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 (A) POLITY BY ABHEY SIR
 1748- Montesquieu wrote “Spirit of laws” in
French. then later people got idea of “
Separation of the powers” ( extension of the
limited powers) to protect the people from
collective tyranny of the state
 1789:-US constitution incorporated separation
of powers ideas (SOP)
 US has complete SOP
 India has partial SOP
o Because the executive is derived from
the legislative
o Executive is responsible to legislative
 Absolute SOP is neither feasible nor even
desirable
 Parliament Session holidays or gap reason :-
 so that the MPs can visit their constituencies
for local work , cannot stay all time in Delhi
 During emergency when the parliament is not
in session:- summon urgent session of
parliament 21 days’ notice and if very urgency
the ordinance power is there
 when the parliament is not in session: it is
necessary that the executive must do the work
of (parliament) legislature
 DOCTRINE OF CHECKS AND
BALANCE
 why – to not let the violation of constitution
happen)
 Legislative and executive are kept and
checked by the judiciary
 President ( executive ) checks the judiciary( by
appointing the judges, pardon powers)
 Legislature check executive by appointing ,
selecting, removing president and others
 So all L+E+J have to play all roles to play in
checking and balancing
 SEPARATION OF E & J
 Before 1973 they were (similar) merged but
after 1973 they got separated. E.G after 1973
the DM separated as Judicial and
administrative magistrate
 1973- parliament amended CPC- Criminal
Procedure Code where all the judicial powers
are written and administrative & judiciary
powers got separated
 Exception:- of issuing Curfew Section 144 are
not separated it is still in Hands Of DC(DM)
 SEPARATION /DIVISION OF POWERS
 L and E into CENTRE & State, but judiciary is
integrated throughout the country
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 TYPES OF MAJORITIES IN INDIA
1.Simple Majority
2.Absolute majority
3.Effective majority
4.Special Majority( further 3 types)
 None of the names are given in the
constitution , even majority word is also
sometimes not used in constitution
 Note:- use constitutional terms in answers , do
not write them just to understand )
A. THE SIMPLE MAJORITY (Functional
Majority):-
 more than 50%+ of the Present and voting
Members
 Large part of the parliaments’ works are done
under this majority
 LOK SABHA = 543 ( 2 Anglo Indians removed)
 Absent = 33
 Abstain =10
 Left present and voting = 500
 Minimum 251 simple majority
 This SM is required for :-
 Ordinary , money , financial bills are passed
by this majority
 No confidence motion and confidence
motion are also passed by this majority
 Censure motion( criticising)
 Adjournment motion
 A proposal to adjourn
 Discussion ends to discuss something else
not setting adjourn
 Speaker , deputy speaker of LS, centre &
State Legislature
 Chairperson , deputy chairperson of
legislative councils
 Deputy chairman of RS ( not chairman
because he is Vice president )
B. ABSOLUTE MAJORITY
 More than half of the total either present or
not , voting or not
 It is of great political significance as it decides
the Govt. To form
 RS= 245/2 = 123
 LS = 543/2 = 272
C. EFFECTIVE MAJORITY
 More than half of the effective strength of the
house
 {Total strength – any vacancy ( vacant seat}
 Needed (LS/RS):- removal time of the speaker ,
deputy speaker, chairperson and deputy
chairperson of legislative councils ( NOTE:-
make correction in laxmikanth book it is
written absolute there but it is effective)
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D. SPECIAL MAJORITY
1. Article 249:- a resolution by Rajya sabha is
passed authorising the parliament to make
special laws in state list if the matter is of
National interest by Special majority

rd
Special majority ≥ 2/3 of the members
present and voting
 Resolution is a motion on which voting is done
2. Article 369 Amendment to constitution
 Special Majority Needed= { ≥ 2/3 of the rd
members present and voting + > absolute
majority ( 50% total) }
 E.g
 Total= 245
 Vacant = 05
 Effective = 240
 Absent = 30
 Present = 210
 Abstain = 30
3. Article 352 :- National emergency is also
announced by this tough majority
4. Removal of all high officials like CAG, UPSC ,
EC) are done by this majority
5. Art 61- Impeachment of President of India
 Only here required ≥ 2/3rd of total
 Toughest majority of Indian Parliament for only
one purpose
TOPIC:THE “PREAMBLE”:-
 WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC
REPUBLIC and to secure to all its citizens:
 JUSTICE, social, economic and political;
 LIBERTY of thought, expression, belief, faith
and worship;
 EQUALITY of status and of opportunity; and to
promote among them all
 FRATERNITY assuring the dignity of the
individual and the unity and integrity of the
Nation;
 IN OUR CONSTITUENT ASSEMBLY this twenty-
sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION
ABOUT PREAMBLE:-
 Note :- Main philosophy of yours as a
professional We cannot solve every problem
100% just make things better
 Ideals :- nature of Indian state = S,S,S,DR
 Aspirations (objective) = justice, equality,
fraternity
 By scholars- preamble is the quintessence of
constitution
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 Supreme court says:- preamble is a key to
unlock the mind of our constitution makers.
When a lot of interpretations in SC going on ,
SC takes then preamble to look into what
interpretation the constitution makers wanted
when making constitution
 Preamble: - is the light house to where I go
and what I do (all doubt clear). It reminds us
the purpose
 UN charter:- We took idea of preamble from
UN charter because it has also preamble
 Indian preamble is finely worded preamble (
the way it is drafted is very beautiful)
 What so great about Indian constitution is that
we have adopted the conditions not adopted
because it is the collective experience of other
countries we learnt what not to do and what
not to have in our country
 Earnest barker the political scientist of UK in
his book “principles of social and political
thinking” , he wrote on the first page the
Indian preamble and he is mentioning that if
you want to write a preamble then write it like
Indian preamble
 Is a preamble a part of the constitution
a) Here no Indian is written so it is a standard
question.
b) It all depends on different countries and
their constitution
c) Also focus on supreme court’s
interpretation about that relative
constitution
d) It also depends upon judgments and
interpretation based on it your answer be
e) Add your own experience and thoughts
into answers by comparing with others
f) United States follows old tradition so
preamble is not a part in US a constitution
g) If preamble gets removed it will have no
impact on practical work because
preamble does nothing as constitution
does like distribution of power giving rights
which are not created by the preamble
h) Preamble does not confer any power to
administration
i) Preamble is not enforceable means non
justifiable in any court of law
j) Preamble do not give you any right so it
will not have any impact if it gets removed
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k) Preamble is just an aspiration if we want to e) It contains the enacting clause that
get justice in the court we can give constitution came to existence on that day
reference to articles of constitution which of 26th November 1949
give rides not preamble
l) Preamble is considered to the other  SOVEREIGN
provisions of the constitution  Neither a dependency nor a dominion of any

m) Preamble is not a part of the constitution other country

in United States as they say preamble is a  1947 to 1950 upto 26 January were dominion

decorative peace ( supreme court) of British

n) India supreme court also had the same  Under the interpretation law of sovereign state

view in Re- berubari union case 1960 the has a power to acquire or cide territory from or
supreme court held preamble as not the to other country
part of Indian constitution  The king George 1947 appointed Raja rajagopal

o) The modern view is that the preamble is a Chari as the governor general so true
part of the constitution of India now independent did not come until the enactment
supreme court started saying that if we of constitution
remove preamble how I interpret the
 SOCIALIST
constitution on the basis of aspiration of
 1976 added
the makers
 Based on Idea of communist socialism like
p) In Keshav Ananda Bharati case 1973
abolition of private property and all means of
supreme court said preamble is an integral
production controlled by the state
part of Indian constitution and it is the key
 However India is different and has different
to unlock the constitution
definition of socialist country
q) We know constitution can be amended by
 India has democratic socialism not communist
parliament
socialism
r) so can the parliament amend the preamble
 All kind of combinations can happen in India
in India- yes after Keshav Ananda Bharati
 Socialism is a just a promise in India to have a
case but there is a condition that
minimum standard of life for everyone
parliament cannot destroy basic structure
 Does it mean we were not a socialist after
of the preamble
1976
 Is a preamble a basic structure
 Preamble does not give right and it does not
 It is a big area of confusion
effective because constitution was there
 Many parts of the preamble announced by
before 1976 we had provisions so it is just a tag
government as basic structure but the whole
given to us in 1976 of a socialist society
preamble is not a basic structure therefore the
 Article 39 clause A,B,C,D also gave some idea
supreme court defines all these things
of socialism in India
 We amended preamble by 42nd amendment
 Why did the socialist right in 1976 why not in
1976 when the words socialist secular and
1950
integrity were added
 Due to non-alliance policy India did not write
 The purpose of preamble why do we have a this word. That time US and Russia were on
preamble cold war because Russia was socialist so if they
a) Constitution dry power from people and it would write then it would be inside of Russia
is told by preamble so India considered not to align in one side and
b) We the people of India we followed known alliance. Dr BR Ambedkar
c) Preamble declares people of India as the said that future generations can have different
ultimate sovereign means highest faith like capitalism socialism and so they let it
authority to people and did not bind it to us in a 1950
d) It contains ideas and aspirations of the
constitution
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 NOTES MADE BY AKASH 7589157201 E-5 BATCH STUDENT 2022
that is the reason the just wrote goals not  LIBERTY
methods like socialism
 Of a thought expression speech belief faith
 1976- emergency happened and state control
worship
and nationalization was happening like
 There are certain things you do freely but some
complete socialism of a communist type
cannot do so it is not absolute freedom we
 It road gives you message that it was a political
have some restrictions
move to give us objective of socialism that it
 Expressions like thoughts come outside by
should be in our mind ultimately
words art sexuality
 We were not truly communist socialist because
may many private entities were existed before  BELIEF
and after independence and in 1990 also
 FAITH
 SECULARISM  Worship is practicing some rituals
 Main Idea separation of power of the church
and the state
 FREEDOM
 article 19 to 22
 In India it is separation of religion and state
 Truly Indian society has a part religion in their  EQUALITY
life so we cannot separate it so better is to  Of status and opportunities
work with it. The Western state could separate
 Article 14 to 18 that is why reservation is given
because they have one religion but in India
state has to work with religion because of  FRATERNITY
variety of culture  Spirit of being together
 So it is also mandatory in India to interfere in a  Still an aspiration for us to achieve
religious matters if necessary for example  Sense of responsibility towards others
triple talaq if a state does not interfere in these  Psychological and emotional conscience
kind of matters there will be again that
orthodox practice like sati  INTEGRITY
 Gandhi said that for people’s progress in India ,  No segregation on territorial basis


religion has to progress
India the state has no religion but has a role in
PART I:- “UNION AND ITS
every religion TERRITORY” OF INDIA:-
 The Atal Bihari Vajpayee told sarv Dharm
samvat used to say at a place of secular
1. ARTICLE 1 READ FROM CONSTITUTION
 Why federation is not there written why
 DEMOCRATIC union is written
 Demo means people and cratic is a Greek word  As federation is basic part of Indian
kratos which means rule constitution supreme court said federal base
 The decisions that affect people are taken by was United States so if you are like United
people States you are federal so we are not federal so
 Political sovereignty lie with people we are union so we're avoided it
 As a United States was created when 13
 REPUBLIC colonies came together but India is not created
 Head of the state is elected by some action
 JUSTICE  United state is indestructible with
 No bias no discrimination indestructible state
 But India is indestructible union with
 Social economic political justice
destructible States
 Derived from USSR constitution now Russia
 But United States also says union not
actually during Russian revolution or USSR
federation
revolution
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 According to article 1 of constitution the term  So , Art-368 applied here
union has two fold meanings  Megan Bhai Case 1969
 India is not the result or was created by result  No Art-368 border dispute (read online)
of free well of states coming together to form a  Three situations
federation hence the states do not have the 1. Border dispute :- No Art-368 , executive
right to secede but union can break them order
 The term union and clouds only the states and 2. Internal:-ordinary law
not the union territories where as it is the term 3. Acquiring / ceding territory:-Art-368
territory of India with includes both  Land boundary agreement with Bangladesh
th
2. Art-2  100 CAA under Art-368

 Admit and establish

 Admit:- that exists outside and has to
admit union by war or treaty to make a
state
 Establish :-a new state that does not exist
as a union of administration the territory
exist by dividing or create a new state by
making together
 This article is a dead article because it is not  No Art-368 was applied here
used practically  HOW STATES & UT CAME INTO EXISTENCE
3. Article 3 read from constitution  1947 to 2022
 How new state or change happened  Almost 600 kingdoms = very complicated
 President → Bill → Parliament→ law → administration
 1950:- 4 categories states
notification in gazette
 Part A = VI
 President can take opinion from the
 Part B :- VII
concerning state but it is not binding in any  Part C:- VIII
house president can initiate the bill with  Part D:- IX
simple majority only  Total 29 in number
 Why new state  Now constitution
 For administrative convenience  9= large british states , practically got
 If it is not a state it is a union territory then independent only these states
 9= large princely states
No bill nothing is required
 10= small states
4. Article 4  1= island Andaman & Nicobar
 Art 2 admit/ establish 1st schedule +  1953= first linguistic state Andhra Pradesh
created
additional charge
 Here problem starts
 Art 3 - internal reorganization 4th schedule(
 States reorganization Act commissioned 1956
need 368 exception)  Faizal Ali Commission
 General rule is 368 not required but exception  4 fold states to now 2 fold states = accepted
is in specific rules of 4th schedule for example language base {rejected one language one
making of state base of creating states}
 Goa and Meghalaya 368 required  Part A+ Part B = 14 states = Part VI {Part VII
empty-deleted}
 Re berubari union case 1960
 Part C + Part D = UTs =6=1956 = Part VIII
 India wanted to give East Pakistan that
{Part V deleted-empty}
time (ceding territory)  Now then Part IX added as Panchayat and
 SC said or advised it is not in Article-2 Municipality & filled
 Establish / admit (not ceding)  At present =

 Art-3:- acquire / Art-1 clause(3) (internal  UT=8, States= 28

matter)  Total = 36
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 TOPIC:- INDIAN CITIZENSHIP
 WHAT IS CITIZENSHIP
 State confers certain rights on you in response
there are duties / obligations are also for you
 Membership to a socio political (entity) called
state that confers certain rights on you in
response duties are also conferred there for
you
 Part II Citizenship {5-11}
 Read article from constitution
 Art-11:- our citizen emerges in this article
 Citizenship Act 195 (in news)
 This law has our rights = statutory right as
right is an idea
 UDHR:- recognises citizenship as a human
right
 Constitution has talked about (only talks
about) rights before constitution people
therefore citizenship Act -1955(that) in which
our present generation citizenship rights
emerge
 TWO PRINCIPLES ARE THERE
1. Jus Soli :-
 right of soil ,
 citizenship of child decided on where he is
born
2. Jus Sanguine:-
 right of the blood ,
 child get citizenship genetically ,
 to whom were you born,
 not depend on birth place,
 child born to citizen is citizen
 USA v/s INDIA
 USA
 has absolute “Jus Soli”
 Any child from anywhere of world if born
in USA is citizen of USA
 INDIA
 Have a child – one parent should be Indian
citizen
 Dec-3-2004:- one parent should be Indian
citizen but other should not be illegal
migrant then child by birth is citizen
 First principle applies “Jus Soli” in India
with sense of “Jus Sanguine”
 Indians have no proof that we are a citizen
of India because it is a right
 We are called as “natural citizens” of India
because (it) birth is not our choice to
(birth) take birth in India
 For outsiders
 Govt. Gives citizenship by registration &
can be taken away
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 However, for Indian natural citizens , no one is
giving citizenship so no one can take away also
 Naturalised citizen:- is a process by which one
can get citizenship of India by registration and
by naturalisation (both are different processes)
 Natural citizen:- by birth & by descent
 THE ACQUISITION OF INDIAN
CITIZENSHIP:-
 The conditions and procedure for acquisition of
Indian citizenship as per the provision of the
Citizenship Act, 1955 are:
1. By Birth {Principle-Jus Soli}
 A person born in India on or after 26th January
1950 but before 1st July, 1987 is citizen of India
by birth irrespective of the nationality of his
parents
 A person born in India on or after 1st July,1987
but before 3rd December, 2004 is considered
citizen of India by birth if either of his parents
is a citizen of India at the time of his birth
 A person born in India on or after 3rd
December, 2004 is considered citizen of India
by birth if both the parents are citizens of India
or one of the parents is a citizen of India and
the other is not an illegal migrant at the time of
his birth
 An illegal migrant is a foreigner who entered
India:
(i) without a valid passport or other prescribed
travel documents; or
(ii) with a valid passport or prescribed
documents but stays beyond the permitted
period
 Provided that any person belonging to Hindu,
Sikh, Buddhist, Jain, Parsi or Christian
community from Afghanistan, Bangladesh or
Pakistan, who entered into India on or before
the 31st day of December, 2014 shall not be
treated as illegal migrant
2. By Descent {Principle-Jus Sanguine}
 No soil, blood but have some relationship with
India like by marriage etc
 A person born outside India on or after 26th
January 1950 but before 10th December 1992
is a citizen of India by descent, if his father was
a citizen of India by birth at the time of his
birth.
 A person born outside India on or after 10th
December 1992 but before 3rd December,
2004, is considered as a citizen of India if either
of his parents was a citizen of India by birth at
the time of his birth
 In the above two cases, if the parent was a
citizen of India by descent, the person shall
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 NOTES MADE BY AKASH 7589157201 E-5 BATCH STUDENT 2022
not be a citizen of India, unless birth is
registered at an Indian Consulate within
one year from the date of birth or with the
permission of the Central Government,
after the expiry of this period.
 A person born outside India on or after 3rd
December, 2004 shall not be a citizen of India,
unless the parents declare that the minor does
not hold passport of another country and his
birth is registered at an Indian consulate within
one year of the date of birth or with the
permission of the Central Government, after
the expiry of this period
3. By Registration
 Persons of Indian origin who are ordinarily
resident in India for SEVEN YEARS before
making application (throughout the period of
twelve months immediately before making
application and for SIX YEARS in the aggregate
in the EIGHT YEARS preceding the twelve
 PIOs who are ordinarily resident in any country
 Persons married to a citizen of India, who are
 Minor children whose both parents are Indian.
 Persons of full age whose both parents are
 Persons of full age who or either of the parents
were earlier citizen of Independent India and is
ordinarily resident in India for TWELVE
MONTHS immediately before making
 Persons of full age and capacity registered as
an OVERSEAS CITIZEN OF INDIA (OCI)
Cardholder for five years and ordinarily
resident in India for TWELVE MONTHS before
making application.
 PIO: A person who, or either of his parents,
was born in undivided India or in such other
territory which became part of India after the
15th day of August, 1947
4. By Naturalisation
 Totally Random outsiders like mother Tarrasa
 Citizenship of India by naturalization can be
acquired by a foreigner (not illegal migrant)
who is ordinarily resident in India for TWELVE
YEARS (throughout the period of twelve
months immediately preceding the date of
application and for ELEVEN YEARS in the
aggregate in the FOURTEEN YEARS preceding
the twelve months) and other qualifications as
specified in Third Schedule to the Act.
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 Provided that, if in the opinion of the Central
Govt. the applicant is a person who has
rendered distinguished service to the cause of
Science, Philosophy, Art, Literature, World
Peace or Human progress generally, it may
waive all or any of the conditions. {govt can
give anyone a citizen without any condition}
 Provided that for the person belonging to
Hindu, Sikh, Buddhist, Jain, Parsi or Christian
community in Afghanistan, Bangladesh or
Pakistan, the aggregate period of residence or
service of Government in India as required
under this clause shall be read as "not less than
five years" in place of "not less than eleven
years.
5. By Incorporation of New Territory
 THE TERMINATION OF INDIAN
CITIZENSHIP:-
1. BY RENUNCIATION –
 Upon registration of the declaration of
renouncing the citizenship of India by a citizen
of India. Minor children of such persons also
cease to be a citizen, with an option to resume
the citizenship of India within one year of
attaining full age.
2. BY TERMINATION –
 Any citizen of India who voluntarily acquires
the citizenship of another country shall cease
to be a citizen of India.
3. BY DEPRIVATION –
 If the citizenship of India is acquired by means
of fraud, false representation or concealment
of facts, or if certain other conditions are met
(e.g. disloyalty, crime, treason etc.) then
Government of India may, by order, deprive
such person of the citizenship.
 OVERSEAS CITIZEN OF INDIA
CARDHOLDER (PREVIOUSLY, OVERSEAS
CITIZEN OF INDIA):-
 Effective 9th January 2015, the PIO Card
scheme has been withdrawn and all existing
PIO Cardholders are deemed to be OCI
Cardholders. The Central Government may
register as an OCI Cardholder
a) any person of full age and capacity,—
(i) who is a citizen of another country, but
was a citizen of India at the time of, or at
any time after the commencement of the
Constitution; or
(ii) who is a citizen of another country, but
was eligible to become a citizen of India at
the time of the commencement of the
Constitution; or
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 NOTES MADE BY AKASH 7589157201 E-5 BATCH STUDENT 2022
(iii) who is a citizen of another country, but
belonged to a territory that became part of
India after the 15th day of August,1947; or
(iv) who is a child or a grandchild or a great
grandchild of such a citizen; or
b) a person, who is a minor child of a person
mentioned in clause (a); or
c) a person, who is a minor child, and whose
both or one of the parents are citizens of
India; or
d) spouse of foreign origin of a citizen of India
or of an OCI Cardholder, whose marriage
has been registered and subsisted for a
continuous period of not less than two
years.
 Provided that no person, who or either of
whose parents or grandparents or great
grandparents is or had been a citizen of
Pakistan, Bangladesh or such other country as
the Central Government may, by notification in
the Official Gazette, specify, shall be eligible for
registration as an OCI Cardholder.
 Notwithstanding any of these provisions, the
Central Government may, if it is satisfied that
special circumstances exist, after recording the
circumstances in writing, register a person as
an OCI Cardholder.
 An OCI Cardholder shall not be entitled to the
following rights conferred on a citizen of
India—
a) Article 16 of the Constitution – equality of
opportunity in matters of public
employment;
b) Article 58 of the Constitution for election
as President;
c) Article 66 of the Constitution for election
as Vice-President;
d) Articles 124 and 217 of the Constitution for
appointment as a Judge of the Supreme
Court and the High Court;
e) Section 16 of Representation of the People
Act (RPA), 1950 in regard to registration as
a voter;
f) Sections 3, 4, 5, 5A and 6 of RPA, 1951 with
regard to eligibility for membership of the
House of the People or the Council of
States, or the Legislative Assembly or the
Legislative Council of a State;
g) Appointment to public services and posts
in connection with affairs of the Union or
of any State except for appointment in
such services and posts as the Central
Government may, by order, specify
 They are provided with a life-long visa to travel
to India and can undertake all activities, except
mountaineering, missionary and research work
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and existing Prohibited Area Permit/Restricted
Area Permit which require specific permit.
They enjoy parity with NRIs in respect of
economic, financial and educational fields
except in relation to acquisition of agricultural
or plantation properties
 NRI:- NON-RESIDENT INDIAN
 Is an Indian citizen living on Indian passport
outside
 RNI:-RESIDENT NON-INDIAN
 E.g:- OCI card – renounced Indian citizen , not
citizen of India
 Resident of India – Income tax Act defined that
Indian who stayed in India for 182 days
 NRC-National register of Citizens (legal word is
NRIC)
 SECTION 14A (CAA-2003):-govt can
compulsory register the citizen in national
register of Citizens
 NRC-Assam-2019:- because of Assam Accord
1985- agreement b/w Assam student union v/s
Govt due to Bangladeshi migrants
 Order by SC 2017:- on demand of Student
Union Of Assam
THE ELECTIONS:PART XV
 all elections types
1. general:- at end of the term
2. midterm:- before end of term
3. by poll or bye poll :- when seat is vacant
 Election commission {EC} is observing the
conduction of elections {conduct of elections is
practically done by civil servants
 PROVISIONS OF ELECTIONS
 Art-324 to Art-329
 Laws
 In judgments
 Conventions
 Not written
 WHY IS EC A CONSTITUTIONAL
BODY:-
 Free & fair elections
 Independent from any political influence
 Democracy constitutional body 
independent  free & fair elections  builds
trust of people  democracy justified
 SUFFRAGE
 Suffrage means
a) To vote:- register into electoral roll
b) To contest election:-register in electoral
roll and can contest anywhere { for LS
anywhere and For Legislative assembly –
register in particular state}
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c) To endorse nomination of candidate :-10
persons signs needed
 Note:-both the two b) + c) are not
available for NRIs. they can only vote
 Right of a person that their opinion or a
particular matter will be considered {BREXIT:-
people gave their opinion}
 In India: - this word is written in “Election
Category”. In India person’s opinion is
considered with respect to representation
 Right to vote is a specific modularity
 Suffrage gives right to vote it is not itself a right  2019:-1.6 crores were total NRI’s during Lok
to vote {note}
 Suspension of right to vote:-who are in
custody/jail cannot vote , however they can
contest elections
 ELECTORAL ROLL (Art 325)(326)
 Article 325
 Elector :- who can vote
 Voter :- who votes
 Every constituency now has a “general
electoral roll”:- only here we can see a citizen
as citizen (without anything or any
discrimination on basis of like woman , SC, ST,
EWS)
 Separate electorates:- on this basis british did
discrimination in India
 Even if person has right to vote Discrimination
is based on
 value of vote
 Separate electorates
 Even BR Ambedkar demanded it but on
based of caste not religion
 {Write in analysis of answers}
 Note:- After 1947:- all made equal for right to
vote but informally still today politics is mainly
based on caste as like vote banks
 Poona Pact-1932:- Gandhi Ji did not support
“Separate electorate based on caste of BR
Ambedkar view and by doing hunger strikes –
Gandhi ji did not let it happen {Poona Pact b/w
both of them} and BR Ambedkar agreed to not
demanding separate electorate but in return
he got “reservation for lower caste”
 Therefore during that time India had joint
electorates not separate electorates
 Art-326
 Citizen register in electoral roll
 Parliament has to make law to disqualify
on the grounds of {RPA-1950}
 Non-residence
 Crime
 Unsound mind
 Corrupt or illegal activities
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RIGHT TO VOTE OF NRI’s
 As per RPA-1950 , they could be disqualified
 However, NRI’s were demanding Suffrage
 2012:- RPA-1950 amended- now NRI’s can
register themselves in “overseas electoral roll”
based on residence but not in “general
electoral roll”
 Now every constituency has
 general electoral roll”
 overseas electoral roll”
sabha elections
 OERs ≡ 1 lakh only registered and only 2500
voted out of it
 So practically overseas electoral roll (OER) is
not working effectively for suffrage. Therefore
for increasing comfort in this system for them
the committee recommended
1. Electoral voting {rejected}
2. Postal ballot {rejected}
3. Proxy ballot {considered}
 During 2017-2018 a bill introduced so that
NRI’s can vote from where are
 Proxy:- when someone votes on behalf of
voter (declared / or nominated by voter in
India)
 Bill of proxy system is passed in Lok Sabha but
still pending in RJ Sabha
 2019:- Lok Sabha dissolved & bill also dissolved
 2022:- rill now No such bill is introduced again
 NOTE in This
 Election commission is capable technologically
and administratively to hold “Postal ballot”
through an online portal called “ETPBS”{which
is currently being used for service voters}
 ETPBS:-electronically transmitted postal ballot
system. Voter takes printout and stamps his
preferable candidate and sends to EC via post
 EC:- is considering now it for NRI where Voter
takes printout and stamps his preferable
candidate and sends to Embassy of India via
post or in person and embassy send it to EC
and told Govt to take it into consideration
 ETPBS:- this suggestion of EC has been rejected
by Ministry of external affairs as ministry gave
some reasons behind this
a) Law & order issue:- as NRIs can gather to
deposit ballots to Embassy
b) Affects relationship:- as how can non-
democratic countries allow democratic
process for another country(India)
 Article 327
1. Empowers parliament to provide by law for the
regulation of
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2. All elections of both houses of parliaments
3. All elections of the __to both houses of state
legislatures
 1 to 3 under RPA 1950,1951
4. Preparation of electoral roll
5. Delimitation of constituencies
 Under Article-81- delimitation can be done by
law made by parliament
 {Need:- population changes for equal
representation , to ensure value of vote. As
one man = one value said by Dr.BR Ambedkar}
 Whenever required:- last 2019 LS Elections ,
delimitation Act,2002 (census 2001 is used)
until after the first census after 2026 most
likely 2031 later etc)
 Jammu and Kashmir:- delimitation based
census 2011. Only for J&K
Article-328
 Power of legislature of state to make provision
with respect to election to such legislature
1. All elections of state {both houses
legislature}
2. Preparation of electoral roll of local body
done by state election commission totally
separate body (not in Art-328) {No power
to delimitation of constituencies}
 State cannot overrule centre law. However,
centre & state both can make laws on state
elections. If centre law is not covering aspects
that state wants, state can make law with
respect to those aspects
 When state and centre both share powers ,
state can only make law when there is a
vacuum in central made law
 Parliament has not made any law or if law
made by it is insufficient – state can make the
law with respect to it {Analysis:- however, so
far , no need as RPA are so comprehensively
written –still not used by any state till now}
Article-329
 Bar to interfere by courts in electoral matters
 Clause a):- prohibits courts from interfering in
the delimitation exercises
 Clause b):-election dispute petition can be
filled before such authority as the law may
provide accordingly RPA-1951 {provides that
election dispute petitions can be filled only
before the concerned High court after
completion of electoral process. In other words
during election process it is entirely under the
control of election commission}
 No court of law can interfere in delimitation
(not challengeable into courts}
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 RPA-1951:- any election dispute go to
concerned state high court {not sub-ordinate
court + not direct SC}
 Only after completion of entire election
process (declaration of results by EC)
 {Not in constitution but in RPA-1951. E.g:- HC
power extended}
 Power of election commission
a) Process starts when election commission
declared procedure
b) Notification by president or governor
related to concerned elections
c) During this process court cannot interfere
in election process ( so putting trust + case)
{Why:- if it happens no elections can take
place as there will be some or other
dispute arise & can interfere in election
process
Article-324
 1991 a law was made
 “The election commission Act-1991” or the EC
(CoS of EG & ToB)Act,1991
 Amended in 1993
 PROVISIONS BEFORE & AFTER LAW
a) Before law
 CEC + ? ECs (presidents pleasure)
 1989:-
 voting age 21 to 18
 first coalition Govt at centre
 1st time:- 2EC were appointed (Sep
1989) and after few months these 2ECs
removed and only CEC(1) is left
 Govt got criticism about the interfere
of GOI into EC
 CEC-judge of SC rank equal
 EC-rank similar to judge of HC
b) 1991 After law
 CEC + 2ECs (not written in law only
convention i.e. very strong convention}
 Rank & status of both equal to judge of SC
 Decision has to be unanimous or based on
the majority when unanimous not happens
 If majority not possible then CEC can cast
vote (means his decision is final
 Purpose of Art-324 :-Independent EC
 Only to stop political influence from outside
on decisions
 Constitutional provisions (CEC)
 CEC removal as same as judge of SC (tough
majority)- not less than 2/3rd _ _ _ _ _
 Govt. Cannot remove you
 ECs:- can be removed on recommendations of
CEC {when asked not binding , not same to
power but required}
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 Therefore, EC cannot be removed by Govt.
Alone
 Service conditions of commissions cannot be
changed to their disadvantage after appointed
 Statutory provisions
 Commissioner = 6yearss , 65 years which
happen earlier
 Rank & status now equal to judge of SC
 Note:- qualification is not mentioned in law or
constitution .So, anybody can be made
 Conventions
 Senior or retired civil servants are appointed
EC with experience they can bring neutrality
{not written anywhere}
 Commission on completion of their term are
not re-appointed (not-written anywhere)
 Only after completion , but if term is left to be
completed , they can be re-appointed like EC
has done some years (<6) can be appointed as
CEC
 RECOMMENDATIONS FOR REFORM
TO ENHANCE AUTONOMY OF EC
 Appointing committee now have:- PM
(nominee) + LOP + Minister = gave
recommendations to the president
 So to take SC judge , civil society
representative so that to build trust & bring
more transparency
 CEC+EC should be removed as same manner
i.e. EC should be removed as equals as CEC as
equals to judge
 After the completion of term:- No office of
profit should be allowed and should not be
allowed to join political party
ADD THIS CASE STUDY OF CEC
M.S.GiLL:- contested election and
became sports minister (congress)
Trust neutrality could be questioned
as justice should be done but should
also be seen to be done
 FIX:- 2EC seats, strength of EC at 2 members
 Like SC expenditure , the administration
expenditure of EC should be charged from
consolidated fund of India like SC
 Case study add:- K.L.Omar v/s R.K.Trivedi
 “Election symbols (R&A) order, 1968” -
challenged in court
 EC has no powers to issue order because

EC is not executive to pass rules & orders
SC said:- whatever is required EC can do
{un-restricted powers EC has reservoir of
power etc}
 Unlimited does not mean restricted but
not by executive, there are other things
can stop you. For example:- EC cannot
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violate constitution, laws, rules,
regulations, court orders, principles of
natural justice
 Court held that the terms S (Superintendence)
, D(direction) and C(control) shall be given
widest possible meaning by the court as such
the powers of EC are unlimited i.e. not limited
by the executive .
 However, there are certain restrictions on
these powers. i.e. constitutional provisions ,
valid electoral laws, RPA , rules & orders ,
judgments of courts & principles of natural
justice
 EC is bound by the existing legal system of the
country, however, in case of absence &
insufficiency of law, EC can exercise its
reservoir of power to fill the gap.
 In other words , the plenary (no restriction)
powers of commission are only to supplement
the existing laws & not to supplant (not
replaced them)
 REGISTRATION-POLITICAL PARTIES
 Election commission gives them recognition
and resist ration is required for every party
 Recognition as in two categories
 NPP-national political parties
 SPP- state political parties
 CRITERIA OF RECOGNITION
 Read by own
 Performance of political party :- depends
upon the seats they get minimum and also
depend upon the popularity of party among
the people by which they can flip the people
and get votes
 NATIONAL PARTIES INDIA (8 IN
NUMBER)
 BJP + INC + TMC + BSPA + NCP + CPI (M) + CPI + NPP
 NCP + CPI + CPI (M)
 These parties do not full fill any criteria but still
are National Parties
 After the election2019 , EC changed the rule
and say recognition will be available one more
term (earlier only 5 years) to get popularity
again
 So now if one time parties cannot perform they
get one chance so practically recognition is now
given for 10 years
 If they again do not get it then will be de-
recognised
 THE BENEFITS OF NATIONAL
RECOGNITION OF PARTIES:-
1. Reserved symbols for these parties - exclusive
right to use a symbol:- as symbol gives identity
to parties
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2. Two copies of electoral roll is free of cost (as
there are many voters and their names are to
be printed on so any pages like in a
constituency 20lakh voters , to print lakhs
pages required so)
3. Land and office accommodation free in
capital(Delhi):-
4. Free Air time:- telecast (TV), broadcast (Radio)
are free, time slot is given on Doordarshan
5. Election countermanded:- If candidates passes
away before poling is not stated and candidate
is nominated/ recognised by national Party
then election is countermanded {means will be
cancelled) and happen only when a national
party brings alternate candidate {therefore
some candidate deliberately get vanished to
get this benefit so it is a problem} {non-
recognised candidate if dies then elections
cannot be countermanded }
6. Star campaigners benefit:- 40 Star
campaigners for recognised parties and 20 for
other non-recognised parties are allowed
 Candidate of recognised parties has benefit
in spending here over non-recognised
party candidate
 Party has no limit to spend money, but
candidate has limit to spend like (20 lakh
for small constituencies, and 70 lakh for
large )
 Star campaigner when comes (like Modi
for UP election for Yogi } for a candidate ,
then party spends not the related
candidate {therefore this is used}{helps the
candidate to get relief from limited
spending}
 Star Campaigner :- decided by parties
7. EVM name preference or ballot paper:-
Names are alphabetically arranged in regional
languages and first names are given to
candidates recognised by national political
parties and then independent candidates
names also given after this in alphabetically
order and at last NOTA
 UNDERSTAND SOME FACTS
 (Ballot Box = Pink Colour)
 EVM = blue colour button (2019 first time
with symbol , photograph of candidate is
also put on EVM as sometimes names or
sir names can be same )
 16th is NOTA and technically 15 names can
be written on EVM one machine and if
candidates increased then next EVM is
attached
 Total:- 4 EVMs can be used only so
technically 60 candidates can contest
{Nizamabad Case} so M3EVM are
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introduced and you can now attach 24
EVM in One set {so maximum 384 now can
contest}
 Problem with more candidates At one
polling Booth :- EVM machines number is a
problem
 Note:- as a govt system creator, systems
are created for the lowest denominator,
means all systems are created or must be
created for low , fool people as because it
can be used by everybody because smart
people already use it
 PROPOSAL:- STATE FUNDING
OF ELECTIONS :-
 Benefit that is discussed but not been given till
now is. This proposed state funding is
considered only for recognised political parties.
If it happens
 Why this is proposal brought so that these
National parties must come under RTI Act
 Case Study behind this proposal
 NGO:- ADR (Association for democratic
reforms ) they filed RTI in 2012 and asked
top 10 donations made to each national
parties (6were there) and none of party
gave this information to ADR. So in 2013
ADR reached CIC ( )(CIC have powers of
court under RTI Act) ,
 CIC gave order that RTI Act is for Public
authorities and these parties are public
authorities under RTI Act section 2(h) on
basis of following reasons
 RTI Act Session 2(h):- Any non-govt
body which receives substantial
funding from Govt is a public authority
 Work for public so you are public
authorities as they by manifesto they
claim to do something for public by
public authority like ministry
 So any authorities which control public
authority is a public authority
 ADR also bring decision of SC judgment
UoI v/s ADR 2002 basis to know
antecedents of candidates so with
same way of political parties
 Parties said they are not public authorities
and not funded by state
 In reality :-Till now no party has given this
information
 Therefore , under RTI Act there is a penalty
of 250rs/day and upper limit is
25000rs/day, and must be paid by PIO of
the parties
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 Parties are so smart they did not appoint
PIOs
 ADR now reached SC
 2015 they filed PIL in SC
 SC issued notice to GOI
 Attorney General – on behalf of GOI said in
SC that political parties are not under RTI
Act and said in SC 4 following arguments
a) Original intent of RTI Act was not for
political parties
b) If political parties are under RTI Act , it
will hamper their smooth functioning
c) If political parties are under RTI ACT,
They will become victims of malafide
acts of RTI ACT {can be a misuse of law}
 {Note for people :- possibility of
misuse of law is not means to change
the law or law is bad , remember in life
this fact even if you are a policy maker.
Therefore, checks and balances are
needed. So governance is to make
system better not perfect}
d) Political parties are already
transparent as they already submitted
there “annual audited accounts” to
Election commission and IT
department
 But the question was about donations to
parties , verification of source is needed {as
donations are tax free so source should be
known so that to verify no one is getting
his black money converted to white by
donations to parties}
 UoI v/s ADR 2002 case behind RTI Act
 SC said RTI is fundamental right of citizens
hence people has a right to know the
antecedents (background) of their
candidates
 CRIMINALIZATION OF POLITICS IN INDIA
 Not yet discussed
 DIRECT DEMOCRACY DEVICES
 “There can be no doubt, that if power is
granted to a body of men, called
Representatives, they, like any other men, will
use their power not for the advantage of the
community but for their own advantage, if
they can.”— James Mill
 Direct Democracy / Pure Democracy– direct
participation of citizens in democratic decision
making, in contrast to representative or
indirect democracy.
 In essence, all laws and policies imposed by
governments are determined by the people
themselves, rather than by the elected
representatives. In a true direct democracy, all
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laws, bills and even court decisions are voted
on by all citizens.
 Thus, direct democracy may be understood as
a full-scale system of political institutions, but
in modern times it most often consists of
specific decision-making institutions within a
broader system of representative democracy.
 Generally, the term ‘Referendum’ is often
used to refer to any proposal where people
directly participate in the process of decision
making – which could be a recall of
representative, an initiative or even a
plebiscite. While this term is used widely as a
catchall term, following instruments of direct
democracy are popular in various countries
and this note attempts to differentiate
amongst them by the purpose and use of the
instrument (Note that the terms may have a
different connotation in different countries):
1. Right to Recall
2. Referendum
3. Initiative
4. Plebiscite
A. RIGHT TO RECALL
 It means the right of the registered voters in a
constituency to de-elect (i.e. remove) their
elected representative on the ground of non-
performance. The legal systems of Switzerland,
United Kingdom, Argentina, Uruguay, some
states of USA & local self-government levels in
India (for example, Panchayats/Municipalities
in Bihar, Jharkhand, Madhya Pradesh,
Chhattisgarh, Rajasthan etc.)provide for such a
right for their citizens. Under this system, after
the completion of a certain period of the term
of the House/Panchayat/Municipality (usually,
about half of the term, but is lesser at times) to
which the representative has been elected, if
not less than certain percentage (usually 10-
25%) of the registered voters give in writing
expressing their desire to recall the elected
representative, then a poll shall be organized
within a stipulated time period. In the polls, if a
majority of the valid votes polled (usually 50-
75%) are in favor of the proposal for recall,
then the representative automatically loses the
membership of the House to which he has
been elected. Subsequently, a bye-election is
held to full up the vacancy.
1. Advantages
 a. It makes the elected representative truly a
representative of the people who elected
her/him to the parliament. It empowers the
citizens vis-à-vis their representative.
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 b. It will make the elected representative
continuously accountable to the people,
instead of being periodically accountable.
 c. The political parties will be forced to
nominate clean candidates to contest election
because of the fear of recall of their members.
2. Issues and Concerns
 The system of popular election in India is First
Past the Post System, wherein it has been
largely observed that almost all the
representatives are elected with less than 50%
votes of their constituencies polled in their
favour. A recall condition of 50% + 1 vote
would mean almost all the representatives will
be recalled. Some major issues are as follows:
a) It may lead to frequent elections being
held in a constituency and in the country as
a whole. This may lead to policy paralysis
on the part of the govt., as the govt. would
be facing continuous selection in the
country. It will empower the people but at
the same time, it will weaken the govt.
b) In a country like India, with a voter turnout
of around 67% in a general election,
frequent elections may further alienate the
people of India from the election process.
c) It may lead to political instability in the
country & govt. may fall because of the
erosion in its membership.
d) For the system to succeed, the people shall
display a measure of political maturity
while voting to elect and remove their
representatives.
e) It may be misused by opposition parties to
de-stabilise the elected representative by
launching a signature campaign.
f) It may cause increased circulation of black
money, corruption & violence in the
country.
g) It may be too impractical to be followed in
a vast country like India with a high
number of registered voters & diversity
among the population.
 Election Commission of India is not in support
of this instrument to be introduced in the Lok
Sabha and Assembly elections in India. It is of
the view that it is not practically possible to
hold bye-elections so frequently.
B. REFERENDUM
 It is an electoral process by which the govt. can
refer any issue of public importance (including
an amendment to the Constitution) to the
people for approval of popular vote. The
outcome of a referendum is legally binding on
the govt. unless the law of the country states
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otherwise. Almost all the countries of
European Union, Switzerland, Columbia, Japan,
Thailand, etc. contain provisions for holding
referendums. The India Against Corruption
movement(which led to the formation of Aam
Aadmi Party) had demanded the introduction
of provisions for holding referendums& for
establishing a Referendum Commission along
the lines of Election Commission to hold
referendums in India.
1. Advantages
a) It is regarded as the purest form of popular
governance. It extends a platform to the
people to directly express their voice on
important national issues. It is one of the most
effective ways of empowering citizens vis-à-vis
the govt.
b) It helps to resolve most ‘difficult-to-decide’
issues amicably.
c) It confers legitimacy to the decisions taken by
the people.
d) It can also help to check any motivated
decisions that the govt. may take.
2. Issues and Concerns
a) A referendum has limitations in terms of
complexity of the questions that can be placed
before the people for vote. Every issue cannot
be reduced to a simple Yes/No.
b) Not all citizens may be able to place the wider
public/national interest above their personal
interest while voting in a referendum. Thus,
the outcome of a referendum may not always
be rational and in the national interest.
c) The outcome of the referendum tends to
reflect the point of view of the majority
community, ignoring the interest of minority
communities. It is, thus, especially unsuitable
to a country having diversity in its population.
d) Voters may make their decisions with relatively
little information &relying on the political
messaging provided by the popular political
leaders.
e) The legitimacy of a referendum is virtually lost
if the margin of approval /disapproval by the
voters is very narrow. Instead of resolving an
issue, it may result in complicating the issue
further.
 A very popular example, in recent times, has
been the Brexit Referendum (The United
Kingdom European Union Membership
Referendum) held in 2016. The referendum
was enabled by an Act of Parliament of UK, and
it saw a voter turnout of about 72%, of which
51.9% voted in favour of leaving the EU.
 In 2014, Scottish Independence Referendum,
legally arranged for by an Act of Scottish
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Parliament, resulted in 55.3% voters rejecting
the question of Scotland becoming an
independent country (and hence, to remain a
part of the United Kingdom).
C. INITIATIVE
 In its truest meaning (direct Initiative), it’s a
kind of referendum proposed by the electorate
& not by the govt. It is an electoral process by
which a certain percentage of voters can
propose a legislation or an issue of public
importance to the vote of the people. In a
variation of the process (indirect Initiative),
firstly the legislature shall consider the
proposed legislation/amendment&
subsequently, the proposal is put to the vote of
people.
 The outcome of an initiative is legally binding
on the govt. The Constitutions of Switzerland &
Uruguay confers the right to initiative on their
citizens. The Treaty of Lisbon, which amended
the treaties that formed the constitutional
basis of the European Union provides for a
right to limited indirect Initiative in the form of
an European Citizens’ Initiative (ECI). Under
this, signatures of 1 Million European Nationals
would give those citizens the right to request
the European Commission (i.e. Executive
branch of EU) to submit a legislative proposal
to the European Council.
 In 2004, the people of Uruguay through an
initiative (with 65% voters’ support) secured a
clause in Uruguay’s Constitution which defines
right to water as a fundamental human right.
This created a foundation for the public
management of water resources based on
principles of social participation and
sustainability. This has set an important
international precedent for an environmental
right to be incorporated in the Constitution of
a country though direct democracy.
D. PLEBISCITE
 The term ‘Plebiscite’ is often used
interchangeably with the term ‘Referendum’.
However, in the specific usage of the term, it is
an instrument through which the people can
exercise the right to ‘Self Determination’.
 Right to Self Determination
 This right is embedded in Article 1 of:
a) The Charter of United Nations,
b) The International Covenant on Economic,
Social and Cultural Rights (1966)
c) The International Covenant on Civil and
Political Rights (1966)
 It is the right of a people to determine its own
destiny. In particular, the principle allows a
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people to choose its own political status and to
determine its own form of economic, cultural
and social development. Exercise of this right
can result in a variety of different outcomes
ranging from political independence through to
full integration within a State. In practice, while
claims to cultural autonomy may be more
readily recognized by States, claims to
independence are more likely to be rejected by
them. Nevertheless, the right to self-
determination is recognized in international
law as a right of process (not of outcome)
belonging to peoples and not to states or
governments.
 Thus, Plebiscite is a kind of referendum held by
the govt. on the strength of the right to self-
determination enjoyed by a section of the
population. A Plebiscite, technically, is held
only on one issue, that is the right to self-
determination. The outcome of a plebiscite
may or may not be binding on the govt.
Though, since a plebiscite has the potential to
endanger the integrity of a country, most legal
systems of the world do not explicitly confer
the right to self-determination to any section
of its population.
 India’s stand on Right to Self
Determination
 Neither the Constitution of India nor any
statute expressly defines the right to self-
determination or explains position of India on
right to self-determination. However, while
becoming party to the human rights covenants
above, India made a declaration at UNGA:
 the Government of the Republic of India
declares that the words ‘the right of self-
determination’ appearing in *this Article+ apply
only to the peoples under foreign domination
and that these words do not apply to sovereign
independent States or to a section of a people
or nation... which is the essence of national
integrity.
 This position, thus, clarifies that right to self-
determination is confined to the specific
context of foreign domination, like colonialism,
and is clearly against its application to
postcolonial and other situations.
 India has also signed The Moscow Declaration,
1993, in Russia. The Declaration recognizes the
threat faced by multi-religious, multi-ethnic &
multi-linguistic States to their territorial
integrity from the forces of aggressive
nationalism and religious fundamentalism. It,
therefore, states that if the Constitution of a
country confers a set of fundamental rightsto
all sections of its population without any
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discrimination and if those rights are
constitutionally protected, then no section of
population enjoys right to self-determination.
 Another perspective refers to the view taken
by Supreme Court of India in Re: Berubari
Union case. The Court clarified that acquisition
and cession of territories is beyond the
Constitution and these aspects are in the realm
of the sovereignty of a State. This view is
particularly germane to the demands for right
to self-determination and secession of
territories. When it is a sovereign right to cede
a part of the territory, it cannot be a crime to
demand that the Indian state cede a territory
to a particular group of people living on Indian
territory. It is for the Indian government to
decide whether to yield to that demand or not.
Thus, it is the political process that determines
the success or failure of such demands.
All classes done of Abhey sir with hand-outs

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