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ENGLISH MEDIUM
• Federal scheme
• Office of Governor
• Judiciary
• Public service commission
• Emergency provisions
• Administrative details
Ideals are the means to achieve goals. Following are A Democratic polity is based on the principle that the
the ideals of the Preamble: possession of supreme power is vested with the
people.
1. Sovereignty
Democracy
It means supreme political power of the state which is
unlimited and uncontrolled. India is neither a It is the government of the people, for the people and
dependency nor a dominion of any other nation and it by the people. It is a political democracy, i.c.
is free to conduct its own affairs (both internal and democratic government based on one-man-one vote
external), type of universal adult franchise (Article 326).
The ownership control of resources is with the society This implies equal opportunity to men and women
and Indian socialism is 'democratic socialism and not a irrespective of their caste.
communistic socialism'. As the Supreme Court says,
Economic Democracy
'Democratic socialism aims to end poverty, ignorance,
disease and inequality of opportunity. Indian This implies equitable distribution of resources.
socialising is a blend of Marxism and Gandhism, leaning
heavily towards Gandhian socialism'. 5. Republic
The socialist goals are found in the Directive Principles In a Republic, the Head of the State is elected by the
and State Policy of the constitution. (a) Article 39B state directly or indirectly. It is not based on heredity.
A Republic also means two more things:
The government shall take steps to provide equitable
distribution of resources. • First, vesting of political sovereignty in the people
and not in a single individual like a king:
(b) Article 39C : Prevention of concentration of wealth • Second, the absence of any privileged class and
to common deterrents (in few hands). hence all public offices being opened to every
citizen without any discrimination.
3. Secularism
6. Justice
Indian secularism is based on Salary Dharma Sambhav',
The term "justice in the Preamble embraces three
i.e. all religions are equal. The Indian Constitution
distinct forms - social, economic and political – secured
embodies the positive concept of secularism, i.e. all
through various provisions of Fundamental Rights and
religions in our country (irrespective of their strength)
Directive Principles.
have the same status and support from the state and
accordingly Articles 25 to 28 (guaranteeing the Social Justice
fundamental right to freedom of religion) have been
included in the constitution
This implies that there is no discrimination of the Article 1
citizens on the basis of artificial classification like
untouchability, abolition of titles, etc. Name and territory of the Union
7. Liberty Article 3
It means opportunities for the development of the 1. form a new state by separation of a territory
individual without any restraints on his or her activity. from any state or by uniting two or more states
For example, or parts of state or by uniting any territory to a
part of any state;
(1) Freedom of thought and expression (Article 2. Increase the area of any state;
191(a)). 3. Diminish the area of any state;
(2) Freedom of belief, faith and worship, and 4. Alter the boundaries of any state; or
5. alter the name of any state
(3) Right to freedom to religion Article (25–20).
Given that no Bill for the purpose shall be
(a) Freedom from undue or arbitrary restraint introduced in either House of Parliament except
especially by the government. on the recommendation of the President and
unless, where the proposal contained in the Bill
(b) Freedom of individual to do what he or she
affects the area, boundaries or the name of any of
considers best for himself for herself provided he or
she does not violate the rights of other individuals.
the state for expressing its vices within such
further period as the President may allow and the
8. Equality period so specified or allowed has expired.
It means absence of special privileges to any section of Reorganisation of States
the society, and the provision of adequate
opportunities for all individuals without any • At the time of Independence, India was divided
discrimination. into British India provinces and Indian princely
states.
9. Fraternity • Of the 552 princely states situated within the
geographical boundaries of India, 549 joined
It means promotion of brotherhood among people.
India and the remaining 3 (Hyderabıd,
Fraternity also ensures dignity of individual and unity
and integrity of the nation.
Junagarh and Kashmir) joined India later
• Sardar Vallabh Bhai Patel, Home Minister in
the National Provisional Government, and V.K.
Menon (Home Secretary) through their
THE UNION AND ITS TERRITORY persuasive and punitive measures, integrated
a large number of states with the Indian Union.
Articles
Article 4
Articles 1 - 4 of the Constitution of India deal with
the union and its territories: Provides that any law referred in Article 2 of Article
3 should contain provisions for amendment of first
and fourth schedule of the Constitution without 9. In the Hindi speaking areas of Punjab, demand
going through procedure as prescribed by Article was raised for the setting up of Hindi speaking
368, states out of Punjab. It resulted in the division
of the State of Punjab into the Punjabi
State Reorganisation Commissions
speaking area of Punjab, the Hindi speaking
1. Dhar Commission, under Justice S.K. Dhar was area of the State of Haryana and setting up of
appointed in 1948 by the Government of India Chandigarh, a union territory in 1966 by the
to look into the question of linguistic 18th Constitutional Amendment.
reorganisation of India. In its report, the Dhar 10. In 1975, Sikkim was made an associate state by
Commission rejected the idea of linguistic 35th Constitutional Amendment, which later
reorganisation of the states. on by 36th Constitutional Amendment Act in
2. In December 1948, J.V.P. The Commission 1975 was made a fully fledged state
(Jawaharlal Nehru, Sardar Patel and Pattaabhi 11. Mizoram was made a state of the Union of
Sitaramayya) was appointed by the India in 1986. by the 53rd Constitution
government to look into the question of states Amendment.
reorganisation on the basis of languages. It did 12. In 1987, the State of Arunachal Pradesh was
not favour the idea of the linguistic added by the 55th Constitution Amendment.
reorganisation of states. 13. The State of Jharkhand was made out of Bihar
3. In 1954, the Government of India appointed a in 2000.
commission to look into the question of staté 14. The eastern region of Madhya Pradesh was
ré-organisation. A three-member commission popularly known as Chhattisgarh. Finally,
was headed by Justice Fazal All Pandit Madhya Pradesh was bifurcated and the State
Hidayanath Kunzru and Sardar K.M. Pannikar of Chhattisgarh was formed in 2000.
were its other members. In September 1955, 15. In the hilly area of the erstwhile State of Uttar
the commission submitted its report in which Pradesh, Uttaranchal was formed in 2000. On
it recommended the formation of 16 states 11 October 2006 the name of the state was
and 3 centrally administered areas for the changed to Uttarakhand.
Indian Union. Based on the recommendation 16. In February 2014, Andhra Pradesh
of the States Reorganisation Commission. Reorganisation Act 2014 bill was passed by the
Union parliament passed the States Parliament of India for the formation of
Reorganisation Act, 1956, which provided for Telangana state comprising ten districts from
the setting up of 14 states and 6 union north-western Andhra Pradesh. The bill
territories. received the assent of the President and
4. In 1953, Andhra Pradesh was created by taking published in the Gazette on 1 March 2014.
the Telugu-language-speaking region of
Madras province, Bombay province and the
Central Province.
5. In 1954 Pondicherry was handed over by the
French to India and was included in Indian
Union as a union territory.
6. Demand for the State of Gujarat out of
Bombay province was raised in the decade of
the sixties. This resulted into the bifurcation of
Bombay province and the State of CITIZENSHIP
Maharashtra and Gujarat in 1961.
7. On 11 December 1961. Goa was freed from Part II of the Constitution from Article 5 to Article
Portuguese occupation through an army 11 deals with citizenship.
operation, and was made a state in 1987, by Citizenship Act, 1955
the 56th Constitution Amendment Indian Citizenship Act, 1995 prescribes the modes
8. In 1962, the State of Nagaland was created. of acquisition of citizenship:
Citizenship by Birth
• Every person born in India on or after 26 • Increasing demand and expectations for
January 1950 shall be a citizen of India by birth. dual citizenship for people of Indian origin
• Citizenship by Descent in North America, Europe, Australia, New
• A person born outside India on or after 26 Zealand, Singapore and few other
January 1950 shall be a citizen of India by countries have been seen.
dissent if his or her father is a citizen of • On the occasion of the first Pravasi
India at the time of his or her birth. Bharatiya Diwas on 9 January 2003.
• Citizenship by Registration Honourable Prime Minister Shri Atal Bihari
• A non-citizen can apply for citizenship of Vajpayee made an announcement to grant
India and can be registered by the dual citizenship to PIOs. This was passed by
prescribed authority by the following the Indian Parliament unanimously in
conditions: December 2003.
o Should be a person of Indian origin • The concept of dual citizenship, now
and have spent five years in India; phrased as Overseas Citizenship, will grant
o Foreign women married to an overseas citizenship to the people of Indian
Indian citizen; or origin belonging to certain countries as
o Minor children of Indian parents. well as Indian citizens who may take up the
Citizenship by Naturalisation citizenship of these countries in future.
• A foreigner can acquire Indian citizenship • At present this facility is being extended to
on application for naturalisation to the PIOs of sixteen specified countries, namely,
Government of India shall specify persons Australia, Ireland, Israel, Italy, the
of the territory who shall be the citizens of Netherlands, New Zealand, Portugal.
India. Republic of Cyprus, Sweden, Switzerland,
United Kingdom, United States of America,
Citizenship by Incorporation of Territory Canada, Finland, France and Greece.
• When any foreign territory is added to Singhvi Committee
Indian Union people of that territory • A high-level committee on Indian diaspora
automatically become Indian citizens. under the chairmanship of L.M. Singhvi.
Loss of Citizenship • This committee recommended In its report
A person can lose citizenship under the to grant overseas Indian citizenship to the
Constitution (by the Citizenship Act 1955) in three people of Indian origin.
ways: • Based on its recommendations, provisions
(i) Renunciation, (ii) Termination and (iii) have been made for Overseas Citizenship
Deprivation of India (OCI) commonly known as dual
People of Indian Origin (PIO) citizenship to the people of Indian origin
According to a comprehensive scheme launched
by the Government of India, the following people,
settled anywhere throughout the world, are
eligible to have PIO card and therefore:
• Card holders can visit India without any
visa.
• The card is to be valid for fifteen years.
• They will enjoy similar benefits as NRIs
(Non-Resident Indian) in economic,
financial and educational matters but are Schedules of Indian Constitution
not allowed to have political rights, Schedules to the Constitution of India can be
• People of Indian origin from Pakistan and added through the amendments to it. There are
Bangladesh are not entitled to it. twelve schedules to the Constitution of India,
Dual Citizenship which are effective at present:
• First Schedule: This schedule is about the • Twelfth Schedule: Powers, authority and
states and union territories of India, responsibilities of municipalities are
• Second Schedule: In this schedule, defined in this schedule.
provisions have been made to the Citizenship Amendment Act, 2005
President and the Government of States, • Makes provisions for dual citizenship for
Speaker and the Deputy Speaker of the PIO by amending the Citizenship
House of the People, the Chairman and the Amendment Act, 1955.
Deputy Chairman of the Council of States, • The eligibility provision is being extended
the Speaker and the Deputy Speaker of the to such citizens of all other countries other
Legislative Assembly, the Chairman and than those who had never been a citizen of
the Deputy Chairman of the Legislative Pakistan and Bangladesh.
Council of a state, the Judges of the
Supreme Court and of the High Courts and FUNDAMENTAL RIGHTS
the Comptroller and Auditor-General of
PART III OF THE CONSTITUTION FUNDAMENTAL
India.
RIGHTS
• Third Schedule: Forms of oaths or
• Based on the Bill of Rights of the United States.
affirmations are mentioned in this
• Called as the fundamental rights because these
schedule.
rights are most important for the physical,
• Fourth Schedule: This schedule specifies
spiritual and mental development of an
the allocation of seats in Council of States
individual and thus for a healthy functioning of
• Fifth Schedule: Provisions as to the
the democracy.
administration and control of scheduled
• These are given in the Part-III of the
areas and scheduled tribes are mentioned
Constitution from Article 12 to Article 35.
in this schedule. The amendment of the
schedule is also included in the Part D of
Constitution Provides for Six Fundamental Rights
the schedule.
• Right to Equality (Articles 14–18)
• Sixth Schedule: This schedule deals with
• Right to Freedom (Articles 19-22)
provisions as to the administration of tribal
• Right Against Exploitation (Articles 23, 24)
areas in the states of Assam, Meghalaya,
• Right to Freedom of Religion (Articles 25-28)
Tripura and Mizoram. (CSPE, 2015)
• Cultural and Educational Rights (Articles 29, 30)
• Seventh Schedule: The List or the Union
• Right to Constitutional Remedies (Article 32)
List, List Il or the State List and List III or the
Concurrent List are included in this
schedule. Article 13
• Eighth Schedule: The twenty-two
Provides for the laws inconsistent with or in
languages have been selected as the
derogation of the fundamental rights.
official languages of India are mentioned in
this schedule. 1. All laws in force in the territory of India
• Ninth Schedule: Validation of certain Acts immediately before the commencement of this
and Regulations is dealt within this Constitution, so far as they are inconsistent with
schedule. (CSPE, 2014) the provisions of this part, shall, to the extent of
• Tenth Schedule: Provisions as to the such inconsistency, be void.
disqualification on ground of defection for 2. The state shall not make any law which takes
the Members of Parliament and Members away or abridges the rights conferred by this part
of the State Legislatures are mentioned in and any law made in contravention of this clause
this schedule. (CSPE, 2014) shall, to the extent of the contravention, be void.
• Eleventh Schedule: This schedule talks 3. In this article, unless the context otherwise
about the powers, authority and the required:
responsibilities of panchayats.
• Law includes any of the ordinances, order, bye- All citizens shall have the right
law, rule, regulation, notification, custom or usage
• To freedom of speech and expression
having in the territory of India the force of law.
• To assemble-peaceably and without arms
• Laws in force include laws passed or made by a
• To form their associations or unions
Legislature or any other com patent authority in
• To move freely throughout the territory of India
the territory of India before the commencement
• To reside and settle in any part of the territory of
of this Constitution and not previously repealed,
India
notwithstanding that any such law or any part
• To practice any profession, or to carry out any
thereof may not be then in operation either at all
occupation, trade or business.
or in particular areas.
• Nothing in this Article shall apply to any
• Article 20: Protection in respect of conviction for
amendment of this Constitution made under
offence.
Article 368.
• Article 21: Protection of life and personal liberty
Judicial Review • Article 22: Protection against the arrest and
detention in certain cases
• Judicial review is adopted from the Constitution of
the United States of America and the Indian Preventive Detention
Constitution. Judicial review actually refers to the
fact that the Constitution is the supreme power of The provisions for preventive detention have been
the nation and all laws are under its supremacy. mentioned in Article 22. The purpose of
Article 13 deals with that. preventive detention is to prevent a person from
• All the post-Constitution laws differ from it in all or committing a crime by arresting such person even
some of its provision then the provisions of the before he has committed any such crime. The
Constitution will prevail and the provision of that ordinary judicial and legal procedures do not apply
post constitution relating to the same matter. in the case of preventive detention. The
• In such a situation, the provision of that law will preventive detention in India is effective in both
again come into force. This is called the Theory of normal times and emergencies.
Eclipse,
• In a similar way, laws made after adoption of the The preventive detention is a sort of protective
Constitution by the constituent assembly must be mechanism used by the State against probable
compatible with the Constitution; otherwise, the offenders who are likely to commit crimes with
laws and amendment will be deemed to be void ab respect to the security of the state, public order
initio. and supply of essential commodities.
Right to Equality Preventive Detention Acts
• Article 14: Equality before law or equal protection 1. Preventive Detention Act, 1951, first preventive
of law. detention measure, which expired in Dec 1969.
• Article 15: Prohibition of discrimination on 2. Maintenance of Internal Security Act (MISA),
grounds of religion, race, caste, creed, sex or place enacted in 1971 was notorious during the
of birch emergency which was abolished in 1978 by the
• Article 16: Equality of opportunity in matters of Janata Government.
public employment. 3. Conversation of Foreign Exchange and Prevention
• Article 17: Abolition of untouchability. of Smuggling Activities Act (COFEPOSA), enacted in
• Article 18: Abolition of titles. 1974 with the objective to conserve foreign
exchange and check smuggling activities. This act is
still in force.
4. Terrorist and Disruptive Activities Act (TADA).
Right to Freedom enacted in 1983 with the objective of curbing
terrorist activities especially in Punjab. The act
Article 19 expired in 1995:
5. Prevention of Terrorism Act, 2002, enacted to deal • Article 29: Protection of interests of minorities
with the rising of terrorism. regarding their language, script and culture.
• Article 30: Rights of minorities to establish and
The preventive detention is distinct from punitive
administer educational institutions.
detection in the sense that a person can be arrested
and detained under the former without recourse to Right to Constitutional Remedies
legal procedures and even before he has actually
Article 32
committed a crime. However, the Constitution
prescribes the following protections to a person Remedies for the enforcement of rights conferred by
detained under preventive detention: this part:
(a) The concerned detainee should be informed as 1. The right to move the Supreme Court by
soon as possible about the ground of such appropriate proceedings for the enforcement of
detention except when it is not desirable in rights conferred by this part is guaranteed.
national interest. 2. The Supreme Court shall have the power to issue
(b) The concerned detainee should be allowed to directions or orders or writs, including the writs in
move the court as soon as possible to defend the nature of habeas corpus, mandamus,
himself. prohibition, quo warranto and certiorari,
(c) Any person can be detained for not more than two whichever may be appropriate for the
months under the provisions of preventive enforcement of any of the rights conferred by this
detention. Before the 44th amendment the part.
maximum duration of detention was three 3. Without prejudice to the powers conferred on the
months. If the government wants to detain a Supreme Court by the causes (1) (2). Parliament
person beyond a period of two months, the may by law empower any other court to exercise
recommendation of any Advisory Board headed by within the local limits of its jurisdiction all or any of
a a judge of the High Court is mandatory. the powers exercisable by the Supreme Court
under clause (2)
The 44th Amendment reduced the Maximum duration
4. The right guaranteed by this article shall not be
of detection from 3 months to 3 months. It is also
suspended except as otherwise provided for by this
provided for the constitution of an Advisory Board
Constitution of India.
headed by a judge of the concerned High Court to
recommend for detention beyond a period of two Amendability of Fundamental Rights
months
• In the case of Shankari Prasad vs. Union of India,
Right against Exploitation the Supreme Court held that the parliament has
the power to amend any part of the Constitution
• Article 23: Prohibition of traffic in human beings
including fundamental rights.
and forced labour.
• But in the case of Golak Nurh vs. The State of
• Article 24: Prohibition of employment of children
Punjab (1967), the Supreme Court declared that
in factories, etc. (CSPE-2017)
the ordinarily elected parliament does not have the
Right to Freedom of Religion right to amend the fundamental rights included in
the part III of the Constitution which were quite
• Article 25: Freedom of conscience and free
Sacred.
profession, practice and propagation of religion.
• The judgment of the Supreme Court laid down that
• Article 26: Freedom to manage religious affairs,
although the past amendments if the fundamental
• Article 27: Freedom of payment of taxes for the
rights were to be valid as upsetting them would
promotion of any particular religion.
mean that a lot of administrative decisions would
• Article 28: Freedom to attend religious instruction
be affected but in future, the parliament would not
or religious worship in certain educational
have any right to amend the fundamental rights.
institutional institutions.
The Supreme Court further declared that a
Cultural and Educational Rights Constituent Assembly should be convened to
amend the fundamental rights.
• By the 24th Amendment Act, 1971. Article 13 and
Directive Principles of State Policy
Article 368 were amended. The main purpose of
this amendment was to counter the effects of the (DPSP)
decision of the Supreme Court, In the case of Golak
Nath vs. The State of Punjab, to restore back to the
parliament its right to amend any part of the • The Directive Principles of the State Policy are
Constitution in fundamental rights, included in part given in the Part IV of the Constitution of India from
III of the Constitution. Article 36 to Article 51. It is borrowed from the Irish
• The Supreme Court gave its historic judgment in Constitution of 1937. On the basis of their nature
the case of Keshava Nand Bharti who was the head DPSP can be classified into three classes:
of math in Kerala. He had challenged the right of
the parliament to amend the fundamental rights as
per the decision of the Supreme Court in the case
of Golak Nath given in 1967. This famous judgment
in the case of Keshav Nand Bharti was delivered in
the year 1973. The Supreme Court upheld the 24th
amendment of the Constitution and gave back to
the parliament the right to amend any part of the
Constitution including part III of the Constitution in
which the fundamental rights were enshrined. But
it also declared that the parliament has no right to
amend the basic structure of the Constitution.
By Other Amendments
Article 31 C
child or, as the case may be ward between the
FUNDAMENTAL DUTIES
age of six and fourteen years'
• For the selection of people as state chief • If the request made by any person for information
information commissioner and state information has been turned down by public authority
commissioners, the criteria is the same as that for • If the information seeker could not get the
the selection of the CIC and ICs, which requires the information within the time limit specified under
candidates to be persons of eminence in public life RTI.
with wide knowledge and experience in law, • If the demanded fee by the public authority for
science and technology, social service, providing the information is unreasonably high.
management, journalism, mass media or • If the information seeker thinks that he or she has
administration and governance. been provided incomplete, misleading or false
• The restrictions on people to be selected as state information.
chief information commissioner or a state • In respect of any other matter relating to
information commissioner are also the same, and requesting or obtaining access to records under
they require the candidates to not be members of this Act.
parliament or members of state legislative • The central public information officer or the state
assembly of any state or UT, and cannot hold any public information officer has to be granted a
other office of profit or be affiliated to any political reasonable opportunity of putting forth his or her
party or be a part of any business or profession. case before any penalty is imposed on him or her.
• The state chief information commissioner and The responsibility of proving the allegations will be
information commissioner are to hold office for upon the Information officers.
five years or up to an age of sixty-five years. • No suit is to be laid against any person for anything
• The state chief information commissioner and done in good faith.
state information commissioner are required to • The provisions of this Act are to have effect not
take oath before the governor. with-standing anything inconsistent therewith
• The terms and conditions of services, and the pays contained in Official Secrets Act, 1923.
and allowances, which apply to the state chief • The Right to Information Act has been continuously
information commissioner, are to be same as that used by the active and aware members of the civil
of an Election Commissioner. The terms of service society to expose corrupt practices in the
and the pays and allowances of the State administration and misappropriations of the funds
Information Commissioner are to be same as that sanctioned for the execution of public welfare
of the chief secretary of the state government. schemes.
• The state chief information commissioner of a • Mrs Aruna Roy, a social activist and winner of
state information commissioner ain resign by Magsaysay Award, is actively associated with the
writing to the President, in a manner similar to that task of popularising Right to Information Act
of the CIC and ICs. They can be removed from their among the common masses of the country.
office by the order of the governor on the ground, • Arvind Kejriwal won the Magsaysay Award for
in cases where misbehaviour is proved, or where popularising Right to Information Act among the
the said person is incapable to hold office. They can people
• The President should not be a member of any
Union Executives
house of union or state legislature,
• He or she should not hold any office of profit.
Part V of the Constitution deals with the Union • Her she is entitled to the free use of his or her
executives, comprising the President, Vice-president, official residences, such emoluments, allowances
Prime Minister, Council of Ministers and Attorney and privileges are determined by the parliament by
General of India. law.
• During the President's term of office his or her
President emoluments and allowances shall not be
President is the head of the state and the first citizen diminished.
of India. He or she acts as the symbol of unity, integrity
President's Term at the Office
and solidarity of India.
• The President holds office for a term of five years.
Election of the President
• He or she can resign from his or her office at any
Article 54 time by addressing the resignation letter to the
Vice-President of India.
• The President of India is elected by an electoral
• Any resignation addressed to the Vice-President
college which consists of the elected members of
shall forthwith be communicated by him to the
the two houses of the parliament and the
speaker of Lok Sabha.
legislative assemblies of the states (In this context,
• The President can also be removed by the
the term (state) includes the national capital
impeachment for violation of the Constitution.
territory of Delhi and the union territory of
Either house may prefer the charge of violation of
Puducherry also).
the Constitution before the other house which
Article 55 shall be either investigated.
• When a vacancy occurs in the President's office
• It provides that, as far as practicable, there shall be
due to his or her death, resignation or removal or
uniformity in the scale of representation of the
otherwise, the Vice President acts as the President
different states at the election of the President.
until a new. President is elected
The President's election is held in accordance with
• An election to fill such 1 vacancy should be held
the system of proportional representation by
within six months from the date of occurrence of
means of a single transferable vote and the voting
such vacancy
takes place by secret ballot.
• A person who holds or who has held the office of
Article 58 the President is eligible for re-election to that
office.
• A person, to be eligible for the election of the
President, should fulfil the following conditions: Article 60
o The person willing for the President's
• The oath of office to the President is administered
election should be a citizen of India.
by the Chief Justice of India and in his or her
o He should have completed the age of
absence, by the senior most judge of the Supreme
thirty-five (35) years.
Court available.
o He should be qualified for election as a
member of the house of the people, i.e. Article 61
the Lok Sabha.
Provides that the President may be removed by
o He should not hold any office of profit
impeachment from his or her office on grounds of
under the union government or any local
violation of the Constitution.
or other authority
• The impeachment charges may be initiated by
either house of the parliament or the charges
Article 59
should be signed by 1/4th of the members of the
Lays down a few more conditions of the President's house which framed the charges.
office:
• Regarding these charges, a fourteen-day notice • He or she can summon the parliament and dissolve
should be given. the Lok Sabha.
• The resolution of the charges for impeachment of • He or she can address the parliament at the
the President should be passed by the majority of commencement of the first session after each
not less than 2/3rd of the total membership of the general election and the first session of every year.
house. • He or she can also summon a joint sitting of both
• Afterwards the charges are investigated in the the houses of the parliament which is presided
other house of the parliament. If the resolution is over by the speaker of the Lok Sabha.
passed in this house also with the majority of 2/3rd • He or she can appoint any member of the Lok
of its total membership, then the President stands Sabha to preside over its proceedings when both
removed from his or her office from the date on the speaker's and deputy speaker's office fall
which bill is so passed. vacant and also can appoint any member of the
Rajya Sabha to preside over its proceeding when
The Power and Functions of the President
both the chairman's and deputy chairman's office
Executive Powers fall vacant.
• In the Rajya Sabha, twelve members are
Article 53 provides the executive powers of the nominated from amongst the people having
President: special knowledge or some practical experience in
• All executive powers of the union government are respect of literature, science, art and social service,
vested in him or her by him or her, and two members to the Lok Sabha
• He or she can make the rules specifying the can also be nominated from the Anglo-Indian
manner in which the orders and other community.
instruments made and executed in his or her • For introducing bills in the parliament regarding a
name shall be authenticated. bill involving expenditure from the Consolidated
• He or she appoints the Prime Minister and the Fund of India or a bill for alternation of boundaries
other ministers; and they hold office during his or of states or creation of new state, President's prior
her pleasure recommendation or permission is needed.
• He or she appoints the Attorney General of India • When a bill is sent to the parliament after it has
and he or she too holds the office during the been passed by the parliament, the President can
President's pleasure. give his or her assent to the bill or return the bill Gif
• The Comptroller and Auditor General of India, the it is not a money bill or a constitutional
Chief Election Commissioner and other election amendment bill) for reconsideration of the
commissioners, the chairman and members of the parliament.
UPSC, the governors of the states, the chairman • When a bill is passed by a state legislature it is
and the members of the finance commissions, etc. reserved by the governor for the consideration of
are all appointed by the President of India. the President. The President can give his or her
• The President can appoint a commission to assent to the bill, or withhold his or her assent to
investigate into the conditions of SCs, STs and the bill or direct the governor to return the bill (if it
OBCs (Other Backward Classes). is not a money bill) for reconsideration of the state
• He or she directly administers the union legislature A
territories through administrators appointed by • ccording to the Article 123, the President can
him or her. promulgate ordinances when both the houses of
• He or she can seek any information relating to the the parliament are not in session. These
administration of affairs of the union and the ordinances must be approved by the parliament
proposals for legislation from the Prime Minister. within six weeks of its reassembly. The ordinance
can be effective for a maximum period of six
Legislative Powers months and six weeks.
The President is an integral part of the parliament. He Emergency Powers
or she enjoys the following legislative powers:
• The President deals with the following three of
emergencies:
National Emergency and void after two months if it is not approved
through a resolution passed by the houses of the
• According to Article 352, the President can
parliament
proclaim national emergency after the approval
by both the houses of the parliament within one Vice-President
month, and after approval the emergency • The members of two Houses of the Parliament
continues for six months. choose the Vice-President by election, according to
• During the period of a national emergency, the the system of proportional representation by
President acquires certain extraordinary powers. employing the means of single transferrable vote.
• He or she can pass directions to any state with • The eligibility conditions for election of a person as
regard to the manner in which its executive power Vice-President are the same as those for election
is to be exercised. as President accept that for the former, the
• He or she can modify the pattern of distribution of candidate must be qualified for election as a
the financial resources between the union and the member of the Council of States.
states. • He or she holds the office for a term of five years
• The President can suspend the fundamental rights before which he or she could give his or her
of citizen except Article 20 and Article 21. resignation to the President or can be removed by
President's Rule the Rajya Sabha through a resolution passed by a
two-third majority of its members and likewise
• President's rule is also known as a state emergency agreed to by Lok Sabha,
or a constitutional emergency. • The Vice-President is the ex-officio Chairman of the
• On the grounds of Article 356, i.e. failure of Rajya Sabha and presides over all its meetings.
constitutional machinery in the states, and Article • He or she discharges the functions of the office of
365, i.e. failure to comply with or to give effect to President in case that post falls vacant on account
directions given by the union, the President of the death, resignation and removal of the
proclaims the President's rule. President.
• The proclamations should be approved within two
months by both the houses of the parliament, and Prime Minister
then it remains in force for six months. Appointment
• If a national emergency is in force in the entire • Article 75 provides that the appointment of the
country or in any part of the concerned state, and Prime Minister shall be done by the President.
the Election Commission certifies that due to • President appoints the leader of the majority party
difficulties the general elections to the concerned of the Lok Sabha as the Prime Minister.
state Legislative Assembly cannot be held, then the • When no party has clear majority then the
President's rule can be extended beyond the first President by his or her personal discretion appoints
year of implementation; it can be extended six the Prime Minister and asks him or her to seck vote
months at a time. of confidence within a month.
• During the President's rule, the state governor on
behalf of the President carries on the Power and Functions of the Prime Minister
administration of the state with the help of the
• Prime Minister is the head of the government and
advisors appointed by the President or the chief
the real centre of power.
secretary of state. However, the President cannot
• He or she is the leader of the majority in the Lok
interfere with the jurisdiction of the concerned
Sabha.
state high court.
• The President formally appoints him or her. The
Financial Emergency Prime Minister is the real maker of the council of
ministers.
• The President proclaims financial emergency under • The President upon the advice of the Prime
Article 360 if he is satisfied that the financial Minister appoints all members.
stability or credit of India or any part is threatened.
• A proclamation has to be presented in both the Prime Minister as the Captain of the Council of
houses of the parliament and it will become null Ministers
• The council of ministers works under the responsible for all the decisions and actions of the
leadership, direction and control of the Prime President
Minister
Collective Responsibility of the Council of Ministers
• No one can become or remain a minister without
the consent of the Prime Minister. • The council of ministers is collectively responsible
• Any minister who disagrees with the Prime before the parliament, in fact before the Lok
Minister has to resign and quit the ministry: Sabha.
• The Prime Minister can ask any ininister to resign. • In case the Lok Sabha rejects any law or policy or
• When the Prime Minister resigns, it is taken to be decision or budget proposal made by the ministry,
the resignation of the entire council of ministers. it is taken to be a vote of confidence against the
entire council of ministers.
Council of Ministers • In this event the council of ministers resigns and
Appointment goes out of office. Likewise, when the Lok Sabha
• They are appointed by the President on the advice passes a direct vote of no confidence against the
of the Prime Minister. Prime Minister, it also means a lack of confidence
• A person who is not a member of both the houses in it. This system is called Collective Responsibility
can also be appointed as a minister on the of the ministry before the parliament.
condition that he must become the member of
either of the houses within six months. Parliament
Close Relationship between the Parliament and the • Parliament is the supreme legislative body of a
Council of Ministers country. Our Parliament comprises the President
and the two houses, the Lok Sabha (house of the
• Each minister is essentially a member of either people) and the Rajya Sabha (Council of States).
house of the union parliament. • The President has the power to summon and
• If any non-member becomes a minister, he or she prorogue either house of Parliament or to dissolve
has to become a Member of Parliament (MP) the Lok Sabha
within six months. In case he or she fails to do so,
he or she has to quit his or her ministership. Composition of the Two Houses
• • The council of ministers and the parliament Rajya Sabha
actively participate in its working. They take full
part in law making, • The maximum strength of the Rajya Sabha is 250
out of which 238 members are the representative
Ministerial Responsibility of states and the union territories and 12
• The council of ministers is responsible before the members are nominated by the President.
parliament for all its activities and decisions. Lok Sabha
Ministerial responsibility has three main aspects,
as we see in the next Section. • The maximum strength of the Lok Sabha is 552
• Indian council of ministers is fully responsible out of which 530 members are the representative
before the union parliament. of the states, 20 members are the representative
• Responsibility of the Ministers for All Acts of the of the union territories and 2 members are
President nominated by the President from the Anglo-Indian
• The council of ministers is responsible for all the community
decisions and actions of the President
Session of the Parliament
• The President always acts on the advice of the
Prime Minister and the council of ministers. • There are usually three sessions in a year:
• The Prime Minister is the chief advisor of the o The Budget Session (February to
President. May):
• Every decision of the President is the decision of o The Monsoon Session July to
the council of ministers. They are therefore September); and
o The Winter Session (November to
December).
Table 3.5 Representation of States and Union Territories in the Council of States (Rajya Sabha)
States Seats
Andhra Pradesh 11
Assam 7
Bihar 15
Chhattisgarh 5
Goa 1
Gujarat 11
Haryana 5
Himachal Pradesh 3
Jammu and Kashmir 4
Tharkhand 6
Karanataka 12
Kerala 9
Madhya Pradesh 11
Maharashtra 19
Manipur 1
Meghalaya 1
Nagaland 1
Odisha 10
Punjab 7
Rajasthan 10
Sikkim 1
Tamil Naidu 18
Telengana 7
Tripura 1
Urtara Pradesh 31
Uttarakhand 3
West Bengal 16
Delhi 3
Puducherry 1
Arunachal Pradesh 1
Mizoram 1
Total 233
Union Territories
47th Chief Justice of India • Among the union territories, Delhi alone has a high
court of its own.
Justice Sharad Arvind Bobde, has been appointed as
• The other six Union territories come under
the 47th Chief Justice of India (CJI). by the President of
jurisdiction of different state high courts.
India. As per convention, outgoing CJI Ranjan Gogoi
• The chief justice of a high court is appointed by the
recommended the name of Justice Bobde, the most
President in consultation with the chief justice of
senior judge of the Supreme Court as his successor. The
India and the governor of the state.
Chief Justice of India and the Judges of the Supreme
• All the high courts have the power of
Court are appointed by the President under clause(2)of
superintendence over all courts within its
Article 124 of the Constitution.
jurisdiction.
High Court • A judge in the high court retires at the age of sixty-
• There are 24 high courts in the country, four having two.
jurisdiction over more than one state. • The jurisdiction as well as the laws administered by
• Bombay High Court has the jurisdiction over a high court can be altered both by the union and
Maharashtra, Goa, Dadra and Nagar Haveli, and state legislature.
Daman and Diu. • The high court’s like those are Bombay, Calcutta
• Guwahati High Court which was earlier known as and Madras have original and appellate
Assam High Court has the jurisdiction over Assam, jurisdictions. Under the original jurisdiction suits
Nagaland, Mizoram and Arunachal Pradesh. where the subject matter is valued at Rs. 25,000 or
• Punjab and Haryana High Court has the jurisdiction more can be filed directly in the high court.
over Punjab, Haryana and Chandigarh. • Most high courts have only appellate jurisdiction.
• Hyderabad High Court has jurisdiction over Andhra • Working under the guidance of the Supreme Court,
Pradesh and Telangana. the high courts are generally the last court of
regular appeal.
• The high courts of Mumbai, Chennai, Kolkata and
Delhi enjoy original jurisdictions beyond a certain
financial limit (For instance Rs. 20 lakh and above
in case of Delhi).
Jurisdiction and Seat of the High Court • Established at Agra. Shifted to Allahabad in 1875
• Lahore High Court established in 21 March 1919.
• Originally it was known as the Assam High Court,
The jurisdiction covered undivided Punjab and
later renamed as Guwahati High Court in 1971.
Delhi. On 11 August 1947 a separate high court of
• Originally known as the Mysore High Court, later
Punjab was created having its seat at Shimla under
renamed as Karnataka High Court in 1973.
the Indian Independence Act 1947 which had
• Originally known as Punjab High Court, later
jurisdiction over Haryana. In 1966 after the re-
renamed as Punjab and Haryana High Court in
organisation of the Punjab High Court was
1966.
designated as the High Court of Punjab and was facing impeachment proceeding for his tenure as
Haryana. The Delhi High Court was established on Chief Justice of Karnataka.
31 October 1966 with its seat at Shimla.
Saumitra Sen: Calcutta High Court judge Saumitra Sen
• Originally known as the High Court of Assam and
resigned from his post before his impeachment motion
Nagaland, renamed as Guwahati High Court in
was expected to be taken up by the Lok Sabha on 5
1971 by the North East Areas (Reorganisation) Act,
September 2011, after the Rajya Sabha voted in favour
1971.
of it two weeks ago.
• Srinagar is the summer capital; Jammu is the
winter capital. The Subordinate Courts
• The High Court of Travancore-Cochin was
inaugurated at Ernakulam on 7 July 1949. The state This segment of the Indian judicial system comprises:
of Kerala was formed by the State Reorganisation District Court
Act, 1956. That Act abolished the Travancore-
Cochin High Court and created the Kerala High 1. It is empowered to hear the appeals from courts
Court. Moreover, the Act also extended the of original civil jurisdiction besides having original
jurisdiction of the Kerala High Court to civil jurisdiction under many enactments.
Lakshadweep. Composition of District Court
• Under the Government of India Act, 1935 by letters
patent dated 2 January 1936, a high court was The highest court in each district is that of the district
established at Nagpur for the central provinces. and sessions judge. The district court is the principal
After the re-organisation of the states, this high courr of civil jurisdiction, this is also a court of sessions
court was shifted to Jabalpur in 1956. - triable cases are tried by the sessions court, it has the
power to impose any sentence including Capital
New High Court of Andhra Pradesh punishment.
• President of India issued orders for the creation of • There are many other courts subordinate to the
a separate high court for Andhra Pradesh, which court of district and sessions judge.
will start functioning from 1 January 2019 from • There is a three-tier system of courts:
Amravati.
• After the creation of Telangana, the high court of (1) On the civil side, at the lowest level is the court of
the two states was functioning from Hyderabad. . civil judge (junior division).
With the creation of the new high court, the
(2) On criminal side the lowest court is that of the
country will have 25 high courts.
judicial magistrate.
• According to the notification issued by the Law
Ministry, Justice Ramesh Ranganathan, who is at (3) Civil judge (junior division) decides the civil cases of
present the Chief Justice of Uttarakhand high small pecuniary stake.
court, will head the new high court.
(4) Judicial magistrate decides the criminal cases that
• It will have 15 other judges besides the chief
are punishable with an imprisonment of up to five
justice.
years.
Impeachment Against Judge
• At the middle of the hierarchal there is the court of
V. Ramswami: Impeachment proceedings were started civil judge senior division) on the civil side and the
in the Lok Sabha in 1990 against the Chief Justice of court of the chief judicial magistrate on the
Punjab and Haryana Court, Justice V. Ramswami for criminal side. Civil judge senior division) con decide
misconduct (financial). In voting on 10, 11 May 1993, civil cases of any valuation,
the impeachment resolution could not be passed. • There are many additional courts of additional civil
judge (senior division). The jurisdiction of these
P.D. Dinakaran: Chief Justice of Sikkim PD. Dinakaran
addition courts is the same as that of the principal
resigned from his post on 29 July 2011, ahead of the
courts of civil judge (senior division)
commencement of the removal proceedings in Rajya
• The chief judicial magistrate can try cases which
Sabha by the three-member panel. Justice Dinakaran
are punishable with imprisonment for a term up to
seven years. Usually, there are many additional • Conciliation refers to a voluntary process in which
courts of additional chief judicial magistrates. an impartial third party helps the parties in
• At the top level, there may be one or more court of reaching a mutually satisfactory and agreed
additional district and session judge with the same settlement of the dispute
judicial power as that of the district and session • Negotiation is carried out on with the same
judge. objective in mind with a voluntary negotiation on
• Judicial independence of each court is the the part of the parties concerned.
characteristic feature of the district judiciary. • The arbitral tribunal would comprise of the
members in odd numbers which are appointed by
Session Court
the parties and appointment of the arbitrator may
These are the courts of criminal jurisdiction having the be challenged on the ground of partiality and
similar scope of powers. The court of specific original doubt over his independence. The jurisdiction of
jurisdiction is the court of civil judge of judicial the arbitral tribunal is conditioned by the
magistrate small cases court and the court of arbitration agreement itself.
metropolitan magistrate. The district court of India is • The arbitral award is binding on the parties unless
the court at a district level. Whereas these courts are recourses are taken for setting it aside and the
under the administrative and judicial control of the status also elaborates upon the procedure of
high court of the state to which the district concerned enforcement of forcing arbitral awards and
belongs. condition in which they are binding,
Quasi-Judicial System
Comptroller and Auditor-General of
• This appendage to the Indian judicial system is a
recent attempt on the part of the government to
India
expedite the judicial process by diluting • Mr. Shashikant Sharma took over as the
procedural formalities and avoidance of litigation. Comptroller and the Auditor-General of India on
• Tribunals from an indispensable part of this May 2013. He is the 12th CAG of India.
system that are appointed by the government and • Article148 provides for an independent office of
comprise of judge and expert on the particular the Comptroller and Auditor-General of India. He is
field for which the tribunal has been constituted. the head of the Indian audit and accounts
Industrial tribunals pertaining primarily to labour department.
disputes may be taken as an instance. • He is appointed by the President of India for a term
of six years or up to an age of sixty-five years,
Alternative Dispute Resolution whichever is earlier
The advent of Alternative Dispute Resolution system in • The CAG, before taking over his office, makes and
India, which comprises the methods such as subscribes before the President an oath or
arbitration, conciliation and negotiation, has simplified affirmation to carry out the duties of his office
the concept and the procedure of justice delivery fuithfully, and to uphold the Constitution and the
system in India. law.
• He can be removed by the President on the basis
• In consonance of the UNCITRAL agreement of a resolution passed to that effect by both the
parliament came out with a Central Act houses of the parliament with special majority,
(Arbitration and Conciliation Act, 1996) to either on the ground of proved misbehaviour or
consolidate the law relating to domestic that of incapacity:
arbitration, international commercial arbitration
and enforcement of foreign arbitral awards as also Duties and Powers of the Comptroller and Auditor
to define the law relating to conciliation & matters General of India
connected therewith. • Article 149, the Constitution of India. Authorises
• Arbitration may be defined as a private the parliament to prescribe the union and of the
determination of controversial issues by a third states and of any other authority or body.
neutral party (arbitral tribunal), who is employed • Accordingly, the Parliament of India enacts the
to create a binding award. audit in the central government.
• The CAG audits the accounts related to all • About 1200 public commercial enterprises
expenditure from the Consolidated Fund of India controlled by the union and the state
and the public account of India in both central and governments, i.e. government companies and
the state level. corporations.
• He or she audits the receipt and expenditure of all • Around 400 non-commercial autonomous bodies
the bodies and authorities substantially financed and authorities owned or controlled by the union
from the central or state revenues, government or the states.
companies and other corporation and bodies when • Over 4400 authorities and bodies are substantially
so required by related laws. financed from union or suite revenues.
• He or she advices the President with regard to the
Promulgation of Ordinance (Article 123)
prescription of the form in which the accounts of
the centre and the states shall be kept. According to the Constitution of India the President
• He or she submits his or her audit report relating to promulgates the ordinance when one or both the
the accounts of the centre to President and relating houses of the parliament are not in session and he is
to the accounts of a state to the governor." satisfied that there exists a situation that demands
• He or she compiles and maintains the accounts of immediate legislation. An ordinance promulgated
state government as the separation of central seizes to be in operation at expiry of six weeks after the
government accounts took places. parliament approves the ordinance. If the houses
• He or she audits all transactions of the central and reassemble on different days then the six-week period
state government related to debt, sinking funds, is calculated from the date on which the second house
deposits, advances, suspense accounts and reassembled.
remittance in business,
• He or she audits the accounts of any other STATE LEGISLATURE
authority also on a request of President or the
• Part VI of the Constitution from Article 168 to
governor
Article 212 deals with the functions, the
• He or she thus acts as a guide, friend and a
composition and the organisation of state
philosopher to the public accounts committee of
legislature.
the Parliament.
• In every state there is a legislature, which consists
Independence of CAG of governor and one or two houses as the case may
be.
• CAG is appointed by the President but he or she
• Two houses, namely, the legislative council and
does for hold office in accordance with the
legislative assembly, are in existence in the states
procedure mentioned in the parliament.
of Bihar, Jammu and Kashmir, Karnataka.
• He or she is not eligible for further office, either
Maharashtra, Andhra Pradesh and Uttar Pradesh
under the Government of India or of any of the
• In the remaining states, there is only one house
states, after he or she cases to hold his or her
known as the legislative assembly.
office.
• Parliament may, by law. provide for the abolition
• The Parliament determines his or her salary and
of an existing legislative council.
other service conditions.
• The administrative expenses of the office of CAG Governor
are charged upon the Consolidated Fund of India. • The state executive consists of the governor and
• No minister can be called upon to take any the council of ministers with the chief minister as
responsibility for any action done by the CAG. The its head. The governor is the chief executive of the
Comptroller and Auditor-General of India is not state.
represented by any minister of the parliament. • Like the President he or she is the nominal
The organisation subjects to the audit of the executive head. He or she also acts as an agent of
Comptroller and Auditor General of India are: the central government.
• Article 153 says that there should be a governor for
• All the union and state government departments each state.
and offices including Indian railways and posts and • According to the Constitution (Seventh
telecommunications Amendment) Act of 1956, the same person may
sometimes be appointed as governor of two or • He or she advices the President on the issue of the
more states. failure of the constitutional machinery, and
• According to Article 155, the governor is appointed recommends for the imposition of the President's
by the President by warrant under his or her hand rule in the state concerned.
and seal. His or her usual term of office is five years • He or she can use his or her discretion while
but he or she holds office during the pleasure of exercising the functions as the administrator of an
the President. adjoining union territory (in case of an additional
• The Constitution lays down the two qualifications charge).
for the appointment of a person as the governor. • He or she seeks the information from the chief
• According to the Article 157, the person opting for minister with regard to ad ministrative and
the governorship should be a citizen of India and legislative matters of the state.
should have completed 35 years of age. • Some of the governors may have to discharge
• The governor cannot be the member of either certain special responsibilities also under Articles
house of the parliament or any of the state 371(A) to 3710).
legislatures. • Under Article 371 A of the Constitution, the
• The governor cannot hold any office of profit. Governor has special responsibility in the case of
• The chief justice of the concerned high court Nagaland, with respect to the law-and-order
administers the oath of office to the governor of situation in the state. While it is required of him or
that state. her to discuss matters with and consult the council
• The governor can be transferred from one state to of ministers regarding matters of law and order, at
another by the President. the same time, the Governor has the discretion to
• He or she can resign at any time by addressing his exercise individual judgement on the action to be
or her resignation to the President, taken.
• The legislature of a state does not have any role in • Similarly, in respect to Arunachal Pradesh, the
removing the governor from his post. governor has a special responsibility under the
• In case, the same person is appointed as the Article 371H of the Constitution with respect to law
governor of two or more states, the President of and order and in discharging of his or her functions
India determines the emoluments and the in relation there to. These are, however, temporary
allowances payable to him or her in proportion to provisions.
the States concerned. • Similarly in the tribal areas of Assam, Meghalaya,
Tripura and Mizoram, where the Sixth Schedule is
Constitutional Position
applicable, as it is noted in paragraph 20 of that
• As the President in the central level, the governor schedule, the governor is granted discretionary
in the state level exercises his or her powers and powers in matters regarding the sharing of
functions with the aid and the advice of the council royalties between the district council and the state
of ministers headed by the chief ministers government. Additional discretionary powers are
• However, the governor can act on his or her also wested in the gove Mizorain and Tripura,
wisdom and discretion in certain case as are courtesy the Sixth Schedule, in almost all their
mentioned below: functions save for approving regulations for levying
• The governor can appoint a new chief minister in a taxes and lending money to the non-tribals by the
situation where no single party or leader district councils. since December 1998.
commands majority support. • In Sikkim, the governor has been given a special
• He or she can dissolve the assembly on the advice responsibility for the peace, social and the
of the chief minister who has lost majority support. economic advancement of the different sections of
• He or she can dismiss 1 ministry where the ministry population.
refuses to resign even after losing majority • In Maharashtra, establishment of separate
support. development boards for Vidarbha and
• The governor can act in his or her discretion in the Marathwada
case of reservation of a bill for the consideration of • In Gujarat, establishment of separate development
the President and he or she can give or withhold boards for Saurashtra and Kutch.
assent to the bills, return a bill for reconsideration.
Table 3.9 Parliamentary Committees
• Pardons, reprieves, respire and remissions of a • Exclusive powers over subjects which are
punishment can be granted by the governor. He enumerated in List II of the seventh schedule of the
can also suspend, remit and commute the Constitution are maintained by the State
sentence of any person convicted of any given Legislature along with concurrent powers over
offence against any law, which pertains to a matter those enumerated in the list III
to which the executive power of the state extends. • Financial powers of the legislature include
• He or she is consulted by the President while authorisation of all expenditure, taxation and
appointing the judges of the concerned State high borrowing by the state government.
courts. • The power to originate money bills rests solely with
• He or she makes appointments, postings and the Legislative Assembly. Recommendations can
promotions of the district judges in consultation be made by the Legislative Council in respect of the
with the state high court. changes which it considers as required within a
• He or she also appoints persons to the judicial time limit of fourteen days of the receipt of money
service of the state (other than the district judges) bills from the assembly. The Legislative Council's
in consultation with the state high court and the recommendations can be cither accepted or
service commission. rejected by the Legislative Assembly.
Term Definition
Committee Means a committee constituted under
Article 243S
District Means a district in a state
Metropolitan Area This refers to an area which consists of a
population of ten lakh or more people, which
comes under one or more districts. It also has
at least two or more municipalities or
panchayats or other contiguous areas, which
are specified by the governor, or through
public notification, to be a metropolitan area
for the purposes of this part.
Municipal Area Means the territorial area of a municipality
as notified by the governor
Municipality Means an institution of self-government
constituted under Article 243Q
Panchayat Means a panchayat constituted under Article
243B
Population Means the population as ascertained at the
last preceding census of which the relevant
figures have been published.
ARTICLE 243ZC: PART NOT TO APPLY TO CERTAIN ARTICLE 243ZE: COMMITTEE FOR METROPOLITAN
AREAS PLANNING
• Nothing in this part shall apply to the scheduled • There shall be constituted in every metropolitan
areas referred to in clause (1), and the tribal areas area a metropolitan planning committee to
referred to in clause (2), of the Article 244 prepare a draft development plan for the
• Nothing in this part shall be construed to affect the metropolitan area on a whole.
functions and powers of the Darjeeling Gorkha Hill • The legislature of a state may, by law, make
Council constituted under any law for the cime provision with respect to:
being in force for the hill areas of the district of o The composition of the metropolitan
Darjeeling in West Bengal. planning committees
• Notwithstanding anything in this Constitution, the o The manner in which the seats in such
parliament may, by law, extend the provisions of committees shall be filled provided that
this part of the scheduled arcus and the tribal areas not less than two-thirds of the members of
referred to in clause (1) subject to such exceptions such Committed shall elected by, and from
and modifications as may be specified in such law, amongst the cleared members of the
and no such law shall be deemed to be an municipalities and chairpersons of the
amendment of the constitution for the purposes of panchayats in the metropolitan are in
Article 368. proportion to the ratio between the
population of the municipalities and that
ARTICLE 243ZD: COMMITTEE FOR DISTRICT PLANNING of the panchayats in that area.
• There shall be constituted, in every stare at the o The representation in such committees of
district level a district planning committed to the Government of India and the state
consolidate the plans prepared by the panchayats government and of such organisations and
and the municipalities in the district and to prepare institutions as may be deemed necessary
a draft development plan for the district on a for Carrying out the functions assigned to
whole. such committees.
• The legislature of a state may, by law, make • The chairperson of every metropolitan planning
provision with respect to committee shall forward the development plan, as
o The composition of the district planning recommended by such committee, to the
committees government of the stare.
ARTICLE 243ZF: CONTINUANCE OF EXISTING LAWS Panchayats
AND MUNICIPALITIES
• It is laid down in Article 40 of the Constitution,
• Provided that all the municipalities existing which also consists of one of the directive
immediately before commencement of the principles of state policy, that the state shall take
Constitution (Seventy-fourth Amendment) Act, steps to organise village panchayats and to grant
1992 shall continue till the expiry of their duration, them with such powers and, authority as may be
unless sooner dissolved by a resolution passed to necessary to enable them to function as the units
that effect by the legislative assembly of that state of self-government'.
or, in the case of a state having i legislative council, • New part IX relating to the panchayats has been
by each house of the legislature of that state. inserted in the Constitution to provide for among
other things.
ARTICLE 243ZG: BUT TO INTERFERENCE BY COURTS IN
• Gram Sabha in a village or group of villages:
ELECTORAL MATTERS Notwithstanding anything in
constitution of panchayats at village and other
this Constitution
level or levels.
• The validity of any law relating to the delimitation • Direct elections to all seats in panchayats at the
of constituencies or the allotment of seats to such village and intermediate level, if any, and to the
constituencies, made or purporting to be made offices of chairpersons of panchayats at such
under the Article 243ZA shall not be galled in levels.
question in any court. • Reservation of seats for the scheduled castes and
• No election to any municipality shall be called in scheduled tribes in proportion to their population
question except by an election petition presented for membership of the panchayats and office of
to such an authority and in such manner as chairperson in panchayats at each level.
provided under any law made by the state • Reservation of not less than one-third of the seats
legislature for women.
• Fixing tenure of five years for panchayats and
holding elections within a period of six months in
the event of super session of any panchayat.
Term Definition
District Means a district in the state
Gram Sabha A Gram Sabha refers to a body which consists of people who are
registered in the electoral rolls pertaining to a village, which comes
under the area of the panchayat at the village level
Intermediate Level Means a level between the village and district specified by the
governor of a state by public notification to be the intermediate level
for the purposes of this part
Panchayat Means an institution (by whatever name called) of self-government
constituted under Article 243B, for rural areas
Panchayat Area Means the territorial area of a panchayat
Population Means the population as ascertained at the last preceding census of
which the relevant figures have been published
Village This refers to a village which is specified by the governor of the state
through public notification to be a village for the purposes of this part
and a group of villages so specified also come under it.
ARTICLE 243A: GRAM SABHA o Of the chairpersons of the panchayats
at the intermediate level, in the
A Gram Sabha may exercise such powers and
panchayats at the district level:
perform such functions at the village level as the
o Of the members of the House of the
legislature of a state.
People and members of the state
ARTICLE 243B: CONSTITUTION OF PANCHAYATS legislative assembly representing
constituencies which comprise wholly
• There shall be constituted in every state,
or partly a panchayat area at a level
panchayats at the village, intermediate and
other than the village level, in such
district levels in accordance with provisions of
panchayat
this part.
o Of the members of the council of states
• Notwithstanding anything in clause (1),
and the members of the legislative
panchayats at the intermediate level may not
council of the state, where they are
be constituted in a state having a population
registered as electors within:
not more than twenty lakh.
(i) A panchayat area at the intermediate level,
ARTICLE 243C: COMPOSITION OF PANCHAYATS in the panchayat at the intermediate level;
(ii) A panchayat area at the district level, in
• Subject to the provisions of this part, the
panchayat at the district level.
legislature of a state may, by law, make
• The chairperson of a panchayat and other
provisions with respect to the composition of
members of a panchayat whether or not
panchayats.
chosen by direct election from territorial
• Provided that the ratio between the
constituencies in the panchayat area shall vote
population of the territorial area of a
in the meetings of the panchayats,
panchayat at any level.
• The chairperson of a panchayat at the village
• The number of seats in such panchayat to be
level shall be elected in such manner as the
filled by collection shall be the same
legislature of a state may provide
throughout the state.
• A panchayat at the intermediate level or
• All the seats in a panchayat shall be filled by
district level shall be elected by, and from
persons chosen by direct election from the
amongst, the elected members thereof.
territorial constituencies in the panchayat
area, and ARTICLE 243D: RESERVATION OF SEATS
• For this purpose, each panchayat are shall be
• Seats will be reserved for:
divided into territorial constituencies in such a
manner that the ratio between the population (a) The scheduled castes; and
of each constituency and the number of seats
(b) The scheduled tribes, in every panchayat,
allotted to it shall be the same throughout the
panchayat area. • The number of scats of reserved shall bear the
• The legislature of a state may, by law, provide same proportion to the total number of seats
for the representation to be filled by direct election in that panchayat
o Of the chairpersons of the panchayats as the population of the scheduled Casts in
at the village level, in the panchayats at that panchayat area or of the scheduled tribes
the intermediate level or, in case of a in that panchayat area bears, to the total
state not having panchayats at population of that area and such seats may be
intermediate level, in the panchayats allotted by rotation to different constituencies
at the district level: in a panchayat.
• Not less than one-third of the total number of
seats reserved under clause (1) shall be
reserved for women belonging to the continue for five years from the date of
scheduled castes or the scheduled tribes. appointment of its first meeting and no longer.
• Not less than one-third (including the number 2. No amendment of any law for the time being
of seats reserved for women belonging to the in force shall have the effect of causing
scheduled castes and the scheduled tribes) of dissolution of a panchayat at any level, which
the total number of seats to be filled by direct is functioning immediately before such
election in every panchayat shall be reserved amendment till the expiry of its duration
for women. specified in clause (1).
• Such seats may be allotted by rotation to 3. An election to constitute a panchayat shall be
different constituencies in a panchayat. completed:
• The offices of the chairpersons in the (a) Before expiry of its duration specified in
panchayats at the village or any other level clause (1):
shall be reserved for the scheduled castes, the (b) Before expiry of a period of six months
scheduled tribes and women in a manner as from the date of its dissolution provided
the legislature of a state may, by law, provide, that where the remainder of the period for
provided that the number of offices of which the dissolved panchayat would have
chairpersons reserved for the scheduled sates continued is less than six months, it shall
and the scheduled tribes in the panchayats at not be necessary to hold any election
each level in my state shall bear, the same under the clause for constituting the
proportion to the total number of suit offices panchayat for such a period.
in the panchayats attach level : the population 4. A panchayat constituted upon the dissolution
of the scheduled castes in the state or of the of a panchayat before the shall continue only
scheduled tribes in the state bears to the total for the remainder of the period for which the
population of the state, provided further that dissolved panchayat would have continued
not less than one-third of the total number of under clause (1) had it not been so dissolved.
offices of chairpersons in the panchayats at (CSPE-2016)
each level are reserved for women, provided
ARTICLE 243F: DISQUALIFICATIONS FOR
also that the number of offices reserved under
MEMBERSHIP
this clause shall be allotted by rotation to
different panchayats at each level. (1) A person shall be disqualified for being
• The reservation of seats under clauses (1) and chosen as a member of a panchayat: -
(2) and the reservations of offices of (a) If he or she is so disqualified by or under
chairpersons (other than the reservation for any law for the time being in force for the
women) under clause (4) shall cease to have purposes of election to the legislature of
effect on the expiry of the period specified in the state concerned, provided that no
Article 334. person shall be disqualified on the ground
• Nothing in this part shall prevent the that he or she is less than 25 years of age,
legislature of a stare from making any if he or she has attained the age of 21
provision for reservation of seats in any years,
panchayat or offices of chairpersons in the (b) If he or she is so disqualified by or under
panchayats at any level in favour of the any law made by the state legislature.
backward class of citizens. (2) If any question arises as to whether a
member of the panchayat has become
ARTICLE 243E: DURATION OF PANCHAYATS, ETC.
subject to any of the disqualifications
1. Every panchayat, unless sooner dissolved mentioned in clause (I). The question shall
under any law for the time being in force, shall be referred for the decision of such
authority and in such manner as the ARTICLE 2431: CONSTITUTION OF FINANCE
legislature of a state may, by law, provide COMMISSION TO REVIEW FINANCIAL POSITION
ART. 243G: POWERS, AUTHORITY AND (1) The governor of a state shall, as soon as
RESPONSIBILITIES OF PANCHAYATS may be within one year from the
commencement of the Constitution
This is subject to the provisions of the
(Seventy-third Amendment) Act, 1992.
Constitution, the legislature of a state may, endow
(2) And thereafter at the expiry of every
the panchayats with such powers and authority is
fifth year, constitute a finance
may be necessary to enable them to function as
commission to review the financial
institutions of self-government and such law may
position of the panchayats and make
contain provisions for the devolution of powers
recommendations to the governor is
and responsibilities upon panchayats at
to:
appropriate levels, subjected to such conditions
(i) The principles which should govern:
may be specified therein, with respect to:
i. The distribution between the state and
(a) The preparation of plans for the the panchayats of the net proceeds of
economic development and social the taxes, duties, tolls and fess leviable
justice. by the state, which may be divided
(b) The implementation of the between them under this part and the
schemes for economic allocation between the panchayats at
development and social justice as all levels of their respective shares of
may be entrusted to them including such proceeds:
those in relation to the matters ii. The determination of the taxes, duties,
listed in the eleventh schedule. tolls and fees which may be assigned
to, or appropriated by, the panchayat;
ARTICLE 243H: POWERS TO IMPOSE TAXES BY,
and
AND FUNDS OF THE PANCHAYATS
iii. The grants-in-aid to the panchayats
The legislature of a state may, by law: from the Consolidated Fund of the
State
(a) Anchorite a panchayat to levy, collect
(ii) The measures needed to improve the
and appropriate such taxes, duties,
financial position of the panchayats.
tolls and fees according to such
Any other matter referred to the
procedure and subject to such limits.
finance commission by the governor in
(b) Assign to a panchayat such taxes,
the intersects of sound finance of the
duties, rolls and fees levied and
panchayats.
collected by the state Government for
(3) "The legislature of a state may. by law,
such purposes and subject to such
provide for the composition of the
conditions and limits.
commission, the qualifications which
(c) Provide for making such grants-in-aid
shall be requisite for appointment as
to panchayats from the Consolidated
members thereof and the manner in
Fund of the State.
which they shall be selected
(d) Provide for constitution of such funds
(4) The commission shall determine their
for crediting all money received,
procedure and shall have such powers
respectively, by or on behalf of the
in the performance of their functions
panchayats and also for the withdrawal
as the legislature of the state my by
of such money.
law, confer on them.
(5) The governor shall cause every ARTICLE 243L: APPLICATION FOR UNION
recommendation made by the TERRITORIES
commission under this article together
• The provisions of this part shall apply to the
with an explanatory memorandum as
union territories and shall. In their application
to the action taken thereon to be laid
to a union territory, have effect as if the
before the legislature of the state.
references to the governor of a state were
ARTICLE 243): AUDIT OF ACCOUNTS OF references to the administrator of the union
PANCHAYATS territory appointed under Article 259.
• References to the legislature or the legislative
The legislature of a state may, by law, makes
Assembly of a state were references in
provisions with respect to the maintenance of
relations to a union territory having a
accounts by the panchayats and the auditing of
legislative assembly, to that legislative
such accounts.
assembly:
ARTICLE 243K: ELECTIONS TO THE PANCHAYATS • Provided that the president may, by public
notification direct that the provisions of this
(i) The superintendence, direction and
part shall apply to any iinion territory or part
control of the preparation of electoral rolls
thereof subject to such exceptions and
for, and the conduct of all elections to the
modifications as he or she may specify in the
panchayats shall be vested in a state
notification.
election commission consisting of a state
election commissioner to be appointed by ARTICLE 243M: PART NOT TO APPLY TO CERTAIN
the governor AREAS
(ii) Subject to the provisions of any law made
1. Nothing in this part shall apply to the
by the legislature of a state, the conditions
scheduled areas referred to in clause (1),
of service and tenure of office of the state
and the tribal Areas referred to in clause
election commissioner shall be such as the
(2). of Article 144.
governor way by rule determine provided
2. (2) Nothing in this part shall apply to:
that the state election commissioner shall
(a) "The states of Nagaland, Meghalaya and
not be removed from his office except in
Mizoram; and
like manner and on the like grounds as
(b) The hill areas in the state of Manipur for
judge of a high court and the conditions of
which district councils exist under any law
service of the state election commissioner
for the time being in force.
shall not be varied to his disadvantage
after his appointment. 3. Nothing in this part:
(iii) The governor of a state shall, when so
(a) Relating to Panchayats at the district level
requested by the state election
shall apply to the hill areas of the district of
commission, make available to the state
Darjeeling in the state of West Bengal for
election commission such staff as may be
which Darjeeling Gorkha Hill Council exists
necessary for the discharge of the
under any law for the time being in force;
functions conferred on the state election
(b) Shall be construed to affect the functions
commission by clause (1).
and powers of the Darjeeling Gorkha Hill
(iv) Subject to the provisions of this
Council constituted under such law.
constitution, the legislature of a state may,
by law, make provisions with respect to all 4. Notwithstanding anything in this Constitution –
matters relating to, or in connection with
(a) The legislature of a state referred to in sub-
elections to the panchayats.
clause (a) of clause (2) may, by law, extend
this part to that state, except the areas, if Sansad Adarsh Gram Yojana
any, referred to in clause (1), if the
Overview: The government has launched
legislative assembly of that state passes a
ambitious village development scheme, called
resolution to that effect by a majority of
Sansad Adarsh Gram Yojana on 11 October 2014,
the total membership of that house and by
the birth anniversary of social activist Jaiprakash
a majority of nor less than two-thirds of the
Narayan. Under the scheme, each Member of
members of that house present and voting.
Parliament will take the responsibility of
(b) Parliament may, by law, extend the
developing physical and institutional
provisions of this part to the scheduled
infrastructure in three villages and turn them into
areas and the tribal areas referred to in
model villages by 2019.
clause (1) subject to such exceptions and
modifications as may be specified in such Sansad Adarsh Gram Yojana is a rural
law and no such law shall be deemed to be development and cleanliness programme broadly
an amendment of this Constitution for the focusing upon the development in the villages
purposes of Article 368. which includes social development, cultural
development and spread motivation among the
ARTICLE 243N: CONTINUANCE OF EXISTING LAWS
people on social mobilisation of the village
AND PANCHAYATS
community.
• Notwithstanding anything in this part, any
Sansad Adarsh Gram Yojana was initiated to bring
provision of any law relating to panchayats in
the member of parliament of all the political
force in a state immediately before the
parties under the same umbrella while taking the
commencement of the Constitution (Seventy-
responsibility of developing physical and
third Amendment) Act, 1992.
institutional infrastructure in villages and turn
• This Act is inconsistent with the provisions of
them into model villages,
this part, shall continue to be in force until
amended or repeated by a competent Salient Features
legislature or other competent authority or
• Under this scheme villages will be offered
until the expiration of one year from such
smart schools, universal access to basic health
commencement, whichever is earlier.
facilities and Pucca housing to homeless
ARTICLE 2430: BAR TO INTERFERENCE BY COURTS villagers.
IN ELECTORAL MATTERS • A Gram Panchayat would be the basic unit. It
will have a population of 3,000-5,000 in plain
Notwithstanding anything in this Constitution:
areas and 1,000-3,000 in hilly, tribal and
(a) The validity of any law relating to the difficult areas.
delimitation of constituencies or the allotment • The MP would be free to identify a suitable
of seats to such constituencies, made or Gram Panchayat for being developed 2 Adarsh
purporting to be made under Article 243K, Gram, other than his/her spouse.
shall not be called in question in any court. • There are 2,65,000 Gram Panchayats in India.
(b) No election to any panchayat shall be called in Primarily, the goal was to develop three
question except by an election petition Adarsh Grams by March 2019, if which one
presented to such authority and in such would be achieved by 2016.
manner as is provided for by or under any law • Thereafter, five such Adarsh Grams (one per
made by the legislature of a state. year) will be selected and developed by 2024.
CENTRE-STATE RELATIONS Centre-State Financial Relations
Distribution of Legislative Subjects Taxes Levied by the Centre but Collected and
Appropriated by the States (Article 268)
Union List
• Stamp duties on bills of exchange. cheques,
• The Parliament has exclusive powers to make
promissory notes, policies of insurance,
laws with respect to any of the matters
transfer of shares and others,
enumerated in the Union List.
• Excise duties on medicinal and toilet
• This list has at present 100 subjects (originally
preparations containing alcohol and narcotics.
97 subjects) like defence, banking, foreign
• Service Tax Levied by the Centre and Collected
affairs, currency, atomic energy, insurance,
and Appropriated by the Centre and the States
communication, inter-state trade and
(Article 268A)
commerce and so on. Service Tax is the latest
• This category includes taxes levied on the
addition (2003).
services.
State List • These are levied by the Centre and principles
of their collection and appropriation are
• Scare legislature has 'in normal circumstances
formulated by the Parliament
exclusive powers to make laws with respect to
any of the matters enumerated in the State Taxes Levied and Collected by the Centre but
List. Assigned to the States (Article 269)
• This list has at present 61 subjects (originally
• Taxes on the sale or purchase of goods (other
66 subjects) like public order and police, public
than newspapers) in the course of inter-state
health and sanitation, agriculture, prisons,
trade or commerce.
local government, fisheries
• Taxes on the consignment of goods in the
Concurrent List course of inter-stare trade or commerce.
• Both the Parliament and state legislature can Taxes Levied and Collected by the Centre but
make laws with respect to any of the matters Distributed between the Centre and the States
enumerated in the Concurrent List. (Article 270)
• However, in case of a conflict between the
• Duties and taxes referred to in Articles 268,
Central law and the law on a subject
268-A and 269.
enumerated in this list, the Central law prevails
• Surcharge on taxes and duties referred to in
over the state law.
Article 271 and any cess levied for specific
• This list has at present 52 subjects (originally
purposes.
47 subjects) like criminal law and procedure,
civil procedure, marriage and divorce, forests, Surcharge on Taxes and Duties for Purposes of
education, economic and social planning, the Centre (Article 271)
drugs, newspapers, books and printing press
• The Parliament can, at any time, levy the
and others.
surcharges on taxes and duties referred to in
• The 42nd amendment Act of 1976 transferred
Articles 269 and 270.
five subjects to concurrent list from State list,
• The proceeds of such surcharges go to the
i.e. (a) education, (b) forests, (c) weights and
Centre exclusively. In other words, the states
measures, (d) protection of wild animals and
have no share in these surcharges.
birds and (e) administration of justice,
constitution and organisation of all courts
except the Supreme Court and the High Court.
Taxes Levied and Collected and Retained by Article 324 of the Constitution has made the following
States provisions with regard to the composition of Election
Commission:
• Capitation taxes, duties on succession to
agricultural land, estate duty on agricultural • The Chief Election Commissioner and such number
of other election commissioners as specified by the
land, land revenue, taxes on agricultural
President from time to time, are part of the
income, taxes on land and buildings, taxes on
Election Commission.
mineral rights, taxes on the consumption or • The appointment of the Chief Election
sale of electricity, taxes on vehicles, taxes on Commissioner and other election commissioners
the sale and purchase of goods (other than shall be made by the President.
newspapers), for example, sales tax, tolls, • When any other election commissioner is so
taxes on professions, trades, callings and appointed, the Chief Election Commissioner can
employment. appoint as many regional commissioners as he may
deem required to id the Election Commission,
ELECTION COMMISSION OF INDIA • The condition of service and tenure of office of the
election commissioners and the regional
commissioners shall be determined by the
• The Election Commission of India is an President.
autonomous, quasi-judiciary constitutional body of
Independence of the Commission
India
• Its mission is to conduct free and fair elections in • Under Article 324, the Constitution has made the
India, following provisions to safeguard and ensure the
• It was established on 25 January 1950 under Article independent and impartial functioning of the
324 of the Constitution of India commission:
• The Election Commission is one of the four pillars (a) The Chief Election Commissioner is provided
of the Indian Constitution, the other three being with the security of tenure. He or she cannot
the Supreme Court of India, the Union Public be removed from the office expect in same
Service Commission and the Comptroller and manner and on the same grounds as a judge of
Auditor-General of India. the Supreme Court of India.
• The commission presently consists of a Chief (b) The service conditions of the Chief Election
Election Commissioner and two election Commissioner cannot be varied to his
commissioners. disadvantage after his appointment.
• Until October 1989. There was just one Chief
Any other election commissioner or a regional
Election Commissioner. In 1989, two election
commissioner cannot be removed from the office
commissioners were appointed, but were removed
except on the recommendation of the Chief Election
again in January 1990. In 1991, however, the
Commissioner:
Parliament of India passed a law providing for the
appointment of two election commissioners. This
law was amended and renamed in 1993 as the
Chief Election Commissioner and other Election
Commissioners (Conditions of Service)
Amendment Act 1993.
• The current Chief Election Commissioner is Dr.
Nasim Ahmad Zaidi.
• The current Election Commissioners are: Achal
Kumar Joti and S.Y. Quraishi.
Composition
Chief Election Commissioners of India
OFFICIAL LANGUAGES