of parliaments, prorogations and dissolution

Article 111. Assent to bills passed by the parliaments

Article 123. Power of President to promulgate ordinances

Article 143. Power of President to consult the Supreme Court

57
 Office of the President
• Article 52 provides for the office of the President of India.

Election of the President

• Article 54 deals with the election of the President.
• The President's election is held in accordance with the system of proportional representation by
means of a single transferable vote and the voting takes place by secret ballot.
• The President is elected not directly by the people but by members of electoral college consisting
of:

1. The elected members of both the houses of Parliament;

2. The elected members of the legislative assemblies of the states; and

3. The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Qualification of the President

• Article 58: Under Article 58, a person to be eligible for the election of the President should fulfill the
following conditions:

1. He should be a citizen of India;

2. He should have completed 35 years of age;
3. He should be qualified for election as a member of the Lok Sabha and
4. He should not hold any office of profit under union government or any local or other authority.

Term of the President

• The president holds office for a term of five years from the date on which he enters upon his office.
• A person who holds, or who has held the office of the President is eligible for re-election to that
office.
• He can resign from his office at any time by addressing the resignation letter to the Vice-President
of India.

Oath and Affirmation of the President

• The Oath of office to the President is administered by the Chief Justice of India and in his absence,
by the senior most judge of the Supreme Court available.

Impeachment of President of India

• Article 61: Article 61 provides that the President may be removed by impeachment from his office
on grounds of violation. of the constitution.

58
• The impeachment charges may be initiated by either house of the parliament and the charges
should be signed by 1/4th of the members of the house which framed the charges. The resolution of
the charges should be passed by the majority of 2/3rd of its total membership of each houses.
• Regarding these charges fourteen (14) days notice should be given to the President.

Vacancy in the President's Office

• If the office falls vacant, then election to fill the vacancy should be held within six months from the
date of the occurrence of such a vacancy.
• Vacancy occurs due to his resignation, removal, death or otherwise.
• The Vice-President acts as the President until a new President is elected.
• In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant,
the senior most judge of the Supreme Court available) acts as the President or discharges the
functions of the President.

Powers of the President

1. Executive Powers
• All executive actions of the Government of India are formally taken in his name.
• Appoints the Prime Minister and the other Minister, the Attorney General of India, the Comptroller
and Auditor General of India, the Chief Election Commissioner and other Election Commissioners,
the Governors of the states, the Chairman and members of Finance Commission and so on.
• Appoints a commission to investigate into the conditions of SCs, STs and other backward classes
(OBCs).
• Appoints an inter-state council to promote Centre-State and Inter-State cooperation.

2. Legislative Powers
• Summons or prorogues the Parliament and dissolve the Lok Sabha.
• Summons a joint sitting of both the houses of Parliament which is presided over by the speaker of
the Lok Sabha.
• Nominates 12 members of the Rajya Sabha and 2 members to the Lok Sabha from the Anglo-Indian
Community.

3. Financial Power
• Only with his prior recommendation money bills can be introduced in the Parliament.
• Constitutes a finance commission after every five years to recommend the distribution of revenues
between the centre and the states.

59
4. Judicial Powers
• Appoints the Chief Justice and the Judges of Supreme Court
and High Courts.
• Grant pardon, reprieve, respite and remission of punishment,
or suspend, remit or commute the sentence of any person
convicted.

5. Diplomatic Powers:
• The international treaties and agreements are negotiated and
concluded on behalf of the President.
• He represents India in international forums and
affairs and sends and receives diplomats like
ambassadors, high commissioners, and so on.

6. Military Powers
• He is the Supreme Commander of the defense
forces of India. He appoints the chiefs of the
Army, the Navy and the Air force.
• He can declare war or conclude peace, subject to the approval of the Parliament.

7. Emergency Powers
The President can proclaim emergency in three conditions. These are:
1. National Emergency (Article 352): It arises out of war, external aggression or armed rebellion
within the country.
2. President's Rule or Constitution Emergency (Article 356) : Imposed due to failure of the
constitutional machinery in the states.
3. Financial Emergency (Article 360) : Imposed due to a threat to financial stability or credit of India.

Emergency Declaration so far

1. First proclamation of National Emergency was declared in October, 1962 on account of

Chinese aggression.
2. Second national emergency was made in December, 1971 in the wake of attack by Pakistan.
3. Third Proclamation of National Emergency was made in June, 1975 on the ground of internal
disturbance.
Note: No Financial emergency has been declined in India till date.

60
8. Veto Power of President
• The President of India is vested with three types of veto absolute veto, suspensive veto and pocket
veto. The President has no veto power in respect of a Constitutional amendment bill.
• The President has the veto power over the bills passed by the parliament. They are types:
1. Absolute veto : Withholding of assent.
2. Suspensive veto : instead of refusing the assent, the President returns the Bill or part of it for
the reconsideration.
3. Pocket veto : taking no action on the bill. In 1986, President Giani Zail Singh exercised the pocket
veto with respect to the Indian post office bill during the Rajiv Gandhi Government.
4. Qualified veto : sending back of a bill, which can be overridden by the legislature with a higher
majority.

9. Pardoning Power of the President (Art 72)

1. Pardon : removes both the sentence and the conviction.
2. Commutation : substitution of one form of punishment for a lighter form.
3. Remission : reducing the period of sentence without changing its character.
4. Respite : awarding a lesser sentence in place of one originally awarded due to some special fact
like physical disability of a convict or the pregnancy of woman offender.
5. Reprieve : a stay of the execution of a sentence for a temporary period to enable the convict to
have time to seek pardon or commutation from the President.

Presidents of India
Presidents of India

Name Tenure Important Facts

1. Dr. Rajendra Prasad
2. Dr. Sarvapalli
Radhakrishnan
3. Dr. Zakir Hussain
4. Varahagiri Venkatagiri
1950-1962 First President and also had the longest
tenure (12 years).
1962-1967 Was also first Vice-President of India.
1967-1969 Shortest tenure; First Muslim President;
First President to die in office.
1969-1969 First acting President of India.

61
5. Justice Mohammad 1969-1969 Was also the Chief Justice of India and
Hidayatullah second Acting President.
6. Varahagiri Venkatagiri 1969-1974 -
7. Fakhruddin Ali Ahmed 1974-1977 Died in office
8. B.D. Jatti 1977-1977 Acting President
9. N. Sanjeeva Reddy 1977-1982 Youngest President (64 years)
10. Giani Zail Singh 1982-1987 First Sikh President
11. Dr. Venkataraman 1987-1992 Oldest President (76 years)
12. Dr. Shankar Dayal 1992-1997 -
Sharma
13. Kr Narayanan 1997-2002 First Dalit President
14. Dr. APJ Abdul Kalam 2002-2007 First Scientist to become President.
15. Mrs Pratibha Patil 2007-2012 First woman to become President
16. Pranab Mukherjee 2012-2017 -
17. Ram Nath Kovind 2017-Till Date -

62
 VICE PRESIDENT & GOVERNOR
VICE-PRESIDENT
• Article 63 : There shall be a Vice-President of India.
• The Vice-President occupies the second highest office in the
country.
• This office is modeled on the lines of the American Vice-
President.
• Article 65 : The Vice-President shall be ex-officio Chairman
of the Council of States and shall not hold any other office of
profit:
• Provided that during any period when the Vice-President
acts as President or discharges the functions of the President under article 65, he shall not perform
the duties of the office of Chairman of the Council of States and shall not be entitled to any salary
or allowance payable to the Chairman of the Council of States under Article 97

Election
• Election is held in accordance with the system of proportional representation by means of the single
transferable vote and the voting is by secret ballot.
• He is elected by the members of an electoral college consisting of the members of both houses of
parliament.

Qualifications
• Should be a citizen of India
• Completed 35 years of age
• Qualified for election as a member of the Rajya Sabha
• Should not hold any office of profit.

Oath or Affirmation
• Oath is administered by the president or some person appointed in that behalf by him.

Term of Office
• Holds office for a term of 5 yrs and can address the resignation letter to the President anytime.
• Can be removed by a resolution of the Rajya Sabha passed by an absolute majority and agreed by
the Lok Sabha.
• Atleast 14 days advance notice has to be given, before a resolution for his removal is considered.

63
Power and Functions
• Acts as the ex-officio chairman of Rajya Sabha.
• Acts as President when a vacancy occurs in the office of the President due to his resignation,
removal, death or otherwise.

List of Vice-President
Name Tenure
1. Dr. Sarvapalli Radhakrishnan [1st Vice-President; had the 1952 to 1962
longest tenure (10 years]
2. Dr. Zakir Hussain 1962 to 1967
3. Varahgiri Venkatagiri 1967 to 1969
4. Gopal Swarup Pathak 1969 to 1974
5. BD Jatti 1974 to 1979
6. Justice Mohammad Hidayatullah 1979 to 1984
7. R Venakataraman 1984 to 1987
8. Dr. Shankar Dayal Sharma 1987 to 1992
9. K.R. Narayanan 1992 to 1997
10. Krishan Kant (Died in office) 1997 to 2002
11. Bharion Singh Shekhawat 2002 to 2007
12. Mohammed Hamid Ansari (Tenure of 10 Years) 2007 to 2017
13. Venkaiah Naidu 2017 to till date

64
 GOVERNOR
• The governor is the chief executive head of the state. He is a nominal executive head and acts as an
agent of the central government.
• Usually, there is a governor for each state, but the 7th constitutional Amendment Act of 1956 states
the appointment of the same person as a governor for two or more states.

Appointment of Governor :
• Neither directly elected by the people nor indirectly elected by a specially constituted electoral
college. He is appointed by the President

Qualifications :
• Should be a citizen of India; Completed the age of 35 years.
• Two conventions :
o (a) Should not belong to the state where he is appointed;
o (b) While appointing the governor, the President is required to consult the Chief Minister
of the state concerned.

Oath :
• Administered by the chief justice of the concerned State High Court and in his absence, the senior-
most judge of the court.

Term :
• The governor has no security of tenure and no fixed term of office, re-appointment in the same
state or any other state is allowed.
• Holds office for a term of 5 years from the date on which he enters upon his office. He may be
removed by the President at any time. Resign at any time by addressing a resignation letter to the
President.

Powers and Functions of Governor

• A governor possesses executive, legislative, financial and judicial powers more or less analogous to
the President of India.

65
• Governor has no diplomatic, military or emergency powers like the President.

PARDONING POWERS OF PRESIDENT AND GOVERNOR

President
1. He can pardon, reprieve, respite, remit,
suspend or commute the punishment or
sentence of any person convicted of any
offence against a central law.
2. He can pardon, reprieve, respite, remit,
suspend or commute a death sentence.
he is the only authority to commute a
death sentence.
3. he can grant pardon, reprieve, respite,
suspension, remission or commutation in
respect to punishment or sentence by a
court-material (military court).
Governor
1. He can pardon, reprieve, respite, remit,
suspend or commute the punishment or
sentence of any person convicted of any
offence against a state law.
2. He cannot pardon a death sentence. Even
if a state law prescribes for death
sentence, the power to grant pardon lies
with the President and not the Governor.
But, the Governor can suspend, remit or
commute a death sentence.
3. He does not possess any such powers

66
Articles Related to Governor at a Glance
• Article 153 for Governors of states
• Article 154 for Executive power of state
• Article 155 for Appointment of Governor
• Article 156 for Term of office of Governor
• Article 157 for Qualifications for appointment as Governor
• Article 158 for Conditions of Governor’s office
• Article 159 for Oath or affirmation by the Governor
• Article 160 for Discharge of the functions of the Governor in certain contingencies
• Article 161 for Power of the Governor to grant pardons and others
• Article 162 for Extent of executive power of state
• Article 163 for Council of Ministers to aid and advice the Governor
• Article 164 for other provisions as to ministers like appointments, term, salaries, and others
• Article 165 for Advocate-General for the State
• Article 166 for Conduct of business of the government of a state
• Article 167 for Duties of the Chief Minister regarding furnishing of information to Governor
• Article 174 for Sessions of the state legislature, prorogation and dissolution
• Article 175 for Right of the Governor to address and send messages to the State legislature
• Article 176 for Special address by the Governor
• Article 200 for Assent to bills (i.e. assent of the Governor to the bills passed by the
legislature)
• Article 201 for Bills reserved by the Governor for consideration of the President
• Article 213 for Power of Governor to promulgate ordinances
• Article 217 for Governor being consulted by the President in the matter of the appointments
of the judges of the High Courts
• Article 233 for Appointment of district judges by the Governor
• Article 234 for Appointments of persons (other than district judges) to the judicial service of
the state by the Governor.

67
 The Chronological List of the Governors of Madhya Pradesh

1 Shri Bhograju Pattabhi Sitaramaiya 01.11.1956 to 13.06.1957

2 Padma Vibhushan Shri Hari Vinayak Pataskar 14.06.1957 to 10.02.1965
3 Shri Kyasamballi Chengalrao Reddy 11.02.1965 to 02.02.1966
4 Justice P. V. Dixit (Acting) 03.02.1966 to 09.02.1966
5 Shri Kyasamballi Chengalrao Reddy 10.02.1966 to 07.03.1971
6 Shri Satyanarayan Sinha 08.03.1971 to 13.10.1977
7 Shri Niranjan Nath Wanchoo 14.10.1977 to 16.08.1978
8 Shri Cheppudira Muthana Punacha 17.08.1978 to 29.04.1980
9 Dr. Bhagwat Dayal Sharma 30.04.1980 to 25.05.1981
10 Justice G. P. Singh (Acting) 26.05.1981 to 09.07.1981
11 Dr. Bhagwat Dayal Sharma 10.07.1981 to 20.09.1983
12 Justice G. P. Singh (Acting) 21.09.1983 to 07.10.1983
13 Dr. Bhagwat Dayal Sharma 08.10.1983 to 14.05.1984
14 Shri K. M. Chandy 15.05.1984 to 30.11.1987
15 Justice N. D. Ojha (Acting) 01.12.1987 to 29.12.1987
16 Shri K. M. Chandy 30.12.1987 to 30.03.1989
17 Smt. Sarla Grewal 31.03.1989 to 05.02.1990
18 Shri Kunwar Mahmood Ali Khan 06.02.1990 to 23.06.1993
19 Dr. Mohd. Shafi Qureshi 24.06.1993 to 21.04.1998
20 Dr. Bhai Mahavir 22.04.1998 to 06.05.2003
21 Shri Ram Prakash Gupta 07.05.2003 to 01.05.2004
22 Shri Krishna Mohan Seth (Acting) 02.05.2004 to 29.06.2004
23 Dr. Bal Ram Jakhar 30.06.2004 to 29.06.2009
24 Shri Rameshwar Thakur 30.06.2009 to 08.09.2011
25 Shri Ram Naresh Yadav 08.09.2011 to 07.09.2016
26 Shri Om Prakash Kohli (additional charge) 08.09.2016 to 23.01.2018
27 Smt. Anandiben Patel 23.01.2018 to 28.07.2019
28 Late. Shri LalJi Tandon 29.07.2019 to 21.07.2020
29 Smt. Anandiben Patel 01.07.2020 to Continue

68
 GOVERNORS OF MADHYA PRADESH
KEY TAKEAWAYS
The total number of individuals serving as 28
Governors so far

The number of occasions acting Governors 06

were appointed

The only Governor sworn outside the Raj Dr. B. P. Sitaramaiya

Bhavan (Sworn in at Minto Hall)

The youngest Governor on appointment Smt Sarla Grewal (61 years)

The eldest Governor on appointment Shri Ram Naresh Yadav

(83 years)

Only Governor born in the State Shri N. N. Wanchoo

(Satna)

Only Governor born outside present India Dr. Bhai Mahavir (Lahore)

Only Governor recipient of a public title Shri H. V. Pastaskar

(Padma Vibhushan)

The longest serving full-time Governor Padma Vibhushan Shri H. V. Pataskar

(7 yrs 7 months 27 days)

The shortest serving full-time Governor Dr. B. P. Sitaramaiya

(7 months 12 days)

The longest serving acting Governor Shri O.P.Kohli

(16 months 14 days)

The shortest serving acting Governor Justice G. P. Singh

69
 (6 days)

The 1st Governor with Civil Service Shri N. N. Wanchoo

background

The 1st female Governor Smt Sarla Grewal

First Governor to impose President’s rule Shri S. N. Sinha

in MP

Only Governor who expired while in office Shri R. P. Gupta

Governors who have been Governors of 09 :

other States Shri N. N. Wanchoo (Kerala)
Shri C. M. Punacha (Orissa)
Dr. B. D. Sharma (Orissa)
Shri K. M. Chandy (Gujarat)
Dr. Mohammad Shafi Qureshi (Bihar)
Dr. Bal Ram Jakhar (Gujarat)
Sh Rameshwar Thakur (Orissa, AP, Karnataka)
Smt Ram Naresh Yadav
Smt Anandiben Patel (Chhattisgarh)
Shri Lal Ji Tandon (Bihar)

Only Governor who has been Governor of Shri Rameshwar Thakur :

3 other States Orissa
Andhra Pradesh
Karnataka

Only Governor who has been Speaker of Dr. Bal Ram Jakhar (7th and 8th Lok Sabha)
the Lok Sabha

70
 Only Governors who recieved State and Smt Anandi Ben Patel
National Level Best Teacher Award

Number of Governors who were members 04 :

of the Constituent Assembly Dr. B. P. Sitaramaiya
Shri H. V. Pataskar
Shri K. C. Reddy
Shri C. M. Punacha

Governor authoring the maximum books Dr. B. P. Sitaramaiya (14)

Only Governor having received an Smt. S. Grewal (British Council, for London School
international scholarship of Economics)

President's Rule in Madhya Pradesh : Duration

President's Rule has been imposed in Madhya Pradesh on the following occasions :

Governor Duration

Shri Satya Narayan Sinha 30.04.1977 - 23.06.1977

Shri Cheppudira Muthana Punacha 17.02.1980 - 29.04.1980

Shri Bhagwat Dayal Sharma 30.04.1980 - 09.06.1980

Shri Kunwar Mehmood Ali Khan 15.12.1992 - 23.06.1993

Shri Mohammad Shafi Qureshi 24.06.1993 - 06.12.1993

• It is noteworthy here that the President's rule proclaimed on 17.02.1980 in the tenure of Shri C. M.
Punacha continued into the tenure of Shri B. D. Sharma.
• Similarly, the President's rule proclaimed on 15.12.1992 during Shri K. M. A. Khan's tenure continued
into the tenure of Shri Mohammad Shafi Qureshi.

71
GOVERNORS OF MADHYA PRADESH

72
73
PRIME MINISTER & COUNCIL OF MINISTERS
PRIME MINISTER
• Article 75 says only the Prime Minister shall be appointed by the President.
• Prime Minister is the real executive authority (de facto executive).
• Prime Minister is the head of the government, leader of the party in power, chief spokesman of the
union government and the crisis manager-in-chief at the political level during emergency.

Appointment of the Prime Minister

• Appointed by the President. The President may appoint any one as the Prime Minister and then ask
him to prove his majority in the Lok Sabha.
• A person who is not a member of either house of parliament can be appointed as Prime Minister
for
6 months, within which, he should become a member of either House of Parliament.

Term of Office

• In general, he holds the office for five years. The term can end sooner if loses the vote of confidence
in Lok Sabha.
• The Prime Minister can also resign by addressing to the President.

Powers and Functions of the Prime Minister

• He recommends persons who can be appointed as ministers.

• He allocates and reshuffles various portfolios among the minister. He can ask a minister to resign or
advice the president. He presides over the meeting of council of ministers and influences its
decisions.
• He advises the president with regard to the appointment of important officials like Attorney General
of India, Comptroller and Auditor General of India, Election Commissioners, Chairman and Members
of the Finance Commission and so on.
• He advises the President with regard to summoning and proroguing of the sessions of the
Parliament. He can recommend dissolution of the Lok Sabha.

74
• He acts as the Chairman of the NITI Aayog, National Development Council, National Integration
Council, Inter-State Council and National Water Resources Council.

Role Description by various Thinkers and Adminstrators

• Prime Minister as primus inter pares (first among equals) and key stone of the cabinet arch.
• Prime Minister as the captain of the ship of the state.
• Prime Minister as the steersman of steering wheel of the ship of the state
• Prime Minister as the master of the Government.

Prime Minister of India

Name Tenure Important Facts

1. Pandit Jawaharlal Nehru
2. Gulzari Lal Nanda
3. Lal Bahadur Shastri
4. Gulzari Lal Nanda
5. Indira Gandhi
6. Morarji Desai
7. Charan Singh
8. Indira Gandhi
9. Rajiv Gandhi
10. VP Singh
11. Chandra Shekhar
12. PV Narsimha Rao
1947-1964 First Prime Minister of India, died in office; also
had the longest tenure (17 years)
1964-1964 First acting Prime Minister
1964-1966 Only Prime Minister to die abroad during an
official tour.
1966-1966 First to become acting Prime Minister twice.
1966-1977 First woman Prime Minister of India. First Rajya
Sabha Member became PM.
1977-1979 Oldest Prime Minister (81 years) and the first to
resign from office, first CM to become PM.
1979-1980 Only Prime Minister, who did not face the
Parliament.
1980-1984 First Prime Minister to be assassinated.
1984-1989 Youngest Prime Minister (40 years).
1989-1990 First Prime Minister to step down after vote of
No-confidence motion.
1990-1991
1991-1996 First Prime Minister from Southern India.

75
 13. Atal Bihari Vajpayee 1996-1996 Shortest tenure of a Prime Minister (For 16
days).
14. HD Deve Gowda 1996-1997 -
15. IK Gujral 1997-1998 -
16. Atal Bihari Vajpayee 1998-1999 -
17. Atal Bihari Vajpayee 1998-2004 -
18. Dr. Manmohan Singh 2004-2014 First Sikh Prime Minister
19. Narendra Modi 2014-Till First PM born after independence and also
Date served as CM

Deputy Prime Minister

• The Deputy Prime Minister occupies position next to the Prime Minister.
• The post of Deputy Prime Minister is not mentioned in the Constitution. It is an extra constitutional
body. Although seven persons have occupied this post since the inauguration of the Constitution.

Name Tenure
1. Sardar Vallabhbhai Patel 1947-1950
2. Morarji Desai 1967-1969
3. Charan Singh and Jagjivan Ram (jointly) 1979-1979
4. YB Chavan 1979-1980
5. Devi Lal 1989-1990
6. Devi Lal 1990-1991
7. LK Advani 2002-2004

UNION COUNCIL OF MINISTERS

• There shall be a Council of Ministers with the Prime Minister at the head to aid and advice the
President who shall, in the exercise of his functions, act in accordance with such advice.
• The Prime Minister shall be appointed by the President and the other Ministers shall be appointed
by the President on the advice of the Prime Minister. The total number of ministers, including the
Prime Minister, in the council of Ministers shall not exceed 15% of the total strength of the Lok
Sabha.

76
• A minister who is a member of one House of Parliament has the right to speak and to take part in
the proceedings of the other House also, but he can vote only in the House of which he is a member.
• A member of either house of Parliament belonging to any political party who is disqualified on the
ground of defection shall also be disqualified to be appointed as a minister.

Responsibility of Ministers
• Article 75 clearly states that the council of ministers is collectively responsible to the Lok Sabha.
They work as team and swim or sink together. It is the duty of every minister to stand by cabinet
decisions and support both within and outside the Parliament, even if they differed in the
cabinet meeting.
• Article 75 also contains the principle of individual responsibility. In case of a difference of
opinion or dissatisfaction with the performance of a minister the PM can ask him to resign or
advice the president to dismiss him.
• No legal responsibility of a minister in India.
• Composition of the Council of Ministers
• There are three categories of ministers : (i) Cabinet Ministers; (ii) Ministers of State, and (iii)
Deputy Ministers.

Cabinet Ministers

• The highest decision-making body. Play an important role in deciding policies. They are the real
policy makers.

77
• Head the important ministries of the government like home, defence, finance, external affairs and
so forth. The cabinet's consent is necessary for all important matters.

Ministers of State
• Can hold either independent charge or attached to a cabinet Minister.

Deputy Ministers
• Attached to the cabinet ministers or ministers of state. Assist in their administrative, political and
Parliamentary duties.
Parliamentary Secretaries
One more category of ministers which have no department but attached to the senior minister
and assist in the discharge of their parliamentary duties.
Since 1967, no parliamentary secretaries have been appointed except during the first phase of
Rajiv Gandhi Government.

Cabinet and Role of Cabinet

• Smaller body consisting of 15 to 20 ministers. It includes the cabinet ministers only. It meets
frequently and usually once in a week.
• It directs the council of ministers by taking policy decisions which are binding on all ministers. It
supervises the implementation of its decisions by the council of ministers.

Kitchen Cabinet
• It is also called as Inner Cabinet. It has become the real Centre of power.
• A small body consists of the Prime Minister and two to four influential colleagues. It is composed of
not only cabinet ministers but also outsiders like friends and family members of the Prime Ministers.

Cabinet Committees
• It is an organisational device to reduce the enormous workload of the Cabinet. They also facilitate
in-depth examination of policy issues and effective coordination.
• Membership varies from three to eight. They usually include cabinet ministers.
• Mostly headed by the Prime Minister. Other cabinet Ministers, particularly the Home Minister or
the Finance Minister, also acts as their chairman.

78
Types of Cabinet Committee

Cabinet Committee is of two types : (i) Standing Committee and (ii) Adhoc Committee.
(i) Standing Committees are of a permanent nature.
(ii) Adhoc Committees are of a temporary nature, constituted from time to time to deal with special
problems. They are disbanded after their task is completed.

Shadow Cabinet

Found in the British political system which is formed by the opposition party to balance the
ruling cabinet and to prepare its members for future ministerial offices.

Important Cabinet Committee

1) The Political Affairs Committee: The most powerful committee. Deals with all policy
matters pertaining to domestic and foreign affairs. headed or chaired by the Prime Minister.
2) The Economic Affairs committee: Deals with the government activities in the economic
sphere. Chaired by the Prime Minister.
3) Appointments Committee: Decides all higher level appointment in the Central Secretariat,
Public Enterprises, Banks and Financial Institutions. Chaired by the Prime Minister.
4) Parliamentary Affairs Committee: Looks after the progress of government business in the
Parliament. Chaired by the Home Minister.

List of Cabinet Committees

1. Cabinet Committee on Economic Affairs
2. Cabinet Committee on Prices
3. Cabinet Committee on Political Affairs
4. Appointments Committee of the Cabinet
5. Cabinet Committee on Security
6. Cabinet Committee on World Trade Organisation (WTO) Matters
7. Cabinet Committee on Investment
8. Cabinet Committee on Unique Identification Authority of India (UIDAI) related issues
9. Cabinet Committee on Parliamentary Affairs
10. Cabinet Committee on Accommodation

Groups of Ministers
• At present, 21 Groups of Ministers and 6 empowered groups of ministers are in existence.

79
• These are adhoc bodies formed. Viable and effective instrument of coordination among the
ministries. Constituted to look into different issues/subjects and to take decisions on behalf of the
cabinet whereas the others make recommendations to the cabinet.

80
 STATE EXECUTIVE
CHIEF MINISTER
• The Chief Minister is the real executive authority at the state level.
• The position of the Chief Minister at the state level is analogous to the position of Prime Minister at
the centre.

Appointment of Chief Minister

• Article 164 advocated that the Chief Minister shall be appointed by the governor.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six
months, but within that time, he should be elected to the state legislature.

Oath
• The governor administers the oath of office and secrecy to the Chief Minister.

Term
• The term is not fixed and he holds office during the pleasure of the governor. Generally the term is
for five years, as he enjoys the majority support in the legislative assembly.
• He may resign by addressing a resignation letter to the Governor.

State Council of Ministers (CoMs)

• Articles 163 and 164 deal with Council of Minister in the states.
• The CoMs headed by CM is the real executive authority in the Political-administrative system of the
state.

Power and Functions

In Relation to State Council of Ministers (CoMs)
• The Chief Minister as a head of the CoMs, enjoys the following powers :
• The Governor appoints only those persons as ministers, who are recommended by .the Chief
Minister. He allocates and reshuffles the portfolios among ministers.
• He can ask a minister to resign or advice the Governor to dismiss him in case of difference of
opinion.
• He presides over the meetings of the Council of Ministers and influences its decisions.

81
 • He aids, directs, controls and coordinates the activities of all the ministers.

In Relation to the Governor

• He is the principal channel of communication between the Governor and the Council of Ministers.

In Relation to State Legislature

• Advises the Governor with regard to summoning and proroguing the sessions of the State
Legislature.
• Recommend the dissolution of the Legislative Assembly to the Governor at any time.

LIST OF CHIEF MINISTERS OF MADHYA PRADESH

No. Name Period

1. Shri Ravishankar Shukla 01.11.1956 to 31.12.1956

2. Shri Bhagwantrao Mandloi 01.01.1957 to 30.01.1957

3. Dr. Kailashnath Katju 31.01.1957 to 14.04.1957

4. Dr. Kailashnath Katju 15.04.1957 to 11.03.1962

5. Shri Bhagwantrao Mandloi 12.03.1962 to 29.09.1963

6. Shri Dwarka Prasad Mishra 30.09.1963 to 08.03.1967

7. Shri Dwarka Prasad Mishra 09.03.1967 to 29.07.1967

8. Shri Govindnarayan Singh 30.07.1967 to 12.03.1969

9. Shri Raja Nareshchandra Singh 13.03.1969 to 25.03.1969

10. Shri Shyamacharan Shukla 26.03.1969 to 28.01.1972

11. Shri Prakash Chandra Sethi 29.01.1972 to 22.03.1972

12. Shri Prakash Chandra Sethi 23.03.1972 to 22.12.1975

13. Shri Shyamacharan Shukla 23.12.1975 to 29.04.1977

* President’s Rule 30.04.1977 to 25.06.1977

82
14. Shri Kailsh Chandra Joshi 26.06.1977 to 17.01.1978

15. Shri Virendra Kumar Sakhlecha 18.01.1978 to 19.01.1980

16. Shri Sunderlal Patwa 20.01.1980 to 17.02.1980

* President’s Rule 18.02.1980 to 08.06.1980

17. Shri Arjun Singh 09.06.1980 to 10.03.1985

18. Shri Arjun Singh 11.03.1985 to 12.03.1985

19. Shri Motilal Vora 13.03.1985 to 13.02.1988

20. Shri Arjun Singh 14.02.1988 to 24.01.1989

21. Shri Motilal Vora 25.01.1989 to 08.12.1989

22. Shri Shyamacharan Shukla 09.12.1989 to 04.03.1990

23. Shri Sunderlal Patwa 05.03.1990 to 15.12.1992

* President’s Rule 16.12.1992 to 06.12.1993

24. Shri Digvijay Singh 07.12.1993 to 01.12.1998

25. Shri Digvijay Singh 01.12.1998 to 08.12.2003

26. Sushri Uma Bharti 08.12.2003 to 23.08.2004

27. Shri Babulal Gaur 23.08.2004 to 29.11.2005

28. Shri Shivraj Singh Chouhan 29.11.2005 to 12.12.2008

29. Shri Shivraj Singh Chouhan 12.12.2008 to 13.12.2014

30. Shri Shivraj Singh Chouhan 14.12.2013 to 16.12.2018

31. Shri Kamal Nath 17.12.2018 to 22.03.2020

32. Shri Shivraj Singh Chouhan 23.03.2020 to continuing

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LIST OF CABINET MINISTERS and DEPARTMENTS Allocated to them

CABINET MINISTERS DEPARTMENT

1.

General Administration, Public Relation, Narmada Valley

Shri Shivraj Singh Chouhan
2. Development, Aviation and the department not allotted to
Chief Minister
any other Minister.

3. Dr. Narottam Mishra Minister Home, Jail, Parliamentary Affairs, Law

4. Shri Gopal Bhargava Minister Public Works, Cottage and Village Industries

5. Tulsi Silawat Water Resources, Fisheries Welfare and Fisheries Development

Shri Kunwar Vijay Shah

6. Forest Department
Minister

Shri Jagdish Devda

7. Commercial Tax, Finance, Planning Economic and Statistics
Minister

8. Bisahulal Singh Food Civil Supplies and Consumer Protection

Shri Yashodhara Raje Scindia Sports and Youth Welfare, Technical Education, Skill
9.
Minister Development and Employment

Shri Bhupendra Singh

10. Urban Development and Housing
Minister

Sushri Meena Singh

11. Tribal Welfare, Scheduled Caste Welfare
Minister

Shri Kamal Patel

12. Farmer Welfare and Agricultural Development
Minister

13. Govind Singh Rajput Revenue, Transportation

Shri Brajendra Pratap Singh

14. Mineral Resources, Labor
Minister

Shri Vishvash Sarang Medical Education, Bhopal Gas Tragedy Relief and
15.
Minister Rehabilitation

16. Imarti Devi Women and Child Development

18. Prabhuram Chaudhary Public Health and Family Welfare

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 19. Mahendra Singh Sisodia Panchayat and Rural Development

20. Pradhuman Singh Tomar Energy

Shri Prem Singh Patel

21. Animal Husbandry, Social Justice and Disabled Welfare
Minister

Shri Omprakash Sakhlecha

22. Micro, Small and Medium Enterprises, Science and Technology
Minister

Shushri Usha Thakur

23. Tourism, Culture, Adhyatm
Minister

Shri Arvind Bhadoriya

24. Cooperatives, Public Service Management
Minister

Dr. Mohan Yadav

25. Higher Education
Minister

26. Hardeep Singh Dang New and Renewable Energy, Environment

27. Rajyavardhan Singh Dattigaon Industrial Policy and Investment Promotion

Shri Bharat Singh Kushwaha Horticulture and Food Processing (Independent Charge),
28.
(MoS) Narmada Valley Development

Shri Inder Singh Parmar School Education (Independent Charge), General

29.
(MoS) Administration

Backward Classes and Minorities Welfare (Independent

Shri Ramkhelavan Patel
30. Charge), Denotified, Nomadic and Semi-Nomadic Tribes
(MoS)
(Independent Charge), Panchayat and Rural Development

Shri Ram Kishore Kanware

31. Ayush (Independent Charge), Water Resources
(MoS)

32. Shri Aidal Singh Kansana Public Health Engineering

33. Shri Girraj Dandotiya (MoS) Farmer Welfare and Agricultural Development

34. Shri Suresh Dhakad (MoS) Public Works Department

35. Shri OPS Bhadoriya (MoS) Urban administration and development

36. Brajendra Singh yadav (MOS) Public Health Engineering

*Bold Names are the MLA's who resigned from CONGRESS and joined BJP.

85
 UNION LEGISLATURE

Parliament
• The Parliament is the legislative organ of the Union government.
• It consists of the President, Lok Sabha and Rajya Sabha (Article 79).

Lok Sabha
• Lok Sabha is also called Lower House or First Chamber or Popular House.
• In Britain, Lok Sabha is referred as the House of Commons.
• In USA, Lok Sabha is known as the House of Representatives.

Various Name of parliaments in Different Countries

Country Parliament Country Parliament

Afghanistan Shora Japan Diet

Australia Federal Parliament Isreal Knesset

Britian Parliament Myanmar Pyithu Huluttaw

Bhutan Tshogdu Maldives Mazils

Bangladesh Jatiya Sansad Norway Storting

China National People's Congress Nepal Rashtriya Panchayat

86
 Canada Parliament Pakistan National Assembly

Denmark Folketing Russia Duma and Federal

France National Assembly Switzerland Federal Assembly

India Sansad Turkey Grand National Assembly

Iran Majilis USA Congress

• The maximum strength of the Lok Sabha is fixed at 552, out of these
o 530 members are to be representatives of the states,
o 20 members from Union Territories and
o 2 members are to be nominated by the President from the Anglo-Indian Community.
• At present, the Lok Sabha has 545 members.
• Between 1952 and 2020, 2 additional members of the Anglo-Indian community were also
nominated by the President of India on the advice of Government of India, which was abolished
in January 2020 by the 104th Constitutional Amendment Act, 2019. The Lok Sabha has a seating
capacity of 550 now
• Its normal term is five years from the date of its first meeting after the general election.
• Term of Lok Sabha can be extended during the period of national emergency for one year at a
time for any length of time.

No. of No. of Seats No. of

No. of
Seats in in Seats in
States/UTs Capital Seats in Lok
Rajya Legislative Legislative
Sabha
Sabha Assembly Council
I. States
Andhra Pradesh Amravati (Proposed) 25 11 175 50
Arunachal Pradesh Itanagar 2 1 60 -
Assam Dispur 14 7 126 -
Bihar Patna 40 16 243 75
Chhattisgarh Raipur 11 5 90 -
Goa Panaji 2 1 40 -
Gujarat Gandhinagar 26 11 182 -
Haryana Chandigarh 10 5 90 -
Himachal Pradesh Shimla 4 3 68 -
Jharkhand Ranchi 14 6 81 -
Karnataka Bangalore 28 12 224 75
Kerala Thiruvananthapuram 20 9 140 -
Madhya Pradesh Bhopal 29 11 230 -

87
Maharashtra Mumbai 48 19 288 78
Manipur Imphal 2 1 60 -
Meghalaya Shillong 2 1 60 -
Mizoram Aizawal 1 1 60 -
Nagaland Kohima 1 1 40 -
Odisha Bhubaneswar 21 10 147 -
Punjab Chandigarh 13 7 117 -
Rajasthan Jaipur 25 10 200 -
Sikkim Gangtok 1 1 32 -
Tamil Nadu Chennai 39 18 234 -
Telangana Hyderabad 17 7 119 40
Tripura Agartala 2 1 60 -
Uttarakhand Dehradun 5 3 70 -
Uttar Pradesh Lucknow 80 31 403 100
West Bengal Kolkata 42 16 294 -
II. Union Territories
Andaman & Nicobar Port Blair 1 - - -
Chandigarh Chandigarh 1 - - -
Dadar & Nagar
Haveli Daman 2 - - -
Daman & Diu
Delhi Delhi 7 3 70 -
Srinagar (Summer)
Jammu & Kashmir 6 4 107
Jammu (Winter)
Lakshadweep Kavaratti 1 - - -
Puducherry Puducherry 1 1 33 -
III. Nominated
Member 2 12
(Now Abolished)
Total 545 245

Sessions of Lok Sabha

Sessions Commenced Date Prime Minister

First 13 May 1952

Jawaharlal Nehru
Second April 1957

Third April 1962 Jawaharlal Nehru and Lal Bahadur Shastri

Fourth March 1967

Indira Gandhi
Fifth March 1971

88
 Sixth March 1977 Morarji Desai and Charan Singh

Seventh January 1980 Indira Gandhi and Rajiv Gandhi

Eighth December 1984 Rajiv Gandhi

Ninth December 1989 V. P. Singh and Chandra Shekhar

Tenth June 1991 P. V. Narasimha Rao

Atal Bihari Vajpayee, H. D. Deve Gowda and I. K.
Eleventh May 1996
Gujral
Twelfth March 1998
Atal Bihari Vajpayee
Thirteenth October 1999

Fourteenth May 2004

Manmohan Singh
Fifteenth May 2009

Sixteenth May 2014

Narendra Modi
Seventeenth May 2019

• Speaker: Om Birla, BJP since 19 June 2019 Elections

• Secretary General - Snehlata Shrivastava since 1
December 2017 • Voting system First past the
• Leader of the House Narendra Modi, BJP since post
26 May 2014 • Last election 11 April – 19
• Leader of the Opposition - Vacant, None have May 2019
more than 10% membership since 16 May 2014 • Next election May 2024

RAJYA SABHA
• Rajya Sabha is a permanent body or a continuing chamber and not subject to dissolution. Rajya
Sabha was firstly constituted in 1952.
• Rajya Sabha is also called as Upper House or Second Chamber or House of Elders. In Britain, Rajya
Sabha is referred as the House of Lords. In USA, Rajya Sabha is known to be Senate.

89
• The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the
states and union territories. The maximum strength of the Rajya Sabha is fixed at 250, out of these
238 are to be the representatives of the states and union territories (indirectly elected) and 12 are
nominated by the President. At present, the Rajya Sabha has 245 members.
• The Representation of the People Act (RPA) of 1951 provided that the term of office of a member
of the Rajya Sabha shall-be Six years. One-third of its members retire every second years. They are
eligible for re-election and re-nomination any number of times.

Qualifications for Members of Parliament (Article 84)

• Must be a citizen of India; Must not be less than 30 years of age in case of the Rajya Sabha and 25
years in case of Lok Sabha; Must possess other qualifications prescribed by Parliament.

Disqualification (Article 102)

• Holds any office of profit under the union or state government; Is of unsound mind and stands so
declared by a court; Is an undischarged insolvent; Not a citizen of India or has voluntarily acquired
by citizenship of a foreign state.

Disqualification on Ground of Defection

The tenth schedule of constitution provides for disqualification of the -Members on round of
defection.

Oath or Affirmation

• Oath is administered by the President or some person appointed by him.

Presiding Offices of Parliament

(i) A Speaker and a Deputy Speaker as a presiding officer for the Lok Sabha.
(ii) A Chairman and a Deputy Chairman as a presiding officer for the Rajya Sabha.

90
(i) Speaker of Lok Sabha
• The Speaker is the principal spokesperson of the House and his decision in all parliamentary matters
is final. He is also the guardian of powers and privileges of the members, the House as a whole and
its committees.

Deputy Speaker

While the office of the Speaker is vacant due to any reason, the Deputy Speaker presides.
(Article 95). M. Ananthasayanam Ayyangar was the First Deputy Speaker of Lok Sabha. At
present Mr. M Thambidurai is Deputy Speaker of Lok Sabha.

• The Speaker remains in office during the life of the Lok Sabha. The date of election of the Speaker
is fixed by the President. The speaker is elected by the Lok Sabha from amongst its members.
• The Speaker resigns by writing to the Deputy Speaker.

Role, Powers and Functions

• Derives his powers and duties from three sources, that is, the Constitution of India, the Rules of
Procedure and conduct of Business of Lok Sabha, and Parliamentary Conventions. Final interpreter
of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok
Sabha, and the parliamentary precedents, within the House.
• Maintains order and decorum in the House for conducting its business and regulating its proceeding.
Adjourns the House or suspends the meeting in absence of a quorum.
• Presides over a joint sitting of the two Houses of Parliament (Article 108). So far, joint-sitting have
been held thrice in the history of Indian Parliament (1961, 1978 and 2002).
• Decides whether a bill is a money bill or not. Appoints the chairman of all parliamentary committees
of the Lok Sabha.

Provision of joint sitting is applicable to ordinary bills or financial bills only and not to money
bills or constitutional amendment bills.

Speakers of the Lok Sabha

Lok Sabha State/UTs No. of Seats in

91
 First 1. Ganesh Vasudev Mavalanker 1952 to 1956 (Died)
2. Ananthasyanam Ayyangar 1956 to 1957

Second Ananthasayanam Ayyangar 1957 to 1962

Third Hukum Singh 1962 to 1967

Fourth 1. Nellam Sanjiva Reddy 1967 to 1969 (Resigned)

2. Gurdial Singh Dhillan 1969 to 1971

Fifth 1. Gurdial Singh Dhillan 1971 to 1975 (Resigned)

2. Bali Ram Bhagat 1976 to 1977

Sixth 1. Neelam Sanjiva Reddy 1977 to 1977 (Resigned)

2. K.S. Hegde 1977 to 1980

Seventh Balram Jakhar 1980 to 1985

Eighth Balram Jakhar 1985 to 1989

Ninth Rabi Ray 1991 to 1996

Eleventh P.A. Sangma 1996 to 1998

Twelfth G.M.C Balayogi 1998 to 1999

Thirteenth 1. G.M.C. Balayogi 1999 to 2002 (Died)

2. Manohar Joshi 2002 to 2004

Fourteenth Somnath Chatterjee 2004 to 2009

Fifteenth Ms. Meira Kumar 2009 to 2014

Sixteenth Ms. Sumitra Mahajan 2014 – 2019

SEVENTEENTH Om Birla 2019 – Till Date

(ii) Chairman of Rajya Sabha

• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha (Article 89).
• The presiding officer of the Rajya Sabha is the Chairman. The power and functions of the Chairman
of Rajya Sabha are similar to those of Speaker of Lok Sabha.

92
 Deputy Chairman
Elected by Rajya Sabha itself from amongst its members. Deputy Chairman is not subordinate
to the Chairman. He is directly responsible to the Rajya Sabha.

Power of Lok Sabha and the Rajya Sabha

• A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.
• The Speaker of Lok Sabha presides over the joint sitting of 'both the Houses of Parliament.
• A resolution for the discontinuance of the National Emergency can be passed only by the Lok Sabha
and not by the Rajya Sabha.
• The Rajya Sabha cannot remove the Council of Minister by passing a no-confidence motion.

Special Power of Rajya Sabha

It can authorize the Parliament to make a law on a subject enumerated in the State
List (Article 249)

Sessions of PARLIAMENT

• The Parliament generally meets in three sessions in a year

(i) The Budget Session (February to May; longest session);

(ii) The Monsoon Session (July to September) and

(iii) The Winter Session (November to December; shortest session).

• The maximum gap between two sessions of parliament cannot be more than six months

HOW DOES THE PARLIAMENT MAKE LAWS?

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Legislative Procedure in Parliament
• A Bill is a proposal for legislation and it becomes an Act or law when duly enacted. Bills may be
classified under four heads viz, Ordinary, Money, Financial and Constitutional Amendment Bills.

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• The legislative procedure is identical in both the houses of Parliament. Money Bills cannot be
introduced in the Rajya Sabha. The other bills can be introduced in either House.

• Every ordinary bills has to pass through five stages in the Parliament, i.e., First Reading, Second
Reading, Third Reading, Bill in the second House and Assent of the President. Finally, the Bill has to
be notified by the Government to enable its implementation.

Language in Parliament
• Hindi and English is to be the languages for transacting business in the Parliament. But the presiding
officer can permit a member to address the house in his/her mother tongue.

Devices of Parliamentary Proceedings

1. Question Hour: The first hour of every parliamentary sitting is allotted for question hour. The
questions are of three kinds. They are :

i. Starred question : requires an oral answer and supplementary question can be

asked;
ii. Unstarred question : requires a written answer and supplementary question
cannot follow and
iii. Short notice question : asked by giving a notice of less than ten days and requires
an oral answer.

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 2. Zero Hour: It is an Indian innovation in the field of Parliamentary procedures and has been in
existence since 1962. The time gap between the question hour and the agenda is known as zero
hour. Starts immediately after the question hour and lasts until the agenda for the day.

Budget in Parliament
• The budget is a statement of the estimated receipts and
expenditure of the Government of India in a financial year,
which begins on 1st April and ends on 31st March of the
following year. The Constitution refers to the budget as the
Annual Financial Statement (Article 112).

• The Government of India has two budgets, namely, the

Railway Budget and the General Budget.

• After introduction of the Budget, the Lok Sabha discusses the demands for grants of various
ministries and departments. All expenditure after approval, charged on the consolidated fund of
India, are then presented in the form of single Bill called the Appropriation Bill. Proposals for
taxation (to raise revenue) are presented in the form of Finance Bill.

Funds for the Central Government

Three kinds of funds:

(i) Consolidated Fund of India (Article 266)
(ii) Public Account of India (Article 266)
(iii) Contingency fund of India (Article 267)
Consolidated Fund of India
• It is the money received by or on behalf of the Government of India in the form of revenues, fresh
loans, repayment of loans are deposited. Money can be spent out only with the approval of the
Parliament.

Public Account of India

• It includes the public money such as provident fund deposits, judicial deposits, savings bank
deposits, departmental deposits, remittances and so on. Money can be spent out of this fund
without the approval of the Parliament.

Contingency Fund of India

• This fund is placed at the disposal of the President to make advances out of this fund to meet
unforeseen expenditure.

• The fund is held by the finance secretary on behalf of the President.

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 PARLIAMENTARY COMMITTEES
• Parliamentary committee means a committee that is appointed or elected by the House or
nominated by the Speaker/Chairman.

• Broadly, parliamentary committees are of two kinds:- (a) Standing Committees and (b) Adhoc
Committees.

(a) Standing Committees : Permanent (constituted every year periodically) and work on a
continuous basis; They are broadly clasified into the following categories: Committees of
enquiries, Committees to Scrutinise, Financial Committees, Committees of Administrative
Character, Committees dealing with provision of facilities to members.
(b) Adhoc Committees : Temporary and ceases to exist on completion of the task assigned to
them. They can be divided into two categories, that is, Inquiry Committees and Advisory
Committees.

Financial Committees
• The Financial Committees of Parliament are: (i) Estimates Committee, (ii) Public Accounts
Committee and (iii) Committee on Public Undertaking.
(i) Estimates Committee : The origin of the Estimates Committee can be traced to the Standing
Financial Committee set-up in 1921. The first Estimates Committee in the post-independence
was set-up in 1950. Now it has thirty members, all from the Lok Sabha only.
(ii) Public Accounts Committee : The Public Accounts Committee was set-up first in 1921 provisions
of the Government of India Act of 1919. At present, it consists of 22 members (15 from the Lok.
Sabha and 7 from the Rajya Sabha). Since 1967, a convention has developed whereby the
Chairman of the Committee is selected invariably from the opposition.
(iii) Committee on Public Undertaking : The Committee on Public Undertakings was created in 1964
on the recommendations of the Krishna Menon Committee. Now it has 22 members (15 from
the Lok Sabha and 7 from the Rajya Sabha).

Departmental Standing Committee

• In 1993, 17 Departments Related Standing Committees were set-up.

• In 2004, 7 more committees were set-up. Thus, total 24 committees exist as of today.

• Out of the 24 standing committees, 8 work under the Rajya Saha and 16 under the Lok Sabha.

• Each standing committee consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha).

• A minister is not eligible to be nominated as a member of any of the standing committees.

Note: Members of the Rajya Sabha are associated with all the committees except the Estimates
Committee.

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 STATE LEGISLATURE
STATE LEGISLATURE
• Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration,
officers, procedures, privileges, powers and so on of the state legislature.

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• There is no uniformity in the organisation of state legislature. Most of the states have a unicameral
system (single house) while others have a bicameral system (double house). At present, only 7 states
have bicameral legislature. These are : 1. Andhra Pradesh, 2. Uttar Pradesh, 3. Bihar, 4. Maharashtra,
5. Karnataka, 6. Jammu and Kashmir and 7. Telangana.

• The Legislative Assembly (Vidhan Sabha) is the lower house, while the Legislative Council (Vidhan
Parishad) is the upper house.

Legislative Assembly (Article 170)

• The legislative assembly consists of representatives directly elected by the people on the basis of
universal adult franchises. In Sikkim and Nagaland, the legislative assembly members are also
elected indirectly.

• Its maximum strength is fixed at 500 and minimum strength at 60. However, in case of Arunachal
Pradesh; Sikkim and Goa, the minimum number is 30 and in case of Mizoram and Nagaland, it is 40
and 46 respectively.

• The governor can nominate one member from the Anglo-Indian community, if the community is not
adequately represented in the assembly. Under the 95th Amendment Act of 2009, this is to last until
2020.

Legislative Council (Article 171)

• The Parliament can abolish a legislative council or create it, if the legislative assembly of the
concerned state passes a resolution to that effect. Such a specific resolution must be passed by the
state assembly by a special majority.
• The maximum strength of the council is fixed at one-third of the total strength of the assembly and
the minimum strength is fixed at 40.
Manner of Election :
• 5/6th of total number of members of Legislative Council are indirectly elected, and 1/6th are
nominated by Governor.
• In other words, of the total number of members of a legislative council are:
o (i) 1/3 Elected from local bodies;
o (ii) 1/12th Elected by graduates of 3 years standing and residing in the state;
o (iii) 1/12th Elected by teachers of 3 years standing in the state, not lower in standard than
secondary school;
o (iv) 1/3 Elected by the members of the Legislative Assembly of the state from amongst person,
who are not members of the assembly and
o (v) Rest (1/6th) are nominated by the Governor from persons of special knowledge or practical
experience of literature, science, art, cooperative movement and social service.

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Member's Qualifications:
• Should be a citizen of India. Must be not less than 30 years of age in the case of the Legislative
Council and not less than 25 years of age in the case of the Legislative Assembly.

• Must follow additional qualifications in the Representation of People Act (1951).

Oath or Affirmative :
• Subscribe an oath before the governor or some person appointed by him.

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Duration of Two Houses
• Duration of Legislative Assembly Normal term is five years from the date of its first meeting after
the general elections.

• Duration of Legislative Council : Permanent body. One-third of its members retire on the expiration
of every second year. A member continues as such for six years.

Presiding Officers of State Legislature

• Each House of legislature has its own presiding officer. There is a Speaker and a Deputy Speaker for
the Legislative Assembly and a Chairman and a Deputy Chairman for the Legislative Council.

JUDICIARY
• The Indian constitution has established an integrated judicial system with the Supreme Court at the
top and the High Courts below it.

• This single system of Courts is adopted from the Government of India Act, 1935.

Supreme Court
• Articles 124 to 147 in Part V of the constitution deal with the Supreme Court.

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• Supreme Court is the final interpreter, guardian of the constitution and guarantor of the
fundamental rights of the citizens. The Supreme Court of India was inaugurated on January 28, 1950.
At present, the Supreme Court consists of 31 Judges including one Chief Justice and thirty other
Judges.

Appointment of Judges
• The Chief Justice is appointed by the President after consultation with such Judges of the Supreme
Court and High Courts as he deems necessary. The seniormost Judge of the Supreme Court is
appointed as the Chief Justice of India except the appointment of both A.N. Ray (in 1973) and M.U.
Beg (in 1977) as Chief Justice of India.

• The other judges are appointed by President after consultation with the Chief Justice and such other
Judges of the Supreme Court and the High Courts as he deems necessary.

The NJAC Act, 2014

It establishes a National Judicial Appointments Commission (NJAS) to make recommendations to the
President on appointment and transfer of judges of the higher judiciary.
The NJAC Act, 2014 states that the NJAC shall comprise : (i) the Chief Justices of India, 9ii) two other
seniormost Judges of the Supreme Court, (iii) the Union Minister of Law and justice and (iv) two eminent
persons to be nominated by the Prime Minister, the CJI and the Leader of Opposition of the Lok Sabha.
The NJAC shall not recommend a person for appointment if any two members of the Commission do
not agree to such recommendation.
The Supreme Court has ruled that constitution of NJAC to be unconsitutional and scrapped it.

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103
Qualifications of Judges [Article 124 (3)]

• Should be a citizen of India; Should have been a Judge of a High Court for five years; or been 4n
advocate of a High Court for ten years or a distinguished jurist in the opinion of the President.

Oath or Affirmation

• Subscribe before the President, or some persons appointed by him.

Tenure

• The constitution has not prescribed a minimum age for appointment as a judge of the Supreme
Court. Holds office until he attains the age of 65 years.

• Resign by writing to the President and can be removed from his office, by the President on the
recommendation of the Parliament

Removal of Judges (Article 124)

• The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the
supreme court by the process of impeachment. The grounds of removal are two: (i) Proved
Misbehaviour or (ii) Incapacity.

• A motion seeking the removal of the judge can be preferred before either House of the Parliament
signed by 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha). Then, the
resolution should be supported by a majority of total membership of both the Houses and by 2/3rd
majority of the members present and voting.

• No judge of the Supreme Court has been impeached so far. But, the first and the only case of
impeachment is that of Justice V. Ramaswami of the Supreme Court (1991-93) on the ground of
proved misbehaviour.

Seat of Supreme Court

• Delhi is the seat of the Supreme Court. But, the constitution authorizes. the-Chief Justice of India to
appoint other place/s as seat of the Supreme Court.

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 Jurisdiction and Powers of Supreme Court
1. Original Jurisdiction (Article 131)
• The Supreme Court decides: (i) Disputes between the centre and one or more states; (ii)
Disputes between the centre and any state or states on one side and one or more states on
the other and (iii) Disputes between two or more states.
• In the above disputes, the Supreme Court has exclusive original jurisdiction as they lie
directly and exclusively with the Supreme Court.

2. Writ Jurisdiction (Article 32)

• The Supreme Court is empowered to issue writs including habeas corpus, mandamus,
prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights.

3. Appellate Jurisdiction (Article 132)

• The Supreme Court is primarily a court of appeal and hears appeals against the judgements
of the lower courts. It enjoys a wide appellate jurisdiction in constitutional matters, civil
matters (Article 133), criminal matters (article 134), special leave (Article 136).

Public Interest Litigation

(PIL): Any person can now initiate a proceeding on behalf of the aggrieved person (if the
aggrieved persons cannot do so on their own) in High Court or the Supreme Court for the
enforcement of Fundamental Rights.

4. Advisory Jurisdiction (Article 143)

• The President can seek the opinion of the Supreme Court on any question of law or fact of
public importance and on any dispute arising out of any preconstitutional treaty agreement,
covenant or other similar instruments.
• The opinion expressed by the Supreme Court is only advisory and not binding on the
President.

5. A Court of Record
• The records are admitted to be of evidentiary value and cannot be questioned. They are
recognised as legal precedents and legal references.
• It has power to punish for contempt of court.

6. Power of Judicial Review (Article 137 )

• Judicial review is the power of the Supreme Court to examine the constitutionality of
legislative enactments and executive order of both Central and State Government.
• The Supreme Court used the power of judicial review in various cases, as for example,
Golaknath's case (1967); the Bank Nationalisation's case (1970); the Privy Purses Abolition's
case (1971); the Kesavananda Bharati's case (1973), the Minerva Mill's case (1980) and so
on.

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106
 HIGH COURT AND SUBORDINATE COURT
HIGH COURT
• High Court is the highest judicial organ of the state.

• The Constitution of India provides for a high court for each state. But, the seventh Amendment. Act
of 1956 authorised the Parliament to establish a common high court for two or more states or for
two or more states and a union territory.

• Articles 214 to 231 in Part VI of the constitution deals with High Court.

• At present, there are 24 high courts in the country. Delhi is the only union territory that has a high
court of its own (since 1966).

• Every High Court consists of a Chief Justice and such other Judges.

Jurisdiction and Seats of High Courts

Name of HC Estd. in Territorial Jurisdiction Seat
the
year
Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)
Andhra 1954 Andhra Pradesh, Telangana Hyderabad
Pradesh
Mumbai 1862 Maharashtra, Dadra and Nagar Mumbai (Bench at Nagpur,
Haveli, Goa, Daman and Diu Aurangabad and Panaji)
Kolkata 1862 West Bengal and Andman and Kolkata (Circuit Bench at Port
Nicobar Blair)
Delhi 1966 Delhi Delhi
Guwahati 1948 Assam, Nagaland, Mizoram and Guwahati (Bench at Kohima,
Arunachal Pradesh Aizwal and Itanagar)
Gujarat 1960 Gujarat Ahmedabad
Himachal 1971 Himachal Pradesh Shimla
Pradesh
Jammu & 1957 Jammu & Kashmir, Ladakh Srinagar and Jammu
Kashmir
Karnataka 1884 Karnataka Bengaluru
Kerala 1956 Kerala and Lakshadweep Enakulam

107
 Madhya 1956 Madhya Pradesh Jabalpur (Benches at Gwalior
Pradesh and Indore)
Chennari 1862 Tamil Nadu and Pondicherry Chennai
Odisha 1948 Odisha Cuttack
Patna 1916 Bihar Patna
Punjab & 1966 Punjab, Haryana and Chandigarh Chandigarh
Haryana
Rajasthan 1950 Rajasthan Jodhpur (Bench at Jaipur)
Sikkim 1975 Sikkim Gongtok
Bilaspur 2000 Chhattisgarh Bilaspur
Nainital 2000 Uttarakhand Nainital
Ranchi 2000 Jharkhand Ranchi
Manipur 2013 Manipur Imphal
Meghalaya 2013 Meghalya Shillong
Tripura 2013 Tripura Agartala

Appointment of Judges
• Appointment by 'the President. The Chief Justice of the concerned High Court is appointed after
consultation with the Chief Justice of India and the governor of the state concerned.

• For appointment of other judges, the chief justice of the concerned High Court is also consulted.

Judges Qualifications
• Must be a citizen of India; Should have held a judicial office in the territory of India for ten years;
or Should have been an advocate of a high court for ten years.

Oath or Affirmation
• Administered by the governor of the state or some persons appointed by him.

Term/Tenure of Judge
• A judge of high court continues office till 62 years of age.

• Can resign by writing to the President and can be removed by the President on the
recommendation of the Parliament.

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Transfer of Judges
• The President can transfer a judge from one High Court to another after consulting the Chief
Justice of India.

Jurisdiction and Powers of High Court

1. Original Jurisdiction : Hear disputes in the first instance; Matters like Disputes relating to the election
of members of Parliament and state legislatures, Matters of admiralty, will, marriage, divorce;
company laws and contempt of court, etc.
2. Writ Jurisdiction (Article 226)
3. Appellate Jurisdiction
4. Supervisory Jurisdiction
5. Control over Subordinate Courts
6. A Court of Record
7. Power of Judicial Review

The Supreme Court can issue writ jurisdiction, only where a Fundamental Right has been infringed. High
Court can issue these writs Under Article 226 not only in such cases, but also where an ordinary
legal right has been infringed. High Court does not have advisory power as in case of Supreme
Court.

SUBORDINATE COURTS
• Article 233 to 237 in Part VI deals with the various
provisions of subordinate courts. It is also called as
lower courts. It functions below and under the High
Court at district and lower levels.

• There are two types of lower courts in every district

- civil and criminal courts.

District Judge
• Highest judicial authority in the district. Possesses
original and appellate jurisdiction in both civil as well as criminal matters.

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• When he deals with civil cases, he is known as the district judge. Whereas, when he hears the
criminal cases, he is called as the sessions judge.

Nyaya Panchayats
The Nayaya Panchayats are the judicial bodies in village, which provide speedy and inexpensive
justice for all petty civil suits. They can impose only monetary fines.
Lok Adalat
Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and
free of cost.
Lok Adalat (People's Courts), established by the government, settles disputes through
conciliation and compromise. The first Lok Adalat was held in Gujarat on 14March, 1982.
The Lok Adalat is presided over by a sitting or retired judicial officer as Chairman, with two
other members, usually a lowver and a social worker. There is no court fee.

• He has supervisory powers over all the subordinate courts in the district and the power to impose
any sentence including life imprisonment and capital punishment (death sentence).

Qualifications of District Judges

• Should have been an advocate or a pleader for seven years. Should be recommended by the High
Court for appointment.

Appointment of District Judges

• Made by the governor of the state in consultation with the High Court.

Appointment of Other Judges

• Other than district judges, appointment are made by the governor of the state after consultation
with the State Public Service Commission and the High Court.

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 PANCHAYATI RAJ AND MUNICIPALITIES
PANCHAYATI RAJ
• Panchayati Raj is the system of rural local self-government to build democracy at the grass root
level with rural development. It was constitutionalised through the 73' Constitutional Amendment
Act of 1992. This act had added a new Part-IX to the constitution of India. The act has also added a
new Eleventh Schedule and contains 29 functional items of the panchayats.

• It is entitled as 'The Panchayats and consists of provisions from Articles 243 t6 243 O.

Significance of the Act

• The act provides for a five-year term of
office to the panchayat at every level.
State Election Commission conducts
the elections of Panchayat.

• The act provides for the reservation of

seats for scheduled castes and
scheduled tribes in every panchayat.
The act provides for the reservation of
not less than one-third of the total
number of seats for women.

• The Act has given a practical shape to

Article 40.

PESA Act of 1996 (Extension Act)

• The provisions of Part IX related to the
Panchayats are not applicable to the
fifth schedule areas.

• However, the Parliament may extend

these provisions to such areas. Under
this provision, the Parliament has
enacted the "provisions of the
Panchayats (Extension to the
Scheduled Areas) Act of 1996,
popularly known as the PESA Act or the
Extension Act."

111
• At present, 9 states have 5th schedule areas. These are : Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Evolution of Panchayati Raj

1. Balwant Rai Mehta Committee

• In January 1957, the Government of India
appointed a committee headed by B alwant Rai
G Mehta to examine the working of the
Cominunity Development Programme (1952)
and the National Extension Service (1953) and to
suggest measures for their better working.

• They recommended the establishment of the

scheme of democratic decentralisation which
ultimately came to be known as Panchayati Raj.
The committee submitted its report in
November 1957. Specific recommendations
made are :

(a) Establishment of a three tier panchayati raj

system : (i) Gram Panchayat at the village
level, (ii) Panchayat Samiti at the block level
and (iii) Zila Parishad at the district level.
(b) The Village Panchayat should be constituted
with directly elected representatives,
whereas the Panchayat Samiti and Zila
Parishad should be constituted with
indirectly elected members. The district
collector should be the chairman of the Zila
Parishad.

Rajasthan was the first state to establish Panchayati Raj. The Scheme was
started by the PM on October 2, 1959 in Nagaur district. It was followed by
Andhra Pradesh, which also adopted the system in 1959.

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2. Ashok Mehta Committee
• In December 1977, the Government of India appointed a committee on panchayati raj institutions
under the chairmanship of Ashok Mehta

• It submitted its report in August 1978 and made 132 recommendations to revive and strengthen
the declining panchayati raj system in the country.

• Major recommendations were :

(a) The three-tier system of panchayati raj should be replaced by the two-tier system, that is, Zila
Parishad at the district level, and below it, the Mandal Panchayat consisting of a group of villages
with la total population of 15,000 to 20,000.
(b) A district should be the first point for decentralisation under popular supervision below the state
level.
(c) The Nyaya Panchayats should be kept as separate bodies from that of development panchayats.
(d) There should be a regular social audit.

GVK Rao Committee

• The Committee on Administrative Arrangement for Rural Development and Poverty Alleviation
Programmes under the chairmanship of GVK Rao was appointed by the Planning Commission in
1985.

• The Committee came to conclusion that the developmental process was gradually bureaucratised
and divorced from the Panchayati Raj and aptly called as 'grass without roots'.

• The recommendation of the GVK Rao Committee Report (1986) differed from those of the Dantwala
Committee Report on Block-Level Planning (1978) and the Hanumantha Rao Committee Report on
District Planning.

LM Singhvi Committee :
• In 1986, the Government of India appointed a committee on 'Revitalisation of Panchayati Raj
Institutions for Democracy and Development' under the chairmanship of LM Singhvi.

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 MUNICIPALITIES
• The Constitution of India provides the provision of local self government units in urban area by
inserting Part IX-A through the 74th Amendment Act, 1992. In addition, the act has also added' a
new 12th Schedule to the Constitution. This schedule contains 18th functional items of
municipalities.

• Municipalities will have the power to impose taxes, duties, tolls and fees in accordance with law.
The Constitution provides for a State Finance Commission to review the financial position of the
Municipalities and recommend measures to augment their funds.

• The Constitution provides for three types of Municipalities : (i) Nagar Panchayat, for areas in
transition from rural to urban; (ii) Municipal Council is for smaller urban area and Municipal
Corporation is for larger urban area. Urban Local Bodies do not exist in Arunachal Pradesh.

• Composition: All the members Of a municipality shall be elected directly by the people of the
municipal area. For this each, municipal area shall be divided into territorial constituencies to be
known as wards.

• The Constitution of Munidipalities shall be determined by a Law of the State Legislature. Wards
Committees shall be constituted in those Municipalities having a population of three lakh or more.

• Seats shall be reserved for Scheduled Castes and Scheduled Tribes. One-third of the seats shall be
reserved for women.

• Under Article 243 ZD, a District Planning Committee shall be constituted to consolidate the plans
prepared by the Panchayats and Municipalities in the district.

Historical Perspective
In 1687-88, the first municipal corporation in India was set up at Madras. In 1726, the
municipal corporation were set up in Bombay and Calcutta.
Lord Ripon's Resolution of 1882 has hailed as the Magna Carta of local self-government. He is
called as the father of local self-government.
The Government of India Act of 1935 declared local self-government as a provincial subject.

• Under Article 243 ZE, a Metropolitan Planning Committee shall be constituted to prepare a draft
development plan for the metropolitan area as a whole.

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 ELECTION COMMISSION, ELECTIONS,
POLITICAL PARTIES

Election Commission
• A permanent and an independent body established by the constitution on 25th January, 1950 to
ensure free and fair elections in the country.

• Article 324 provides the power of superintendence, direction and control of elections to parliament,
state legislatures, the offices of President and Vice-President vested in the election commission.

• Elections to Panchayats and Municipalities in the state is conducted for the State Election
Commission.

115
Appointment and Composition
• Appointment is made by the President. It consists of the Chief Election Commissioner and two
Election Commissioner.

• Chief Election Commissioner can be removed on ground similar Judge of the Supreme Court.

Tenure
• Holds office for a term of six years or until the age of 65 years, whichever is earlier.

• Chief Election Commissioners can be removed on ground similar to that of a Judge of the Supreme
Court.

Powers and Functions

• To determine the territorial areas of the electoral constituencies throughout the country on the
basis of the Delimitation Commission Act of Parliament.

• To prepare and periodically revise electoral rolls and to register all eligible voters; To notify the dates
and schedules of elections and to scrutinise nomination papers; To grant recognition to political
parties and allot election symbols to them.

• To advise the president on matter relating to the disqualifications of the members of Parliament.
To advise the governor on matters relating to the disqualifications of the members of state
legislature.

• To cancel polls in the event of rigging, booth capturing, violence and other irregularities.

Electronic Voting Machine (EVM)

• A simple electronic device used to record votes in place of ballot papers and boxes.

• It makes the process of counting of votes much faster than the conventional system. It eliminates
the possibility of invalid and doubtful votes.

• It reduces to a great extent the quantity of paper used and the process is eco-friendly.

• It was first used in 1982 by election to North Paravur Assembly Constituency in Kerala. In 2003, all
state elections and by elections were held using EVMs.

• Manufacturer : Bharat Electronics Ltd. Banglore and Electronic Corporation of India Ltd. Hyderabad.

NOTA (None of the Above)

116
 An option on the Electronic Voting Machines (EVMs) through this people get the right to reject
all candidates contesting the election.
The NOTA option was first used in the assembly election in November, 2013.
Voter Verifiable Paper Audit Trail (VVPAT)
When voter presses EVM button, printer generates a paper slip. This paper slip contains a
serial number of voter, number and his symbol. Voter can see printout and the slip
automatically goes in special box which can be used during recount.
In 2013, September, VVPAT first tried in Noksen constituency in Nagaland.

Delimitation Commission of India

• Delimitation means the process of fixing the limit of the boundaries of territorial constituencies in
a country or a province having a legislative body. But, the number of representation from each state
is not changed.

• The Delimitation Commission in India is a high power body whose orders have the force of law and
cannot be called in question before any court. In India, such delimitation commission have been
constituted 4 times in 1952, 1963, 1973 and 2002 under Delimitation Commission Acts of 1952,
1962, 1972 and 2002 respectively.

• The delimitation commission was set up on 12th July, 2002 after the 2001 census with justice Kuldip
Singh as its chairman. The assembly elections in Karnataka in 2008, was the first one to use the new
boundaries as drawn by the 2002 Delimitation Commission.

Political Parties
• Political parties are voluntary association or organised groups of individuals who share the same
political views and who try to gain political power through constitutional means and who desire to
work for promoting the national interest.

• India has a multi-party system with recognition to national and state level parties. At present, there
are 6 national parties, 51 state parties and 1415 registered unrecognised parties in the country.

• For Recognition as a National Party : A political party is recognised as a national party if any of the
following conditions is fulfilled :

• Secures 6% of valid votes polled in any 4 or more states at a general election to the Lok Sabha
or to the legislative assembly; and, in addition, it wins 4 seats in the Lok Sabha from any state
dr states; or

117
 • Wins 2% of seats in the Lok Sabha at a general elections;
and these candidates are elected from 3 states; or
Recognised as a state party in 4 states.
• All India Trinamool Congress became the 7th political
party to be recognised as a National Party in the country.
BJP, Congress, CPI, CPI(M), BSP & NCP are six other
political parties to be recognised as National Parties

Recognized National Political Parties

Part Symbol
• Bahujan Samaj Party (BSP) Elephant
• Bhartiya Janata Party (BJP) Lotus
• Communist Party of India (CPI) Ears of Corn and Sickle
• Communist Party of India-Marxist (CPM) Hammer, Sickle, Star
• Indian National congress (INC) Hand
• Nationalist Congress Party (NCP) Clock

• For Recognition as a State Party :

• The party has to Win at least three seats or three percent of the seats in the state
legislative Assembly; or

• It has to win one seat in the Lok Sabha for every 25 seats allotted to that concerned state;
or

• The party has to bag at least 6% of the total votes, and also win one Lok Sabha and two
Assembly seats; or

• Manages to win at least eight per cent of the total votes cast in the entire state.

118
119
Elections

120
 COMMISSIONS
Union Public Service Commission (UPSC)
• UPSC is the central recruiting agency in India. It is an independent constitutional body. Listed in Part
XIV in Articles 315 to 325.

Composition :
• Consists of a chairman and other members appointed by the President of India.

• It consists of nine to eleven members including the Chairman.

Tenure :
• Hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• The President can remove the chairman or any other member of UPSC for misbehaviour, insolvency
and unsound mind.

Function :
• Conducts examinations for appointments to the All-India Services, central services and Public
services of the centrally administered territories; Advises the President on matters relating to
appointment, promotions and transfers from one service to another of civil servants; Matters
regarding award to pension and awards in respect to injuries sustained during service under the
government and assists the states in framing and operating schemes of joint recruitment for any
services possessing special qualification.

State Public Service Commission (SPSC)

• Central recruiting agency in state. Independent constitutional body.

Composition
• Consists of a chairman and other members appointed by the governor of the state.

Tenure
• Hold office for a term of 6 years or until they attain the age of 62 years whichever is earlier. The
chairman and members of SPSC are appointed by the governor but removed only by the president.

JSPSC
Joint State Public Service Commission (JSPSC) for two or more states. A ISPSC is a statutory and
not a constitutional body.
JSPSC can be created by an act of Parliament on the request of the state legislature concerned.
The two state of Punjab and Haryana had a JSPSC.

121
 The number of members of a JSPSC are determined by the President. Hold office for a term of 6
years or until attain the age of 62 years. Can resign addressing to the President.

Finance Commission
• Article 280 provides for a Finance Commission as a quasi judicial body. It is constituted by the
president of India every fifth year.

• It consists of a chairman and four other members. They are eligible for reappointment. Chairman
should be a person having experience in public affairs.

• The Fourteenth Finance Commission (FC-XIV) was constituted by the President under Article 280 of
the Constitution on 2 January 2013 to make recommendations for the period 2015-20. Dr. Y. V.
Reddy was appointed the Chairman of the Commission. The share of, states in the net proceeds of
the shareable Central taxes should be 42% suggested by this commission.

14th Finance Commission

On January 2, 2013, Dr. Y. Venugopal Reddy was appointed as the chairman of the fourteenth
finance commission of India.
It has increased the share of states in the central divisible pool from 32 per cent to 42 percent.

Functions
• To make recommendations to the President of India on : Distribution of net proceeds of the taxes
to be shared between union and states, principles that should govern the grant-in-aid to the states
out of the Consolidated Fund of India and any other matter referred to it by the president in the
interests of sound finance.

National Commission for SCs and STs

• Constitutional body established by Article 338 of the constitution. To investigate all matters relating
to the constitutional safeguards for the SCs and STs and to report to the President on their working.

• 89th Constitutional Amendment Act of 2003 separated the combined National Commission for SCs
and STs into two separate bodies, namely, National Commission for Scheduled Castes (under Article
338) And National Commission for Scheduled Tribes (under Article 338-A).

• The Separate National Commission for SCs and STs came into existence in 2004. It consists of a
chairperson, a vice-chairperson and three other members. They are appointed by the president .
Their conditions of service and tenure of office are also determined by the President.

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• Other national commissions like the National Commission for Women (1992), the National
Commission for Minorities (1993), the National Commission for the Backward Classes (1993), the
National Human Right Commission (1993) and the National Commission for Protection of Child Right
(2007) are statutory bodies in the sense that they are established by Act of the Parliament.

Special Officer for Linguistic Minorities

• The Seventh Constitutional Amendment Act of 195,6 inserted a new Article 350-B in Part XVII of the
constitution. A special officer for Linguistic Minorities is to be appointed by the President. To
investigate all matters relating to the safeguards provided for linguistic minorities.

• The Commission falls under the Ministry of Minority Affairs. The commission has his headquarters
at Allahabad. It has three regional offices at Belgaum (Karnataka), Chennai (Tamil Nadu) and Kolkata
(West Bengal).

123
 BODIES
Comptroller and Auditor General of India
• Article 148 speaks about an independent office of the Comptroller and Auditor General of India
(CAG). He is the head of the Indian Audit and Accounts Department.

• He is the guardian of the public purse and controls the entire financial system of the country at both
the levels the Centre and the State.

• Shri V Narahari Rao, was the first Comptroller and Auditor General of India (1948-1954). Shashi Kant
Sharma is the present CAG of India.

Appointment and Term

• Appointed by the President of India. Holds office for a period of 6 years or upto the age of 65 years
whichever is earlier.

• Removed by the President on same grounds and in the same manner as a judge of the Supreme
Court.

Duties and Powers

• Article 149 states the duties and powers of the CAG in relation to the accounts of the union and of
the states and of any other authority or body. 2> The CAG submits three audit reports to the
President — audit report on appropriation accounts, audit report on finance accounts and audit
report on public undertaking.

Attorney General of India

• He is the highest law officer in the country. Article 76advocates for the office of the Attorney General
for India.

Qualification
• Must be a citizen of India;

• Have been a judge of some high court for five years; or

• an advocate of some high court for ten years; or

• an eminent jurist, in the opinion of the President.

Appointment and Term

• Term is not fixed by the constitution;

124
• He holds office during the pleasure of the president and

• He may also quit by addressing his resignation to the president.

Duties and Function

• To give advice to the Government of India upon such legal matters, which are referred to him by
President;

• To appear on behalf of the Government of India in all cases in the Supreme Court and High Court in
which the Government of India is concerned,

• Has the right of audience in all courts in the territory of India and has the right to speak and to take
part in the proceedings to both the Houses of Parliament or their joint sitting and any committee of
the Parliament but without a right to vote.

Solicitor General of India

Other law officers of the Government of India are the Solicitor General of India and additional
Solicitor general of India.
They assist the Attorney General of India in the fulfilment of his official responsibilities.

Advocate General of the State

• Article 165 states for the office of the Advocate General for the states.

• He is the highest law officer in the State. Appointed by the governor.

• Must be a person who is qualified to be appointed a judge of a High Court.

• Term of office is not fixed. Holds office during the pleasure of the governor.

• May resign by submitting resignation to the governor.

National Institution for Transforming India (NITI) Aayog

• It is a policy think-tank to involve states in economic policy-making in India. It will be providing
strategic and technical advice to the central and the state governments. Government has
announced formation of NITI Aayog. on January 2015.

Members
The NITI Aayog comprises of the followings:
1. Prime Minister of India as the Chairperson.

125
2. Government Councils comprising the Chief Ministers of all the States and Lieutenant Governors of
Union Territories.

3. Regional Councils will be formed to address specific issues and contingencies impacting more than
one state or a region. The Regional Councils will be convened by the Prime Minister and will
comprise of the Chief Minister of States and the NITI Aayog or his nominee.

4. Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated
by the Prime Minister.

5. Full-time organisational framework (in addition to Prime Minister as the Chairperson) comprising
of:

1. Vice-Chairperson : To be appointed by the Prime Minister.

2. Members : Full time
3. Part-time : Maximum of two from leading universities research organizations and other
relevant institutions in an ex-officio capacity. Part time members will be on a rotational basis.
4. Ex Officio members : Maximum of four members of the Union Council 1 of Ministers to be
nominated by the Prime Minister.
5. Chief Executive Officer : To be appointed by the Prime Minister for a fixed tenure, in the rank
of Secretary to the Government of India.
Planning Commission
Planning Commission is an advisory body for, planning or social and economic development
Established in March 1950 by an executive resolution of the Government of India on the
recommendation Of the Advisory arming Board constituted in 1946;under e chairmanship 'of
KC Neogi.
The Unique Identification Authority of India UIDAI) has been set up in January 2009 an attached
office under planning commission.
Planning commission is replaced by NITI Aayog on January 1, 2015.
Composition: The Prime Minister of India has been the Chairman. The Commission has a deputy
chairman. he is responsible for the formulation and submission of the draft the formulation and
submission of the draft Five-Year plan to the Central Cabinet.

National Development Council (NDC)

• NDC is the highest body responsible for policy matt1ers with regard to planning for social and
economic development. Established in August 1952 by an executive resolution of the Government
of India on the recommendation of the first five year plan

• Composition : Prime Minister of India as its chairman, All Union Cabinet Ministers, Chief ministers
of all states, administrators of all Union Territories and Members of the Planning Commission.

126
Process of Five Year Plan
1. The Draft Five Year Plan prepared by the Planning Commission is first submitted to the Union
Cabinet.

2. After its approval, it is placed before the National Development Council, for its acceptance.

3. Then, the Plan is presented to the Parliament. With its approval, it emerges as the official plan and
published in the official gazette.

National Human Rights Commission

• It is a statutory body, established in 1993 under a legislation enacted by the parliament, namely, the
Protection of Human Rights Act, 1993. The commission is the watchdog of human rights in the
country, that is, the right relating to life, liberty, equality and dignity of the individual.

Composition
• Multi-member body consisting of a chairman and four members. In addition to these full-time
members, the commission also has four ex-offico members: the chairman of the National
Commission for Minorities, SCs, STs and Women.

• The Chairman should be a retired Chief Justice of India, and members should be serving or retired
judges of the Supreme Court, a serving or retired Chief Justice of a High Court and two persons
having knowledge or practical experience with respect to human rights.

• The Chairman and members are appointed by the president.

Tenure
• The chairman and members hold office for a term of five years or until they attain the age of 70
years whichever is earlier. After their tenure, the chairman and members are not eligible for further
employment under the central or a state government.

State Human Rights Commission

• The Protection of Human Rights Act of 1993 provides for the creation of not only the National
Human Rights Commissions but also a state Human Rights Commission at the state level. 23 states
have set up the State Human Rights Commission.

• It can inquire into violation of human rights only in respect of subject mentioned in the state list
(list-II) and concurrent list (list-III) of the seventh schedule of the constitution.

Composition of the Commission

• Multi-member body consisting of a chairperson and two members. The chairperson and members
are appointed by the Governor.

127
• The chairperson should be a retired chief justice of a high court and members should be a serving
or retired judge of a High Court or a District Judge in the State with a minimum of seven years
experience as District Judge.

Tenure
• The chairperson and members hold office for a term of five years or until they attain the age of 70
years, whichever is earlier.

Lokpal and Lokayuktas

• The Adm ini trati e Reibans ComMission (ARC) of India (1966-1970) suggested the setting up of two
special authorities designated as Lokpal and Lokayuktas for the redressal of citizen grievances.

• The Lokpal would deal with complaints against ministers and secretaries at central and state levels
whereas the Lokayukta would deal with complaints against other specified higher officers in every
state

Lokayuktas
• The institution of Lokayuktas was established first in Maharashtra in 1971. At present 18 states and
1 UT (Union Territory) have established the institution of Lokayuktas.

• The states which have not created the institution of Lokayuktas are Arunachal Pradesh, Jammu and
Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tamil Nadu, Tripura and West Bengal.

• The Lokayukta and Upalokayukta are appointed by the governor of the state. While appointing, the
governor of the states consults (a) the Chief Justice of the State High Court and (b) the Leader of
Opposition.

• Judicial qualifications are prescribed for the lokayukta.

• The term of office fixed for lokayuktas is of 5 years duration or 65 years of age, whichever is earlier.

Central Information Commission

• The Central Information Commission is a high powered independent body which inter alia looks into
the complaints made to it and decide the appeals.

• It was established in 2005 by the Central Government under the provisions of the Right to
Information Act (2005).

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Composition
• Consists of a Chief Information Commissioner and not more than 10 other Information
Commissioners. Appointed by the President.

Tenure
• The Chief Information Commissioner and an Information Commissioner hold office for a term of 5
years or until they attain the age of 65 years, whichever is earlier. Not eligible for reappointment.

• The President can remove them from the office.

National Commission/Central Bodies and the Related Ministers

Ministry
1. Minister of Personnel
2. Ministry of Finance
3. Ministry of Home Affairs
4. Ministry of Social Justice &
Empowerment
5. Ministry of Tribal Affairs
6. Ministry of Minority Affairs
7. Ministry of Women and Child
Development
8. Ministry of Development of
North Eastern Region
Commission/Body
Central Information Commission; Staff Selection
Commission; Central Vigilance Commission; Central
Bureau of Investigation; Central Administrative Tribunal.
Finance Commission.
Inter-State Council; Zonal Councils; National
Investigation Agency; National Human Rights
commission.
National Commission for SCs; National Commission for
Backward Classes; Central Commissioner for Disabled
Persons.
National Commission for STs.
Commissioner for Linguistic Minorities; National
Commission for Minorities.
National Commission for Protection of Child Rights;
Central Social Welfare Board; National commission for
Women.
North Eastern Council.

State information Commission

• The Right to Information Act of 2005 provides a State Information Commission at the state level. To
look into the complaints made to it and decide the appeals under the concerned state government.

Composition
• Consists of a State Chief Information Commissioner and not more than ten state information
commissioners. Appointed by the governor.

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Tenure
• Hold office for a term of 5 years or until they attain the age of 65 years, whichever is eligible. Eligible
for reappointment.

Central Vigilance Commission (CVC)

• Established in 1964 by an executive resolution of the central government on recommendation of
the Santhanam Committee on prevention of corruption (1962-64). The main agency for preventing
corruption in the central government.

• In 2003, the parliament enacted a law conferring statutory status on the CVC. -

• CVC conducts its proceedings at its headquarters in New Delhi.

Composition :
• A multi-member body consisting of a Central Vigilance Commissioner (Chairperson) and not more
than two vigilance commissioners. Appointed by the President.

Tenure:
• Hold office for a term of 4 years or until they attain the age of 65 years, whichever is earlier. Not
eligible for further employment under the central or a state government.

Central Bureau of Investigation

• Set up in 1963 by a resolution of the Ministry of Home Affairs on the recommendation of the
Santhanam Committee on prevention Of corruption (1962-64). It derives its powers from the Delhi
Special Police Establishment Act, 1946.

• The CBI is the main investigating agency of the Central Government. It plays an important role in
the prevention of corruption and maintaining integrity in administration.

• It also provides assistance to the Central Vigilance Commission.

• Motto : Industry, Impartiality and Integrity.

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 OTHER DIMENSIONS
OFFICIAL LANGUAGE
• Part XVIII in Articles 343 to 351 deals with the official language.

• Hindi written in Devanagari Script is to be the official language of the union.

• In 1955, the President appointed an Official Language Commission under the chairmanship of B.G.
Kher. The report was examined by a committee of parliament constituted in 1957 under the
chairmanship of Gobind Ballabh Pant.

Regional Languages
The legislature of a state may adopt any One or more of the languages in use in the State or
Hindi as official language of that state.
Most of the states have adopte e major regional language as the official language, for example,
Andhra Pradesh - Telgue; Kerala - Malayalam; Odisha - Odia; etc.

• The Parliament enacted the Official Language Act in 1963. The act provides for the continued use of
English (even after 1965), in addition to Hindi, for all official purposes of the union and also for the
transaction of business in parliament. This act enables the use of English indefinitely (without any
time-limit).

• This act was amended in 1967 to make the use of English, in addition to Hindi.

• At present (2017), the Eighth Schedule of the Constitution specifies 22 languages (originally 14
languages).

Language of the Judiciary and Texts of Laws :

• The parliament provides all proceedings in the Supreme Court and in every High Court should be in
English only.

• The authoritative texts of all bills, acts, ordinances, orders, rules, regulations should be in English
only.

LINGUISTIC DIVERSITY OF INDIA

Key Highlights of the 2011 Census data on Language and Mother Tongue

• As per the 2011 census, 43.63 percent of Indians speak Hindi as their mother tongue.

131
• Bengali, with 8.03 percent speakers, is second in the list, followed by Marathi at 3rd with 6.86
percent speakers, Telugu at 4th with 6.7 percent speakers and Tamil at 5th with 5.7 percent
speakers.
• In all, 13 of the 22 scheduled languages were reported as the mother tongue by at least 1 percent
of the population.
• Except for Sanskrit, each of the 21 scheduled languages was reported as the mother tongue by at
least 10 lakh people.
• Sanskrit is the only language that is spoken by a set of around 25000 people.

Rise in Hindi language speakers

• Hindi is the most spoken Indian language. It is one of two languages used by the Union government,
the other being English.
• Currently, 43.63 percent of India speaks Hindi including languages such as Bhojpuri that are fighting
to be accorded separate status. Between 2001 and 2011, Hindi grew at a rate of 25 percent, adding
about 100 million new Hindi speakers.
• Among the 10 largest languages in India, Hindi is the only one that saw the rise in the proportion of
its speakers. The language has been witnessing the growth since 1971, driven mostly by high
population growth in the Hindi-speaking states.

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 ADMINISTRATRATIVE TRIBUNALS
• The 42nd Amendment Act of 1976 added a new Part XIV-A to the constitution which deals with
tribunals.
• Article 323A advocates for the establishment of administrative tribunals for the adjudication of
disputes relating to recruitment and conditions of service of persons appointed to public services.
• The Parliament had passed the Administrative Tribunals Act in 1985 that authorises the central
government to establish one Central Administrative Tribunal and the State Administrative Tribunals.
Central Administrative Tribunal (CAT)
• Set up in 1985 with the principal bench at Delhi and additional benches in different states. At
present, it has 17 regular benches.
• CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants
covered.
Composition
• A multi-member body consisting of a chairman and members. The members have been given the
status of Judges of High Courts.
• At present, the sanctioned strength of the chairman is one and sanctioned strength of the members
is 65.
Tenure
• Hold office for a term of five years or until they attain the age of 65 years in case of chairman and
62 years in case of members, whichever is earlier.
State Administrative Tribunals (SAT)
• The SATs have been set up in the nine states of Andhra Pradesh, Himachal Pradesh, Odisha,
Karnataka, Madhya Pradesh, Maharashtra, Tamil Nadu, West Bengal and Kerala. However, the
Madhya Pradesh, Tamil Nadu and Himachal Pradesh Tribunals have since been abolished. The Kerala
Administrative Tribunal was set up with effect from 26' August, 2010.
Joint Administrative Tribunal (JAT)
The act also makes a provision for setting up of Joint Administrative Tribunal (JAT) for two or
more states. It exercises all the jurisdiction and powers exercisable by the administrative
tribunals for such states.
The chairman and members of a JAT are appointed by the president after consultation with the
governors of the concerned states.

The SATs exercise original jurisdiction in relation to recruitment and all service matters of state
government employees. The chairman and members of the SATs are appointed by the president
after consultation with the governor of the state concerned.

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 ALL INDIA SERVICES

INTER STATE RELATIONS

• The Constitution makes the following provisions with regard to inter-state comity:

(i) Adjudication of inter-state water disputes.

(ii) Co-ordination through inter-state councils.
(iii) Mutual recognition of public acts, records and judicial proceedings.
(iv) Freedom of inter-state trade, commerce and intercourse.
In addition, the zonal councils have been established by the Parliament to promote inter-state co-
operation and co-ordination [Art. 263(a)].
• Art. 131 provides for the judicial Under Art. 262, Parliament has determination of disputes between
states constituted the Inter-State Tribunal by vesting the Supreme Court with for Water adjudication
of disputes exclusive jurisdiction in the matter, while between States for the waters of any Art. 262
provides for the adjudication of inter-State rivier of river valley one class of such disputes by an extra
judicial tribunal.

• Inter-state river water disputes are excluded from the jurisdication of all Courts including the
Supreme Court.

• Six Zonal Councils have been established to discuss and advise on matters of common interest.
These are:

Zonal Council Members Headquarter

1. Northern Zonal Jammu and Kashmir, Himachal Pradesh, Haryana, New Delhi
Council Punjab, Rajasthan, Delhi and Chandigarh
2. Central Zonal Uttar Pradesh, Uttarakhand, Chhattisgarh and Allahabad
Council Madhya Pradesh
3. Eastern Zonal Bihar, Jharkhand, West Bengal and Orissa Kolkata
Council
4. Western Zonal Gujarat, Maharashtra, Goa, Dadra and Nagar Haveli Mumbai
council and Daman and Diu

134
 5. Southern Zonal Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Chennai
Council Puducherry
6. Northern-Eastern Arunachal Pradesh, Assam, Manipur, Mizoram, Shillong
Council Tripura, Meghalaya, Nagaland and Sikkim

• Each Zonal Council consists of the Chief Minister and two other Ministers of each of the State in the
Zonal and Administrator in the case of a Union Territory.

• The Union Home Minister has been nominated to be the common chairman of all the Zonal Councils.

135
 CONSTITUTION OF INDIA : AT A GLANCE
PART-I : The Union and Its Territory

Art.1 : Name and territory of the Union.

Art.2 : Admission or establishment of new States.
Art.3 : Formation of new States and alteration of areas, boundaries or names of existing States.
Art.4 : Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth
Schedules and supplement, incidental and consequential matters.

PART-II : Citizenship.

Art.5 : Citizenship at the commencement of the Constitution.

Art.6 : Rights of citizenship of certain persons who have migrated to India from Pakistan.
Art.7 : Rights of citizenship of certain migrants to Pakistan.
Art.8 : Rights of citizenship of certain persons of Indian origin residing outside India.
Art.9 : Persons voluntarily acquiring citizenship of a foreign state not to be citizens.
Art.10: Continuance of the rights of citizenship.
Art.11: Parliament to regulate the right of citizenship by law.

PARTIII : Fundamental Rights

Art.12 : Definition.
Art.13 : Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality

Art.14 : Equality before law.

Art.15 : Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Art 16 :Equality of opportunity in matters of public employment.

Art.17 : Abolition of Untouchability.

Art.18 : Abolition to titles.

136
Right to Freedom

Art.19 : Protection of certain rights regarding freedom of speech, etc.

Art.20: Protection in respect of conviction for offences.

Art.21 : Protection of life and personal liberty.

Art.22 : Protection against arrest and detention in certain cases. Right Against Exploitation

Art.23 : Prohibition of traffic in human beings and forced labour.

Art.24 : Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

Art.25 : Freedom of conscience and free profession, practice and propagation of religion.

Art.26 : Freedom to manage religious affairs.

Art.27 : Freedom as to payment of taxes for promotion of any particular religion.

Art.28 : Freedom to attendance at religious instruction or religious worship in certain educational

institutions.

Cultural And Educational Rights

Art.29 : Protection of interests of minorities.

Art.30 : Right of minorities to establish and administer educational institutions.

Saving of Certain Laws

Art.31A : Saving of laws providing for acquisition of estates, etc.

Art.31B : Validation of certain Acts and Regulations.

Art.31C : Saving of laws giving effect to certain directive principles.

Right to Constitutional Remedies

Art.32 : Remedies for enforcement of rights conferred by this part.

Art.33 : Power of Parliament to modify the rights conferred by this part in their application etc.

Art.34 : Restriction on rights conferred by this part while martial law is in force in any area

137
Art.35 : Legislation to give effect to the provisions of this part.

PART-IV : Directive Principles of State Art Policy

Art.36 : Definition

Art.37 : Application of the principles contained in this part.

Art.38 : State to secure a social order for the promotion of welfare of the people.

Art.39 : Certain principles of policy to be followed by the State.

Art.39A : Equal justice and free legal aid.

Art.40 : Organisation of village Panchayats.

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 : Giving wage, etc. for workers.

Art.43A : Participation of workers in management of industries

Art.44 : Uniform civil code for the citizens.

Art.45 : Provision for free and compulsory education for children.

Art.46 : Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections.

Art.47 : Duty of the State to raise the level of nutrition and the standard of living and to improve public
health.

Art.48 : Organisation of agriculture and animal husbandry

Art.48A : Protection and improvement of environment and safeguarding of forests and wild life.

Art.49 : Protection of monuments and places and objects of national importance.

Art.50 : Separation of judiciary from executive.

Art.51 : Promotion of international peace and security.

PART-IVA :FUNDAMENTA DUTIES

Art.51A : Fundamental duties.

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PART-V

Chapter-I: : The Executives, The President and Vice-President

Art.52 : The President of India.

Art.53 : Executive power of the Union.

Art.54 : Election df President.

Art.55 : Manner of election of President.

Art.56 : Term of office of President.

Art.57 : Eligibility for re-election.

Art.58 : Qualifications for election as President

Art.59 : Conditioris of President's office.

Art.60 Oath or affirmation by the President.

Art.61 : Procedure for impeachment of the President:

Art.62 : Time of holding election to fill vacancy in the office of President and the term of office of person
elected to fill casual vacancy.

Art.63 : The Vice-president of India.

Art.64 : The Vice-President to be ex-officio Chairman of the Council of States

Art.65 : The Vice-President to act as President or to discharge his functions iduring casual vacancies in
the office, or during the absence, of President.

Art.66 : Election of Vice-President.

Art.67 : Term of office of Vice-President.

Art.68 : Time of holding election to fill vacancy in the office of Vice-President and the term of office of
person elected to fill casual vacancy. 11

Art.69 : Oath or affirmation by the Vice-President.

Art.70 : Discharge of President's functions in other contingencies.

Art.71 : Matters relating to, or connected with, the election of a President or Vice-President.

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Art.72 : Power of President to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases.

Art.73 : Extent of executive power of the Union.

Council of Ministers

Art.74 : Council of Ministers to aid and advice President.

Art.75 : Other provisions as to Ministers.

The Attorney-General for India

Art.76 : Attorney-General for India.

Conduct of Government Business

Art.77 : Conduct of business of the Government of India.

Art.78 : Duties of Prime Minister as respects the furnishing of information to the President, etc.

Chapter-II : Parliament (General)

Art.79 : Constitution of Parliament.

Art.80 : Composition of the Council of States.

Art.81 : Composition of the House of the People.

Art.82 : Readjustment after each census.

Art.83 : Duration of Houses of Parliament.

Art.84 : Qualification for membership of Parliament.

Art.85 : Sessions of Parliament, prorogation and dissolution.

Art.86 : Rights of President to address and send messages to Houses.

Art.87 : Special address by the President.

Art.88 : Rights of Ministers and Attorney-General in respective Houses.

Officers of Parliament

Art.89 : The Chairman and Deputy Chairman of the Council of States.

140
Art.90 : Vacation and resignation of, and removal from, the office of Deputy Chairman.

Art.91 : Power of the Deputy Chairman or other person to perform the duties of the office of, or to act
as, Chairman.

Art.92 : The Chairman or the Deputy Chairman not to preside while a resolution for his removal from
office is under consideration.

Art.93 :The Speaker and Deputy Speaker of the House of the People.

Art.94 : Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

Art.95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as
Speaker.

Art.96 : The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office
is under consideration.

Art.97 : Salaries and allowances of the Chairman and Deputy Chairman and the ,Speaker and Deputy
Speaker.

Art.98 : Secretariat of Parliament.

Conduct of Business

Art.99 : Oath or affirmation by members.

Art:100 : Voting in Houses, power -of Houses to act not withstanding vacancies and quorum.

Disqualification of Members

Art.101 : Vacation of seats.

Art.102 : Disqualifications of membership.

Art.103 : Decision on questions as to disqualifications of members.

Art.104 : Penalty for sitting and voting before making oath or affirmation under Article 99 or when not
qualified or when disqualified.

141
Powers. Privileges and Immunities of Parliament and its members

Art.105 : Powers, privileges, etc., of the Houses of Parliament and of the members and committees
thereof.

Art.106 : Salaries and allowances of members.

Legislative Procedure

Art.107 : Provisions as to introduction and passing of Bills.

Art.108 : Joint sitting of both Houses in. certain cases.

Art.109 : Special procedure in respect of Money Bills.

Art.110 : Definition of "Money Bill".

Art.111 : Assent to Bills.

Procedure in Financial Matters

Art.112 Annual financial statement (Budget)

Art.113 : Procedure in Parliament with respect to estimates.

Art.114 : Appropriation Bills.

Art.115 : Supplementary, additional or excess grants.

Art.116 : Votes on account, votes of credit and exceptional grants.

Art.117 : Special provisions as to Financial Bills.

Procedure Generally

Art.118 : Rules of procedure.

Art.119 : Regulation by law of procedure in Parliament in relation to financial business.

Art.120 : Languages to be used in Parliament.

Art.121 : Restriction on discussion in Parliament.

Art.122 : Courts not to inquire into proceedings of Parliament.

142
Chapter III : Legislative Powers of the President

Art.123 : Power of President to promulgate Ordinances during recess of Parliament.

Chapter IV : The Union Judiciary

Art.124 : Establishment and constitution of Supreme Court.

Art.125 : Salaries, etc., of Judges of Supreme Court.

Art.126 : Appointment of acting Chief Justice of Supreme Court.

Art.127 : Appointment of adhoc Judges.

Art. 128 : Attendance of retired Judges at sitting of the Supreme Court.

Art.129 : Supreme Court to be a court of record.

Art.130 : Seat of Supreme Court

Art.131 : Original Jurisdication of the Supreme Court.

Art.132 : Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

Art.133 : Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.

Art.134 : Appellate jurisdiction of Supreme Court in regard to criminal matters.

Art.134 : A Certificate for appeal to, the Supreme Court.

Art.135 : Jurisdiction and powers of the Federal Court under existing law to be exercisable by the
Supreme Court.

Art.136 : Special 'leave to appeal by the Supreme Court.

Art.137 : Review of judgements or orders by the Supreme Court.

Art.138 : Enlargement of the jurisdiction of the Supreme Court.

Art.139 : Conferment on the Supreme Court of powers to issue certain writs.

Art.139A : Transfer to certain cases.

Art.140 : Ancillary powers of Supreme Court.

143
Art.141 : Law declared by Supreme Court to be binding on all courts

Art.142 : .Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Art.143 : Power Of President to consult Supreme Court.

Art.143 : Civil and judicial authorities to act in aid of the Supreme Court.

Art.145 : Rules of Court, etc.

Art.146 : Officers and servants and the expenses! of the Supreme Court

Ari.147 : . Interpretation

Chapter V : Comptroller and Auditor-General of India

Art.148 : Comptroller and Auditor- General of India.

Art.149 : Duties and powers of the Comptroller and Auditor- General.

Art.150 : Form of accounts of the Union and of the States.

Art.151 : Audit reports.

PART-V1 : The States

Chapter I : General

Art.152 : Definition.

Chapter II : The Executive The Governor

Art.153 : Governors of States.

Art.154 : Executive power of State.

Art.155 : Appointment of Governor.

Art.156 : Term of office of Governor.

Art.157 : Qualifications for appointment as Governor.

Art.158 : Conditions of Governor's office.

Art.159 : Oath or affirmation by the Governor.

144
Art.160 : Discharge of the functions of the Governor in certain contingencies.

Art.161 : Power of Governor to grant pardons, etc. and to suspend, remit or commute sentences in
certain cases.

Art.162 : Extent of executive power of State.

Council of Ministers

Art.163 : Council of Ministers to aid and advise Governor.

Art.164 : Other provisions as to Ministers.

Art.165 : Advocate-General for the state.

Conduct of Government Business

Art.166 : Conduct of business of the Government of a State.

Art.167 : Duties of Chief Minister as respects the furnishing of information to Governor, etc.

Chapter III : The State Legislature

Art.168 : Constitution of Legislature in States.

Art.169 : Abolition or creation of Legislative Councils in States.

Art.170 : Composition of the Legislative Assemblies.

Art.171 : Composition of the Legislative Councils.

Art.172 : Duration of State Legislatures.

Art.173 : Qualification for membership of the State Legislatures.

Art.174 : Sessions for the State Legislature, prorogation and dissolution.

Art.175 : Right of Governor to address and send messages to the House or Houses.

Art.176 : Special address by the Governor.

Art.177 : Rights of Ministers and Advocate-General as respects the Houses.

Offices of the State Legislature

Art.178 : The Speaker and Deputy Speaker of the Legislative Assembly.

145
Art.179 : Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

Art.180 : Power of the Deputy Speaker or other person to perform the duties of the office of, or to act
a F; Speaker.

Art.181 : The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration.

Art.182 : The Chairman and Deputy . Chairman of the Legislative Council.

Art.183 : Vacation and resignation of, and removal from, the offices of Chairman and. Deputy Chairman.

Art.184 : Power of Deputy Chairman or other person to perform the duties of the office, or act as,
Chairman.

Art.185 : The Chairinn or the Deputy Chairman not to preside white a resolution for his removal from
office is under consideration.

Art.186 : Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy
Chairman.

Art.187 Secretariat of State Legislature.

Conduct of Business

Art.188 : Oath or' affirmation by members.

Art.189 : Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualification of Members

Art.190 : Vacation of seats.

Art.191 : Disqualifications of membership.

Art.192 : Decision on questions as to disqualifications of members.

Art.193 : Penalty for sitting and voting before making oath or affirmation under Article 188 or when not
qualified or when disqualified.

146
Powers, Privileges and Immunities of State Legislatures and Their Members

Art.194 : Powers, privileges, etc., of the Houses of Legislatures and of the members and committees
thereof.

Art.195 : Salaries and allowances of members.

Legislative Procedure

Art.196 : Provisions as to introduction and passing of Bills.

Art.197 Restriction on powers of Legislative Council as to bills other than Money Bills.

Art.198 : Special procedure In respect of Money Bills.

Art.199 Definition of "Money Bills".

Art.200 : Assent to Bills.

Art.201 : Bill reserved for consideration.

Procedure in Financial Matters

Art.102 Annual financial statement.

Art.203 'Procedure in Legislature with respect to estimates.

Art 204.: Appropriation Bills.

Art.205: Supplementary, additional or excess grants.

Art.206 Votes on account, votes of credit and exceptional grants.

Art.207 : Special provisions as to financial Bills.

Procedure Generally

Art.208 : Rules of procedure.

Art.209 : Regulation by law of procedure in Legislature of the State in relation to financial business.

Art.210 : Language to be used in the Legislature.

Art.211 : Restriction on discussion in the Legislature.

Art.212 : Courts not to inquire into proceedings of the Legislature.

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Chapter IV ::Legislative Powers of the Governor

Art.213 : Power of Governor to promulgate Ordinances during recess of Legislature.

Chapter V : The High Courts in the States

Art.214 : High Courts of States.

Art.215 : High Courts to be courts of record.

Art.216 : Constitution of High Courts.

Art.217 : Appointment and conditions of the office of a Judge of a High Court.

Art.218 : Application and conditions of the office of a Judge of a High Court.

Art.219 : Oath or affirmation by judges of High Courts.

Art.220 : Restriction on practice after being a permanent judge.

Art. 221 : Salaries, etc., of Judges.

Art. 222: Transfer of a Judge from one High Court to another.

Art.223 : Appointment of acting Chief Justice.

Art. 224 : Appointinent of additional and acting judges.

Art. 224A : Appointment of retired judges at sitting of High Courts.

Art.225: Jurisdiction of existing High Courts.

Art. 226: Power of High Court to issues certain writs.

Art. 227 : Power of superintendence over all courts by the High Court.

Art. 228 : Transfer of certain cases to High Court.

Art. 229 : Officers and servants and the expenses of High Courts.

Art.230 : Extension of jurisdiction of High Courts to Union territories.

Art.231 : Establishment of a common High Court for two or more States.

Chapter VI : Subordinate Courts

Art.233 : Appointment of district judges.

148
Art.233A : Validation of appointments of and judgments etc, delivered by, certain district judges.

Art.234 : Recruitment of persons other than district judges to the judicial service.

Art.235 : Control over subordinate courts.

Art.236 : Interpretation.

Art.237 : Application of the provisions of the Chapter to certain class or classes of magistrates.

PART VIII : The Union Territories

Art.239 : Administration of Union Territories.

Art.239A : Creation of local Legislatures or Council of Ministers or both for certain Union territories.

Art.239B : Power of administrator to promulgate Ordinances during recess of Legislature.

Art.239AB: Provision in case of failure of Constitutional Machinery.

Art.240 : Power of President to make regulations for certain Union Territories.

Art.241 : High Courts for Union Territories.

PART IX : The Panchayats

Art.243 : Power, Authority and

-2430 Responsibilities of Panchayats.

PART IX A: The Municipalities

Art.243P-243ZG : Power, Authority and Responsibilities of Municipalities.

CONSTITUTION OF INDIA : AT A GLANCE

• PART IX. B : Cooperative Societies
• PART X : The Scheduled And Tribal Areas
• PART-XI : Relations Between The Union And The States .
• PART XII : Finance, Property, Contracts and Suits
• PART-XIV A : Tribunals

149
• PART-XV : Elections
• PART XVII : Official Language
• PART XX : Amendment of the Constitution etc

PART IX.B : Cooperative Societies

Art.243ZH-243ZT : Power, Authority and Responsibilities of Cooperative Societies.

PART X : The Scheduled And Tribal Areas

Art.244 : Administration of Scheduled Areas and Tribal Areas

Art.244A : Formation of an autonomous State comprising certain tribal areas in Assam and creation of
local Legislature or Council of Ministers or both therefore.

PART-XI : Relations Between The Union And The States .

Chapter I : Legislative Relations Distribution of Legislative Powers

Art.245 : Extent of laws made by Parliament and by the Legislatures of States.

Art.246 : Subject-matter of laws made by Parliament and by the Legislatures of States.

Art.247 : Power of Parliament to provide for the establishment of certain additional courts.

Art.248 : Residuary powers of legislation.

Art.249 : Power of Parliament to legislate with respect to a matter in the State List in the national
interest.

Art.250 : Power of Parliament to legislate with respect to any matter in the State List if a Proclamation
of Emergency is in operation.

Art.251 : Inconsistency between laws made by Parliament under Articles 249 and 250 and laws Made
by the Legislatures of States.

Art.252 : Power of Parliament to legislate for two or more states by Consult and adoption of such
legislation by any other State.

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Art.253 : Legislation for giving effect to international agreements.

Art.254 : Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

Art.255 : Requirements as to recommendations and previous sanctions to be regarded as matters of

procedure only.

Chapter II : Administrative Relations

Art.256 : Obligation of States and the Union.

Art.257 : Control of the Union over State3 in certain cases.

Art.257A: Assistance to States by deployment of armed forces or other forces of the Union (Repealed).

Art.258 : Power of the Union to confer powers, etc., on States in certain cases.

Art.258A : Power of the States to entrust functions to the Union.

Art.260 : Jurisdiction of the Union in relation to territories outside India.

Art.261 : Public acts, records and judicial proceedings.

Disputes Relating to Water

Art.262 : Adjudication of disputes relating to water of inter-State rivers or river valleys.

Co-Ordination Between States

Art.263 : Provisions with respect to an inter-State Council.

PART XII : Finance, Property, Contracts and Suits

Chapter I : Finance

Art.264 : Interpretation.

Art.265 : Taxes not to be imposed save without authority of law.

Art.266 : Consolidated Funds and Public Accounts of India and of the States.

Art.267 : Contingency Fund.

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Distribution of Revenues between The Union and The States

Art.268 : Duties levied by the Union but collected and appropriated by the States.

Art.269 : Taxes levied and collected by the Union but assigned to the States

Art.270 Taxes levied and collected by the Union and distributed between the Union and the States.
Art.271 Surcharge on certain duties and taxes for purposes of the Union.

Art.272 : Taxes which are levied and collected by the Union and may be distributed between the Union
and the States.

Art.273 : Grants in lieu of exports duty on jute and jute products.

Art.274 : Prior recommendation of President required to Bills affecting taxation in which States are
interested.

Art.275 : Grants from the Union to certain States.

Art.276 : Taxes- on professions, trades, ceilings and employments.

Art.277 : Savings.

Art.279 : Calculation of net proceeds, etc.

Art.280 : Finance Commission.

Art.281 : Recommendations of the Finance Commission.

Miscellaneous Financial Provisions

Art.282 : Expenditure defrayable by the .Union or a State out of its revenues.

Art.283 : Custody, etc., of Consolidated Funds, Contingency Funds and money credited to the public
accounts.

Art.284 : Custody of suitors deposits and other moneys received by public servants and courts..

Art.285 : Exemption of property of the Union from State taxation.

Art.286 : Restrictions as to imposition of tax on the sale or purchase of goods

Art.287 : . Exemption from taxes on electricity.

Art.288 : Exemption from taxation by States in respect of water or electricity in certain cases.

152
Art.289 : Exemption of property and income of a State from Union taxation.

Art.290 : Adjtistment in respect of certain expenses and pensions.

Art.290A : Annual payment to certain Devaswom Funds.

Chapter II Borrowing

Art.292 : Borrowing by the Government of India.

Art.293 : Borrowing by States.

Chapter III : Property, Contracts, Rights, Liabilities Obligation and Suits

Art.294 : Succession to property, assets, rights, liabilities and obligations in certain cases.

Art.295 : Succession to property, assets, rights, liabilities and obligations in other cases.

Art.296 : Property accruing by escheat or lapse or as bona vacantia.

Art.297 : Things of value within territorial waters of continental shelf and resources of the exclusive
economic zone to vest in the Union.

Art.298 : Power to carry on trade, etc.

Art.299 : Contracts.

Art.300 : Suits and Proceedings.

Chapter IV : Right to. Property

Art.300A : Person not to be deprived of Property save by authority of law.

PART XIII : Trade, Commerce and Intercourse within the Territory of India

Art.301 : Freedom of trade, commerce and in course.

Art.302 : Power of Parliament to impose restrictions on trade, commerce and intercourse.

Art.303 : Restrictions on legislative powers of the Union and of the States with regard to trade and
commerce.

Art.304 : Restrictions on trade, commerce and intercourse among States.

Art.305 Saving of existing laws and providing for states monopolies.

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Art.307 : Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV : Services Under the Union and the States

Chapter I : Services

Art.308 : Interpretation.

Art.309 : Recruitment and conditions of service of persons serving the Union or a State.

Art.310 : Tenure of office of persons serving the Union or a State.

Art.311 : Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union
or a State.

Art. 312 : All-India Services.

Art.312A : Power of Parliament to vary or revoke conditions of service of officers of certain services.

Art.313 : Transitional provisions.

Chapter II : Public Service Commission

Art.315 : Public Service Commission for the Union and for the States.

Art.316 : Appointment and term of office of members.

Art.317 : Removal and suspensions of a member of a Public Service Commission

Art.318 : Power to make regulations as to conditions of service of members and staff of the Commission.

Art.319 : Prohibition as to the holding of offices by members of Commission on ceasing to be such

members.

Art.320 : Functions of Public Service Commissions.

Art.321 : Power to extend functions of Public Service Commissions.

Aft.322 : Expenses of Public Service Commissions.

Art.323 : Reports of Public Service Commissions.

PART-XIV A : Tribunals

Art. 323A : Administrative tribunals.

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Art. 323B : Tribunals for other matters.

PART-XV : Elections

Art.324 : Superintendence, direction and control of elections to be vested in an Election Commission.

Art.325 : No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll
on grounds of religion, race, caste or sex.

Art.326 : Elections to the House of the People and to the Legislative Assemblies for States to be on the
basis of adult suffrage.

Art.327 : Power of Parliament to make provision with respect to elections to Legislatures.

Art.328 : Power of Legislature of a State to make provision with respect to elections to such Legislatures.

Art.329 : Bar to interference by courts in electoral matter.

PART XVI : Special Provisions Relating to Certain Classes

Art.330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

Art.331 : Representation of the Anglo-Indian community in the House of the People.

Art.332 : Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies
of the States.

Art.333 : Representation of the Anglo-Indian community in the Legislative Assemblies of the States.

Art.334 : Reservation of seats and special representation to cease after fifty years.

Art.335 : Claims of Scheduled Castes and Scheduled Tribes to services and posts.

Art.336 : Special provision forAnglo- Indian community in certain services.

Art.337 : Special provision with respect to educational grants for the benefit of Anglo-Indian community.

Art.338 : Special officer for Scheduled Castes, Scheduled Tribes, etc.

Art.339 : Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled
Tribes.

Art.340 : Appointment of a Commission to investigate the conditions of backward classes.

Art.341 : Scheduled Castes.

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Art.342 : Scheduled Tribes.

PART XVII : Official Language

Chapter I : Language of the Union

Art.343 : Official language of the Union. :

Art.344 : Commission and Committee of Parliament of Official language.

Chapter II : Regional Languages

Art.345 : Official languages or languages of a State.

Art.346 : Official language for communication between one State and another or between a State and
the Union.

Art.347 : Special provision relating to language spoken by a section of the population of a State.

Chapter III : Language of the Supreme Court, High Courts, etc.

Art.348 : Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

Art.349 : Special procedure for enactment of certain laws relating to language.

Chapter. IV : Special Directives

Art. 350 : Language to be used in representations for redress of grievances.

Art.350A : Facilities for instructions in mother, tongue at primary stage.

Art.350B : Special officer for linguistic minorities.

Art.351 : Directive for development of the Hindi language.

PART XVIII : Emergency Provisions

Art.352 : Proclamation of Emergency.

Art.353 : Effect, of proclamation of Emergency.

Art.354 : Application of provisions relating to distributions of revenue while-a Proclamation of

Emergency is in operation.

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Art.355 : Duty of the Union to protect States against external aggression and internal disturbance.

Art.356 : Provisions in case of failure of constitutional machinery in States.

Art.357 : Exercise of legislative powers under Proclamation issued under article 356.

Art.358 : Susperision of provisions of article 19 during emergencies.

Art.359 : Suspension of the enforcement of the rights conferred by Part III during 'emergencies.

Art. 360 : Provisions as to financial emergency.

PART XIX : Miscellaneous

Art.361 : Protection of President and Governors and Rajpramukhs.

Art.361A : Protection of publication of proceedings of Parliament and State Legislatures.

Art.363 : Bar to interference by courts in disputes arising out of certain treaties,

agreements, etc.

Art.363A : Recognition granted to Rulers of Indian States to create and privy purses to be
abolished.

Art.364 : Special provisions as to major ports and aerodromes.

Art.365 : Effect of failure to comply with, or to give effect to, directions given by the
Union.

Art.366 : Definitions.

Art.367 : Interpretation.

PART XX : Amendment of the Constitution

Art.368 : Power of Parliament to amend the Constitution and procedure.

PART XXI : Temporary, Transitional and Special Provisions

Art.369 : Temporary power to Parliament to make laws with respect to certain matters
in the State List as if they were matters in the Concurrent List.

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Art.370 : Temporary provisions with respect to the State of Jammu and Kashmir.

Art.371 : Special provisions with respect to the State of Maharashtra and Gujarat.

Art.371A : Special provision with respect to the State of Nagaland.

Art.371B : Special provision with respect to the State of Assam.

Art.371C : Special provision with respect to the State of Manipur

Art.371D : Special provision with respect to the State of Andhra Pradesh

Art.371E : Establishment of Central University in Andhra Pradesh.

Art.371F : Special provisions with respect to the State of Sikkim.

Art.371G : Special .provisions with respect to the State of Mizoram.

Art.371H : Special provision with respect to the State of Arunachal Pradesh.

Art.371I : Special provision with respect to the State of Goa.

Art.372 : Continuance in force of existing laws and their adaptation.

Art.372A : Tower of the President to adapt laws.

Art.373 : Powers of President to make order in respect of persons under preventive

detention in certain cases. Art.374 : Provisions as to judges of the Federal Court and
proceedings pending in the Federal Court or before His Majesty in Council.

Art.375 : Court, authorities and officers to continue to function subject to the provisions
of the Constitution.

Art. 376 : Provisions as to Judges of High Courts.

Art. 377 : Provisions as to Comptroller and Auditor General of India.

Art. 378 : Provisions as to Public Service Commissions.

Art.378A : Special provisions as to duration of Andhra Pradesh Legislative Assembly.

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Art.392 : Power of the President to remove difficulties.

PART XXII : Short Title, Commencement, Authoritative Text in Hindi and Repeals

Art.393 : Short title.

Art.394 : Commencement.

Art.394A : Authoritative Text in the Hindi language

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160