Constitution of India

CONSTITUTION OF INDIA
Constitution is a document containing rules and regulations
to govern a nation.

Functions of a constitution
• It provides the basic structure of the political system
• It reflects the aspirations of the people
• It reflects the vision of the founding fathers
• It is the link between the people and the government
• It provides guidance to govern the state

The Constituent Assembly / Framing of Indian Constitution

The task of framing the constitution is given to set of eminent people who
are popularly elected. This group of people is together called the Constituent
assembly

• A constituent assembly is a body or assembly of representatives composed

for the purpose of drafting or adopting a constitution. A constituent
assembly is a form of representative democracy.
• The Constituent Assembly of India was elected to write the Constitution of
India, and served as its first Parliament as an independent nation. It was set
up as a result of negotiations between the leaders of the Indian
independence movement and members of the British Cabinet Mission.
• The constituent assembly was elected indirectly by the members of the
Provincial legislative assembly, which existed under the British Raj.
• It first met on December 9, 1946, in Delhi. On August 15, 1947, India
became an independent nation, and the Constituent Assembly started
functioning as India's Parliament.
• Dr. B.R. Ambedkar drafted the Constitution of India in conjunction with
the requisite deliberations and debates in the Constituent Assembly.
• The Assembly approved the Constitution on November 26, 1949 and it
took effect on January 26, 1950 — a day now commemorated as Republic
Day in India.
• Once the Constitution took effect, the Constituent Assembly became the
Provisional Parliament of India. (It was "provisional" until the first elections
under the new Constitution took place, in 1952.

Preamble to the Constitution (S3DR JLEF)

• Preamble is an introductory section of the document which explains the

document’s purpose and underlying philosophy
• Though it comes in the beginning, it was included at the end after
thorough discussion

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 Constitution of India
• Preamble is not legally binding but used to explain and interpret other
parts of the constitution.

Preamble begins with

• 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;

Preamble ends with

• IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

Explanation of Preamble:

We the people of India

• Constitution gets it authority from the people.
• Representatives of all sections of people involved in its preparation.

Sovereignty
• Complete independence
• No country has right to interfere in internal or external policies of the
state.

Socialism
• It means a system of government where the means of production and
distribution of goods are wholly or partly controlled by state.
• Industrial, financial, educational, health and other institutions are run by
the government.
• Objective is to reduce the gap between the rich and the poor.

Secularism
• Does not mean going against God or lack of belief in God.
• It means state has no religion.
• State protects all religion and does not make discrimination between
religions.
• All people enjoy equal status, honour, dignity and rights irrespective of the
religion

Democracy
• For the people, by the people, of the people

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• People elect representatives to govern
Franchise (All persons above the age
representatives)
• In addition to political democracy, it
(Entitlement to social justice and welfare)
economic opportunities and rights)
Constitution of India
on the basis of Universal Adult
of 18 can vote to elect the
also includes Social Democracy
and economic democracy (equal

Liberty
• Freedom of
– Thought
– Expression and
– Belief
• Included in Fundamental rights.
• Liberty to live in any part of India
• Liberty to earn one’s own livelihood.

Equality
• Equality before law
• No discrimination allowed on the basis of caste, creed, religion, economic
and social status, language and gender

Justice
• Political justice (Free to vote as well as to contest in election)
• Economic justice (Narrow down the gap between rich and poor)
• Social justice (discrimination on the basis of caste is illegal and
punishable)

Fraternity
● Constitution aims to promote a feeling of fraternity or brotherhood among
all citizens. Fraternity refers to sense of common brotherhood and
belonging

Dignity of individual
• Dignity of individual is an important concept mentioned in the preamble.
Adequate means of livelihood, better conditions of work, a decent standard
of life free from all sorts of exploitation promote and maintain human
dignity.

Unity and Integrity of nation

• Preamble emphasizes unity integrity of the nation. Integrity means being
whole and undivided. People must stay united to protect the unity and
integrity, especially at times of external attack or internal disturbance.

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 Constitution of India

Salient features of Indian Constitution:

1. Longest written constitution
• Ours is a written constitution whereas as Britain has unwritten
constitution
• Our is the longest written constitution whereas USA has the shortest
constitution
• 444 Articles, 12 Schedules, 94 amendments, 1,17,369 Words, 443 Pages

2. Drawn from different sources

• The best is taken from different sources
• Parliamentary democracy – From British constitution
• Fundamental rights – From constitution of USA
• Emergency powers – From Germany
• Directive principles – From Irish constitution

3. Partly flexible, Partly rigid

• Changes can be brought about in the constitution, so it is flexible
• But Basic structure can not be changed
• Changes require an elaborate process (2/3 majority of both houses of
parliament and some changes requires ratification by not less than half the
state assemblies)

4. Federal in form, Unitary in spirit.

• Federal system means decentralization of power. Powers are distributed
between the central and state government.
• But central government retains the overall control (Unitary)

5. Parliamentary system with elected president as the head

• The government (ministers and executives) get their authority from the
elected bodies, Parliament or state assemblies.
• President is elected in indirect election.

6. Universal Adult Franchise

Every citizen above the age of 18 can vote in the election. Anybody above the
age of 25 can contest for MP or MLA election and anybody over 30 years can
contest for MP (Rajya Sabha) or MLC (Vidhana Parishath)

7. Single citizenship
• All people living in the geographical boundary can have citizenship and
cannot have citizenship of another at the same time.

8. Independent Judiciary
• It provides for a single unified judicial system which is independent.
(Supreme Court, high courts and subordinate courts)

9. Charter of Fundamental rights

• Part III of our constitution discusses fundamental rights. These are
inviolable rights granted to every citizen of India by the constitution. Any law
or executive action cannot take away these rights.

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10. Directive Principles
• These are certain ideals which the framers of the Indian constitution
thought the Indian state must try and achieve for national wellbeing.

11. Fundamental duties

• Added through 42nd amendment
• These are the obligations of the citizens towards the state and other
citizens

Fundamental rights
These are inviolable rights granted to every citizen of India by the
constitution. Any law or executive action cannot take away these rights.
Article 14 to 18 of the constitution deals with fundamental rights

1. Right to equality
Right to equality: Which includes equality before law, prohibition of
discrimination on grounds of religion, race, caste, gender or place of birth,
and equality of opportunity in matters of employment, abolition of
untouchability and abolition of titles. Right to equality is provided from
Article 14 to Article 18 of Indian constitution

2. Right to freedom
• Right to freedom: Which includes freedom of speech and expression,
assembly, association or union or cooperatives, movement, residence, and
right to practice any profession or occupation, right to life and liberty,
protection in respect to conviction in offences and protection against arrest
and detention in certain cases. Right to freedom is provided from Article 19
to 22 of constitution.

3. Right against exploitation

• Right against exploitation: Which prohibits all forms of forced labour, child
labour and traffic of human beings. It is provided under Articles 23 and 24
of Indian constitution.

4. Right to freedom of religion

• Right to freedom of religion: Which includes freedom of conscience and free
profession, practice, and propagation of religion, freedom to manage
religious affairs, freedom from certain taxes and freedom from religious
instructions in certain educational institutes. Article 25 to 28 enumerates
the right to freedom of religion.

5. Cultural and educational rights

• Cultural and Educational rights: Preserve the right of any section of
citizens to conserve their culture, language or script, and right of minorities
to establish and administer educational institutions of their choice. Article
29 and Article 30 of Indian constitution provides for cultural and
educational rights.

6. Right to constitutional remedies

• Right to constitutional remedies: Which is present for enforcement of
Fundamental Rights. It is provided under Article 32 of Indian constitution.

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• If fundamental rights are obstructed by any individual, organisation or
government, the affected person can directly approach the supreme court or
high court

7. Right to education
• Made a fundamental right by 86th amendment in 2002.
• Now the state has a compulsory obligation to provide free education to all
children between the age of 6 and 14 years.
• Right to Education bill was passed in 2009 and came into force from 1st
April 2010.

Are fundamental rights absolute?

• They are not absolute
• Under normal circumstances, the government cannot take away these
rights.
• But if the president of India declares emergency (if he perceives internal or
external threat - article 352), parliament can suspend few or all of the rights
for a short period.

Fundamental duties
• The section "Fundamental Duties' was not a part of the original
constitution. These were added to the Constitution much later by the 42nd
Amendment in 1976.
• There is a major difference between the fundamental rights and the
fundamental duties. The fundamental duties are non-justifiable, that is no
one can be punished in case of their violation or non-compliance.
• The fundamental duties are defined as the moral obligations of all citizens
to help promote a spirit of patriotism and to uphold the unity of India.

Some Fundamental duties

1. to abide by the constitution and respect its ideal and institutions;
2. to cherish and follow the noble ideals which inspired our national struggle
for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do
so;
5. to promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic and regional diversities,
to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes,
rivers, and wild-life and to have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and
reform;
9. to safeguard public property and to abjure violence;

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Directive Principles of State Policy (DPSP)

• These are guidelines for creating a social order in which there would be
social, economic and political justice, liberty, equality, brotherhood and
mentioned in the preamble
• The objective of directive principle is to create a welfare state.

Directive Principles – Examples

• 38: Promote welfare of people and reduce inequality
• 39: Right to adequate livelihood, equal pay, legal help to poor and needy.
• 40: Organisation of village panchayaths.
• ……………..
• ……………..
• …………….

Procedure for Amendment to constitution

• Government introduces a bill in Lok Sabha and Rajya sabha for the
specified amendment.
• For passing the amendment bill, at least half of the members must be
present and at least 2/3 of those present must vote for it.
• Some of the constituent provisions (54 and 55: Election of the president,
73&163: Executive powers etc.) need ratification by not less than half the
state legislatures (presently 14).
• Finally the bill goes to the president who gives assent to the bill and with
that the amendment comes into force.

Some of the amendments

• First amendment (1951) : Abilition of Zamindari system
• 13th (1962): State of Nagaland was formed
• 44th (1962): Right to property was taken out of fundamental right and
made just the legal right.
• 86th (2002) Right to education was included under fundamental rights.

Parliamentary system in India

Government : Government is a body of elected people (in democracy) who

govern.

The 3 Organs of the government

• The Legislature: Loka Sabha and Rajya Sabha at the union government
• Executive: President is the head of government and has the highest
authority. But prime minister and council of ministers are the real
executives
• Judiciary: It is independent and not affected by legislature or executive. It
protects people’s rights and interprets laws.

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Lok Sabha – The lower house

• Composition: At present 545 members

• Different states have different number of MPs (Karnataka 28, UP has
highest 80).
• These MPs are elected from the people and administered oath by the
speaker.

Term
• Normally 5 years
• May be dissolved before the expiry of the term by the president under
special circumstances
• In emergency, the term may be extended by one year at a time.
• Session of the parliament (at least two sessions are to be held in a
calendar year)
• Budget session – February to May
• Monsoon session – July to September
• Winter session – November to December

Lok Sabha – Presiding officer

• Speaker – Elected by the members along with deputy speaker
• Speaker is the Head of the house
• Duty is to conduct the proceedings of the house as per the constitution
• Politically neutral
• Has a casting vote in case of a tie.

Rajya Sabha – Upper house

• Elected from state legislatures in the system of proportional

representation. (12 representatives from Karnataka, 31 representatives from
UP)
• Present strength 245 (233 elected and 12 nominated)

Term
• 6 years
• 1/3 of the members retire every 2 years.
• Retiring members can also contest for the next term.

Rajya Sabha – Presiding officials.

• Vice president is the chairman of the Rajya sabha by virtue of his
position even though he is not a member of either house.
• Deputy chairperson is a member of Rajya Sabha and is elected by the
members
• The term of Chairperson is 5 years.

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Powers and functions of Parliament

Legislative powers
• Make laws to maintain peace, law and order in the country, to bring
efficiency in administration, and to bring about social and economic
changes.
• Can make with respect to subjects in
– Union List
– Concurrent list
– In state list under residuary powers

Financial control
• Parliament establishes control over public finance. It discusses estimates
of receipts and expenditure of the Government of India, popularly termed as
the budget which is presented by the Cabinet. It has powers to impose or
change taxes and voting of grants.
• If the budget is not passed or presented in Parliament due to certain
circumstances, the consolidated fund is used for expenditure, This is called
vote on account

Administrative control
• The governing body, or the government, shares the responsibility of
administration with Parliament.
• The party or the parties that are supported by more than half of the
members of the Lok Sabha form the government.
• The leader of the majority party/parties becomes the prime minister, and
s/he is the real executive.
• He is assisted by the council of ministers.

Constituent powers
• Parliament has powers to change the provisions of the Constitution.
• The amendments have to be initiated either in the Lok Sabha or in the
Rajya Sabha.
• The House later discusses and debates over the proposed amendments
before passing a Bill which needs two thirds majority for passing.

Authority to secure information

• parliament has powers to ask for any information it needs. It is the duty of
the government to provide the needed information precisely within the
specified time.
• At certain times Parliament gets detailed information about the functioning
of certain departments from the governing by demanding a 'white paper'. A
white paper is a detailed report of the functioning of a department or of any
particular issue related to a department.

Conflict Resolution and National Integration

• Parliament is a representative body of many political parties with different
ideologies.
• Tensions and conflicts are common between the parties in Parliament.
• Open debates and discussions on the floor of the House clear suspicion
and resolve many of the conflicts.

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Electoral Function
• The members of Parliament, together with the members of the state
legislative assemblies, elect the highest executive of the nation, the president
of India.
• The members of the two Houses of Parliament elect the vice-president of
India

Judicial Function
• The parliament plays the role of judiciary in investigating charges against
high constitutional authorities like president, vice-president, Supreme Court
and high courts, chief election commissioners, auditor general, and such
others.
• If charges are proved, the president of India is removed by the process of
impeachment and
• judges of the supreme court and high courts can be removed by the
process of address

Training functions
• Parliament serves as a training institution for political leadership.
• Members acquire considerable knowledge and collect information by
participating in debates-and discussions of Parliament and also by serving
in parliamentary committees.
• Parliament helps the prime minister identify ministers and select the
capable personalities to serve as ministers

Sessions in Parliament (3 Sessions : BMW)

Summoning of the house
• After general elections to the Lok Sabha, the newly elected members are
administered the oath by a temporary Speaker who is appointed by the
president.
• Later, the newly constituted Lok Sabha members elect the full-term
Speaker.

President's Address
• The president addresses the joint session sitting of the two Houses at the
commencement of the first session after each general election.
• S/he also addresses both the Houses of Parliament at the commencement
of the first session of each year, i.e. the budget session.
• The address of the president is about the policy statements of the
government.

Motion of thanks
• After the president's address, both the Houses meet in their respective
chambers. Later a discussion on the president's address in held in both the
Houses. The debate on the president's address takes the form of a motion
thanking the president for his/her speech.
• It provides an opportunity for the discussion of matters referred to in the
address. At the end of the discussion, the prime minister replies to the

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debate. Then the motion of thanks is put to vote. After the motion is passed,
it is conveyed to the president

Procedure followed in parliament in making law

• A Bill is the draft of a legislative proposal. It has to pass through various
stages before it becomes an Act of Parliament.

First reading
• The legislative process starts with the introduction of a Bill in either House
of Parliament—Lok Sabha or Rajya Sabha.
• A Bill can be introduced either by a Minister or by a private member. In the
former case it is known as a Government Bill and in the latter case it is
known as a Private Member’s Bill.
• It is necessary for a member-in-charge of the Bill to ask for leave to
introduce the Bill. If leave is granted by the House, the Bill is introduced.
This stage is known as the First Reading of the Bill.

Publication in Gazette
• After a Bill has been introduced, it is published in the Official Gazette.
Even before introduction, a Bill might, with the permission of the Speaker,
be published in the Gazette.

Reference of Bill to Standing Committee ( if necessary)

• After a Bill has been introduced, Presiding Officer of the concerned House
can refer the Bill to the concerned Standing Committee for examination and
make report thereon.
• If a Bill is referred to Standing Committee, the Committee shall consider
the general principles and clauses of the Bill referred to them and make
report thereon..

Second Reading
• The Second Reading consists of consideration of the Bill which is in two
stages.

• First Stage: The first stage consists of general discussion on the Bill as a
whole when the principle underlying the Bill is discussed. At this stage it is
open to the House to refer the Bill to a Select Committee of the House or a
Joint Committee of the two Houses.
• Second Stage: The second stage of the Second Reading consists of
clause-by-clause consideration of the Bill as introduced or as reported by
Select/Joint Committee. Discussion takes place on each clause of the Bill
and amendments to clauses can be moved at this stage

Third Reading
• Thereafter, the member-in-charge can move that the Bill be passed. This
stage is known as the Third Reading of the Bill. At this stage the debate is
confined to arguments either in support or rejection of the Bill without
referring to the details.
• In passing an ordinary Bill, a simple majority of members present and
voting is necessary.

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• But in the case of a Bill to amend the Constitution, a majority of the total
membership of the House must be present and a majority of not less than
two-thirds of the members present and voting is required in each House of
Parliament

Bill in the other House

• After the Bill is passed by one House, it is sent to the other House for
concurrence with a message to that effect, and there also it goes through the
stages described above except the introduction stage.

Money bills
• Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot
make amendments in a Money Bill passed by Lok Sabha and transmitted to
it.
• It can, however, recommend amendments in a Money Bill, but must return
all Money Bills to Lok Sabha within fourteen days from the date of their
receipt. It is open to Lok Sabha to accept or reject any or all of the
recommendations of Rajya Sabha with regard to a Money Bill.

Union Executive
The President
• The president is the head of the Union government. S/he exercises
executive power.
• His/her power extends both to the Union and the state governments. The
president is the head of the state and the first citizen of the country.
• There are basic eligibility criteria for getting elected as a president:
– The person must be a citizen of India.
– S/he must have completed 35 years of age,
– S/he must be qualified to become the member of the Lok Sabha
• The president is elected by an electoral college. The Electoral College
comprises the Lok Sabha, Rajya Sabha and members of the state legislative
assemblies.
• The president holds office for a term of five years, which starts from the
day of his/her taking the oath of office.

• As per the provisions of our Constitution, there is no limitation on the

number of terms for which s/he can hold office. But as a matter of
convention, no president can contest for a third term. (Babu Rajendra
Prasad was an exception. He held the office three times.)

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• S/he is eligible for re-election and can also resign before the term of five
years by submitting a resignation letter to the vice-president.

• S/he can also be removed from office by the process of Impeachment

Powers of The President of India

1. Executive powers
2. Legislative powers
3. Judicial powers
4. Financial powers
5. Diplomatic Powers
6. Military Powers
7. Emergency Powers

Executive powers
• Executive Powers: Article 53 of the Constitution states that the executive
power of the Union is vested in the president.
• S/he is the highest executive of the state.
• S/he appoints the prime minister and, on the latter's advice, the council of
ministers. The president can, on the advice of the prime minister, remove a
minister from his/her post.
• S/he can seek any information from the government. Besides, s/he also
appoints the auditor general, the attorney general, the chief election
commissioner and the chief vigilance commissioners of India.
• The judges of the Supreme Court and high courts are appointed by the
president. The members of Union Public Service Commission, National
Human Rights Commission and Backward Class Commission are also
appointed by the President

Legislative powers
• The president of India has powers to summon and prorogue Parliament
and dissolve the Lok Sabha.
• No Bill becomes a law without his/her assent.
• Money Bills are introduced in the Lok Sabha with the president's consent.
The consent of the president is essential to introduce Bills relating to the
formation of new states, changing boundaries, etc.
• S/he has the power to enact a legal order (Ordinance) when the parliament
is not in session.
• S/he also has the power to nominate two members of Anglo Indian
community to Lok Sabha and 12 members to the Rajya Sabha.

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Judicial Powers
• The president has the power to grant pardon or reduce the punishment
sentenced by the courts.
• S/he is not answerable to any court for the exercise of the powers which
includes duties of his/her office and has the power to seek advice on
constitutional matters, but is not bound to follow them

Financial Powers
• A money Bill cannot be introduced in Parliament without the consent of
the president.
• A statement of the estimated income and expenditure of the Government of
India, known as budget, is placed before Parliament with the consent of the
president.
• The president appoints the members of the Finance Commission and
Planning Commission

Diplomatic Powers
• The president has the power to appoint ambassadors who represent our
country abroad
• S/he receives ambassadors, high commissioners and diplomatic envoys
from other countries. S/he represents the country in international forums
and affairs.
• All treaties and international agreements are concluded in the name of the
president

Military Powers
• The president is the supreme commander of the defence forces.
• S/he has the power to declare war or peace with the approval of the
Cabinet.
• S/he appoints the chiefs to the defence wings, i.e., general, admiral, air
chief marshal and other high post.

Emergency Powers
• The president is vested with emergency powers. S/he can declare three
kinds of emergencies: National emergency, state emergency and financial
emergency.
• Under Article 352 , the president, on the recommendation of the Union
Cabinet, can declare national emergency if there is a threat to India's
security from external attack or aggression

The Vice-President
• The vice-president is elected by an electoral college consisting of the
members of both Houses of Parliament.
• The term of office of the vice-president is five years.

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• The normal function of the vice-president is to act as the chairperson of
the Rajya Sabha.
• S/he can take over the office of he president in the case of the death,
resignation or removal of the president

The Prime Minister

• As per the Indian constitution, the president is the head of the state, but
the prime minister is the head of the government.
• The real executive powers are vested in the prime minister. The success
and the credit of a government largely depend upon the prime minister.

Appointment of prime minister

• The prime minister is the leader of the majority party of the Lok Sabha.
S/he is appointed by the president

The Powers and Functions of the Prime Minister

• The prime minister is the link between the Cabinet and the president.

• The council of ministers is appointed by the president on the advice of the

prime minister.

• On the advice of the prime minister, the president summons and

prorogates Parliament and dissolves the Lok Sabha.

• S/he is mainly responsible for forming the Cabinet.

• S/he presides over Cabinet meetings.

• S/he allots the portfolios of the council of ministers

• The president removes the ministers from the council on the

recommendation of the prime minister.

• All the important policies and decisions are announced by the prime
minister, The prime minister coordinates the work of different departments
and supervises their work to bring efficiency in administration.

• S/he recommends the names of persons to be appointed to the highest

constitutional positions to the president,

• S/he also represents the country at international conferences

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The Council of Minister
• The prime minister is guided and assisted by a team of ministers called the
council ministers. The prime minister is free to select any member of
Parliament to be a minister and recommend such names to the president of
India.
• If the person chosen for the post of a minister is not a member of
Parliament, he must get elected to either of House of Parliament within the
next six months.
• Ministers have individual responsibilities relating to their portfolios or
departments and collective responsibilities as members of the council of
ministers

The Council of Minister

• The prime minister has the powers to allot and change the portfolios of
ministers.

• All ministers do not belong to the same rank. Usually, there are three
categories of ministers:
• Cabinet ministers,

• ministers of state

• and deputy ministers.

• Cabinet ministers are the members of the Cabinet. A Cabinet is an inner
body within the council of ministers. Important decisions and policies of the
government are taken by the Cabinet

• State ministers, and deputy ministers do not attend the cabinet meetings,
unless they are invited to do so

Leader of opposition
• Both Houses of the Parliament have a Leader of the Opposition, who is
chosen from the largest opposition party. The position is recognized by the
Chairman of the Rajya Sabha and the Speaker of the Lok Sabha. The Leader
of the Opposition is accorded certain privileges including a separate room in
the Parliament with Secretariat and other facilities.

Role of leader of opposition

• The incumbent has to offer constructive criticism of government policies.
• He/she has to ensure that House proceeds expeditiously and holds
adequate debate on pressing issues.
• The Leader of the Opposition is expected to apprise the government of the
party’s stand on certain legislations even before the Bill is tabled in the
parliament. This gives government the scope for considering the suggestions
and work towards suggested amendments

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Judiciary

Independent Judiciary
• The judiciary in India has a single, unified structure. In other words, all
the courts of the land interpret and enforce laws made by the state
assemblies as well as the Union Parliament.
• Our judiciary is said to be independent because it can neither be
influenced by the executive nor by the legislative organs of the government.
It functions independently

The Supreme Court

• The Supreme Court is the highest court of appeal in India. It is the
guardian of our Constitution and interprets the constitution.
• The Supreme Court protects the fundamental rights of the citizens.
• It has powers to issue writs and directions to the concerned authorities.

Jurisdiction
• Jurisdiction is the Power that a court of law exercises to carry out
judgments and to enforce laws.
• The supreme court has the following jurisdictions.
– 1. Original jurisdiction
– 2. Appellate jurisdiction
– 3. Advisory jurisdiction
• The Supreme Court has the powers of judicial review. It can declare any
law passed by the legislature as null and void, or unconstitutional.

Composition
• The Supreme Court was inaugurated on 26 January 1950, with seven
judges.
• At present, there are 31 judges in the Court. The Parliament of India,
through amendments, has the powers to either increase or decrease the
number of judges.
• The Court has one chief justice, who is called the chief justice of India.

Qualification
• To be appointed as a judge of the Supreme Court, a person
• must be a citizen of India;
• must have served as a judge in any ofthe high courts for not less than five
years or
• As an advocate in any of the high courts for not less than 10 years, or be a
distinguished jurist.

Appointment
• The chief justice of India is appointed by the president on the advice of the
council of ministers of the Union government.
• The judges of the Supreme Court are appointed by the president on the
recommendations of the council of ministers and the chief justice of India.

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• The judges of the Supreme Court retire at the age of 65 years.
• They can also be removed by the president on proven charges of misuse of
office, misbehavior, or incapacity through a process called 'address'
(impeachment).
• Retired judges of Supreme Court are not allowed to plead or act in any
court of India.

Salary and Allowances

• The salary and allowances of the judges of the Supreme Court are
determined parliament from time to time. Their salaries and allowances are
charged on the consolidated fund of India, and the government does not pay
their salaries. At present the chief justice of India and the judges draw a
salary of Rs 1 lakh and Rs 90,000 respectively.

High courts
• The judiciary in every state has a high court as an apex body. At present,
there ate 21 high courts in the country.
• Former unior territory (now state), Delhi has a high court. All the
remaining Union territories are under the jurisdiction of the high courts of
their adjacent states.
• India has a single, unified judiciary. It has resulted in uniformity in the
organisation of high courts.

Composition
• Each high court has a chief justice and other judges. The president
appoints chief justice of high courts in consultation with chief justice of
supreme court and the governor of the state concerned.
• To be a high court judge, one must be a citizen of India and must have
worked as an advocate in high court for not less than 10 years and must
have held judicial post for not less than 10 years.
• They retire at the age of 62 and can be removed by a process called
― addressǁ by the parliament.

Functions
• The powers of the high courts are limited to the boundaries of the state.
However some high courts have the jurisdictional authority over the
adjoining Union territories as determined by Parliament.
• courts and has control over the subordinate courts
• It supervises the work of the subordinate courts
• The high court protects the fundamental rights of citizens

The Subordinate Court

The District Court
• District courts operate at district level. A district judge is appointed by the
governor of a particular state and s/he is the head of the district court.
• All the lower courts of the district come under jurisdiction of the district
court.

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• It supervises the acts of the lower courts.

Magistrate Court
• Magistrate courts operate at the taluk level. Junior magistrate courts
function in bigger towns and also in the taluks.
• The magistrate and junior magistrates and other judicial persons are
selected by the State Public Service Commission (SPSC) through competitive
examinations, and the high courts have the authority to appoint them

Civil Courts
• Civil courts have jurisdiction in matters relating to land, property and
money transactions,
• It has jurisdiction over matters Such as arbitration, guardianship,
marriages, divorce and cases involving a will.
• Additional district judges are appointed to assist a district judge in civil
courts

Criminal courts
The highest criminal court of the district is the sessions court, presided over
by the district judge, who is also called the sessions judge. It is in these
courts that more serious offences such as robbery, dacoities and murders
are tried

Revenue Court
• They deal with cases relating to the maintenance of land record and the
assessment and collection of land revenue.
• The Deputy Commissioner, at the district level, and the Tehsildar, at the
taluk level, act as judges.
• Above them are the commissioner of the revenue division and revenue
board at the state levels.

The Lok Adalat

• The lok adalat was set up in 1985. A retired judge is appointed as the head
of the Lok adalat. There are no advocates or lawyers here. It was set up to
provide justice at minimum cost.

Consumer Courts
• The objective of the consumer court is to protect the interest of consumers.
The consumer courts are set up at national, state and district levels. There
are no judges or advocates here.
• A consumer forum, constituted by the government, decides the issues on
the basis of the materials and the Bills submitted.
• Parliament passed the Consumer Protection Act in 1986. As per the Act,
consumer protection councils have been established at Central, state and
district levels to promote and protect consumer rights

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Federalism in India

• Federalism refers to distribution of power between central government and

state government.
• For this purpose the areas are kept in three lists for making legislation
1. Union list : For items in this list, only central government can make laws

2. State list : For areas under this list only state government can make
laws

3. Concurrent list : These are areas of common interest where both central
and state government can make laws.

The state Government

State Legislature

• The state legislature consists of the governor, chief minister and council of
ministers.
• A state can either have a unicameral or a bicameral legislature.
• In a bicameral legislature, there are two Houses known as the Legislative
Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)
• Andhra Pradesh, Karnataka, Jammu and Kashmir, Uttar Pradesh, Tamil
Nadu, Bihar and Maharashtra have bicameral legislatures while the rest of
the states have unicameral legislature

The Legislative Assembly, or the Vidhan Sabha

• Members: Members of the legislative assembly (MLAs) are elected through

a system of universal adult franchise.
• All citizens of India who has attained the age of 25 and does not hold an
office of profit are eligible to contest an election.
• Usually, the number of members in an assembly should not be less than
60 and should not exceed 600.
• The size of an assembly is determined by the population of the state.
• Members are elected for a term of 5 years

Presiding officer - speaker

• The speaker of the assembly is the presiding officer of the house.

• S/he is elected by the members of the assembly for a period of five years.
• The speaker of a legislative assembly plays a role that is similar to the
Speaker of the Lok Sabha.

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• The deputy speaker is also elected by members of the assembly. S/he
conducts the sittings in the absence of the speaker.

The Powers and Functions of the Legislative Assembly

• Legislative Function: The assembly has the power to make laws on state
subjects, like police, health, local governance etc.
• The assembly can pass the bill and send to governor for his consent. The
Governor can reserve the bill for the consideration of the president.

Financial Function
• The state budget is introduced in the legislative assembly. When compared
with the legislative council, the assembly has far greater authority over
money Bills.
• Legislative council cannot reject any finance Bill, but can postpone it for a
maximum period of 14 days.

Administrative Function
• The state legislature controls the administration of the state. The executive
body of the state functions as long as it enjoys the confidence of the
assembly. The council of ministers is responsible to the assembly.

Electoral Function
• The legislative assembly takes part in electing the members of the
legislative council, the Rajya sabha and also the president of India

The Legislative Council, or the Vidhan parishad

• Members: The legislative council is partly elected and partly nominated

body.
• One-third of the members of the legislative council are elected from
legislative assembly,
• one-third from local bodies such as municipalities and district boards,
• one-twelfth from the graduate constituency,
• one-twelfth teacher’s constituency and
• one-sixth are nominated by the governor from the fields of literature,
sports, science, arts, social service, etc.

Presiding officer
• The chairperson presides over the meetings of the council.
• S/he is elected by the members. In the absence of the chairperson, the
deputy chairperson conducts the sittings of the House.

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The state executive

The Governor
• The governor of a state is appointed by the president of India on the
recommendation of the union council of ministers.
• S/he enjoys a similar position in the state assembly as does the president
with respect to the parliament.
• S/he is the constitutional head of the state
• S/he exercises power on the advice of the council of ministers of the state

Eligibility
• To be appointed as the governor of a state,
• one must be a citizen of India and
• not less than 35 years of age.
• The person must not be a member of the Union Parliament or any state
legislatures.
• The governor of a state can only be removed by the president of India.

Powers and functions of the Governor

Executive powers
• As an executive head, the governor appoints the chief minister and council
of ministers.
• He appoints members of the state public service commission members and
other high ranking officials on the advice of the council of ministers.

Legislative powers
• The governor has the powers to summon, prorogue and dissolve the
House.
• S/he enjoys the power to nominate members to the council and the
legislative assembly.
• A Bill can not become a law without his consent.

• He can issue ordinances

• Budget can not be presented without his consent.

Financial powers
• Governor appoints members of the state planning and finance
commissions.

Judicial powers
• Appointments, postings and transfers of district judges are made by the
governor.
• He has power to pardon and reduce punishment sentences.

Discretionary powers

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• This power allows the governor the freedom of deciding what should be
done in a particular situation without following the advice of his ministers.
• The governor can recommend to the president to dissolve the assembly,
proclaim an emergency and introduce president's rule in his/her state.

The Chief Minister

• The chief minister is the real head of the state

• S/he is the head of the council of ministers.

• The chief minister is the leader of the majority party of the legislative
assembly.

• The state ministers are appointed by the governor on the advice of the
chief minister.

• The chief minister forms the government with the support of the ministers

• The term of office of the chief minister is five years or till the dissolution of
the assembly.

• The chief minister remains in office as long as s/he enjoys the confidence
of the House and has to resign if his/her party loses majority in the floor of
the House.

• The resignation of the chief minister results in the resignation of the entire
council of ministers

Powers and Functions of the Chief Minister

• S/he forms the ministry with the support of the ministers and allots
portfolios to ministers..

• S/he can reshuffle his ministry as and when s/he likes and may ask
anyone of his colleagues to resign or the chief minister can request the
governor to dismiss him.

• S/he presides over the Cabinet and takes decisions in formulating policies
and programmes..

• S/he supervises and coordinates policies of several ministers and

departments.

• The sessions of the House are summoned and prorogued by the governor
on the advice of the chief minister.

• S/he keeps the legislature and the governor informed of all the decisions,
policies and programmes of the government

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The Council of Ministers
• The chief minister has the discretion to select a group of people who could
assist him to run the government efficiently. This group of selected people
are designated as ministers. These ministers together form the council of
ministers. The council of ministers is appointed by the governor on the
advice of the chief minister.
• Normally, only members of the legislature are appointed as ministers.
However, non-members can also be nominated as ministers, but such
ministers must get elected to either chamber of the legislative assembly
within a period of six months from the date of their appointment

Local Self Governments

Need for local self government

• India is a vast country with many villages. It is quite difficult for either the
Central or the state governments to reach out to people living in the distant
villages of the country.

• India is a democracy too and it seeks to involve the people at the

grassroots level in decision-making. Hence, self-governing bodies, called
local self-governments are encouraged.

• Local governments provide opportunities for people to express their

problems and get those solved at the local level.

Function
• To plan and undertake the developmental works like providing drinking
water, healthcare facilities, housing, education, electricity and sanitation

• To provide facilities for the distribution of essential commodities Iike food

grains, kerosene, etc. (PDS)

• To implement the programmes of the Central and the state governments in

an effective manner

• To maintain and protect panchayat property

• To identify the beneficiaries for the welfare schemes of the government

• To plan and undertake welfare schemes for the benefit of SCs, STs,
women, children and other weaker sections of society

• To collect taxes and penalties

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Financial Sources
• Rent: Local self-governments require huge amounts of money to carry out
welfare programmes and projects. They raise funds through taxes on
property, buildings, vacant sites, shops, markets, to name a few.

• Cess: Local governing bodies collect education cess, health cess, water
cess and reading room cess from local people.

• Grant: Financial grants provided by the state and Central governments

add to their source of revenue.

Gram Sabha
• The gram sabhas function at the village level, All villagers who are above
18 years can take part in a gram sabha meeting. The villagers get together
and discuss the problems of their village and review development work.

Gram Panchayat
• The Constitution has empowered the state governments to form gram
panchayats as the basic unit. The rules and regulations for the composition
and formation of gram panchayats vary from state to state.

• In Karnataka, a village or group of villages with a population between

5,000 and 7,000 can form a village panchayat

Taluk Panchayat, or Panchayat Samiti

• Taluk panchayats are constituted at the taluk level. Voters of the taluk
elect representatives to taluk panchayats.

• The size of the taluk panchayat is based on the population of that taluk.

• In Karnataka, for every 1,000 people of the taluk, one representative is

elected.

• In addition to these elected members, one-fifth of the presidents of gram

panchayats are chosen by lots who also serve as members of taluk
panchayat for one year.

• Reservation is provided to SCs, STs, backward classes and women.

Urban Local Bodies

• To solve the problems of urban areas and to provide good governance with
the participation of the people of that area, many urban local bodies have
been constituted.

• Urban local bodies are classified into town municipalities, or the municipal
councils; city corporations, or mahanagara palikes and and bruhat
mahanagara palikes.

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Functions of Urban Local Bodies

1. Urban Planning including town planning

2. Regulation of land use and construction of buildings

3. Planning for economic and social development

4. Roads and bridges

5. Water Supply for domestic, industrial and commercial purposes

6. Public health, sanitation, conservancy and Solid Waste Management

7. Fire services

8. Urban forestry, protection of the environment and promotion of ecological

aspects

9. Safeguarding the interests of weaker sections of society, including the

handicapped and the mentally retarded

10. Slum improvement and upgradation

11. Urban Poverty Alleviation

12. Provision of urban amenities and facilities such as parks, gardens and
play grounds

13. Promotion of cultural, educational and aesthetic aspects

14. Burials and burial grounds, cremations, cremation ghats/grounds, and

electric crematoria

15. Cattle pounds, prevention of cruelty to animals

16. Vital statistics including registration of birth and deaths

17. Public amenities including street lighting, parking lots, bus stops and
public conveniences

18. Regulation of slaughter houses and tanneries.

Financial Sources
• Taxes collected from house properties, vacant sites, shops and business
establishments

• Income generated through rent of their own property such as market

yards, shopping complex, buildings, community hall, town hall etc.

• Cess: Money collected from water cess, cess on entertainment houses,

entry fees, library and reading room cess, etc.

• Grant: Financial grants from state and Central governments

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Town and City Municipalities (Municipal
Corporations)

• An urban area is classified into a town or a city based upon the population
of the area.

• An area with population between 20,000 and 50,000 is considered a town,

• while an area with population between 50,000 and 3 lakhs is considered to

be a city.

• The town municipality is the self-governing body of the town. Similarly, the
city municipality is the self-governing body of the city.

City Corporation, or Mahanagara Palike

• City corporations, or mahanagara palikes, are formed in bigger cities with
more than 2 lakh population and a total income of more than one crore
rupees,

• The members of the city corporation are directly elected by secret ballot.
All eligible voters whose names are found in the electoral roll elect the
members, who are called corporators.

• The number of corporators varies from corporation to corporation

depending upon the population of that area. The minimum number of
members in the corporation is 30 and the maximum is 100.

• The term of a city corporation is five years. The term can be extended up to
one year by the state government.

Bruhat Bengaluru Mahanagara Palike

The Bruhat Bengaluru Mahanagara Palike (BBMP), is the administrative
body responsible for the civic and infrastructural assets of the Greater
Bangalore metropolitan area.[1]
The BBMP represents the third level of government, (the Central government
and State Government being the first two levels). Bruhat Bangalore
Mahanagara Palike is run by a city council. The city council comprises
elected representatives, called "corporators", one from each of the wards
(localities) of the city. Elections to the council are held once every five years

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The Election Commission of India

• India is a democratic country. Elections are part of the democratic process.

In order to conduct free and fair elections, an independent body named the
Election Commission has been constituted.

• It is headed by chief election commissioner and consists of two election

commissioners. The election commissioners are appointed by the president
and can be removed by the same procedure as that in case of supreme court
judges

Functions of the Election Commission of India (ECI)

• Preparation of electoral rolls

• Revision of electoral rolls

• Determination of population for the purpose of elections

• Election of the president and vice-president

• Superintendence, direction and conduct of all elections to Parliament and

state legislatures

• Deciding the qualifications for the members of Parliament

• Deciding on the composition of the state legislatures

• Deciding the matters relating to reservation of seats to Scheduled Castes

(SCs) and STs

• Ensure an equal chance in participating in the election process to all

political parties.

• Enforce strict observation of model code of conduct during elections

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Union Public Service Commission (UPSC)

• Under Art. 315 of the Indian Constitution Union Public Service

Commission to be constituted for the recruitment of the civil services at the
union level.

• The number of members of the Union Public Service communion is

determined by the President.

• Nearly half of the members of the communion have administrative

experience, while the other half should come from liberal professions like
law, academics etc.

The functions of the UPSC

• To conduct examinations for appointment to the services of the Union and

conduct interviews for direct recruitment.
• To advise on any matter referred to them and on any matter which the
president may refer to the appropriate commission;
• To exercise such additional functions as may be provided for by an Act of
Parliament regarding the services of the Union and also with respect to the
services of any local authority constituted by law; and
• It shall be the duty of the Union Public Service Commission if requested by
any two or more states, to assist those States in framing and operating
schemes of joint recruitment for any service.

Karnataka Public Service Commission (KPSC)

• Role similar to UPSC but at state level

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