CONSTITUTION

OF

INDIA

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 INDIAN POLITY

FRAMING OF THE CONSTITUTION

The idea to have Constitution was give by M.N. Roy (A pioneer of Communist Movement in
India)
• The present constitution was framed by the Constituent Assembly of India setup
under Cabinet Mission Plan of May 16, 1946.
❖ Composition of Constituent Assembly
• The Constituent Assembly consisted of 389 members, of which 292 were elected by
the elected members of the Provincial Legislative Assemblies while 93 members were
nominated by the Princely States. A representative from each of the four Chief
Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British Baluchistan
was also added.
• Each Province and each Indian State or group of States wee allotted the total number
of seats proportional to their respective population roughly in the ratio of one to a
million.
• The seats in each province were distributed among the three main communities-
Muslim, Sikh and General, in proportion to their respective populations.
• Members of each community in the Provincial Legislative Assembly elected their own
representatives by the method of proportional representation with single transferable
vote.
• The method of selection in the case of representatives of Indian States was to be
determined by consultation.
• But when the Muslim League decided to withdraw its members from the Constituent
Assembly of India and with the creation of a separate Constituent Assembly for
Pakistan on July 16, 1947, the membership of the Constituent Assembly for India
was reduced to 299, out of which 229 represented the provinces and 70 were
nominated by the Princely states.
❖ FUNCTIONING OF THE CONSTITUENT ASSEMBLY
• B.N. Rao was appointed the constitutional advisor of the Assembly.
• The first meeting of the Constituent Assembly took place on Dec 9, 1946 with Dr.
Sachidanand Sinha as its interim President. Dr. Rajendra Prasad was elected as its
President on Dec 11, 1946.
• The Assembly had 13 committees for framing the constitution. The important ones
were;
Committee Chairman
Union Power Committee J.L. Nehru
Fundamental Rights and Minority Committee V.B. Patel
Provincial Constituent Committee V.B. Patel
Union Constitution Committee J.L. Nehru
Drafting Committee B.R. Ambedkar
Flag Committee J.B. Kripalani
Steering Committee K.M. Munshi
• All these Committees submitted their reports, which were widely discussed by the
Constituent Assembly.
DRAFTING COMMITTEE
• Drafting Committee, which bore the responsibility of drafting the Constitutional
document during the recess of the Constituent Assembly, from July 1947 to Sept.
1948, was formed on Aug 29, 1947. Its members were:
1. Dr. B.R. Ambedkar- Chairman
2. N.Gopalaswami Ayyangar
3. Alladi Krishnaswami Ayyar ( a distinguished jurist)
4. K.M. Munshi ( a distinguished jurist)
5. Syyed Mohd. Saadulla
6. N. Madhav Rao (in place of B.L. Mitra)
7. D.P. Khaitan (T Krishnamachari, after Khaiton's death in 1948)

ENACTMENT OF THE CONSTITUTION

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▪ The Drafting Committee prepared the draft of the Constitution, which came out in the
open on Feb 4, 1948 (first reading) to elicit the public opinion and reaction to it. The
Assembly had a general discussion on it for five days.
▪ The Constituent Assembly next met on Nov 15, 1948 when the provision of the Draft
were considered and discussed in detail (second reading). During this stage, as many
as 7,653 amendments were proposed and 2,473 were actually discussed in the
Assembly.
▪ The third reading of the draft started on Nov 14, 1949. It was finally passed and
accepted on Nov 26, 1949. The last session of the Assembly was held on Jan 24, 1950,
which unanimously elected Dr. Rajendra Prasad as the President of India. In all, 284
members of the Assembly signed the official copies of the Indian Constitution which
came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India.
▪ The Constitution, adopted on Nov 26, 1949, contained a Preamble, 395 articles & 8
schedules (12 at present).
▪ Constituent Assembly took 2 years – 11 months- 18 days to complete the constitution.
▪ Although Constitution was ready on Nov 26, 1949 but was delayed till Jan 26, 1950
because in 1929 on this day Indian National Congress demanded 'Poorna Swaraj' in
Lahore session under J.L. Nehru. (Some of the provisions as those related to
citizenship, elections, provisional parliament etc, were given immediate effect).
▪ Constituent Assembly adopted our National Flag on July 22, 1947. It was designed
by Pingali Venkaiah of Andhra Pradesh.
CONSTITUTIONAL
The history of the Constitutional development in India can be traced back to
the Regulating Act of 1773, which for the first time made the provision for the post of Governor
General in India. Since then a number of Constitutional experiments were introduced aiming
at streamlining the India Administration.
▪ However, the year 1858 serves as watershed when the Indian Administration came
under the direct rule of the British Crown and the centralization of the administration
was at its pinnacle. Thus the period of British constitutional development experiment
in India can be divided into two phases;
▪ Constitutional experiments during the rule of the East India company (1773-
1857)
▪ Constitutional experiments under the British Crown (1857-1947).
CONSTITUTIONAL EXPERIMENTS DURING THE RULE OF THE EAST INDIA COMANY
(1773- 1857)
REGULATING ACT, 1773
• Subjected the Company's actions to the supervision of the British Govt.
• End of Dual government.
• Governor of Bengal to be the Governor- General of British territories of India.
• Establishment of Supreme Court in Calcutta.
• The servants of the Company were forbidden to engage in private trade accept
presents or bribes, etc
PITTS ACT OF 1784
• The commercial and political activities of the Company were now separated. Board of
Control of six members (including two cabinet ministers) set-up to guide and
supervise the affairs of the Company in India.
• Three members will be there in Governor-General's Executive Council.
• Secret Committee of three directors was to look into political and military
affairs.(Governor General and the council were forbidden to declare war and make
treaties without the sanction of secret committee).
• Madras and Bombay Presidencies were subordinated to the Governor-General in-
Council of Bengal in all matters.
• This act gave the British Government a measure of control over the Company's affairs.
In fact, the Company became a subordinate department of the State.
ACT OF 1786
• Governor General given the power to over-ride the council and was made Commander-
in-Chief also.
CHARTER ACT OF 1793
• Company given monopoly of trade for 20 more years.
• Expenses and salaries of the Board of Control to be charged on Indian revenue.

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• The Governor General and the Governors could now over-ride the decisions of their
respective Councils.
• All laws were to be translated in Indian languages.
• It laid the foundation of govt. by written laws, interpreted by courts.
CHARTER ACT OF 1813
• Company deprived of its trade monopoly in India except in tea and trade with China.
This made the Company more of an administrative body. All Englishmen could trade
with India subject to few restrictions.
• A sum of Rs. 1 lakh earmarked annually for education of Indians.
• Further, Christian missionaries were also permitted to come to India and preach their
religion.
CHARTER ACT OF 1833
• End of Company's monopoly even in tea and trade with China. Company was asked
to close its commercial business at the earliest.
• All restrictions on European immigration into India and acquisition of land and
property in India by them were removed, legalizing European colonization of India.
• Governor General of Bengal to be Governor General of India; all powers, administrative
and financial, were centralized in the hands of the Governor-General-in-council. (1st
Governor General of India- Lord William Bentinck).
• President of Board of Control became the minister for Indian affairs.
• A law member (without power to vote) was added to the Executive Council of the
Governor General. Macaulay was the first Law member. This increased the council's
strength to four with it began the Indian Legislature.
• A law commission was constituted for codification of laws.
• The Act threw open to all, irrespective of religion, place of birth, descent and colour,
services under the Company.
CHARTER ACT OF 1853
• The Act renewed the powers of the Company and allowed it to retain the possession
of Indian territories in trust for the British Crown but not for any specified period.
• The number of members of the Court of Directors was reduced from 24 to 18 of which
6 were to be nominated by the Crown.
• The Law member was made a full member of the Governor General's Executive Council
• Legislation was treated for the first time as separate from executive functions.
• Questions could be asked and the policy of the Executive Council could be discussed,
though the Executive council could veto a bill of the Legislative Council.
• Recruitment to Civil Services was based on open annual competition examination
(excluding Indians).
CONSTITUTIONAL EXPERIMENTS UNDER
THE BRITISH CROWN (1857- 1947)
GOVERNMENT OF INDIA ACT, 1858
• Rule of Company in India ended and that of the Crown began.
• System of Dual government ended. Court of Directors and Board of Control abolished
and substituted them with a post of Secretary of State (a member of the British
cabinet). He was to exercise the power of the Crown.
• Secretary of State governed India through the Governor General.
• Governor General received the title of Viceroy. He represented Secretary of State and
was assisted by an Executive Council, which consisted of high officials of the Govt.
• A unitary and highly centralized administrative structure was created.
•

DEVELOPMENT IN INDIA

INDIAN COUNCIL ACT, 1861

• A fifth member, who was to be a jurist, was added to the Viceroy's Executive Council.
• 6-12 additional members to be added to the Executive Council for legislation purpose.
This implied that Viceroy's Executive Council, which was so long composed of officials,

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 would now include certain additional non official members, Some of non-official seats
were ofered to natives of high ranks. Thus, a minute element of 'popular' participation
was introduced in the legislative process. The additional members, though, had little
powers.
• The Executive Council was now to be called Central Legislative Council.
• Viceroy could issue ordinances in case of emergency.
INDIAN COUNCIL ACT, 1892
• Two improvements in both the Central and the Provincial Legislative Councils were
suggested;
a) Though the majority of the official members was retained, the non-official members
were to be nominated by the Bengal Chamber of Commerce and Provincial Legislative
Councils. (The non-official members of the Provincial Council were to be nominated
by certain local bodies such as universities, district boards, municipalities). Indian
leaders like G. K. Gokhale, Ashutosh Mukherjee, Ras Bihari Ghosh and S.N. Banerjee
found their way in the Legislative Council.
b) The Councils were to have the powers to discuss the annual statement of revenue and
expenditure (i.e. the budget) and of addressing question to the Executive. They could
also put questions, within certain limits, to the Government on matters of public
interest after giving six days' notice.
INDAIN COUNCIL ACT, 1909 OR MORLEY- MINTO REFORMS
• Morley was the Secretary of State, while Minto was the Indian viceroy.
• Legislative Council, both at the Centre and in the Provinces, were expanded.
• With regard to Central Government, an Indian member was taken in the Executive
Council of the Governor General. The sizes of the Provincial Legislative Council were
enlarged by including elected non-official members so that the official majority was
gone. Their functions were also increased. Now, they could move resolutions on
Budget and on some matters of public matters.
• An element of election was also introduced in the Central Legislative Council, but the
official majority was maintained.
• The most notable and retrograde change introduced was that Muslims were given
separate representation. Thus, communal representation was introduced.
GOVERNMENT OF INDIA ACT, 1919 OR MONTAGUE CHELMSFORD REFORMS
• Dyarchy system introduced in the provinces. It was considered to be a substantial
step towards transfer of power to the Indians. The Provincial subjects of
administration were to be divided into two categories; Transferred and Reserved. The
Transferred subjects were to be administered by the Governor with the aid of ministers
responsible to the Legislative Council. The Governor and the Executive Council were
to administer the reserved subjects without any responsibility to the legislature.
• Devolution Rules; Subjects of administration were divided into two categories-Central
and Provincial. Subjects of all India importance (like railways and finance) were
brought under the category of Central, while matters relating to the administration of
the provinces were classified as Provincial.
• The Provincial Legislature was to consist of one House only (Legislative Council).
• The number of Indians in the Governor General's Executive Council was raised to
three in a Council of eight. The Indian members were entrusted with departments
such as Law, Education, Labour, Health and Industries.
• The Centre was now to have a Bicameral Legislature for the first time. It actually
happened after 1935 Act.
• Communal representation extended to Sikhs, Christians, Anglo- Indians, etc.
• Secretary of State to be henceforth paid salary out of the British revenue.
GOVERNMENT OF INDIA ACT, 1935
• Provided for the establishment of All-India Federation consisting of the British
provinces and the Princely States. The joining of Princely States was voluntary and as
a result the federation did not come into existence.
• Dyarchy was introduced at the Centre (e.g., Department of Foreign Affairs and Defence
were reserved for the Governor General). The other Federal subjects were to be
administered by the Governor General with the assistance and advice of a Council of
Ministers to be chosen by him (but to include representatives of Princely States and
minorities, and to be responsible to the Central Legislature). Residuary powers were
to be with the Governor General only.

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• The Federal Legislature (Central Legislature) was to have two chambers(bicameral) the
Council of State and the Federal Assembly. The Council of State was to be a
permanent body with one-third of its membership being vacated and renewed
triennially. The Federal Assembly duration was fixed for five years.
• It made a 3-fold division of powers. Federal (Central) Legislative List, Provincial
Legislative List and the Concurrent Legislative List. Residuary legislative powers were
subject to the discretion of the Governor General. Even if a bill was passed by the
Federal Legislature, the Governor General could veto it, while even Acts assented to
by the Governor General could be disallowed by the King-in-Council.
• Provincial autonomy replaced Dyarchy in Provinces i.e., the distinction between
Reserved and Transferred subjects was abolished and full responsible government
was established, subject to certain safeguards. They were granted separate legal
identity.
• The Governor was the head of the Provincial Executive and was expected to be guided
by the advice of the popular ministries. However, the act gave arbitrary powers to the
Governors to act in their discretion' in certain matters.
• The Act also provided for a federal Court (which was established in 1937), with original
and appellate powers) to interpret the Constitution. A federal Bank (the Reserve Bank
of India) was also established. The Indian Council of Secretary of State was abolished.
• Principle of separate electorate was extended to include Anglo-Indians, Indian
Christians and Europeans.
• Burma (now Myanmar) and Aden were separated from India and two new provinces-
Orissa and Sind- were created.

WHAT IS CONSTITUTION?

A ‘constitution’ means a document having a special legal sanctity which sets out
the framework and the principal functions of organs of government of a state and declares
the principles governing the operation of those organs.Constitution means a written organic
instrument, under which the government powers are conferred and circumscribed.The
Constitution is the supreme or fundamental law of the land, and all governmental organs,
which owe their origin to the constitution and derive their powers from its provisions, must
function within the framework of Constitution, and must not do anything which is
inconsistent with provisions of Constitution.
The Constitutional Law refers to the rules which regulate structure, functions and
interrelations of governmental organs.The rules are legal as well as include conventions,etc.A
country may have a constitution, but not necessarily Constitutionalism e.g. a country where
dictator’s word is law, can be said to have a Constitution, but not Constitutionalism.The
Constitutionalism connotes in essence the ‘limited government’.It is the antithesis of arbitrary
power.Constitutionalism envisages checks as well as control of the power so conferred.Only
when Constitution of a country seek to decentralize power and also impose other restraints,
does a country have both-Constitution and Constitutionalism.

SALIENT FEATURES OF THE CONSTITUTION

The Constitution of India is unique in many ways.It has several special features
that distinguish it from other Constitutions of the world.
(1)Size of the Constitution—It is the lengthiest Constitution ever given to any nation.It
is a very comprehensive document and includes many matters which could legitimately be
the subject matters of ordinary legislation or administrative action.

(2)Types of Constitution---Constitutions may be written like the U.S. Constitution or

unwritten and based on conventions like the British.Indian Constitution is written even
though conventions also play a part insofar as they are in keeping with the provisions of the
Constitution.It originally contained 395 Articles and 8 Schedules.It presently contains 395
Articles( total number-444 divided into 22 parts and 12 Schedules.

(3)Rigid or Flexible—Constitutions may be called rigid or flexible on the ground of the

amending procedure being difficult or easy.Federal Constitutions are usually classified as
rigid because of their difficult amending processes.Indian Constitution may be said to be a

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combination of rigid and flexible inasmuch as certain provisions of the Constitution can be
amended like ordinary legislation by simple majority in the Houses of Parliament, other
provisions can be amended by a special majority.

(4)Parliamentary System—Following the British pattern, the Constitution of India has

basically adopted, both at the Union and State levels, the Parliamentary system of
government with ministerial responsibility to the popular House as against the U.S. system
of Presidential Government with separation of powers and a nearly irremovable President as
the Chief Executive for a fixed term.In the U.S. system, the President chooses his team of
Ministers from among the citizens at large and the ministers are not members of the
legislature while in Parliamentary system, the Ministers are from Parliament and remain part
of it and responsible to its House of the People.

(5)Adult Franchise---Dr Ambedkar said in the Constituent Assembly that by parliamentary

democracy we mean ‘one man,one vote’.Almost as an act of faith, the founding fathers decided
to opt for universal adult suffrage with every adult Indian without any distinction at once
having equal voting rights.This was particularly remarkable in the context of the vast poverty
and illiteracy of the Indian populace.

(6)Secular State----India has been declared secular State because of its policy of non-
discrimination towards any religion.All religions are held equally in high esteem by the State
and there is no State religion.

(7)Charter of Fundamental Rights—By and large, the Fundamental Rights incorporated

in Part 3 of the Constitution are the inviolable rights of the individual against the State.Any
law or executive action depriving an individual citizen of his freedom, for example, can be
challenged in the Supreme Court or High Court.The Constitution also lays down the
machinery and mechanism for the enforcement of these rights.

(8)Directive Principles—The Directive Principles of State Policy inspired by the Irish

precedent, are a unique feature of our Constitution.Most of the socio-economic rights of the
people have been included under this head.Even though said to be not enforceable in courts
of law, these principles are expected to guide the governance of the country.They are in the
nature of ideals set by the founding fathers before the state and all the organs of the State
must strive to achieve them.In recent years, the Directive Principles have increasingly
assumed greater relevance and importance not only for the legislatures but also in the eyes
of the courts.

(9)Fundamental Duties—The 42nd Amendment to the Constitution inter alia added a new
Part to the Constitution under the head Fundamental Duties.It lays down a code of eleven
duties for all the citizens of India.Inasmuch as there can be no rights without corresponding
duties and rights of citizens have no meaning without respect for political obligations of the
citizens towards the State, it is unfortunate that the code of fundamental duties of the citizens
has not so far been accorded the importance it deserves.
(10)Single Citizenship---In keeping with their aim of building an integrated Indian fraternity
and a united nation, the founding fathers provided for ‘one single citizenship’ despite the
federal structure.In federal States like USA and Switzerland, there is a dual citizenship, viz,
the federal or national citizenship and the citizenship of the State where a person is born or
permanently resides.

(11)Independent Judiciary—The Constitution of India establishes an independent judiciary

with powers of judicial review.The entire judiciary is one hierarchy of courts.It not only
adjudicates disputes and acts as the custodian of individual rights and freedoms but also
may from time to time need to interpret the Constitution and review legislation.

THE PREAMBLE
The Preamble indicates the source from which the Constitution comes viz. the People of
India.It is ordained by the people of India through their representatives assembled in a
sovereign Constituent Assembly.The preamble declares clearly that it is the people of India
who have adopted, enacted and given to themselves the Constitution.The preamble sets out

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the aims and aspirations of people, and these have been translated into various provisions of
Constitution.

PREAMBLE TO THE CONSTITUTION

• It is a preface or the introduction to the Constitution. The interpretation of
constitution is based on the spirit of Preamble.
• The 'Objective Resolution', proposed by Pandit Nehru and passed by the Constituent
Assembly, ultimately became the Preamble.
• The idea of preamble was borrowed from the constitution of USA.
• The words "SOCIALIST, ' SECULAR' and 'INTEGRITY' were added by the 42 nd
Amendment in 1976.
• Sovereign means free to follow internal and external policies. Socialist means no
concentration of power and money. Secular means no particular religion. Democratic
means elected representatives. Republic means no room for hereditary ruler or
monarch.
• Preamble is not justicable.
THE PREAMBLE STATES:
• "WE THE PEOPLE OF INDIA have solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all
citizens;
JUSTICE social, economic and political,
LIBERTY of thought,expression,belief,faith and worship
EQUALITY of status and of opportunity, and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation;
IN OUR CONSTITUENT ASSEMBLY, this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

NATURE OF THE CONSTITUTION

• Our constitution is QUASIFEDERAL in nature, designed to work as a UNITARY
GOVERNMENT in emergency &FEDERAL GOVERNMENT in normal times.
Federal features
1. Double seat of govt.
2. Division of power
3. 2 houses of parliament
Unitary features
1. Single citizenship
2. Single constitution
3. Single Supreme court
4. Appointment of Governors
5. Financial dependence of states

Utility of Preamble
(1) It indicates the source of the Constitution
(2) A statement of objectives of the Constitution-which the legislation is
intended to achieve(e.g.implementation of Directive Principles).It
epitomizes principles on which the government is to function.
(3) It serves as a challenge to the people to adhere to the ideals enshrined
in it(Justice,Liberty,Equality,Fraternity,etc.)
(4) It is a sort of introduction to the statue and many a times very helpful
to understand the policy and legislative intent.It is a ‘Key-Note’ i.e. key
to the minds of the framers of the Constitution

Amendment of Preamble
In Berubaris’ case(AIR 1960 SC 858), held that Preamble is not a part of
Constitution.However, in Keshavanand’s case (AIR 1973 SC 1467) HELD THAT IT IS PART
OF Constitution and Constitution should be read and interpreted in the light of grand and
noble vision expressed in Preamble.In fact, the Preamble was relied on in imposing implied

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limitations on amendment under Art..368.Held that since Preamble is a part of Constitution,
it can be amended, but ‘basic features’ in it can’t be amended.Amending power can’t change
the Constitution in such a way that it ceases to be a ‘Sovereign Democratic Republic.’

"BASIC FEATURE THEORY

• In 1973, in KESHAVANAND BHARTI vs. STATE OF KERLA CASE the Supreme Court
held that the preamble was part of the Constitution and contained its basic structure.
The Preamble was not only very much a part of the Constitution, but was of "extreme
importance and the Constitution should be read and interpreted in the light of the
grand and noble vision expressed in the Preamble". Any provisions of the Constitution
should be amended under Article 368 only within the broad contours of the Preamble
and of the Constitution".
• Thus the honorable Supreme Court held that the BASIC ELEMENTS or FEATURES of
the CONSTITUTION as contained in the PREAMBLE cannot be altered by any
amendment under Article 368. Although the basic elements were not precisely
defined, those mentioned in the Preamble were specifically included.
• Thus it overruled the BERUBARI OPINION of is own. (In this case, Preamble was not
considered as the part of constitution).
CENTRE-SUPREME COURT AT LOGGERHEADS
• Golaknath Case: In the Golaknath vs. State of Punjab case, the Supreme Court held
that the Parliament could not amend the Fundamental Rights under part III of the
Constitution. The Parliament on its part, through 24th Amendment in 1971, assumed
for itself the power to amend Fundamental Rights.
• In 1973, the Keshavanand Bharati vs. State of Kerala case happened in which the
Basic feature Theory was enumerated.
• 42nd Amendment: Under this amendment, the scope of the amending power of the
Parliament under Article 368 was extended of many parts of the constitution. Also,
the Constitutional Amendments were placed beyond the purview of the Supreme
Court's power of judicial Review.
Minerva Mills Case: In the Minerva Mills case of 1980, the Supreme Court tried
to nullify the provisions of the 42 nd Amendment and held that there could not be any
amendment in the basic structure of the Constitution

THE UNION AND ITS TERRITORY

• Article 1 of the Constitution says, "India, that is Bharat, Shall be a Union of States". The word
"Union' was preferred to "Federation" because of certain advantages. Union of States means
that the Union of India is not a result of an agreement by the States to join in a
federation and the Federation not being the result of an agreement, no state has the
right to get separated from it.
• The Union Territories are not included in the "Union of States", whereas the
expression "Territory of Indian" includes not only the States, but also the Union
Territories and such other territories as may be acquired by India.
• The State of Jammu and Kashmir has been given special status under article 370,
which became operative on Nov- 17, 1952. The separate Constitution of the State was
drafted by the Constituent Assembly of Jammu and Kashmir and became effective on
Jan 26, 1957.
❖ RE-ORGANIZATION OF STATES
• After independence, the demand for the reorganization of the States on the linguistic
basis was raised from different regions. The Constituent Assembly appointed the S.K.
Dhar Commission in 1947 to study the issue.
• The Dhar Commission recommended linguistic basis but it was rejected by the
Congress.
• But Congress has to concede to the demand after violence started in the Telegu
speaking areas.

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• The State RE-organization Commission was set-up under Fazal Ali to make exhaustive
study. The other members of the Commission were Hridaynath Kunzru and K.M.
Panikkar.
• On the Commission's recommendations the States were started to be reorganized on
linguistic basis. Andhra Pradesh was the first State to be reorganized on such basis.
FORMATION OF NEW STATES AND ALTERATION OF AREAS, BOUNDARIES OR NAMES OF
EXISTING STATES
• Under Article3, the Constitution empowers the Parliament to form a new State by
separation of territory from any State or by uniting two or more States or parts of
States or by uniting any territory to a part of any State.
• The Constitution further States that Parliament has the power to increase or diminish
the area of any State or to alter the boundaries or names of any State.
• The procedure followed is:
▪ A bill giving effect to any or all the changes stated above can be introduced in
either house of the Parliament, only on the recommendation of the President.
▪ If such a Bill affects the boundary or name of the State, then the President,
before introducing it in the Parliament, shall refer the Bill to the State
Legislature concerned for its opinion, fixing a time limit within which an
opinion may be expressed by the State Legislature. The President may extend
the time limit so specified.
▪ If the State Legislature fails to express an opinion within the stipulated time
limit then it is deemed that it has expressed its views. If it submits its views
within the period so specified or extended, the Parliament is not bound to
accept or act upon the views of the State Legislature. Further, it is not
necessary to make fresh reference to the State Legislature every time an
amendment to the Bill is proposed and accepted.
▪ The Bill is passed with simple majority.
▪ However, in the case of Union Territories, it is not necessary to obtain the views
of legislature of Union Territories before a Bill affecting their boundaries or
names is introduced.
CITIZENSHIP
• A citizen is a person who enjoys full membership of the community in which he lives.
• Single Citizenship: No State Citizenships.
CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION
1. Every person who has domicile in the territory of India and:
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or(c) who has been
ordinarily residing in the territory of India for not less than five years
immediately preceding such commencement; shall be a citizen of India.
(c) who has been ordinarily residing in the territory of India for not less than five
years immediately preceding such commencement; shall be a citizen of India.
2. Persons who migrated to India from Pakistan before 19 th July, 1948 and since
then have been ordinarily residing in India.
3. Persons who migrated to India from Pakistan on or after 19 th July, 1948 but
got themselves, duly registered as citizens with a competent officer appointed
for that purpose.
4. Persons who migrated to Pakistan after 1 st March but returned to India under
a permit for resettlement.
5. Any person who or either of whose parents or any of whose grandparents was
born in India.

• Citizens are different from aliens who do not enjoy the following Fundamental Rights:

1. The right not to be discriminated against on grounds of religion, race, caste,

sex or place of birth. (Article 15)
2. The right to equality of opportunity in the matter of public employment (Article
16).
3. The right to six freedoms in Article 19, i.e., freedom of speech and expression,
assembly, association, movement, residence and profession.
4. Cultural and educational rights conferred by Articles 29 and 30.

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• Again, citizens alone have the right to hold certain high offices such as those of the
President, Vice-President, Governor of s State, Judge of Supreme Court and High
Courts, Attorney General, etc. the right to vote to elect a member of the Lok Sabha
and a Vidhan Sabha and the right to become a Member of the Parliament and a State
Legislature are reserved for citizens only.
CITIZENSHIP ACT, 1955 AS AMENDED BY CITIZENSHIP (AMENDMENT) ACT, 1986
• The Act provides for the acquisition of Indian Citizenship after the commencement of
the Constitution in five ways, i.e., Birth, Descent, Registration, Naturalization and
Incorporation of territory.
1. Citizenship by Birth: Every person born in India on or after 26th January, 1950
shall be a citizen of India by birth provided either or both of his parents are
citizens of India at the time of his birth. However, such a person shall not be
a citizen of India, if at the time of his birth: (i) his father is a foreign diplomat;
or (ii) his father is an enemy alien.
2. Citizenship by Descent: A person born outside India on or after 26 th January,
1950 shall be a citizen on India by descent, if his father is a citizen of India at
the time of that person's birth.
3. Citizenship by Registration: Any person, who is not a citizen and belongs to
any of the following categories, can apply for registration as a citizen. However,
he must have resided in India for at least five years immediately before making
an application for registration as a citizen. These are:
(a) Persons of Indian origin who are ordinarily resident in India for five
years immediately before making an application for registration;
(b) Persons of Indian origin who are ordinarily resident in any country or
place outside India;
(c) Women who are married to citizens of India;
(d) Minor children of persons who are citizens of India; and
(e) Persons of full age and capacity who are citizens of a country
mentioned in the first schedule of the Act.
4. Citizenship by Naturalization: A foreigner, on application for naturalization to
a competent authority appointed by the State, can acquire Indian citizenship
provided he satisfies certain conditions like having normally resided for at lest
ten years in India immediately before making an application.
5. Citizenship by Incorporation of Territory: If any new territory becomes a part
of India, the Government of India shall notify the persons of that territory to
be citizens of India.
LOSS OF INDIAN CITIZENSHIP UNDER THE ACT
• The Citizenship Act, 1955 also lays down the three modes by which an Indian citizen,
whether a citizen at the commencement of the Constitution or subsequent to it, may
lose his citizenship. These are renunciation, termination and deprivation.
1. Renunciation is a voluntary act by which a person after acquiring the
citizenship of another country gives up his Indian citizenship.
2. Termination takes place by operation of law. When the Indian citizen
voluntarily acquires the citizenship of another country, he automatically
ceases to be an Indian citizen.
3. Deprivation is a compulsory termination of the citizenship of India obtained
by registration or naturalization. The citizenship is deprived on the basis of an
order of the Government of India, in cases involving acquisition of Indian
Citizenship by fraud, false representation, and concealment of material fact or
being disloyal to the Constitution.
CITIZENSHIP AMENDMENT ACT, 1992
• According to this Amendment Bill, the child who is born outside India and if his
mother belongs to India, can have the Indian citizenship.
• Before this act, any child born outside India could acquire citizenship only if his father
was a citizen of India.
OVERSEAS CITIZEN OF INDIA STATUS
• Parliament has passed the Citizenship (Amendment) Act, which says that all the
people of Indian origin in various countries, except in Pakistan and Bangladesh,
whose parents/grand parents migrated from India after 26 Jan, 1950 or were eligible
to become Indian citizens on 26 Jan, 1950 or belonged to a territory that became part

11
 of India after 15 Aug, 1947, will become eligible to be registered as the Overseas
Citizens of India (OCI). All legal steps in this direction have been completed.
ENTITLED
• OCIs are entitled to multiple-entry, multi-purpose, life-long visas with no requirement
of registration with police.
• They can live and work in India or in the country of their naturalization.
• They are eligible to work in the private sector.
• OCIs enjoy parity with NRIs in respect of economic, financial and educational fields
except in relation to acquisition of agricultural or plantation property.
NOT ENTITLED
▪ They are not entitled to hold constitutional posts and employment with the
government.
▪ They cannot vote.
NOTE: A proposal to grant voting rights to Indian citizens who are not ordinarily residing in
India on account of employment, education or otherwise have been approved by the
government. This will meet a long standing demand of Indian workers in the Gulf
who take up employment there on a contract basis and cannot be naturalized in
the country they work. The facility will be granted after Parliament approves the
necessary Amendments to the Representation of the People Act.

FUNDAMENTAL RIGHTS
• The issue of Fundamental Rights had been on the national agenda long be fore the
actual task of Constitution-making was taken in hand. In 1931, the Indian National
Congress at its Karachi session, presided over by Sardar Patel, had adopted a
resolution on Fundamental Rights. Part 3 of the Constitution, which contains
fundamental rights, has been described as the Magna Carta of India.These
fundamental rights substantially covers all the traditional civil and political rights
enumerated in the Universal Declaration of Human Rights.Fundamental rights were
deemed essential to protect the rights and liberties of people against the encroachment
of the power delegated by them to their government.They are limitations upon all the
powers of the government.These rights are regarded as fundamental because they are
most essential for the attainment by the individual of his full intellectual, moral and
spiritual status.The object behind the inclusion of them in the Constitution is to
establish ‘ a government of law and not of man.The object is to establish rule of
law.These are available against State and not against individuals.
DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS & LEGAL RIGHTS
• While an ordinary legal right is protected and enforced by the ordinary law of the land
(i.e. in cases of violation of legal rights, the aggrieved person may have his relief by
filing an ordinary suit in the subordinate courts or by a written application to the High
Court, which are subject to appeals), a Fundamental Right is one in which Supreme
Court can be approached directly.
• While ordinary legal rights may be changed by the legislature in its ordinary process
of legislation, a fundamental right, being guaranteed by the Constitution, cannot be
amended by any process shorter than that required for amending the Constitution
itself.
• .
NATURE OF FUNDAMENTAL RIGHTS
• The Fundamental Rights provide protection only against the State action and do not
safeguard against the action of private individuals, except the right pertaining to
untouchability and the right against exploitation. In these two cases, Fundamental
Rights are available both against the State and the individuals.
• The State may deny some of the fundamental rights to a class of people as armed
forces, para-military personnel, police, etc., in the interest of administrative efficiency
or national integrity.
• Except the rights mentioned in Articles 20 and 21, President has the power to suspend
the enforcement of Fundamental Rights.
ARTICLE 12: Definition of State

12
 “Unless the context otherwise requires, the term State include the following—
executive and legislature of the Union and States; all local or other authorities within
territory of India or under the control of government.”
In context of Article 12, ‘ authoritry’ means the power to make laws,
bylaws, etc., which have the force of law and power to enforce those laws.The
expression ‘ other authorities’ in Article 12 is used after mentioning the executive and
legislature of Union and States, and all local authorities( viz. Municipalities,
Panchayats).
In R.D. Shetty v International Airport Authority of India,the
International Airport Authority was held to be ‘the State’.The court laid down the
following tests:
(1) State mainly or chiefly contributed to the financial resources.
(2) Deep and pervasive State control e.g. appointment and removal
of members of a society.
(3) Functions of corporation are of public importance i.e.
governmental in essence.
(4) If a government department is transferred to a corporation.
(5) Corporation enjoys monopoly status which is State- conferred.

Applying this test in Som Prakash v Union of India, the court held
that government company( Bharat Petroleum Corporation) is ‘State’.The expression
‘other authorities’ is not confined only to statutory corporation alone, but may include
a government company, a registered society, or a bodies which have some nexus with
government.The emphasis is on ‘ functionality plus State control’ rather than the
statutory character of the corporation.In Ajay Hasia case, held that a registered society
is an agency or instrumentality of the State.Thus, held that the Regional Engineering
College established and administered by a registered society is a ‘State’

Is Judiciary included in the word ‘State’?

The judiciary, though not expressly mentioned in Art.12, it should be
included so, since courts are set up by statute and exercise power conferred by law.

ARTICLE 13: Laws Inconsistent with Fundamental Rights

Clause(1)—All pre- Constitution or existing laws i.e. laws which were in force
immediately before the commencement of the Constitution shall be void to the extent
to which they are inconsistent with fundamental rights from the date of the
commencement of Constitution.
Clause (2)----The State shall not make any law which takes away or abridges the
fundamental rights, and any law in contravention of fundamental rights shall to the
extent of contravention, be void.
Clause (3)---It gives the term ‘law’ a very broad connotation which includes any
ordinance, order,byelaw,rule,regulation, notification, custom or usage having the
force of law.
Art.13,in fact, provides for the’ judicial review’ of all legislations in India,
past as well as future, Art.13 is not applicable to law declared by the Supreme Court
under Art.141—142(Ashok Kumar Gupta v State of U.P.(1997) 5 SCC 201)

Application and Rules of Interpretation of Art.13

(1)No retrospective effect---Art.13(1) is prospective in nature.All inconsistent existing
laws become void only after the commencement of Constitution.They are not void ab
initio.Such laws exist for all past acts, transactions, etc. and for enforcing all rights
and liabilities accrued before the date of the Constitution.However, nobody can claim
his rights and liabilities to be enforced under a particular procedure (in respect of
pending proceedings) which becomes inconsistent with fundamental rights.
(2)Doctrine of Severability or Separability---It means that if an offending provision can
be separated from that which is constitutional then only that part which is offending
is to be declared as void and not the entire statue.
(3)Doctrine of Ecplise---It is based on the principle that a law violates fundamental
rights is not nullity or void ab initio but becomes only unenforceable i.e. remains in a

13
 moribund condition.” It is over- shadowed or eclipsed by the fundamental rights, and
remains dormant, but it is not dead.”
Such laws exist for all past transactions, for rights and
liabilities incurred before the Constitution came into force, and for the determination
of rights of persons who haven’t been given fundamental rights by the Constitution
e.g. non-citizens( Bhikaji v State of M.P. AIR 1955 SC 781)

Does the doctrine of eclipse apply to a post-Constitution law—Art.13(2) deals with

post-Constitution or future laws ( while clause (1) deals with pre-Constitution or
existing laws).It is to be noted that in both Cl. (1) and (2) of Art.13, a declaration by
the court of their invalidity will be necessary, to make the laws invalid.
(4)Pith and Substance Rule---This doctrine is applied when the legislative
competence of a legislature with regard to a particular enactment is challenged, when a law
dealing with a subject in one list touching on a subject in another list.In such a case, what
has to be ascertained is the pith and substance of enactment i.e. true object/purpose of
legislation(and its scope and effects).Constitutionality of a law is to be judged by its real
subject matter and not by its incidental effect on another’s field.An incidental encroachment
is not prohibited.The doctrine requires that in such a case of encroachment, the law should
be read as a whole and not as a collection of sections or clauses for determining the true
nature and character of the law i.e. pith and substance of the law.
(5)Doctrine of Colourable Legislation---The “ colourable legislation” simply means a
legislation which, while transgressing Constitutional Limitation, is made to appear as if it
were quite constitutional.The doctrine of colourable legislation is applied when the
transgression is disguised,covert and indirect.This doctrine is based on the maxim that ‘what
one cannot do directly, that cannot be done indirectly’.

RIGHT TO EQUALITY (14-18)

Article 14 embodies the idea of equality expressed in preamble.The
succeeding Articles 15, 16 and 17 lay down specific applications of the general rules laid
down in Art.14.

• Article 14. Equality before law.-The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India. Equality before
the law implies that no one is above the law of the land. While “ equality before law”
is a somewhat negative concept implying the absence of any special privilege in favour
of individuals and the equal subject of all classes to the ordinary law. “Equal
protection of law” is a more positive concept implying equality of treatment in equal
cirtcumstances.The rule is that like should be treated alike and not that unlike should
be treated alike. In State of W.B. v Anwar Ali Sarkar, the Court rightly observed that
the second expression is the corollary of the first and it is difficult to imagine a
situation in which violation of equal protection of laws will not be the violation of the
equality before law.Thus, in substance the two expressions mean one and the same
thing.
• The word “any person” in Art. 14 denote that equal protection of law is available to
any person which includes any company or association, etc.Art 14 extends to both
citizens and non-citizens and to natural persons as well as legal persons.The equality
before law is guaranteed to all without regard to race,colour or nationality.Art.14
applies to both, the substantive as well as procedural law, as discrimination can occur
in both.
• However, the Constitution allows the following exceptions to the rule of equality before
the law; (a) the President or the Governor of a State is not answerable to any Court
for the exercise and performance of the powers and duties of office; (b) No criminal
proceeding is to be instituted or continued against the President or a Governor in any
Court during his term of office; (c) No civil proceeding in which relief is claimed against
the President or the Governor can be instituted during his term of office in any Court
in respect of any act done by him in his personal capacity, before or after he entered
the office of President or Governor, until two months expire after notice in writing has

14
 been delivered to the President/Governor stating the nature of the proceedings, the
cause of action, and other details.
• These apart, other exceptions, such as in favour of foreign rulers and
ambassador, also exist in accordance with international standards.

Article 14 permits classification but prohibits class legislation---Art.14 does not mean
that the same laws should apply to all persons or that every law must have universal
application, for, all persons are not, by nature, attainment or circumstances, in the same
positions.
Class legislation is that which makes an improper discrimination by conferring
particular privileges upon a class of persons arbitrarily selected.While, Art.14 forbids class
legislation, it permits reasonable classification of persons, objects and transactions by the
legislature for the purpose of achieving specific ends.The classification must fulfill following
two conditions :
(a)it must be founded on an intelligible differentia which distinguishes persons
or things that are grouped together from others left out of the group; and
(b) the differentia must have a rational relation to the object sought to be achieved
by the Act.
To illustrate by an example: Under Sec.11 of Indian Contract Act, persons who haven’t
attained majority can’t enter into a contract.The two categories are adults and minors.The
basis of classification is the age, which obviously has a relation to the capacity to enter into
contract.The section,therefore,satisfies both requirements of a valid classification.

New Concept of Equality

While traditional concept of equality is based on the doctrine of classification ,
the new concept is based on the doctrine of arbitrariness.Art. 14 has rightly activist
magnitude and it embodies a guarantee against arbitrariness.Arbitrariness is the very
antithesis of equality.
In E.P.Royappa v State of T.N.(AIR 1974 SC 555), held that equality
is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within
traditional and doctrinaire limits.In Maneka Gandhi case, the court observed that principle
of reasonableness , which legally as well as philosophically, is an essential element of equality
or non-arbitrariness, pervades Art.14 like a brooding omnipresence.
In Mithu v State of Punjab(AIR 1983 SC 473),the court struck down
Sec.303, I.P.C. as unconstitutional.Sec.303 prescribes that if a person under a life-sentence
commits murder, he must be given death sentence.But under Sec.302, if a person commits
murder he may be awarded either death sentence or life-sentence.
 Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.-Also, nothing in this article shall prevent the State from making any
special provision for women and children and also for the advancement of any socially
and educationally backward classes of citizens or for the Scheduled castes and the
Scheduled Tribes.
 Clause (1)---The State shall not discriminate against any citizen on grounds only of
religion,caste,sex, place of birth or any of them.
 The word “discrimination” means ‘ to make an adverse distinction
with regard to’, ‘to distinguish unfavourably from others.’It must be noted that a
discrimination based on any of these grounds and also on other grounds is not hit by
Art.15(1).Thus,a law which discriminates on the ground of residence doesnot violate
Art.15(1)(Place of birth is different from residence).Similarly,the requirement of a test
in regional language for State employment doesn’t contravene Art.15 as the test is
made compulsory for all persons seeking employment.
 Clause (2)---“No citizen shall, on ground only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability,restriction or condition with
regard to---(a) access to shops,public restaurants,hotels and places of public
entertainment; or (b) the use of wells,tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the use of general
public.”(‘Places of public resort’ includes public parks, buses,railway,hospitals,etc.).It
is to be noted that while clause (1) prohibits discrimination by State, clause (2)
includes private persons also from making any discrimination.

Provisos (or Exceptions) to Art.15 (1) and (2)

15
 Clause (3)---“Nothing in this article shall prevent State from making any special
provision for women and children.”
Thus, reservation of seats for women in a college does not offend
against Art.15(1).

Clause (4)---“Nothing in this article or clause (2) of Art.29 shall prevent the State from
making any special provision for advancement of any socially and educationally
backward classes of citizen or for the Scheduled Castes and Scheduled Tribes.”
The scope of Art.15(4) was discussed in Balaji v State of Mysore(AIR
1963 SC 649).The court observed that Art. 15(4) only enables the State to make special
and not exclusive provisions for backward classes.Clause (4) is only an enabling
provision and does not impose any obligation on the State to take any social action
under it.It merely confers a discretion to act, if necessary.

Clause (5)---The Constitution 93rd Amendment Act,2005, has added a new Clause (5)
to Art.15.Cl. (5) provides that nothing in Art.15 or in Art.19 (1) (g) prevent the State in
making any special provision, by law, for the advancement of socially and
educationally backward classes of citizens or for SCs/STs in so far as such special
provision relate to admission to educational institutions,including private ones,
whether aided or unaided by the State, other than minority educational institutions
referred to in Art.30 (1)

 Article 16: Equality of opportunity in matters of public employment.-There shall be

equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.
• It does not prevent the State from prescribing the necessary qualifications and
selective tests for recruitment for Government Services.
• Then, there may be good reasons for reserving certain posts in a State for the
residents only.
• It also empowers the State to make special provision of the reservation of
appointments or posts in favour of any backward class of citizens which in the
opinion of State are not adequately represented in the services under the State.
• It also provides for the reservation of seats in promotion for the Scheduled
Castes and Scheduled tribes.
Under Art.16, the guarantee against discrimination is limited to
employment and appointment under the State.Art.15 is more general and deals with
all cases of discrimination which do not fall under Art.16.
Clause(1)—There shall be equality of opportunity for all citizens in matters relating to
‘employment or appointment’ to any office under the State.
Clause (2)—No citizen shall, on grounds only of religion, race,caste,sex,descent,place
of birth,residence or any of them, be ineligible for, or discriminated against in respect
of any employment or office under the State.

Exception to Clauses (1) and (2)

Clause (3)—It empowers Parliament to make a law prescribing any requirement as to
residence within that State or UT, prior to employment or appointment in that State
or UT.
Clause (4)—It empowers the State to make special provision for the reservation of
appointments or posts in favour of any backward classes of citizens, which in the
opinion of the State are not adequately represented in the services under the State.
Clause (5)--- Nothing in this Article shall affect the operation of any law , which
provides that the incumbent of an office in connection with affairs of any religious
institution or any member of the governing body shall thereof be a person professing
a particular religion.

Mandal Case
The scope and extent of Art.16(4) has been examined thoroughly by
the Supreme Court in Indira Sawhney v Union of India(“The Mandal Case”)(AIR 1993
SC 477).The Court by 6—3 majority upheld the decision of Union government to
reserve 27% Government jobs for OBCs(Other Backward Classes) provided “creamy
layer” among them are eliminated and reservation only confined to initial

16
 appointments and not promotions and total reservation should not exceed 50%(There
is already a 22 1/2 % reservation for SC and STs in government jobs).However, the
court struck down the government notification reserving 10% government jobs for
economically backward classes among higher castes.

Creamy Layer
In accordance with the direction given by the Supreme Court the Union
Government appointed an expert committee known as Justice Ram Nandan
Committee to identify the Creamy Layer among the socially and educationally
backward classes(SEBC).The government of India has accepted the report.
The report says that certain constitutional posts qualify for the rule of
exclusion e.g. posts of President, Vice President, Judges of Supreme and High
Courts,Chairman and members of UPSC and State PCS,Chief Election
Commissioners,CAG,Governors,Ministers and Membership of legislatures.The rule of
exclusion covers class 1 officers of Central and State Services(direct recruits) public
sector undertakings, armed forces, professional class including trade,business and
industry and property owners.

Reservation in Promotions
The Constitution (77th Amendment)Act,1995---This amendment has been
passed to remove the difficulty created by the Mandal case in which the court had
held that reservation could not be made to promotions in jobs.This amendment has
added a new clause (4-A) to Art.16 which provides that “Nothing in this article shall
prevent the State from making any provision for reservations in matters of promotion
to any class or classes of posts in the services of the State in favour of SCs and STs
which, in the opinion of the State, are not adequately represented in the services
under the State.This means that the reservation in promotions in government jobs
will continue in favour of SCs and STs.
 Article 17: Abolition of untouchability.- Untouchability is abolished and its practice in
any form is forbidden.
The Protection of Civil Rights Act,1955(previously
Untoucability(Offences)Act,1955) defines ‘Civil Right’ as ‘any right accruing to a
person by reason of the abolition of untouchability by Art.17 of the Constitution.The
Act prescribes punishment(1-2 years imprisonment) for preventing any person from
entering any place of public worship or from worshipping or denying access to any
shop, public restaurants,hotels or places of public entertainment or refusing to admit
persons to hospitals and refusing to sell goods or render services to any person.Also,
insulting a member of Scheduled Caste on the ground of untouchability or preaching
untouchability or justifying it is a crime.
 Article 18: Abolition of titles. No title, not being a military or academic distinction,
shall be conferred by the State.
▪ Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri and other
State awards are not regarded as titles in terms of Article 18 (1) of the
Constitution.
▪ Clause (2)prohibits a citizen of India from accepting any title from a foreign
State.
▪ Clause (3) provides that a foreigner holding any office of profit or trust under
the State cannot accept any title from any foreign State without the consent of
the President. This is to ensure loyalty to the government he serves for the
time being and to shut out all foreign influence in Government affairs.
▪ Clause (4) Provides that no person holding any office of profit under the State
is to accept without the consent of the President, any present, emolument or
office of any kind form or under any foreign State
• It is to be noted that there is no penalty prescribed for the infringement of the above
prohibition. Article 18 is merely directory. It is, however, open to the Parliament to
make a law for dealing with such a person who accepts a title in violation of the
prohibition prescribed in Article 18.
RIGHT TO FREEDOM: Personal liberty is the most important of all fundamental
rights.Articles 19-22 deal with different aspects of this basic right.
 Article 19: Protection of certain rights regarding freedom of speech etc.-It guarantees
the citizens of India the following six fundamental freedoms:

17
 1. Freedom of Speech and Expression
2. Freedom of Assembly.
3. Freedom to form Associations.
4. Freedom of Movement.
5. Freedom of Residence and Settlement.
6. Freedom of Profession, Occupation, Trade or Business.

The freedom enumerated in Art.19(1) are those great and basic rights
which are recognized as the natural rights inherent in the status of a
citizen.But none of these freedoms is absolute or uncontrolled and may be
restricted.A restriction to be constitutionally valid, must satisfy the following
two tests: (1) The restriction must be for the purposes mentioned in clauses
(2) to (6) of Art.19. (2) The restriction must be reasonable

Rights available to ‘citizens’ only—‘Citizens’ under Art.19 mean only natural

persons and not legal persons, such as corporations or companies.But, the
Bank Nationalisation Case has established the view that the fundamental
rights of shareholders, editors, and printers, as citizens are not lost when they
associate to form a company.

Art.19(1) (a):Freedom of Speech and Expression

Art.19 (1) (a) says that all citizens shall have the right
“to freedom of speech and expression”.But, this right is subject to limitations
imposed under Art.19(2) which empowers the State to put ‘reasonable’
restrictions on the following grounds:” security of the State, friendly relations
with foreign States, public order, decency and morality, contempt of court,
defamation, incitement to offence, and, sovereignty and integrity of India.”
The freedom of speech and expression means the right to
express one’s convictions, and opinions freely by word of mouth, writing,
printing, pictures or any other mode.It also includes the right to propagate or
publish the views of ther people, otherwise this freedom would not include the
freedom of press.The fundamental principle involved here is the people’s right
to know.In National Anthem case (1986)3 SCC 615,held that the freedom
under Art.19(1) (a) also includes the freedom of silence.
• Freedom of Press: The Indian Constitution does not provide for the freedom of press
separately. It is implicit in Article 19. The restrictions that limit the freedoms in the
case of individuals apply to the press also. In Bennett Coleman’s case (AIR 1973 SC
106), held that the freedom of newspapers to publish any number of pages or to
circulate it to any number of persons and to fix price is each integral part of the
freedom of speech and expression.Freedom of press is both quantitative and
qualitative.Freedom lies both in circulation and its contents(news and views).In Sakal
Paper’s case (AIR 1962 SC 305), held that the freedom of speech could not be restricted
for the purpose of regulating the commercial aspects of activities of the newspapers
from being started or require them to seek government aid in order to survive was
violative of Art. 19 (1) (a).
In express Newspaper’s case, held that the press industry is not free
from taxation, but tax should be within reasonable limits and does not impede
freedom of expression i.e. circulation.
It has been held that the freedom of expression under Art.19 (1) (a)
includes the freedom to fly the national flag by a citizen at his home, office or business
place.

Art.19 (1) (b):Freedom to Assemble

Art. 19 (1) (b) secures to all citizens of India the right “to
assemble peaceably and without arms”.Thus, there is a right to hold public meetings
and demonstrations and take out processions peacefully.Under Art.19 (3), reasonable
restrictions can be imposed on the right by the State by law “ in the interests of the
sovereignty and integrity of India or public order.”Thus, an assembly declared
unlawful can be validly banned.

Art.19 (1) (c):Freedom of Association

18
 Art. 19 (1) (c) guarantee to all citizens the right “ to form
associations and unions for pursuing lawful purposes.”Under Art.19 (4),
however,reasonable restrictions can be imposed by the State “ in the interests of the
sovereignty and integrity of India or public order or morality.”The associations so
formed would include political parties,societies, clubs, companies, organizations,
partnership firms, trade unions and indeed any body of persons.It has been held that
this Article does not guarantee a’ right to strike’.

Art.19 (1) (d) & (e) :Freedom of Movement and Residence

The right of every citizen of India “ to move freely throughout
the territory of India” and his right “ to reside and settle in any part of the territory of
India guaranteed under clauses (d) and (e) respectively of Art. 19 (1) are really
interlinked.Both the rights lay stress on the oneness of the territory of India.Any
citizen can travel to or reside in any part of India.Art. 19 (5), however, provides for
imposition of reasonable restrictions on the exercise of these rights by law “ in the
interests of general public or for the protection of the interests of any Scheduled
Tribe”.Generally, the protection afforded by these rights is invoked to challenge the
validity of externment or deportation orders which go to curtail the two freedoms.
Restrictions imposed on prostitutes to carry on their trade
within a specified area and to reside in or move from particular areas have beenheld
to be valid.Likewise, restrictions on residence imposed on habitual offenders have
been upheld.Restrictions on the movement of persons afflicted by AIDS have also been
upheld.
No political party has the right to call for bandh on the plea
that it is a part of its fundamental right of speech and expression under Art. 19 (1)
(a).The calling for and holding of bandh by a political party/organization involved a
threat, express or implied, to citizen not to carry on his activities or to practice his
avocation on the day of the bandh and hence violative of Arts. 19 (1) (a) (b) (c) (d) and
21.Calling for a bandh is different from calling for hartal or strike having regard to the
effect of bandh on the fundamental right of the people as a whole(Communist Party of
India (M) v Bharat Kumar AIR 1998 SC 184).

Art.19 (1) (g): Freedom of Profession and Trade

Under Art.19 (1) (g) every citizen of India has the right “ to
practice any profession or to carry on any occupation, trade or business.”This right is
also not absolute and the State can impose reasonable restrictions in the interest of
the general public.
Under Art. 19 (6) the State has also been empowered to
prescribe professional or technical qualification necessary for practicing any
profession or carrying on any trade,occupation or business, as well as for enabling
the State to carry on any trade or business to the exclusion of citizen wholly or
partially.In fact the State is competent to nationalize any trade or to monopolize a
trade.
 Article 20: Protection in respect of conviction for offences. Under Art.20, the
Constitution of India has taken care to safeguard the rights of persons accused of
crimes.This Article cannot be suspended even during an emergency by an order under
Art.359.
 Art 20 (1) : Ex-Post Facto Law
 No person shall be convicted of any offence except for violation of the law in force at
the time of the commission of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at
the time of the commission of the offence. Thus the legislature is prohibited to make
criminal laws having retrospective effects.
 Art.20 (2): Double Jeopardy
▪ No person shall be prosecuted and punished for the same offence more than
once.The protection afforded by Art. 20 (2) is,however, attracted only in respect
of punishment inflicted by court of law or judicial tribunal.Thus, a Government
servant prosecuted and convicted by a court of law can be punished under
departmental proceedings for the same offence.Similarly,it does not ban
proceedings before a civil court for disobedience of an injunction along with
criminal proceedings.

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 In Maqbool Hussain v State of Bombay, the appealant brought some gold
into India.He did not declare that he had brought gold with him to the custom
authorities at the airport.The custom authorities confiscated the gold under
the Sea Custom Act.He was later on charged for having committed an offence
under the Foreign Exchange Regulation Act.The appealant contended that
second prosecution was in violation of Art. 20 (2) as it was for the same offence
i.e. for importing gold in contravention of Govt. notification for which he had
already been prosecuted and punished as his gold had been confiscated by the
Custom authorities.The court held that the Sea Custom Authorities were not
a court or judicial tribunal and the adjudging of Confiscation under the Sea
Custom Act did not constitute a judgement of judicial character necessary to
take plea of the Double Jeopardy.Hence, the prosecution under the Foreign
Exchange Regulation Act is not barred.

▪ Art 20 (3): Protection Against Self-Incrimination

▪ No person accused of any offence shall be compelled to be a witness against

himself. Under the frame of criminal jurisprudence, a person is presumed to
be innocent and it is for the prosecution to establish his guilt. Again, a person
accused of an offence need not make any statement against his will. The
privilege given by Art.20 (3) to the accused person may be waived by
him.Thus,this Article is not violated when he volunteers evidence against
himself.
 Article 21: Protection of life and personal liberty. No person shall be deprived of his
life or personal liberty except according to procedure established by law.
▪ Personal freedom is secured by the Constitution by the judicial writ of Habeas
Corpus (Article 32 and 226).
▪ The 86th Constitutional Amendment Act, 2002, has inserted in the
Constitution a new article 21-A. It states that the State shall provide free and
compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine.
▪ Inferred Rights: They are the rights of the citizens which are not explicitly
provided by the constitution but have been derived by liberal interpretation of
the various provisions of the Constitution. Some of the Inferred rights from
Article 21 are:
▪ (1) Right to speedy trial (M.H. Hoskot v State of Maharashtra,AIR 1978 SC
1548;Hussainara Khatoon v State of Bihar, AIR 1980 SC 1819
▪ (2)Right to travel abroad ( Maneka Gandhi’s case)
▪ (3)Right to dignity ( Maneka Gandhi,Francis Coralie cases).
▪ (4)Right to privacy ( Govind v State of M.P.)
▪ (5)Right to clean environment (M.C. Mehta v Union of India )
▪ (6)Right to livelihood( Olga Tellis case )
▪ (7)Right to education (Mohini Jain and Unni Krishnan cases)
▪ (8)Right against torture (Sunil Batra v Delhi Admn, AIR 1980 SC 1979)
▪ (9)Right against bondage (Bandhua Mukti Morcha case )
▪ (10)Right to legal aid (Sheela Barse v Union of India, (1986) 3 S.C.C 632
▪ (11)Right to food (PUCL v UOI)
▪ (12)Right against sexual harassment in working places( Vishaka v State of
Rajasthan (AIR 1997 SC 3011).

▪ Emergency and Art.21--- Prior to the 44th amendment, the Constitution

provided for the suspension of the right guaranteed by Art.21.Under Art.359
the president was empowered by order to suspend the right to move any court
for the enforcement of right conferred by Art.21.For the first time Art.21 was
suspended during emergency arising out of the Chinese attack in 1962.In
1971, it was suspended for the 2nd time when Pakistan attacked India.In 1976,
this article was again suspended when the government headed by Prime
Minister Indira Gandhi declared emergency on the ground of internal
disturbance.

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 In A.D.M Jabalpur v S. Shukla, popularly
known as the Habeas Corpus Case,it was held that Art.21 was the sole
repository of the right to life and personal liberty and if the right to move to
any court for the enforcement of the right was suspended by presidential order
under Art.359, the detenue has no locus standi to file a writ petition for
challenging the legality of their detention.

44th Amendment and Art.21--- The 44th Amendment has amended Art.359
which now provides that enforcement of right to life and personal liberty under
Art.21 cannot be suspended by the President’s order.This Amendment is
intended to prevent the reoccurrence of the situation in future which arose in
Habeas Corpus Case.In view of the 44 th amendment, the ADM Jabalpur v
S.Shukla is no longer a good law.

 Article 22: Protection against arrest and detention in certain cases. It states that: (a)
no person who is arrested shall be detained in custody without being informed of the
grounds for such arrest nor shall he be denied the right to consult, and to be defended
by, a legal practitioner of his choice; (b) every person who is arrested and detained
shall be produced before the nearest magistrate within a period of twenty-four hours
of such arrest excluding the time necessary for the journey from the place of arrest to
the court of the magistrate and no such person shall be detained in custody beyond
the said period without the authority of a magistrate.
▪ The above safeguards are not, however, available to an enemy alien and a
person arrested or detained under a law providing for Preventive Detention.
▪ Preventive Detention means 'Detention of a person without trial'. Its objective
is not to punish a man for having done something but to intercept him before
he does it and to prevent him from doing it. The government is entitled to
detain an individual under Preventive Detention only for two months. If it seeks
to detain the arrested person for more than two months it must obtain a report
from an Advisory Board.
▪ Parliament is empowered to prescribe, by law, the maximum period for which
a person may be detained under a law of preventive Detention.
RIGHT AGAINST EXPLOITATION
 Article 23: Prohibition of traffic in human beings and forced labour.-Traffic in human
beings and 'begar' (involuntary work without payment) and other similar forms of
forced labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law. Under the old zamindari system, the
tenants were sometimes forced to render free service to their landlords.This was called
beggar.It has been held that even if some remuneration is paid , the labour may be
forced one.
 Article 24: Prohibition of employment of children in factories etc.-No child below the
age of 14 can be employed in any factory or mine or any other hazardous employment.
RIGHT TO FREEDOM OF RELIGION
 Article 25: Freedom of conscience and free profession, practice and propagation of
religion. This right is, however,
▪ Subject to public order, morality and health and to the other
▪ Provisions of Part III of the Constitution.
▪ Further, the State is empowered by law to regulate or restrict any economic,
financial, political or other secular activity which may be associated with
religious practice.
Explanation 1---The wearing and carrying of Kirpans shall be deemed to be
included in the profession of Sikh religion.
Explanation 2—The expression “Hindu” includes Jain, Sikhs and Buddhists.
Religion is essentially a matter of personal faith and
belief.Freedom of conscience connotes a person’s right to entertain beliefs and
doctrines concerning matters which are regarded by him to be conducive to
his spiritual well being.To ‘profess’ a religion means to declare freely and
openly one’s faith and belief by practical expression in any manner one likes.To

21
 ‘practice’ religion is to perform the prescribed religious duties, rites and rituals.
To ‘ propagate’ means to spread and publicize’ his religious views for the
edificationof others.The right to propagate one’s religion does not give a right
to convert another person to one’s own religion, as that would impinge on the
“ freedom of conscience” guaranteed to all persons.
In Bijoe Emmanuel v State of Kerala(1986) 3 SCC 615
(“National Anthem Case”), three children belonging to the ‘Jehovah’s witnesses’
of Christian community were expelled from school for refusing to sing National
Anthem.The Kerala High Court held that it was their Fundamental Duty under
the Constitution to sing the National Anthem.The Supreme Court, however,
held that there is no legal obligation for a citizen to sing national anthem.The
freedom of speech and expression under Art. 19 (1) (a) also includes the ‘
freedom of silence’.The court said that by standing up while the anthem was
being sung, the children had shown proper respect to national anthem and
had thus not violated the fundamental duty.

 Article 26: Freedom to manage religious affairs. Subject to public order, morality and
health every religion denomination or any section thereof shall have the right, (a) to
establish and maintain institutions for religious and charitable purposes; (b) to
manage its own affairs in matters of religion; (c) to own and acquire movable and
immovable property; (d) to administer such property in accordance with law.
While right guaranteed by Art.25 is an individual right, the right
guaranteed by Art.26 is the right of an ‘organised body’.The word ‘ religious denomination’ in
Art 26 must satisfy three conditions:
(1)It must be a collection of individual who have a system of beliefs which
they regard as conducive to their spiritual well being i.e. a common faith.
(2)It must have a common organization.
(3)It must be designated by a distinctive name.
Thus, in a large sense, ‘Hinduism’, ‘Muslims’, ‘Chritians’ are such
denominations.In limited sense, the various philosophers governing the Hindu society such
as Advaitas, Saivites, etc are also denominations.Among Muslims,Hanafi, Shia orChristi sects
are separate denominations.
Under Art.26 (b), the court has a right to determine whether a
particular rite or ceremony is regarded as essential by tenets of a particular religion.The right
is also subject to the regulatory powers of State under Art25 (2) (b).
 Article 27:Freedom as to payment of taxes for promotion of any particular religion.-It
provides that 'no person shall be compelled to pay any tax for the promotion or
maintenance of any particular religion or religious denomination'
 Article 28: Freedom as to attendance at religious instruction or religious worship in
certain educational institutions.
▪ Clause (1) says that no religious instruction shall be provided in any
educational institution wholly maintained out of State funds.
▪ Clause (2) says that Clause (1) shall not apply to an educational institution
which is administered by the State but has been established under any
endowment or trust which requires that religious instruction shall be imparted
in such institution.
▪ Clause (3) says that no person attending any educational institution
recognized by the State or receiving aid out of State funds shall be required to
take part in any religious instruction that may be imparted in such institution
or to attend any religious worship that may be conducted in such institution
or in any premises attached thereto unless such person or, if such person is a
minor, his guardian has given his consent thereto.
CULTURAL AND EDUCATIONAL RIGHTS
 Article 29: Protection of interests of minorities.
(1) Any section of the citizens residing in the territory of India or in any part
thereof having a distinct language, script or culture of its own shall have the
right to conserve the same.
(2) No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.

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

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 (1) All minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
(2) The State shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.

Article 31: Omitted by the 44th Amendment Act, 1978.

The ‘Right to Property’ has proved to be to be
the most complicated and controversial.The consensus was embodied in Art.
19 (f) and Art.31.But, the 44th Amendments, 1978 repealed these Articles
completely with effect from 20 June 1979.Instead, in Part 12 of the
Constituton, a new Chapter 4 and a new Art.300-A was added to provide that
no person shall be deprived of his property save by authority of law.Thus, the
“ right to property” ceases to be a fundamental right but still remains a legal
right.Art.300-A gives protection against executive action but not against
legislative action.

RIGHT TO CONSTITUTIONAL REMEDIES

 Article 32: The right to move the Supreme Court in case of the violation of
Fundamental Rights (called Soul and heart of the Constitution by Dr. BR Ambedkar)
▪ It is true that a declaration of Fundamental Rights is meaningless unless there
is an effective machinery for the enforcement of the rights.It is remedy which
makes the right real.If there is no remedy there is no right at all.It was,
therefore, in the fitness of the things that our constitution makers having
incorporated a long list of Fundamental Rights have also provided for an
effective remedy for the enforcement of these rights under Art.32 of the
Constitution.Art.32 is itself a Fundamental Right.Art 226 also empowers all
the HighCourts to issue writs for the enforcement of Fundamental Rights. To
enforce the Fundamental Rights, the Supreme Court is empowered, under
Article 32, to issue writs of various forms.
FORMS OF WRITS
• HABEAS CORPUS
• Literally means to have the body. It implies that a person imprisoned or detained by
the law can enquire under what authority he has been imprisoned or detained. The
Court issues the writ against the authority concerned if the executive arrests someone
without the authority of law or in contravention of procedure established by law.
• The writ is not issued if either the person arrested or the person against whom the
writ is issued is outside the jurisdiction of the Court; if the person concerned has bee
imprisoned by a Court of law on a criminal charge; if the person concerned is involved
in proceedings for contempt by a Court of record or by Parliament.
• MANDAMUS
• Literally means a' command issued by the court commanding a person or a public
authority to do or forbear to do something in the nature of public duty. The writ of
mandamus can be issued by the Court to enforce Fundamental Rights; whenever a
public officer or a Government has committed an act violating a person's Fundamental
Rights, the Court can restrain that authority from enforcing such orders or
committing such an act.
• The writ is issued against a private individual or organization unless the State is in
collusion with such a party in contravening a Constitutional provision or a statute.
• QUO WARRANTO
• An order issued by the court to prevent a person from holding office to which he is
not entitled and to oust him from that office.
• For the writ of quo warranto to be issued, the office must be public, created by statute
or by the Constitution the office must be a substantive one; and there should have
been a contravention of the Constitution or a statute in appointing the person to that
office
• PROHIBITION
• The writ of prohibition is issued by the Supreme-Court or a High Court to an inferior
Court forbidding the latter to continue proceedings in a case in excess of its
jurisdiction or to usurp a jurisdiction with which it is not legally vested.

23
• The writ is not available against a public officer not vested with judicial or quasi-
judicial functions. The Supreme Court can issue the writ only where a Fundamental
Right is affected.
• CERTIORARI
• The writ on certiorari is issued to a lower Court after a case has been decided by it,
quashing the decision or order. The objective to secure that the jurisdiction of an
inferior Court or tribunals is properly exercised and that it does not usurp the
jurisdiction which it does not possess.
• A tribunal is considered to have acted without jurisdiction if the Court is not properly
constituted, where people not qualified to sit on it have pronounced judgment, where
the decision has been obtained by fraud, collusion or corruption, or where the subject
matter of enquiry is beyond the scope of the tribunal. Even if the Court acts within its
jurisdiction, where an error of law has been committed, a writ of certiorari can quash
the decision.
• In short, while prohibition is available during the pendency of the proceedings and
before the order is made, certiorari can be issued only after the order has been made,
under similar circumstances.
SUSPENDABILITY OF FUNDAMENTAL RIGHTS
• When the President proclaims a National Emergency under Article 352, on grounds
of war or external aggression (but not armed rebellion), the rights guaranteed by
Article 19 are automatically suspended.
• As regards with the suspension of any or all the other Fundamentals Rights, the
Constitution further empowers the President to issue a separate proclamation under
Article 359.
• By the 44th Amendment Act, 1978, the suspension of Article 20 and 21 has been
prohibited under any circumstances.
• Therefore, the present position is that during the operation of National Emergency,
the right to move the Court for the enforcement of any or all the Fundamental Rights,
excepting those guaranteed by Article 20 and 21, can be suspended by a Presidential
proclamation.

Art.33 empowers Parliament to modify the application of Fundamental Rights to the

Armed Forces or forces charged with maintenance of public order, etc. in the interest
of discharge of duties and maintenance of discipline.Though the appellate jurisdiction
of courts is excluded in cases of court martial, the writ jurisdiction remains (unless
taken away by law under Art.33)

Under Art.34, Parliament may by law indemnify any person for anything done in
contravention of fundamental rights for maintenance of order during the operation of
martial law.Art 35 lays down that the power to make laws to give effect to certain
specified fundamental rights shall vest only in the Parliament and not in State
Legislatures.

DIRECTIVE PRINCIPLES OF STATE POLICY

• Mentioned under Part IV of the Constitution covering articles 36 to 51.
• They tell about the aims that the state should strive to achieve.
• This part of the Constitution is undoubtedly the sister of the previous part dealing
with the Fundamental Rights, and is described as the Conscience of the Constitution.'
• Their idea has been incorporated from the Constitution of Ireland. They are a unique
blend of socialistic, liberal, democratic and Gandhian Principles.
• Mere instructions, not enforceable by law, for day-to-day administration of the
country.
• In STATE OF TAMILNADU Vs L. BAUKAVUR BAI case in 1984, the Supreme Court
held that although directive principles are not enforceable, yet the court shouldn't
avoid them.
CLASSIFICATION AND ENUMERATION OF DIRECTIVE PRINCIPLES
• Can be classified under four principal groups. The first group deals with general
principles of social policy the second with the principles of administrative policy. The
third deals with socio-economic rights. The fourth and last group contains a statement
of the International Policy of the Indian Republic.

24
• They are as follows:
1. Article 38: To secure and protect a social order which stands for the welfare of
the people.
2. Article 39: The State will, in particular, direct its policy towards securing:
(a) Adequate means of livelihood to all citizens
(b) A proper distribution of the material resources of the community for
the common good.
(c) Prevention of concentration of wealth to common detriment.
(d) Equal pay for equal work for both men and women.
(e) The protection of the strength and health of the workers and avoiding
circumstances that force citizens to enter avocations unsuited to their
age or strength.
(f) The protection of childhood and youth against exploitation or moral
and material abandonment.
3. Article 40: To organize village panchayats as units of self-government.
4. Article 41: To secure the right to work, education and public assistance in case
of unemployment, old age, sickness, etc.
5. Article 42: To secure just and humane conditions of work and maternity relief.
6. Article 43: To secure work, a living wage, a decent standard of life, leisure and
social and cultural opportunities for people, and in particular to promote
cottage industries.
7. Article 44: To secure a uniform civil code applicable to the entire country.
While the State has tried to reform and codify the personal law of the Hindus(
which is also applicable to Sikhs, Jains and Buddhists),no attempt has been
made to bring the Muslims,Christians and Parsees under the purview of a
common civil code.In Sarla Mudgal v Union of India(AIR 1995 SC 1531), the
Supreme Court strongly recommended the need for a uniform civil code,
declaring illegal the second marriage by a Hindu husband after conversion to
Islam.In John Vallamatton v Union of India(AIR 2003 SC 2902), THE Supreme
Court reiterated that a ‘common Civil Code’ would enhance the cause of
national integration by removing the contradictions based on ideologies.
8. Article 45: To provide, within 10 years from the commencement of the
Constitution, free and compulsory education to all children upto the age of 14.
9. Article 46: To promote with special care the educational and economic
interests of the weaker section of the people, especially the Scheduled Castes
and Scheduled Tribes.
10. Article 47: To secure the improvement of public health and the prohibition of
intoxicating drinks and drugs.
11. Article 48: To organize cultural and animal husbandry on scientific lines and
preserve and improve the breeds and prohibit the slaughter of cows, calves
and other milch and draught cattle.
12. Article 49: To protect all monuments of historic interest and national
importance.
13. Article 50: To bring about the separation of the judiciary from the executive.
14. Article 51: To endeavor to secure
(a) The promotion of international peace and security.
(b) Te maintenance of just and honorable relations between nations.
(c) The settlement of international disputes by arbitration.
DIRECTIVE PRINCIPLES MENTIONED IN OTHER PARTS
 Article 350 (A): It is the duty of the officers of concerned states to provide primary
education in mother tongue to the people of minorities particularly to the children of
minorities' class.
 Article 351: It will be the duty of the Union to spread Hindi language amongst the
people of India which
will develop our cultural and social element.
 Article 355: It will be under consideration to appoint the people of the Scheduled Castes and
the Scheduled Tribes in and as Union or State services.
 Implementation and Utility of Directives
 Opinion differs on how far the Directives have been implemented in actual
practice.In keeping with Directives, the main object of 5- years plans is to achieve a balanced
economic development and to raise living standard of masses.As for the implementation of
specific Directives, good progress has been made:

25
 (1)Land reforms, abolition of intermediaries and Zamindari system
 (2)Organisation of village panchayats;promotion of cottage industries;welfare of SC, ST,etc.
 (3)Compulsory primary education achieved in most States.
 (4)Minimum wages for workers; modernization of labour laws.
 (5)Hindu Marriage Act and Hindu Succession Act-for securing uniform civil code.

Relation between Directive Principles and Fundamental Rights

The Directive Principles differs from Fundamental Rights in certain
respects:
(1)The Directive Principles are non-justiciable i.e. can’t be enforced by the courts; they are
declaratory.While Fundamental Rights are justiciable i.e. can be enforced by courts; they are
mandatory.
(2)The Directives are instruments of instructions to the Government, they contains positive
commands to the State to promote a social and welfare State.The Fundamental Rights are
limitations upon the State actions, they contain negative injunctions to the State not to do
various things.
(3)Unlike Fundamental Rights, the Directives are required to be implemented by legislation.
(4)The courts cannot declare as void any law which is otherwise valid on the ground that it
contravenes any of the Directives.On the other hand, the courts are bound to declare as void
any law that is inconsistent with fundamental rights.

Conclusions—There is no conflict or disharmony between Directive Principles and

Fundamental Rights, because they supplement each other in aiming at the same goal of
bringing about a social revolution and establishment of a welfare State.
PRESIDENT

• Executive Head of the State. First citizen of India.

• The Executive powers vested in the President are to be exercised on the advice of the
Council of Ministers responsible to the Parliament. The 42 nd Amendment of the
Constitution has made it obligatory on the part of the President to accept the advice
of the Council of Ministers.
QUALIFICATIONS
• a. Must be a citizen of India
• b. Completed 35 yrs in age.
• c. Eligible to be a member of Lok Sabha.
• d. Must not hold any Government post. Exceptions:
 President and Vice-President
 Governor of any State
 Minister of Union or State.
ELECTION
• Article 54 and 55 lay down the procedure for electing the President.
• Indirectly elected through Electoral College' consisting of elected members of both the
Houses of Parliament & elected members of the Legislative Assemblies of the States
(No nominated members). According to the 70 th Amendment Act, 1992, the expression
'States' includes the National Capital Territory of Delhi and the Union Territory of
Pondicherry. Members of the Legislative Councils have no right to vote in the
Presidential election.
• The total voting strength of the Parliament is equal to the total voting strength of all
state assemblies together.
• There is uniformity in the representation of different States at the President's election
according to the population and the total number of elected members of the Legislative
Assembly of each State. The formula adopted to secure uniformity among the State is
as follows:

• On the basis of the formula, the value of the Vote of a MLA from UP has the highest
value and that from Sikkim the lowest.
• The formula adopted to secure uniformity between all the States on one hand and the
Parliament on the other is as follows:

• The 1971 census is currently under consideration.

26
• The election is held through the system of proportional representation by means of
the single- transferable vote by secrete ballot. The candidate who get 50% of votes is
considered elected.
• It was pointed out in the Constituent Assembly that proportional representation is
meaningless where there is only one candidate to be elected. Moreover, "the single
transferable vote does not exist here because nobody had a single vote; every body
has plural votes". Answering these doubts, Dr. Ambedkar explained that "we have
provided one single proportional representation in which every candidate at the
bottom will be eliminated until we reach one man who gets what is called a quota".
This method, he said, was adopted so that the minorities will have some hand and
some play in the election of the President. He refused to explain how it would work in
case there is only one man to be elected. Constitutional analysts aver that it is really
what is known as the alternative vote.
• By this method, each voter is entitled to cast as many votes as there are candidates
in the field indicating the order of his preferences. If in the first counting no candidate
obtains the requisite quota, the process of transfer of votes is eliminated and his
second preferences are added to the first preference votes of other candidates. This
process continues until a candidate with the requisite quota emerges. Thus the
candidate who receives the largest number of votes on the first count is not necessarily
the final choice. This procedure ensures that the president – elect has an absolute
majority behind him.
• Security deposit- 15,000/-
• Supreme Court inquires all disputes regarding President's election.
NOTE
▪ In the history of Presidential elections, V.V. Giri is the only person who won
the election of the President as an independent candidate in 1969.
▪ In July 1977 Neelam Sanjeeva Reddy was elected unopposed as no one else
filed nomination for the post of the President.
• Takes OATH in presence of Chief Justice of India, or in his absence, senior most judge
of Supreme Court.
TERM & EMOLUMENTS
• 5 year term.
• Article 57 says that there is no upper limit on the no. of times a person can become
President.
• Can give resignation to Vice President before full term.
• Present Salary – 1,50,000/- month (including allowances & emoluments).
IMPEACHMENT (ATRICLE 61)
• Quasi- judicial procedure.
• Can be impeached only on the ground of violation of Constitution.
• The impeachment procedure can be initiated in either House of the Parliament. The
charge must come in the form of a proposal which must be signed by at least one-
fourth of the total membership of that House. Before the resolution could be passed,
a fourteen days notice must be given to the President. If, after the notice, the House
passes the resolution by a majority of not less than 2/3 rd membership of that House,
the matter will be referred to the other House.
• After the charges are framed by one house, the other House investigates them. At this
time President has the right to defend himself either in person or through his lawyer.
If after the investigation, the other house passes the resolution by not less than 2/3 rd
majority of that House, the President stands impeached from his office from the date
on which the motion is so passed.
VACANCY
• In case the office falls vacant due to death, resignation or removal, the Vice-President
acts as President. If he is not available then Chief Justice, if not then senior-most
judge of Supreme Court.
• The election is to be held within 6 months of the vacancy.
NOTE
▪ Only once in the History of India, Justice M. Hidayatullah, Chief Justice of
Supreme court, discharged the duties of the President in 1969.
▪ Justice Hidayatullah is the only person to perform the functions of the
President two times in two different capacities, the first time in 1969 being the

27
 Chief Justice of the Supreme Court and the second time being the Vice
President of India in 1982.
POWERS
EXECUTIVE POWERS
• Appoints PM, ministers, Chief Justice & judges of Supreme Court & High Courts,
chairman & members of UPSC, Comptroller and Auditor General, Attorney General,
Chief Election Commissioner and other members of Election Commission, Governors,
Members of Finance Commission, Ambassadors, etc.
• He directly administers the Union Territories through the Lt. Governor, Commissioner
or Administrator.
LEGISLATIVE POWERS
• Can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha.
• Can address both the houses jointly/separately.
• Addresses the first session after general elections and at the commencement of the
first session of each year.
• Can send massages to both the Houses, whether with respect to a Bill pending in the
Parliament or otherwise.
• Can appoint any member of the Lok Sabha to preside over its proceedings when both
the offices of Speaker and the Deputy Speaker fall vacant simultaneously (Someway
in Rajya Sabha also).
• Nominates 12 members to Rajya Sabha.
• Nominates 2 members of Anglo- India community in Lok Sabha if they haven't received
adequate representation.
• Decides on the questions as to the qualifications of the MPs, in consultation with the
Election Commission.
• His prior recommendation or permission is needed to introduce certain types of Bills
in the Parliament. E.g., a Bill for the formation of new States or alteration of
boundaries of a State, a Money Bill, etc.
• When a Bill is sent to the President after it has been passed by the Parliament, he
can:
1. Give his assent to the Bill, or
2. withhold his assent to the Bill, or
3. Return the Bill (if it is not a Money Bill or a Constitutional Amendment Bill) for
reconsideration of the Parliament, although only once.
• President has the power to veto with respect to the Bills passed by the Parliament. He
enjoys three types of veto powers:
1.Absolute Veto: Withholding the assent to the Bill. Normally, it is exercised only in the case
of private member's Bill. In the case of a Governor and before it is assented to by the President,
the ministry resigns and new council of ministers advices the President to use his veto power
against the Bill.
2.Suspense Veto: It is exercised when instead of refusing his assent out rightly to a Bill, the
President returns the Bill or part of it for the reconsideration and the Parliament
makes it obligatory on him to give his assent to it. In this case, the veto power is
merely of suspense nature.

3.Pocket Veto: Since the Constitution does not provide any time limit within which the
President is to declare his assent or refusal, the President could exercise this veto by
not taking any action for an indefinite time; but if the ministry has a strong backing
in Parliament, it would not be possible for him to do so. Pocket Veto was used in 1986
by the then President Giani Zail Singh in the Postal Bill.
• Can enact laws through ordinance when the Parliament is in recess (Article-
123). These ordinances must be passed by Parliament within 6 weeks of
reassembly.
• Lays the report of the Comptroller and Auditor General, UPSC, the Finance
Commission, and others, before the Parliament.

EMERGENCY POWERS
1. National Emergency (Article 352)

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• On the grounds of security threats to India by war, external aggression or armed
rebellion.
• The President can proclaim this emergency only after receiving a written
recommendation from the Cabinet.
• The proclamation of the emergency must be approved by the Parliament within one
month. If approved, it will continue for six months.
• It can be extended for an indefinite period with an approval of the Parliament for every
six months.
• It has been proclaimed three times so far- 1962, 1971 and 1975.
• President can suspend the operation of Fundamental Rights (except Articles 20 and
21) during this type of emergency.
• Article 19 can only be suspended in case of external emergency and not in the Case
of internal Emergency.
• The Parliament can make laws on items mentioned in the State list during the period
of National Emergency.
2. State Emergency (Article 356)
• Emergency due to failure of constitutional machinery in State. The President's rule
can be imposed when the President is satisfied, on the basis of either a report of the
State Governor or otherwise, that the governance of the State cannot be carried on in
accordance with the provisions of the constitution.
• The proclamation of the President's rule should be approved by the Parliament within
two months. If approved, it remains in force for six months from the date of
proclamation of the State Emergency.
• It can be extended for a maximum period of three years with the approval of the
Parliament every six months.
• The State Governor, on behalf of the President, carries on the State administration
with the help of the advisors appointed by the President or the Chief Secretary of the
State.
• The President's rule has been imposed more than 100 times.
3. Financial Emergency (Article 360)
• The President can proclaim Financial Emergency if he is satisfied that the financial
stability or the credit of India or any part there of is threatened.
• Such a proclamation must be approved by the Parliament within two months.
• During the Emergency, the President can issue directions for the reduction of salaries
and allowances of all or any class of persons serving under the State.
• Financial Emergency has not been declared so far.
PRESIDENT VIS-A-VIS COUNCIL OF MINISTERS
• Before the 42nd Amendment Act, 1976, there was no provision in the Constitution
which made the advice of the Council of Ministers obligatory on the President. Article
74 simply stated that there shall be a Council of Ministers, with the Prime Ministers
at the head, to aid and advice the President.
• The 42nd Amendment Act made it clear beyond doubt that the President is
constitutionally bounded by the advice of the Council of Ministers.
• The 44th Amendment Act further stated that the President can send the advice back
for reconsideration but only once.
• Although the Constitution (after 42nd and 44th Amendment Acts) made it mandatory
or obligatory for the President to act on the advice of the Council of Ministers, but
even then the practice of Parliamentary governance creates some circumstances when
the President has to act as per his own wisdom.
• The situation are:
(a) Appointment of the Prime Minister (Article 75(1) ) under a situation when no
single political party commands clear support of the Lok Sabha
(b) Appointing a Prime Minister in case of vacancy due to sudden death of the
incumbent, where there is no acknowledge leader due to inability of the
legislative party to do it or in case of absence of a settled seniority among
Cabinet Ministers and a name for the Prime minister is proposed from the
outside.

29
 (c) Dissolution of Lok Sabha on the advice of the Council of Ministers which has
lost the support of the majority members of Lok Sabha or against whom a vote
of no-confidence motion may has been passed.
(d) Dismissing ministries (Article 72 (2) ) in case the Council of Minister has lost
the confidence of the House but refuses to resign.

Financial Powers
• All money bills can originate in Parliament only on recommendation of
President.
• No Demand for a grant can be made except on his recommendation.
• He can make advances out of the Contingency Fund of India to meet any
unforeseen expenditure.
• Appoints Finance Commission (after every 5 yrs) that recommends distribution
of taxes between Union & State Govts.
Judicial Powers
• The President's pardoning power comprises a group of analogous powers:
1. Pardon: It rescinds both the sentence and the conviction and completely
absolves the offender from all punishments and disqualifications.
2. Reprieve: It means a stay of execution of sentence pending a proceeding
for pardon or commutation.
3. Remission: The power of remission reduces the amount of sentence
without changing its character. E.g., a sentence of imprisonment for one
year may be remitted for six months.
4. Respite: The power to grant respite means awarding a lesser sentence
instead of the prescribed penalty in view of some special facts. E.g.,
pregnancy of the woman offender.
5. Commutation: It merely substitutes one form of the punishment for
another of a lighter character- death by transportation, transportation by
rigorous imprisonment, rigorous imprisonment by simple imprisonment,
and simple imprisonment by fine and so on.
• Appoints the Chief Justice and the judges of the Supreme Court and high
Courts.
Military Powers
• He is the Supreme Commander of the Defense Forces of India.
• Appoints Chiefs of Army, Navy & Air Force.
• Declares wars & concludes peace subject to the approval of the Parliament.
Diplomatic Powers
• Represents country in international forums.
• Sends ambassadors & receives diplomats.
• International treaties & agreements are concluded on his behalf.

VICE PRESIDENT

• Elected by both the houses (Electoral College) in accordance with the system of
proportional representation by means of single transferable vote and the vote being
secret. Nominated members also participate in his election.
• The Supreme Court has the final and exclusive jurisdiction for resolving disputes and
doubts relating to the election of the Vice-President.
Qualification
a. Citizen of India
b. More than 35 yrs of age.
c. Possess the qualification for membership of Rajaya Sabha.
d. Not hold any office of profit under union, state or local authority. However, for
this purpose, the President, Vice-President, Governor of a State and a Minister
of the Union or a State, are not held to be holding an office of profit.
• Holds office for 5 yrs. Can be re-elected.
• Term can be cut short if he resigns or by a resolution of the Rajya Sabha passed by a
majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.

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• The Vice President is the second highest dignitary of India, next to the President of
India. No formal functions are attached to the office of Vice President. He is the ex-
officio chairman of Rajya Sabha. Since he is not a member of Rajya Sabha, he has no
right to vote.
• Being the Vice President of India, he is not entitled for any salary, but he is entitled
to the salary and allowances payable to the Chairman of the Rajya Sabha.
• All bills, resolution, motion can be taken in Rajya Sabha after his consent.
• Can discharge the function of President if the post falls vacant. (For maximum 6
months) The Vice President takes over the office of the President normally under these
conditions:
a. death of the President.
b. resignation of the President;
c. removal of the President;
d. when President owing to absence, illness or any other cause, is unable to
perform the functions of his office.
• When he discharges the functions of the President, the Vice President shall not
perform the duties of the office of the Chairman of Rajya Sabha and shall not be
entitled to receive the salary of the Chairman. During this period, he is entitled for the
salary and privileges of the President of India.
• Present salary is Rs. 1,25,000/- per month.
PRIME MINISTER
• Real executive authority.
• Gets the same salary as other MPs. (In addition, he gets some other allowances).
• He is the ex-officio Chairman of the planning Commission, National Development
Council, National Integration Council and Inter-state Council.
POWERS
a. The President convenes and prorogues all sessions of Parliament in consultation with
him.
b. Can recommend the dissolution of Lok Sabha before expiry.
c. Appoints the Council of ministers.
d. Allocates portfolios. Can ask a minister to resign & can get him dismissed by
President.
e. Assists the President in appointment of all high officials.
f. Can recommend to the President to declare emergency on grounds of war, external
aggression or armed rebellion.
g. Advises President about President's Rule in the state or emergency due to financial
instability.
h. Leader of the House.

Council of Ministers
• The President has to act in accordance with the advice of Council of ministers.
• In this, 3 types of ministers are there :
a. Minister of Cabinet Rank: Real policy makers. The cabinet meetings are not
attended by other ministers.
b. Minister of State: Can either hold independent charge or attached to a cabinet
minister.
c. Deputy Ministers: Do not hold separate charge.
• Collectively responsible to the Lok Sabha.
• It is a team & its members sink or swim together. (Article 75). This is called 'Collective
Responsibility'. A vote of no confidence against any Minister automatically leads to
the resignation of the entire Council (or its dismissal by the President).
• A person can remain a minister without being a member of the either house upto 6
months maximum.
• A minister who is a member of one House has a right to speak in and take part in the
proceedings of the other House- though he has no right to vote in the House of which
he is not a member.
PARLIAMENT

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• According to Article 79, the Parliament consists of the President, the Council of States
(Rajya Sabha) and the House of the people (Lok Sabha). Though the President is not
a member of either of the House, he is an integral part of it.
❖ LOK SABHA
• Maximum strength- 550+2 (530- States/20- Union Territories)
• Present strength of Lok Sabha- 545.
• The Ninety First Amendment, 2001, extended freeze on Lok Sabha and State Assembly
seats till 2026.
• The normal tenure of the Lok Sabha is five years, but it may be dissolved earlier by
the President. The life of the Lok Sabha can be extended by the Parliament beyond
the five year term, when a proclamation of emergency under Article 352 is in force.
But the Parliament cannot extend the normal life of the Lok Sabha for more than one
year at a time (no limit on the number of times in the Constitution).
• The qualification to become a member is:
a. Citizen of India
b. Atleast 25 yrs of age.
c. Mustn't hold any office of profit.
d. No unsound mind/insolvent.
e. Has registered as voter in any Parliamentary constituency.
• A member can be disqualified:
a. If he voluntarily gives up the membership of party
b. If he over- rules the 'whip'.
c. Absent for 60 days without intimation.
• Members' oath is administered by Pro-Tem Speaker.
• Can resign, by writing to Speaker.
• Presiding officer is Speaker (In his absence Deputy Speaker). The members among
themselves elect him.
• The Speaker continues in office even after the dissolution of the Lok Sabha till a newly
elected Lok Sabha meets.
• Usually the Speaker, after his election cuts-off all connection with his party & acts in
a impartial manner. He does not vote in the first instance, but exercises his casting
vote only to remove a deadlock.
• Charges his salary from Consolidated Fund of India
• Speaker sends his resignation to deputy Speaker.
• The majority of the total membership can remove Speaker after giving a 14 days
notice. (During this time, he doesn't preside over the meetings). After his removal,
continues in office till his successor takes charge.
❖ RAJYA SABHA
• Maximum Strength -250 (Out of these, President nominates 12 amongst persons
having special knowledge or practical experience in the fields of literature, science, art
and social service).
• Presently, the Parliament, by law, has provided for 233 seats for the States and the
Union Territories. The total membership of Rajya Sabha is thus 245.
• All the States and the Union Territories of Delhi and Pondicherry are represented in
the Rajya Sabha.
• Representatives of the State are elected by members of State legislative assemblies on
the basis of proportional representation through a single transferable vote. (States are
represented on the basis of their population).
• There are no seats reserved for Scheduled Castes and Scheduled Tribes in Rajya
Sabha.
• The qualification to become a member is:
a. Citizen of India
b. 30 yrs of age.
c. Be a parliamentary elector in the state in which he is seeking election.
d. Others as prescribed by parliament from time to time.
• Membership is for 6 years, as 1/3 rd members retire every 2 years.
• Vice-President is the ex-officio Chairman of Rajya Sabha. He presides over the
proceedings of the Rajya Sabha as long as he does not act as the President of India
during a vacancy in the office of the President of India.

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 REPRESENTATION OF STATES AND UNION TERRITORIES
State /Uts Lok Rajya State /Uts Lok Rajya
Sabha Sabha Sabha Sabha
Andhra Pradesh 42 18 Nagaland 1 1
Arunachal Pradesh 2 1 Orissa 21 10
Assam 14 7 Punjab 13 7
Bihar 40 16 RAjasthan 25 10
Jharkhand 14 6 Sikkim 1 1
Goa 2 1 Tamol Nadu 39 18
Gujarat 26 11 Tripura 2 1
Haryana 10 5 Uttra Pradesh 80 31
Himachal Pradesh 4 3 Uttaranchal 5 3
Jammu & Kashmir 6 4 West Bengal 42 16
Karnataka 28 12 Andaman & 1 -
Nicobar
Kerala 20 9 Chandigarh 1 -
Madhya Pradesh 29 11 Dadar & Nagar 1 -
Haveli
Chattisgarh 11 5 Daman & Diu 1 -
Maharashtra 48 19 Delhi 7 3
Manipur 2 1 Lakshadweep 1 -
Meghalaya 2 1 Pondicherry 1 1

• Also a deputy Chairman is elected from its members.

• In Rajya Sabha any bill can originate, apart from money bill (including budget).
Joint Session
• Can be ordered by President to consider a particular bill in case:
a. A bill passed by one house is rejected by other.
b. The amendments made by the other house are not acceptable to the house
where the bill originated.
c. In case, a bill remains pending unpassed for more than 6 months.
• Joint session is presided over by the Speaker of Lok Sabha or in his absence by the
Deputy Speaker, or in his absence by the Deputy Chairman of the Rajya Sabha or in
his absence any other member of the Parliament who is agreed upon by the Houses.
• If the Lok Sabha is dissolved before the President notifies a joint sitting, the Bill lapses
and no joint sitting is possible. However, if the President has notified his intention to
summon the Houses for joint sitting and then the Lok Sabha is dissolved, the joint
sitting takes place not withstanding the dissolution of the House.
• The deadlock over a Bill is resolved by a majority of the total number of the members
of both the Houses present and voting.
• Since the Lok Sabha has larger membership its will prevails.
• No fresh amendment can be done in Joint session.
Sessions of Parliament
• At the discretion of the President.
• Gap shouldn't be more than 6 months.
• The Parliament generally meets in three sessions in a year. These are:
a. Budget Session: In Feb.- May, longest.
b. Monsoon Session: July- August
c. Winter Session: Nov.- Dec., shortest.
Prorogation of House
• Means ending the session. Pending bills/business does not lapse; they are taken in
the next session

Special Powers of the Rajya Sabha

a. A resolution seeking the removal of the Vice-President can originate only in the Rajya
Sabha
b. If the Rajya Sabha passes a resolution by a majority of not less than two-third of the
members present and voting that it is necessary in the national interest that
Parliament should make laws with respect to any matter enumerated in the State list,
it shall be lawful for Parliament to make law for a period of not more than one year.

33
c. If the Rajya Sabha passes a resolution by a majority of not less than two third of the
members present and voting that it is necessary in the national interest to create one
or more All-India services, Parliament by law, provide for such service or services.
Quorum, Penalty, Privileges of MPs
• Quorum for Either House (According to Article 100 (c)) is 1/10 of the total no. of
members.
• If a person sits or votes as a member of either House of the Parliament before he has
complied with the requirements of Article 99 (Oath), or when he knows that he is not
qualified or that he is disqualified for membership thereof, he shall be liable in respect
of each day on which he so sits or votes to a penalty of five hundred rupees to be
recovered as a debt to the Union.
• A Member of Parliament enjoys immunity from arrest, 40 days before the
commencement and 40 days after the prorogation of a session of the House. This
immunity is only in Civil cases and does not extend to Criminal proceedings, or the
contempt of the Court or preventive detention. Also, a member of the Parliament can
not be compelled to give witness in the case pending in the Court of law when the
Parliament is in session
• Also, an MP enjoys Freedom of speech providing immunity from Court action for
anything said in the House. However, the freedom is subject to the rules framed by
the House, so that the dignity of the House may be maintained. The Constitution too,
imposes a restriction that the conduct of judges of Supreme Court and High Courts
in the discharge of their duties shall not be discussed by Parliament except when
considering the removal of a judge.
• .
Dissolution of House
• Only of Lok Sabha.
• By President on advice of PM.
• Bills pending in Rajya Sabha, passed by Lok Sabha also lapses unless President call
a joint sitting of the 2 houses.
• Bills pending in Rajya Sabha, not passed by Lok Sabha don't lapse.
•
The BUDGET
• The Budget is the annual financial statement of the Government. It is presented to
the Lok Sabha upon the recommendation of the President. It is presented by the
Finance Minister.
• It is the statement of the estimated receipts and expenditures of the Government of
India for the following Financial Year; It also contains the actual receipts and
expenditure of the previous year with a review of the financial position during that
period.
• After introduction of the Budget, the Lok Sabha discusses the demands for grant (i.e.
proposed expenditure) of various ministries and departments and is approved by it,
one by one All the expenditures approved through various demands for grants and
expenses charged on the Consolidated Fund of India, are then presented in the form
of a single Bill called the 'Appropriation Bill. The proposals for taxation to raise
revenue are presented in the form of 'Finance Bill'.
CONSOLIDATED FUND OF INDIA
• It is fund to which all the revenue, loans raised and Income of the Government of
India are deposited.
• Similarly no money can be spent out of this Fund except through the grants made by
the Parliament and expenditures charged on the Consolidated Fund of India.
Charged Expenditures
• They are the expenditures that do not require the approval of the Parliament to be
spent out of the Consolidated Fund of India. These expenditures are sanctioned either
by the Constitution itself or by Acts of Parliament.
• According to Article 112 (3), the following are some of the charged expenditures on the
Consolidated Fund of India:
a. The emoluments and allowances of the President and other expenditures
relating to his office.
b. The salaries and allowances of the Chairman and Deputy Chairman of the
Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha.

34
 c. Debt charges for which the Government of India is liable.
d. Salaries, allowances and pension payable to the judges of the Supreme Court
and the Comptroller and Auditor-General of India and the pension payable to
the Judges of the High Courts.
e. Other expenses declared by the constitution or parliament to be charge-able
to the Consolidated Fund.
CONTINGENCY FUND OF INDIA
• Through an act of parliament in 1950.
• It has a limit of Rs. 50 crore.
• It is at the disposal of the President. He can make advance out of this fund to meet
unforeseen expenses where the Parliament's approval cannot be obtained owing to
time factor. However, the sanction of the Parliament is necessary to replenish the
Fund from the Consolidated Fund of India.
• The States have their own Consolidated and Contingency Funds.
Conduct of Business In Parliament
• Ordinary Bills: All bills, except money bills, are introduced in either house. (Speaker
of Lok Sabha decides whether the bill is a money bill or not).
• Money Bills: It deals with the imposition or abolition of taxes, matters pertaining to
borrowing of money by the govt. custody & maintenance of consolidated funds, etc.
• It can originate only in Lok Sabha on the recommendation of the President. The Rajya
Sabha can only delay it by 14 days. Its final authority lies with Lok Sabha only.
Parliament's Control over the Financial System
• Article 265 states that no tax can be levied or collected except by authority of law. The
executive, therefore, cannot impose any tax without the sanction of the Parliament.
• All the revenue and loans raised by the authority of law are paid into the Consolidated
Fund of India. Under Article 266 no money can be withdrawn or spent or appropriated
from the Consolidated Fund of India without the sanction of the Parliament.
• The Parliament, thus, controls the revenue expenditure and appropriation of
Government of India.
COMMITTEE SYSTEM
• Appointed to save time.
• Most of them functions under the direction of the Speaker and are essentially
Committees of the Lok Sabha.
• Classified under two heads;
a. Standing Committees
b. Ad hoc Committees
• The Standing Committees may be classified as follows:
1. Committee to Enquire
a. Committee on Petitions
b. Committee on Privileges
c. Committee on welfare of Scheduled Castes and Scheduled Tribes
d. Committees on welfare of women and minorities
2. Committee to Scrutinize
a. Committee on Government Assurances
b. Committee on subordinate legislation
c. Committee on papers laid on the table of the House
3. Financial Committees
a. Estimates Committee
b. Public Accounts Committee
c. Committee on Public Undertaking
d. 17 Departmentally Related Committees
4. Committees of Administrative Character
a. Business Advisory Committee
b. Committee on Private Member's Bill
c. committee on Absence of Members
d. Committee on Office of Profit
5. Committees dealing with Provision of facilities to Members
a. General Purpose Committee
b. House Committee
c. Library Committee

35
 d. Joint Committee on salaries and Allowances
e. Rules Committee
• Members of the Rajya Sabha are associated with all the Committees except the
Estimates Committee. They constitute about one third of the strength of each
Committee. They are either elected by the Rajya Sabha or nominated by the Chairman
of the Rajya Sabha.
• Members of the Lok Sabha constitute two third of the strength of the Committee in
which Rajya Sabha members are there. They are either elected by the Lok Sabha or
are nominated by the Speaker.
• The members of the Committee are generally elected for not more than one year. As
far as possible all the parties in the Parliament are represented in the Committees
proportionate to their strength in the Parliament.
• The Chairman of all the Committees (except the Joint Committee on Salaries and
Allowances of MPs) are appointed by the Speaker from amongst the members of the
Committee.
• Joint Committee on Salaries and Allowances appoints its own Chairman.
• The Chairman of the Committee on Public Accounts is appointed by the Speaker from
amongst opposition members elected from Lok Sabha.
• In case the Speaker is a member of a Committee, he is ex-officio Chairman of the
Committee.
SOME IMPORTANT TERMS
WHIP

• A directive issued by any political party to ensure the support of its members voting
in favour or against a particular issue on the floor of the House. A person may lose
the membership of the party and the legislature if he votes against the whip or
abstains from voting.
LAME DUCK SESSION
• This refers to the last session of the old parliament which is held after a new Lok
Sabha has been elected after the general election. The lame ducks under it are those
members who were part of the old House but could not get re-elected for the new
House.
SNAP VOTE
• Refers to a vote taken unexpectedly without voters being briefed or informed about it
in advance.
GERRYMANDERING
• It is the reorganization of electoral districts attempted by the party to gain some
electoral advantage in the forthcoming elections.
SPEAKER PRO-TEM
• As soon as the new Lok Sabha is constituted, the President appoints a Speaker Pro-
tem who is usually the senior most member (seniority in term of number of years
he/she served as a member) of the House. In case the two members are equally
qualified, the weightage is given to member's age. His functions include administering
the oath to the newly elected Lok Sabha members and presiding over the election of
the new Speaker. His term ceases as soon as the Speaker is elected.
GUILLOTINE
When due to lack of time, demand for grants are put to vote whether they are discussed or
not in the House on the last day of the allotted time, it is called Guillotine and it concludes
the discussion on demands for grants.
QUESTION HOUR
The first hour of every sitting in both houses (11-12AM). In this questions are asked
by members & answered by ministers. 3 types of questions:
a. Starred Question (1membr can ask only one/day) for which oral answer is
required.

b. Unstarred Questions for which written answer (10 days notice) is required
c. Short Notice questions are the ones which relates to matters of urgent public
importance and can be asked by members with notice shorter than the ten
days prescribed for an ordinary question.

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ZERO HOUR
• From 12-1 PM daily. Time allotted everyday for miscellaneous business is call-
attention notice, questions of official statements & adjournment motions.
• It is a proposal brought before the house for its opinion/decision.
MOTION
• It is proposal brought before the house for its opinion/decision.
• Types
a. Privilege Motion
A resolution introduced by the opposition that a minister has mislead the
house by giving wrong information.
b. Censure Motion
Can be moved only in Lok Sabha only by the opposition. It can be brought
against the ruling government or against any minister for the failure to act or
seeking disapproval of their policy. A censure motion must specify the charges
against the government for which it is moved. Further, no leave of the House
is required for moving it. If a censure motion is passed in the Lok Sabha, the
Council of ministers is bound to seek the confidence of the Lok Sabha as early
as possible.
c. No Confidence Motion
Can be moved only in Lok Sabha and only by the opposition. It can be brought
only against the Council of ministers and and not against any individual
minister. Further, unlike censure motion, a no-confidence motion need not set
out any specific ground. Once admitted in the House, it takes precedence over
all the pending business of the House. Generally the PM answers the
allegations after the members have spoken. If the motion is adopted by the
House, the Council of Ministers is bound to resign.
d. Call- attention Motion
A member (after permission from Speaker) calls the attention of the minister
to any matter of 'urgent public importance'.
There is no Call-Attention motion in the Rajya Sabha. Instead there exists a
motion called 'Motion for Papers'.
e. Adjournment Motion
Leads to setting aside the normal business of the House for discussing a
definite matter of urgent public importance.
f. Cut Motions
They are moved in the Lok Sabha only. There are part of the Budgetary process
which seeks to reduce the amounts for grants.
SUPREME COURT OF INDIA
• Stand at the apex of the judicial system of India.
• Consists of Chief Justice & 30 other judges.
Appointment
• The senior most judge of the Supreme Court is appointed as the Chief Justice of India.
Other judges are appointed by the President after consultation with such judges of
the Supreme Court and of the High Courts as the president may deem necessary.
• In a landmark judgement, the Supreme Court in the "Supreme Court Advocates-on-
Record Association vs Union of India" case, 1993, held that the Chief Justice's opinion
in the appointment of the judges of the Supreme Court and in the appointment and
transfer of the judges of the High Court shall enjoy primacy.
Qualification
a. Citizen of India.
b. Have been a judge of High Court for 5 yrs or an advocate of High Court for 10
yrs minimum or in President's view, a distinguished jurist of the country.
Term & Salary
• The Chief Justice & other judges hold office till 65 yrs of age.
a. Can give resignation to President.
b. Can be removed by the Parliament
c. After retirement, a judge of Supreme Court cannot plead or act before any
authority.
• Salary: Chief Justice – 1,00,000/- per month
Other Judges- 90, 000/- per month
Removal of Judges

37
• A motion seeking the removal of the judge can be preferred before either House of the
Parliament.
• If it is introduced in the Lok Sabha,it shouldbe signed in by not less than 100
members of the Lok Sabha.
• If it is to be introduced in the Rajya Sabha, the motion should be signed in by not less
than 50 members.
• The resolution should be supported by a majority of total membership of both the
houses & by 2/3 majority of the members present & voting.
Other points
• The Chief Justice can appoint ad hoc judges in the Supreme Court after the consent
of President; important aspect is, they should be qualified to do so.
• The Chief Justice, with the previous consent of the President, may request a retired
Judge of the Supreme Court or a retired judge of a High Court who is duly qualified
to be appointed as a judge of the Supreme Court, to sit and act as a judge of the
Supreme Court.
• Supreme Court normally sits in New Delhi. Can hold its meetings outside if the
decision is taken by Chief Justice in consultation with the President.
INDEPENDENCE OF JUDGES
• The constitution has ensured this by:
a. Salaries from Consolidated Fund.
b. Salaries cannot be changed to their disadvantage.
c. Removal difficult.
d. Cannot practice after retirement.
e. Decision & actions of judges cannot be criticized & the person doing so can be
punished.
f. Conduct of judges cannot be discussed in Parliament.
g. President cannot appoint judges of the Supreme Court himself, he has to
consult the judges also.
JURISDICTION OF THE SUPREME COURT
a. Original jurisdiction: The Supreme Court settles all disputes between Centre-State,
State- State, etc.
b. Writ Jurisdiction: Every individual has the right to move the Supreme Court directly
by appropriate proceedings for the enforcement of his Fundamental Rights.
c. Appellate Jurisdiction: It is three fold:
1. Constitutional: In constitutional matters, an appeal lies to the Supreme Court
if the High Court certifies that the case involves a substantial question of law
as to the interpretation of the Constitution.
2. Civil: In cases, an appeal lies to the Supreme Court if a High Court certifies
that the value of the Subject matter of the dispute is not less than Rs. 20,000
or that the case is fit for appeal to the Supreme Court.
3. Criminal: In criminal cases, an appeal lies to the Supreme Court if the High
Court:
(i) Has on appeal reversed the order of acquittal of an accused and
sentenced him to death; or
(ii) Has withdrawn for trial before itself any case from any subordinate
court and has in such trial convicted the accused and sentenced him
to death; or
(iii) Certifies that the case is fit for appeal to the Supreme Court.
d. Advisory Jurisdiction: If the President seeks the advice of Supreme Court, it is duty
bound to give its opinion. (Its opinion isn't a binding on President).
e. Revisory Jurisdiction: The Supreme Court under Article 137 is empowered to review
any judgment or order made by it with a view to removing any mistake or error that
might have crept in the judgment or order.
f. It is a court of record as its decisions are of evidentiary value & cannot be questioned
in any court.
g. The Supreme Court also enjoys the power of judicial review as it can ensure that the
laws passed by legislature and orders issued by the executive do not contravene any
provision of the constitution.
h. The Supreme Court decides disputes regarding the election of the President and the
Vice President.
i. The Supreme Court recommends the removal of members of UPSC to the President.

38
THE GOVERNOR
• Nominal executive head.
• Normally each State has its own Governor, but under the Seventh Amendment Act,
1956, the same person can be appointed as Governor of one or more States or Lt.
Governor of the Union Territory.
• Appointed by the President on the recommendations of Union Council of Ministers.
QUALIFICATION
a. Citizen of India
b. Completed 35 yrs of age.
c. Shouldn't be a member of either house of parliament or the state legislature.
d. Must possess the qualification for membership of State Legislature.
e. Mustn't hold any office of profit.
• His usual term of office is 5 yrs but he holds office during the pleasure of the President.
He can be asked to continue for more time until his successor takes the charge.
• Can give his resignation or can be removed earlier by the President. The legislature of
a State or a High Court has no role in the removal of a Governor.
• Salary from the Consolidated Fund of the State (Rs.1,10,000 per month) and is not
subject to the vote of the State Legislature. When the same person is appointed as the
Governor of two or more States, the emoluments and allowances payable to him shall
be allocated among the States in such proportion as determined by the President of
India.
• His oath is administered by the Chief Justice of the concerned State High Court and
in his absence, the senior-most judge of that Court.
POWER
a. Executive Powers
• Appoints Chief Minister, Council of Ministers, Chairman & members of State Public
Service Commission, Advocate General of the State and Election Commissioner of the
State.
b. Legislative Powers
• Summons, Prorogues & dissolves the State Legislature.
• Addresses the first session of State Legislature after election and at the beginning of
each new session.
• Sends messages to State Legislature on bills pending before it.
• Appoints 1/6th members of Legislative Council.
• Nominates one member from the Anglo-Indian community (if not proper
representation).
• Makes laws through ordinances.
• Gives assent to the Bills so that they become laws. The Governor has three alternatives
before him with respect to the Bills: (i) He can give his assent to the Bill; (ii) He can
return it, if it is not a Money Bill, for reconsideration suggesting alternations. But
such Bills when passed again, have to be given assent; (iii) He may reserve the Bill
for the assent of the President.
c. Financial Powers
Ensures that the budget is laid.All money bills can be introduced on his
recommendation only.

d.Juducial Powers

• President consults Governor while appointing Chief Justice and other judges of the
High Court.Appoints judges of courts below the High Court can grant pardon, reprieve
or remission of punishment for offence against State laws. But he cannot grant pardon
in cases of death sentences.
e. Emergency Powers
• Reports to the President if the State government is not running constitutionally and
recommends the President's Rule (Article 356). When the President's Rule is in
progress, he becomes the ' Agent of the Union Government in the State'. He takes over
the reigns of administration directly into his own hands and runs the State with the
aid of the Civil Servants.
f. Other Powers

39
• Receives & tables the report of State Auditor General.
• Tables the report of State Public Service Commission.
• Acts as Chancellor of State Universities & appoints Vice-chancellor.
• Can appoint any members as Chief Minister if no party has clear-cut majority.
• Can refuse to sign an ordinary bill passed by State Legislature.
NOTE: Sarkaria Commission suggested that CM should be consulted while appointing
the governor; only unquestionable person be there; Active politician shouldn't be
appointed; removal should be difficult; No need to remove the post of governor
CHIEF MINISTER
• Real executive head of the Govt. at the State level.
• The position of Chief Minister at the State level is analogous to the position of the
Prime Minister at the Centre.
• Appointed by Governor. Other Ministers are appointed by the Governor on the advice
of the Chief Minister.
• The Chief Minister is the chief link between the Governor and the Council of Ministers.
It is he who keeps the Governor informed of all decisions of the Council of Ministers.
• If CM resigns, entire ministry resigns.
• Generally, the leader to the majority party is appointed.
• A person who is not a member of State Legislature can be appointed, but he has to
get himself elected within 6 months, otherwise he is removed.
STATE LEGISLATURE
• Can Be
 UNICAMERAL (One House)
 BICAMERAL (Two House)
• Bicameral Status;
5 States:
 Bihar - 75
 J&K - 36
 Karnataka - 75
 Maharashtra - 78
 UP - 104
 Andhra Pradesh - 90
• Legislative Council can be created or abolished on the recommendation of Legislative
Assembly.
• Legislative Council (Vidhan Parishad)
• Also known as Upper House. Like Rajya Sabha, it is also a permanent house (sort of)
and cannot be dissolved.
Strength
• The total strength cannot exceed 1/3rd of the strength of Legislative Assembly, subject
to a minimum of 40 members. The strength varies as per the population of State.
Creation and Abolition
• As per Article 169, if the Legislative Assembly passes a resolution for abolishing or
creating of the Legislative Council by a majority of the total membership of the
assembly and by a majority of not less than two third of the members present and
voting, the parliament may approve the resolution by a simple majority.
• A resolution passed by the Legislative Assembly for the creation or abolition of its
Council is not binding on the Parliament. The Parliament may or may not approve
such a situation.
Tenure
• 6 yrs term with 1/3rd members retiring every two years.
Qualification
• Same as that of Lok Sabha, except the age which is 30 yrs.
Election
• One third of the members are elected by local bodies, one-third by legislative
assembly, one-twelfth by university graduates of atlest 3 yrs standing, similar
proportion by teachers (not less than secondary school) of atleast 3 yrs standing &
one-sixth nominated by the Governor from among those persons who distinguish
themselves in literature, science or social service.
Chairman

40
• The Councial elects a Chairman & a Vice-chairman from amongst its members.
Legislative Assembly (Vidhan Sabha)
• Also known as Lower House, just like the Lok Sabha.
• Consists of directly elected representatives.
• Has a term of 5 yrs but can be dissolved by the Governor earlier. Term can be extended
by one year during national emergency.
• The Council of ministers is collectively responsible to the Assembly. The Chief Minister
is the leader of the house.
Strength
• Consists of not more than 500 members & not less than 60 members. The strength
varies according to the population of the State concerned. However, the Legislative
Assembly of Sikkim, Goa, Mizoram, Arunachal Pradesh and Pondicherry have less
than 60 members.
Qualification
• Same as that of Lok Sabha or Legislative Council except that the minimum age is 25
yrs.
Speaker/Deputy Speaker
• Every Legislative Assembly chooses its two members to be the Speaker and Deputy
Speaker.
• Their functioning, resignation, removal procedures are exactly the same as the
Speaker/Deputy Speakers of the Lok Sabha.
• Legislative Procedure
• With reference to Money Bill, the position is the same at Union and State levels: the
Bill can be introduced only in the Assembly; the will of the Assembly prevails; and the
Assembly is not bound to accept any recommendation by the Council which may at
the most withhold the Bill for 14 days from the date of its receipt.
• In case of Ordinary Bill, the only power of the Council is to interpose some delay in
the passage of the Bill for a period of three months at the most. Ultimately the will of
the Assembly prevails and when the Bill comes to the Council a second time the
Council can delay it for not more than a month. There is no provision of joint sitting
for solving differences between the two Houses. In the case of a Bill originating in the
Council, the Assembly has the power of rejecting and putting an end to it forthwith.
POWERS OF STATE LEGISLATURE
• Can legislate on subjects contained in the State List as well as Concurrent List.
• Exercise Control over State expenses.
• Exercise control over State Council of Ministers (can even remove it by passing the
no-confidence motion).
• Participates in the election of the President.
• Has a share in the Amendment of Constitution as some provisions can be amended
after ratification by the legislatures of half of the States.
HIGH COURT
• Each State has a High Court; it is the highest judicial organ of the State.
• However, there can be a common High Court like Punjab, Haryana & Union Territory
of Chandigarh.
• Presently there are 21 High Courts in India.
• Consists of Chief Justice & other such judges as appointed by the President.
• The Constitution, unlike in the case of the Supreme Court, does not fix any maximum
number of judges for a High Court.
• A judge of a High Court can be transferred to another High Court without his consent
by the President. In this, the Chief Justice of India is also consulted. The opinion
provided by him shall have primacy and is binding on the President.
Appointment of Judges
• The appointment of Chief Justice is made after consultation with the Chief Justice of
Supreme Court & the Governor of the State by the President. In case of appointment
of a Judge, the Chief Justice of the High Court concerned is also consulted in addition
to Chief Justice of Supreme Court & Governor of the State concerned.
• On Oct 6, 1993, the Constitution bench of Supreme Court held that the opinion of
Chief Justice (of the concerned High Court & the Supreme Court) will be given priority
in both the appointment as well as transfer of senior judges.

41
Qualifications
• Must be a citizen of India.
• Should have been an advocate of a High Court or of two such Courts in succession
for atleast 10 yrs; or should have held judicial office in India for a period of atleast 10
yrs.
Term
• A judge of High Court continues his office till 62 yrs of age. Term can be cut short due
to resignation or removal by the President.
Removal
• The President can remove a judge of High Court only if the Parliament passes the
resolution by a 2/3 majority of its members present & voting in each house.
• The conduct of the judges of the High Court cannot be discussed in Parliament, except
on a motion for the removal of a judge.
• Restriction on Legal Practice
• The judge of a High Court is not allowed to practice law before the authority of the
same court except the Supreme Court & any other High Court.
Jurisdiction of High Court
a. Court of record & has power to punish for its contempt. '
b. Under Article 226, the High Courts are given powers of issuing writs for the
enforcement of Fundamental rights and for other purposes. The jurisdiction to issue
writs under this Article is larger for High Courts as compared to the Supreme Court
because whereas the Supreme Court can issue them only where a Fundamental Right
has been infringed, a High Court can issue them not only in such cases but also where
an ordinary legal right has been infringed.
c. Supervises the working of all subordinate courts & frames rules & regulations for the
transaction of business. It can examine the records of subordinate courts.
SPECIAL STATUS OF JAMMU & KASHMIR
• The special status of this state is guaranteed in Article 370. This status has been
provided on the basis of an agreement concluded at the time of Jammu and Kashmir's
accession to the Indian Union.
• The following are some of the special features of the special relationship between the
Union of India and J &K.
1. J&K has its own constitution, apart from the Indian Constitution. Its
constitution was framed by a Constituent Assembly of its own and came into
being on the 26th January, 1957.
2. The Parliament cannot make law with regard to J&K on subjects in the State
List.
3. The residuary powers lie with the legislatures of J&K and not with the
Parliament.
4. If follows dual citizenship. Only the citizens of J&K can take part in the
elections to the State Assembly and acquire, own and dispose of immovable
property in J&K.
5. Only National Emergency proclaimed on grounds of war and external
aggression shall have automatic extension to J&K. National Emergency
proclaimed on the basis of armed rebellion shall not be automatically extended
to J&K.
6. Apart from the President's Rule, the Governor's Rule can also be imposed for
a maximum period of six months, in case of constitutional breakdown in the
State.
7. The Parliament cannot change the name, boundary or territory of J&K, without
the concurrence of State legislature.
8. The State Government shall be consulted by the Centre before appointing a
person as the Governor of J&K.
9. No preventive detention law made by the Parliament can have automatic
extension to J&K.
10. The Union has no power to proclaim a Financial Emergency to J&K.
• UNION TERRITORIES
• Refers to areas directly administered by the Central Govt.
• They are administered by the President through an administrator appointed by him
with a suitable designation.

42
• In Delhi, Daman-Diu, Dadar and Nagar Haveli and Puducherry- Lt. Governor.
• Andman & Nicobar and Chandigarh- Chief Commissioner
• Lakshadweep-Administrator
• There are Legislative assemblies and council of ministers in Puducherry & Delhi.
• Total no. is 6 +1 at present- Andman & Nicobar Island, Chandigarh, Dadra & Nagar
Haveli, Delhi (Natioanl Capital Territory), Daman&Diu, Lakshadweep & Puducherry.
• According to the 69th Amendment Act, 1991, Union Territory of Delhi shall be called
the National Capital Territory and it shall have a Legislative Assembly to which
members shall be directly chosen by the people. The Assembly shall make laws on the
matters enumerated in State List (except on matters relating to public order, Police,
Land).
UNION PUBLIC SERVICE COMMISSION (UPSC)
• Composition is determined by the President.
• The members of the UPSC are appointed for a term of 6 yrs, or till they attain 65 yrs
of age.
• Can resign earlier to the President.
• President can remove them by issuing orders only if the SC makes such a
recommendation on the basis of an inquiry.
• Members of the UPSC are not eligible for employment by the govt. after retirement.
• Function :-
a. To conduct exams for appointment to services under the Union.
b. Advise the President (not obligatory on him) in matters relating to
appointments, promotions & transfers from one service to another of civil
servants.
c. All disciplinary matters affecting a person in the service of Union.
d. Matters regarding award of pension & awards in respect to injuries sustained
during service under the govt.
e. Maintains continuity of administration.
UNION-STATE RELATIONS
A. LEGISLATIVE RELATIONS
• The Constitution divides the subject into the-
 Union List (97 subjects)
 State list (62 Subjects)
 Concurrent List ( 52 subjects)
• Parliament has exclusive power on Union list (contains subjects like defence foreign
affairs, currency, communication, citizenship, inter-state trade & commerce, banking,
atomic energy, posts and telegraphs, etc).
• The State List contains subjects on which ordinarily the States alone can make laws.
These include public order, police, administration of justice, prisons, local
government, agriculture, public health and sanitation, irrigation, etc but under
certain conditions the Constitution authorizes the Central Government to extend its
jurisdiction over matters formally included in the State List. In fact, when a
proclamation of emergency is in operation Parliament can legislate on matters
enumerated in all the three lists.
• Both Parliament & State Legislature can legislate on subjects contained in the
concurrent list. (Contains subjects like criminal and civil law, forest, education,
marriage & divorce, drugs, trade unions, labour welfare, newspapers, books &
printing press, population control and family planning etc).
• Residual powers (i.e. subjects not included in any of the lists) rest with union govt.
• Article 200 directs the Governor to reserve a Bill passed by the State Legislature for
the consideration of the President, if in his opinion, if passed into law; would derogate
the powers of the High Court.
B. ADMINISTRATIVE RELATIONS
• The Indian Constitution has a strong bias towards the Centre to make it strong. The
Central administration prevails over the State administration.
• The executive powers of the State should be so exercised as to ensure compliance with
the laws of the Union Parliament and not impede or prejudice the executive power of
the Union.

43
• If the state does not comply with the directives of the Centre, the latter may invoke
Art. 356 and take over the administration of the State to itself.
C. FINANCIAL RELATIONS
• States are greatly dependent on the Centre. Constitution provides inadequate sources
of revenue of States. Therefore, they have to depend on the Centre for subsidies &
contributions. Union exercises control through Comptroller and Auditor General of
India, who audits State accounts.
• Appointment of Finance Commission by President every 5 years also adds to it.
SCHEME OF DISTRIBTION OF REVENUE
• Article 268 provides the scheme of the distribution of revenue between the Union and
the States. The States possess exclusive jurisdiction over taxes enumerated in the
State list. The Union is entitled to the proceeds of the taxes in the Union List. The
Concurrent List includes no taxes.
• The Constitution mentions four categories of Union taxes which are wholly or partially
assigned to the States:
a. Duties levied by the Union but collected and appropriated by the States: stamp
duties and duties of excise on medicinal and toilet preparations mentioned in
the Union List.
b. Taxes levied and collected by the union but assigned to the States: duties in
respect of succession to property other than agricultural land, estate duty in
respect of property other than agricultural land, terminal taxes of goods or
passengers carried by railways, sea or air, taxes on railway fares and freights,
taxes on stock exchange other than the stamp duties, taxes on inter-state
consignment of goods, and taxes on the sale or purchase of the newspapers
and on advertisements therein.
c. Taxes levied and collected by the Union and may be distributed between the
Union and the States; Customs and Excise duties other than those on
medicinal and toilet preparation as are mentioned in the Union list.
• Apart from these the Centre also has powers to grant loans and provide Grants-in-aid
(Article 275) to the States, especially for the purposes for promoting the welfare of the
Scheduled Tribes and raising the levels of administration of the Scheduled Areas. This
is in fact, the most important source of income for the States.
COMPTROLLER & AUDITOR GENERAL OF INDIA (CAG)
• Appointed by the President.
• A person with long administrative experience & knowledge of accounts is appointed.
• Holds office for 6 yrs or till 65 yrs of age.
• The President can remove him only on the recommendation of the 2 houses of
Parliament (as in case of judge of Supreme Court.)
• He is the guardian of the public purse. His duties are to audit the accounts of the
Union and the States and to ensure that nothing is spent out of the Consolidated
Fund of India or of the States without the sanction of the Parliament or the respective
State Legislatures.
• He submits and audit report of the Union to the President who shall lay it before the
Parliament and the audit reports of the States to the respective Governors who shall
lay it before the respective State Legislatures.
• In short the CAG acts as the custodian & trustee of public money.
ATTORNEY-GENERAL OF INDIA
• Highest legal officer of the Union Govt.
• Appointed by the President.
• The person should be qualified to be appointed a judge of the SC.
• He is entitled to audience in all courts of the country & can take part in the
proceedings of the Parliament & its committees. However, he is not given the right to
vote.
• He is also allowed to take up private practice provided the other party is not the State.
Because of this, he is not paid salary but a retainer to be determined by the President.
• In England, the Attorney General is a member of the Cabinet, but in India he is not.
It is a political appointment and therefore, whenever there is a change in the party in
power, the Attorney General resigns from Attorney General is assisted by two
Solicitors-General and four Additional Solicitors-General.

44
• The Attorney General gets a retainer equivalent to the salary of a judge of the Supreme
Court.

Functions
• Gives advice on all such legal matters which may be referred or assigned to him by
the President.
• Appears before the Supreme Court and various High Court in cases involving the Govt.
of India.
• [Every state shall have an Advocate-General to advice the govt. on legal matters-Article
165.]
SARKARIA COMMISSION
• After demands of greater autonomy to States. Appointed in June, 83 under Justice
Sarkaria. The Commission submitted its report on Oct 27, 1987
• Recommended a process of consultation by the Centre on all concurrent subjects,
important recommendations being:
a. Formation of inter-govt. council consisting of Prime Minister & Chief Ministers
b. Sparing use of Article 356 regarding President's Rule.
c. Regarding Governor (Previously discussed).
d. The judges of High Courts shouldn't be transferred with out their consent.
e. 3 language formula should be implemented.
f. Central control over radio & TV should be relaxed.
g. Favoured amendments for sharing more taxes by centre with states.
h. Favoured sharing of Corporation Tax between the Centre and the States.
i. Strongly favoured inter-State Councils as mentioned in Article- 263. Their
names should be changed to Inter-Government Councils', so as to exclude
political issues.
j. The award of the Inter- State River Water Tribunal should be made binding,
automatically three months after the award has been given and not after the
notification by the Centre.
k. Favoured retention of National Development Council & suggested activation of
Zonal Council.
l. Found present working of Finance Commission & Planning Commission
satisfactory.
m. Terms of Finance Commission should be consulted with State also.
ZONAL COUNCILS
• Set up under State Reorganization Act, 1956.
1. Northem Zone: Consist of Punjab, Rajasthan, Haryana, J&K, Uttaranchal,
Himachal Pradesh, Chandigarh & National Capital Territory of Delhi.
2. Central Zone: UP, Chhatisgarh and MP.
3. Eastern Zone: Bihar, Jharkhand, West Bengal, Orissa and Sikkim.
4. Western Zone: Maharashtra, Goa, Gujarat and UTs of Dadar and Nagar Haveli
and Daman Diu.
5. Southern Zone: Andhra Pradesh, Tamil Nadu, Karnataka, Kerala and UT of
Pondicherry
6. North Eastern Council: It was created in 1972 for Assam, Manipur, Tripura,
Meghalaya, Nagaland, Mizoram & Arunachal Pradesh. In 1994, Sikkim was
included in it making its strength as eight.
• The objective is to promote collective approach and for sorting out common problems
of the member states and also for solving inter-state disputes.
• Each Council consists of a Chief Minister and two other ministers of each of the States
in the zone and the 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.
•
• ELECTION COMMISSION(324)
• Consists of Chief Election Commissioner + 2 Election commissioners. They all enjoy
equal powers.
• The constitution provides for an independent election commissioner to ensure free
and fair election to the Parliament,the state legislature and the offices of President
and Vice-President.

45
• The Chief Election Commissioner is appointed by the President and the other Election
Commissioners are appointed by the President after consultation with the Chief
Election commissioner. Article 324 also provides for the appointment of Regional
Commissioners at the time of general Elections after consultation with the Election
Commission.
• Election Commissioners are appointed for a term of 5 yrs.
• They are not eligible for re-appointed. Also, they cannot hold any office of profit after
their retirement.
• Article-324 says that there is no upper limit on the no. of Election Commissioners. In
1990, Dinesh Goswami Committee recommended that the Election Commission be a
3-membered body. Also, at its constitution Chief Justice & leader of the opposition
ought to be consulted. (Thus Art.-324 was amended).
• The Chief Election Commissioner can be removed from office before expiry of his term
by the President on the basis of a resolution passed by the parliament by a special
majority on the ground of proven misbehavior or incapacity (same as that of Judge of
Supreme Court). The other Election Commissioners may be removed by the President
on the recommendation of the Chief Election Commissioner.
Functions
a. preparation of electoral rolls & keep voters list updated. The electoral roll is
normally revised every year to add the names of those who have turned 18 on
the 1st January of that year or have moved into a constituency and to remove
the names of those who have died or moved out of a constituency.
b. Preparation of code of conduct for all political parnties.
c. Recognition of various political parties & allotment of election symbols.
d. Appointment of election officers to look into disputes concerning election
arrangements.
e. To examine the returns of election expenses filed by the candidate.
POLTICAL PARTIES
• To be recognized as a National Party, a party needs to secure atleast six percent of the
valid votes polled in any four or more states in a general election to the Lok Sabha or
State Assembly. In addition to it, it has to win atleast four seats in the Lok Sabha from
any State or States as well.
• As an alternative, a party can also secure the status of a national party if it secures
atleast two percent seats in the Lok Sabha subject to the conditions that these
members are elected from atleast three separate states.
• For getting recognition as a State Party, a political party has to poll at least six percent
of the valid votes in the State during a general election, either to that of the Lok Sabha
or the State Assembly. Apart from this, the party should also win minimum two seats
in the Assembly of the State concerned.
• As an alternate, a political party has to obtain atleast three percent of the total number
of seats in the Legislative Assembly of the State, or minimum three seats in the
Assembly, whichever is more.
• In case a political party loses recognition as national or state party, it will not lose its
allotted symbol with immediate effect. They will be given a period of six years to elevate
their status and in that period, they are free to use their symbols in the elections.
Deposits and Nominations
• Every candidate has to make a deposit of Rs. 10,000/- for the Lok Sabha election and
Rs. 5,000/- for the Rajya Sabha elections, except for the Scheduled Castes and
Scheduled Tribes who pay half of these amounts.
• The deposit is returned if the candidate receives more than one-sixth of the total
number of valid votes polled in the constituency.
Nominations must be supported at least by one registered elector of the constituency, in the
case of candidate sponsored by a registered party and by ten registered electors from the
constituency in the case of other candidates.
ANTI-DEFECTION LAW
• To curb political defection, added by 52 nd amendment in 1985.
• Any member or Parliament belonging to any political party can be disqualified.

46
 a. If he voluntarily gives up the membership of that political party.
b. If he votes or abstains from voting according to the party 'whip'.
• Any independent member can be disqualified if he joins any political party after
election.
• Any nominated member can be disqualified if he joins any political party after the
expiry of 6 month from the date of his joining.
• This law shall not apply;
a. To a situation of 'merger' in which atleast 2/3 members of any party are
involved.
b. To a person who resigns membership of his party after becoming the Presiding
officer of the house & he rejoins the party after laying down that office.
• Recently, the Supreme Court in a significant ruling, held that a member of Parliament
or a State Legislature can be disqualified for defying a whip only on two counts, that
is voting on a motion of confidence or no confidence and when the matter relates to
the programme and policies
•
FINANCE COMMISSION
• The Finance Commission is constituted by the President of India every fifth year or at
such an early time as he considers necessary.
• It consists of a Chairman & 4 other members. They are eligible for re-appointment.
• The Chairman is selected from persons who have had experience in public affairs,
while the members are selected from the persons who:
a. Qualified to be appointed judges of High Court.
b. Have special knowledge of the finance & accounts of govt.
c. Wide experience in financial matter & in administration.
d. Have special knowledge of Economics.
• Presently 13th Finance Commission is working. (Vijay L. Kelkar- Chairman).
Functions
a. To recommend to the President distribution of net proceeds of the taxes which
are divisible between Union and states.
b. To recommend the principles which should govern the Grants of the revenues
of the State out of the Consolidated Fund of India.
c. The recommendations made by it are only of advisory nature and hence, not
binding on the Government.
PANCHAYATI RAJ
• Ensures the direct participation of people at the grass root level.
• In 1956, the National Development Council appointed a committee under Balwant Rai
Mehta, which submitted its report in 1957 in which it recommended:
 A 3-tier structure consisting of Zila Parishad at the District Level, Panchayat
Samiti at the Block Level and Gram Panchayat at the Village Level.
 Genuine transfer of power & responsibility to these institutions.
 Adequate resources to them.
 All social & economic development programmes channelized through these.
• The 3-tier system of Panchayat Raj was 1st adopted by Rajasthan (Nagaur District) on
Oct 2, 1959. This was followed by Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh,
Maharashtra, Punjab, Tamil Nadu, UP & West Bangal.
THREE TIER SYSTEM
• It envisages Panchayat at the village level, Panchayat Samitis at the block level & Zila
Parishad at the district level.
a. Village Panchayat
• Consists of elected representatives of the people.
• Membership varies from 5-31.
• Seats reserved for SC, ST, women, etc.
• Chairman is elected from among its members, known as 'sarpanch'.
• The Panchayat is accountable for all its actions to the Gram Sabha, the general body
of villagers.
• Gram Sabha consists of all the adults residing within the jurisdiction of the
Panchayat.

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• It exercises general supervison over the working of the Panchayat & lays down
necessary guidelines for its working.
b. Block & Panchayat Samiti
• The block, consisting of 20-60 villagers is administered through a Panchayat Samiti,
consisting of indirectly elected members of village panchayat.
• The chairman of Panchayat Samiti is called 'Pradhan'.
c. Zila Parishad
• It is the top level of the 3-tier structure.
• Elect its chairman from amongst its members who is known as the District Collector.
ASHOK MEHTA COMMITTEE
• Appointed in Dec, 1977 by the Janta Govt.
• Submitted its report in 1978, which said:-
a. Replacement of 3-tier system by 2-tier system consisting of Mandal
Panchayats at the base (consisting of a group of villages comprising a
population of 15,000 to 20,000) & the Zila Parishad at the top.
b. to reduce the dependence of Panchayati Raj Institutions on State Govt. by
giving them powers to collect certain taxes like profession tax, entertainment
tax, etc in their areas.
c. Suggested the setting up of Social Justice Committee in each Zila Parishad to
protect the interests of vulnerable sections of society.
d. Favoured the open participation of political parties in the working of
Panchayati Raj Institutions.
• In Dec, 1992 73rd constitutional amendment was passed to decentralize the power,
down to village level. It said (envisaged):
a. Panchayati Raj institutions to be constituted through direct elections, with
reservation as well.
b. Fixed term of 5 yrs, & if dissolved earlier, elections must be held within 6
months.
c. They are authorized to make laws concerning economic & social development
of villages. These have been listed in the eleventh schedule & comprise 29
subjects.
CONSTITUTIONAL AMENDMENTS
METHODS OF AMENDMENTS IN CONSTITUTION
3 Methods:
1. Method of Simple majority
• Applies to matters related to Citizenship, abolishing or creating second
chambers in the states, provisions relating to Scheduled Castes and
Scheduled Tribes, etc.
2.Amendment by Special Majority i.e. majority of ‘ total members of each
House’ and by a majority of at least 2/3 rd ‘present and voting’.All
amendments, other than those referred to above, come within this category
e.g. powers of Election Commission.
3.Amendment by Special Majority and Ratification by States--- In this,
the following conditions should be fulfilled:
a. Both the houses must pass the proposal by a majority of the total
membership.
b. By a 2/3 majority of the members present.

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 c. After this, the amendment bill must also be ratified by not less
than half of state legislatures.
• Applies to matters related to election of President and Vice-President,
executive powers of union and states, subjects related to the division of
legislative powers between Centre and State, matters relating to
Supreme Court and High Court, representation of State in Parliament,
amendment of article 368 itself, etc.
• Are Fundamental Rights Amendable ?
• (1) Golak Nath v State of Punjab —In this case, the Supreme Court by
a majority of 6 to 5 held that Parliament cannot amend the
Fundamental Rights.
• (2)Keshavanand Bharti v State of Kerala(AIR 1973 SC 1461 ):In this
case it was held that the Parliament has wide powers of amending the
Constitution and it extends to all the Articles, but amending power is
not unlimited and does not include power to destroy or abrogate the ‘
basic feature’ or ‘framework’ of Constitution.They are implied or
inherent limitations on the power of amendment under Art.368.

1 First Amendment 1951: 20 Forty fourth Amendment 1978:

2 Seventh Amendment 1956: 21 Forty fifth Amendment 1985:
3 Eighth Amendment 1959: 22 Fifty second Amendment 1985:
4 The Ninth Amendment 1960: 23 Fifty third Amendment 1986:
5 The Tenth Amendment 1961: 24 Fifty fifth Amendment 1986:
6 Twelfth Amendment 1962: 25 Fifty Sixth Amendment 1987:
7 Thirteenth Amendment 1962: 26 Sixty first Amendment 1989:
8 Fourteenth Amendment 1963: 27 Sixty first Amendment 1989:
9 Eighteenth Amendment 1966: 28 Seventy first Amendment 1992:
10 Twenty first Amendment 1967: 29 Seventy third Amendment 1993:
11 Twenty Second Amendment 1969: 30 Seventy fourth Amendment 1993:
12 Twenty third Amendment 1969" 31 Eighty second Amendment2000:
13 Twenty Sixth Amendment 1971: 32 Eighty fourth Amendment 2001:
14 Twenty seventh Amendment 1971: 33 Eighty sixth Amendment 2002:
15 Thirty first Amendment 1973: 34 Eighty seventh Amendment 2003:
16 Thirty sixth Amendment 1975: 35 Ninety first Amendment 2003:
17 Thirty eighth Amendment 1975: 36 Ninety second Amendment 2003:
18 Thirty ninth Amendment 1975: 37 Ninety third Amendment 2005:
19 Forty second Amendment 1976:

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BORROWED FEATURES OF THE CONSTITUTION
• Nearly 75 percent of the Constitution can be said to be a reproduction of the
Government of India Act, 1935 with suitable adaptations and modifications. The basic
structure of the polity and provisions regulating Union-State relations, declaration of
emergency etc. were largely based on the 1935 Act.
• Besides the indigenous sources, the Constituent Assembly had before it several
models of foreign Constitutions.
From U.K.
1. Nominal Head- President (like Queen)
2. Cabinet System of ministers
3. Post of the PM
4. Parliamentary form of Government
5. Bicameral Parliament
6. Lower House more powerful
7. Council of Ministers responsible to Lower House
8. Speaker in the Lok Sabha
9. Single citizenship
From U.S.
1. Written Constitution
2. Executive head of state known as President and his being the Supreme
Commander of the Armed Forces
3. Vice-President as the ex-officio Chairman of Rajya Sabha
4. Fundamental Rights
5. Supreme Court
6. Provision of States
7. Independence of Judiciary and judicial review
8. Preamble
9. Removal of Supreme Court and High Court judges.
From erstwhile USSR
1. Fundamental Duties
2. Five year planning
From AUSTRALIA
1. Concurrent list
2. Language of the preamble
3. Provision regarding trade, commerce and intercourse
From JAPAN
1. Law on which the Supreme Court function.
From WEIMAR CONSTITUTION OF GERMANY
1. Suspension of Fundamental Rights during the emergency
FROM SOUTH AFRICA
Procedure of Constitutional Amendments
From CANADA
1. Scheme of federation with a strong centre.
2. Distribution of powers between Centre and the States and placing Residuary
Powers with the Centre
From IRELAND
1. Concept of directive Principles of State Policy. (Ireland borrowed it from SPAIN).
2. Method of election of the President
3. Nomination of members in the Rajya Sabha by the President

SCHEDULES IN CONSTITUTION
First Schedule • List of States & Union Territories.
Second • Salary of President, Governors, Chief Judges, Judges of High
Schedule Court and Supreme Court, Comptroller and Auditor General.
Third Schedule • Forms of Oaths & affirmations
Fourth • Allocate seats for each State of India in Rajya Sabha
Schedule
Fifth Schedule • Administration and control of Scheduled Areas and Tribes.
Sixth Schedule • Provisions for administration of Tribal Area in Assam, Meghalaya,
Tripura, Mizoram & Arunachal Pradesh.

50
 Seventh • Gives allocation of power & functions between Union & States.
Schedule Contains 3 lists:
1. Union list (for Central Govt.): 97 subjects
2. States list (Powers of State Govt.); 66 subjects
3. Concurrent list (Both Union & States):47 subjects
Eight Schedule • List of 22 languages of India recognized by constitution.
1 Assame 7 Bengali 13 Gujar 1 Hindi
se ati 9
2 Kannad 8 Kashmi 14 Konka 2 Malayal
a r ni 0 am
3 Manipu 9 Marath 15 Nepoli 2 Oriya
ri i 1
4 Pubjabi 10 Sanskr 16 Sindh 2 Tamil
it i 2
5 Telegu 11 Urdu 17 Santh
ali
6 Maithili 12 Dogri 18 Bodo
▪ (Sindhi was added in 1967 by 21st amendment)
▪ (Konkani, Manipuri and Nepali were added in 1922 by 71 st
amendment)
▪ (Santhali, Maithli, Bodo and Dogri were added in 2003 by
92nd amendment)
Ninth • Added by 1st amendment in 1951. Contains acts & orders related
Schedule to land tenure, land tax, railways, industries.
Tenth • Added by 52nd amendment in 1985. Contains provisions of
Schedule disqualification of grounds of defection.
Eleventh • By 73rd amendment in 1992. Contains provisions of Panchayati
Schedule Raj
Twelfth • By 74th amendment in 1992. Contains provisions of Municipal
Schedule Corporation.
RIGHT TO INFORMATION ACT
• On Oct 12, 2005 Right to Information was made a constitutional Act with the hope of
an era of better, more transparent, accountable and responsive governance. It marks
a significant shift for Indian democracy with greater access to citizens to information
and the greater responsiveness of the government to the society.
• Right to Information is a corollary of the Fundamental Right of Freedom of Speech
and Expression, Art 19 (a).
• A strong and independent Information Commission has been set up at the centre on
the pattern of Central Vigilance Commission.
• The Central Information Commission shall consist of one Chief Information
Commissioner (CIC) and not more than ten Central Information Commissioners. They
shall be appointed by the President on the recommendation of a Committee consisting
of the PM, the leader of opposition in Lok Sabha and a Union Cabinet Minister to he
nominated by the PM.
• The CIC and other Information Commissioners shall hold office far a term of 5 years
or till they attain the age of 65 years, whichever is earlier. They shall not be eligible
for reappointment.
• The Central Information Commission can fine an official Rs. 250 per day, with a
maximum of Rs. 25,000, if information is delayed beyond stipulated 30 days.

 FUNDAMENTAL DUTIES
 Added by 42nd amendment in 1976 on the basis of Swarn Singh Committee report.
 There are 11 Fundamental Duties which are contained in Article 51A
 It shall be the duty of every citizen of India:

1. To abide the Constitution and respect its ideals and institutions, 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;

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 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 national environment including
forests,lakes,rivers,and wild life and to have compassion for living creaturers;
8. To develop 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 the higher levels of endeavour and
achievement.
11. It shall be duty of every of every citizen of India who is a parent or guardian to
provide opportunities for education to his child or as the case may be ward
between the age of 6 and 14 years. (Added by 86 th Amendment, 2002).
• The addition of Fundamental Duties along with the exceptions to the Fundamental
Rights limits the operation and the free enjoyment of Fundamental Rights.

Enforcement of Duties—The duties incorporated in the Constitution by 42nd

Amendment are statutory duties and shall be enforceable by law.Parliament, by law,
will provide penalties to be imposed for failure to fulfill those duties and obligations.A
court in determining the constitutional validity of any law seeking to give effect to
duties, may consider law to be ‘ reasonable’ in relation to Art.14 or 19.

PARTS OF THE CONSTITUTION

Part-I (Art. 1-4)
• Deals with territory of India formation of new States, alterations, names of existing
States
Part-II (Art. 5-11)
• Deals with various rights of citizenship.
Part-III (Art. 12-35)
• Deals with fundamental rights of Indian citizens.
• (Article 31- dealing with the right to property was deleted by 44 th amendment).
Part-IV (Art. 36-51)
• Deals with Directive Principles of State Policy.
Part-IVA (Art. 51A)
• Added by 42nd amendment in 1976. Contains the duties of the citizens.
Part-V (Art. 52-151)
• Deals with govt. at the Union level. (Duties & function of PM, Ministers, President,
Attorney General, Parliament- Lok Sabha & Rajya Sabha, Comptroller & Auditor,
General).
Part-VI (Art. 152-237)
• Deals with Govt. at State level.
• (Art-152 exempts J&K from the category of ordinary states).
• Duties & Functions of Chief Minister & his ministers, Governor, State legislature, High
Court, Advocate General of the State).
Part-VII (Art. 238)
• Deals with States, was replaced in 1956 by the 7 th Amendment.
Part-VIII (Art. 239-241)
• Deals with Union Territories.
Part –IX
• Consists of 2 Parts:
1. Added by 73rd amendment in 1992. Contains a new schedule 'SCHEDULE
ELEVEN'. It contains 29 subjects related to Panchayati Raj. (They have been given
administrative powers).
2. Added by 74th amendment in 1992. Contains a new schedule 'SCHEDULE
TWELVE'. It contains 18 subjects related to Municipalities. (They have been given
administrative powers).
Part –X (Art. 224- 244A)
• Deals with Scheduled & Tribal Areas.
PartXI (Art. 245-263)

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• Deals with relation between Union & States.
Part-XII (Art. 264- 300A)
• Deals with distribution of revenue between Union & States appointment of Finance
Commission (Article 280), contracts, liabilities etc.
Part-XIII (Art. 301- 307)
• Relates to trade, commerce & intercourse within the Territory of India.
Part – XIV –A (Art. 323A, 323B)
• Added by 42nd amendment in 1976. Deals with administrative tribunals set up by
Parliament to hear disputes & complaints regarding Union, States or local govt.
employees.
Part-XV (Art. 324- 329)
• Deals with elections (Also Election Commission).
Part – XVI (Art. 330- 342)
• Deals with special provisions for Scheduled Castes & Scheduled Tribes & Anglo Indian
Representation.
Part- XVII (Art. 343- 351)
• Relates to official language.
Part – XVIII (Art. 352- 360)
• Deals with emergency provisions.
Part- XIX (Art. 361-367)
• Exemption of criminal proceedings for their official acts of President & governors.
Part- XX (Art. 368)
• Deals with Amendment of Constitution.
Part- XXI (Art. 369- 392)
• (Art- 369 gives temporary powers to the Parliament to make laws for State list).
• (Art- 370 contains temporary provisions of J&K Restricts the parliament to make laws
for that state).
• (Art- 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H & 371-1 relates to special
provisions for Maharashtra, Nagaland, Assam, Manipur, Andhra, Sikkim, Mizoram,
Arunachal & Goa).
Part – XXII (Art. 393- 395)
• Concerns the short title, commencement and repeal of the Constitution.

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