Constitution

CONSTITUTION OF INDIA &
PROFESSIONAL ETHICS
1. INTRODUCTION TO CONSTITUTION OF INDIA
 Meaning of Constitution:
 The word constitution is developed from the word “CONSTITUTE” which means
“to frame” or “to establish” or “to compose”. It is a document which contains
the rules and regulations which governs the relationship between the rulers and
the ruled and also among the member of state.
 The idea of having Constitution of India is first moved by M N Roy
 India is referred as Bhatath_under Indian constitution
 India has been declared/described under Article 1 as a Union of states
 IMP Events for the Growth of Constitution:

 1600: 17th Century (1.1.1601 to 31.12.1700)
o Queen Elizabeth passed a charter to establish East India Co.
o Established East India Company in India for the purpose of carryings out
trading
o The Britishers Came to India
o As traders- East India Company is a group of Merchants invested their
shares
o The Company first settled at SURAT
o Mogul Emperor Jahangir granted them land and other requirements
o Gradually they established factories at Bombay, Madras and Calcutta.
o They used called as “PRESIDENCIES”
o Queen Elizabeth granted some legislative powers to the Co. to maintain
discipline among the servants.
 1726- Charter 1726:

o This charter gave powers to Governor to make rules and regulations for the
good governance of the Company in INDIA.
o Also to impose punishment for violation of those rules and regulations.
o For more than 150 years the British East India Co. just concentrates on
trading only
 1757-Plassey Battle:
o After the death Strong Moghul Empire Aurangzeb Moguls lost
control over the Indian administration
o The small units called NAWABS started quarrelling and fighting each other
to take control over the other provinces
o The East India Company took full advantage of this chaotic situation
o For the first time in INDIA the Company defeated the Bengal Nawab
SIRAJUDULLA
in famous Battle known as Plassey Battle
o It laid down the foundation for the British Empire/kingdom in India
o It boosted the confidence of the British East India Co to acquire more
22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE
provinces in India.
 1765-Grant of Diwani Rights

o Moghul Emperor Shah Alam granted Diwani rights to British Company
o Diwani rights-collection of the land revenue in Bengal, Bihar and Orissa.
o This was an important milestone which made British Co to exercise their
power to administer the affairs of the India
o Local Indians appointed to collect the revenue
o The Britishers are supervising the entire administration
o They used to exploit the Indians, there was no control over imposing tax
o There was huge collection of the revenue for the Co.
o In the beginning they used to send the revenue to the Crown/ England
o But after some time the British Company officials started misusing the
revenue income

o Therefore, British officials become richer and richer on the other hand the
East India Co’s income came down drastically/heavily.
o The Company is at the stage of Bankruptcy-PAPAR. The Climax reached
when the Company approached the British Government for a huge loan.
o The British Government suspect the activities of the Co., as the servants
of Company becoming richer whereas the Company heading towards the
Bankruptcy- PAPAR
o So the British Govt. formed a secret committee to inquire in to the affairs
of the Co. in 1772.
o The committee submitted its detail report and suggested to take over the
administration of the affair of the East India Co. by the British
Parliament.
 1773: REGULATING ACT-1773: (first written Document)

o The Acts provide to take over the control of the affairs of the East India
Co. by the British Parliament.
o Under this Act a Govt. was established in India called as Government of
Calcutta
for the First Time in the constitutional history of India.
o An officer called as Governor General was appointed to look after the Co.
affairs.
o Governor General of India was also representatives of British Crown to
Princely states of India and hence known as the Viceroy of India
o Madras and Bombay province brought under the control of the Governor
General of Bengal.
 1784 Pitts India Act, 1784.(Division of Power)

o To remove the defects of Regulating Act, 1773, this act has been passed
o It bifurcated the commercial activities and political activities of the East
India Co.
o The Commercial activities under the control of -Court of Directors
o The Political Activities under the control of Board of Control.
 1833-The Charter 1833

o Governor General of Bengal replaced in the style of the Governor
General of India.
o Governor General in council was formed
o To empower to make laws, rules and regulations for all persons in
India, whither he is a native or a foreigner.
 1857-Mutiny-Sipayi Dange-First war of independence

o Cartridge for the new rifle were greased with the pig and cow fat
o Hindus and Muslim Sipoys were angry with this development
o Mangal Pandey 29 years old sipoy of Bengal Regiment attacked his
British officers
o It followed by the rebel in Meerut and Delhi
o All Indian rulers like Zansi Rani Laxmi Bai and others, individuals were
also participated
o The Britishers learnt a lesson from this mutiny

o Mutiny gave a death blow to the Company Rule in India
o As a result of this British Parliament passed an Act called “The
Government of India Act-1858”.
 1858-The Government of India Act-1858

o This Act put an end to the 258 years rule of East India Co. in India
o Entire Indian administration/affairs of the Company has been
transferred from Company to the British Crown
o On 1858 on words the British Parliament took direct control over
the Indian Administration.

o The Governor general of India has to be submit annual report, Income
and expenditure to the British Parliament
o It is the beginning of another era in Indian constitutional history-the
direct rule of the crown.
 Indian Council Act-1861

o It brought the beginning of the representative government in India
o Established the Government in India
o In the legislature body Indians were associated for the first time to
make rules and regulation.
o Those representatives called non-official members- includes
only native
princes and Zamindars
o The main defect of this Act is unlimited power of the Governor General
o Gradually awareness was created among the Indians because of the
French and American Revolution, about their rights with the growth of
spirit of Nationalism.
o Press/Printing Media in India played a major role to create awareness
among the Indians to have our own Constitution and administration.
 1885-Indian National Congress was founded which led the country in front to
fight against Britishers.
o A.O.Hume, a retired Indian Civil Services officer, General Secretary
o W.C.Bannerjee was the President Founded at Bombay
 Indian Council Act-1892

o Introduced election system partially-Indirect elections
o No public participation
o Number of the representatives increased
 Indian Council Act-1909-Minto Morley Reforms

o Minto Morley reforms implemented by the Indian council Act in 1909
o Introduced separate electorate system for Muslims in India.
o Both voters and candidates were from Muslims Community only
o They completely divided the united Indians on the basis of
community-Muslims and Hindus
 Entry of Mahatma(Mohanadas Karamachand Gandhi 02.10.1869)

o Law Barrister in London during 1915 returned to India,
o Assume the leadership of Congress in 1921
o Fought against the excessive tax and discrimination
o Demanded ‘Self Rule’-Swaraj
o Demanded “Poornaswaraj”
 The Government of India Act-1919(Montague & Chelmsford Reforms)

o A landmark event in the history of Indian Independence
o Increases participations of the Indians in the administration
o Diarchy system of Government introduced in the provinces,
o Diarchy means system of Double government
o Object was to give training to the Indians in administration
o Central Govt. has been established under the direct control of the
British Parliament
o Central Legislative includes
 Upper House-now Rajyasabha
 Lower House-Lok-sabha-have elected representatives

oMain defect is Governor General has overriding power, such as
 Prior approval for introduction of a Bill
 Veto Power- may reject or reserve
 Ordinance making power
 Therefore strongly opposed by the INDIN LEADERS, they
demand for
further reforms.
 The persistent demand by the Indian leaders led the British
Govt sent Simon Commission to study the situation in India.
 1927-SIR JOHN SIMON Commission
o Submitted his report in 1930
o On the basis of his report Govt of India Act-1935 passed with some
changes in the 1919 Act,
 The Government of India Act-1935

o It provided for establishment of All India Federation comprising British
India and other Indian provinces who desires to come into federation.
o It abolishes diarchy at Provinces and introduced Diarchy at the center
o Provided Provincial Autonomy
o Provided Establishment of federal Court
o Establishment of federal legislatures and provincial legislatures
o Distribution of Legislatures power among Centre and Provinces
o But, this Act was strongly opposed by the Indian Leader.
o The demand for self-rule reached the Peak
 1928-Motilal Nehru
o He made first attempt to write Constitution of India
o Rejected by British Crown
 1939-Second world war against Germany, Japan

o Broke out in Europe
o The British Government unanimously declared that INDIA as a
belligerent country at war with Germany
o But the Congress leader apposed as there is no consultation of
Indian leaders including Ministers before declaring so.
o Therefore the British Parliament sent Sir Cripps to India
 1942-SIR STAFFORD CRIPPS-Mission

o Came to negotiate with Indian Leaders
o To secure their co-operation in the World WAR
o By offering that immediately after the end of world war action will be
taken to draft the Constitution of INDIA
o But Indian Leaders not satisfied and rejected the proposal
o After the end of world war-1945 Labour party came in to power in
England
o Labour Party was more sympathetic towards the Indian Condition
o It wanted to solve the problem therefore, sent cabinet mission to India
 1946-CABINET MISSION-3 Ministers of British Government

o Members -Sir Stafford Cripps, Lord Lawrence, Mr.Alexander
o The plan of setting up of a Constituent Assembly to draw up
the future Constitution for India was given by The Cabinet Mission
Plan
o Proposal accepted by Indians
 End of the British Control over India
 To have our own constitution during Jul-1946 Immediately
elections took place to Constituent Assembly
 Constituent Assembly came into existence

 Indian Independence Act-1947
o Passed by British Parliament on 18th Jul,1947, came in to force from
15th Aug, 1947
o Creation of two independent State INDIA and PAKISTHAN
o After 15th August, 1947 declare Independent states
 1947-1950 : CONSTITUENT ASSEMBLY:

 The Members of the Constituent Assembly were Elected by the Provincial
Assemblies
or Legislative assemblies of various provinces
o 9th Dec, 1946 first meeting of Constituent assembly held
o Dr.Rajendra Prasad elected as permanent Chairman later become the
first President of India
o Adopted the “Objective Resolution” of Jawaharlal Nehru which
become the
Preamble of the Indian Constitution
o It held totally 11 sessions
o Assembly sat for 2 years 11months and 18 days
o 24th Jan, 1950 Last sitting of Constituent assembly
 Janaganamana adopted as national Anthem
 Dr.Rajendra Prasad elected as First President of Union India
o Constituent assembly started its work in 1946 and completed its
work in Jan, 1950
 29th Aug, 1947 Constitution Drafting Committee was set up – 7 members

 Dr. Ambedkar-Chairman
 GopalswmyAyyangar
 Alladi Krishnaswamy Iyyangar
 KM Munshi
 Mohammad Sadulla
 Madav Rau N replaced by BL Mittal
 T.T.Krishnamachari replaced by DP Kitan
o Draft Published in Jan, 1948

o 8 months’ time given to people of India to study, discuss the draft to
suggest about the same
o Adopted on 26th Nov,1949 by constituent assembly
o Came into full force from 26th Jan, 1950
o In all Constituent Assembly took 2 years 11 months 18 days to prepare
the CONSTITUTION
o The Constituent Assembly made the Indian constitution
o The Number of Article in Indian Constitution was 395 and now it is 448

2. SALIENT FEATURES OF INDIAN CONSTITUTION:
1. Lengthiest constitution in the world:

 It is a bulky/large document
 All the provisions are in detailed
 Originally -395 articles, 22 parts, 8 schedules
 At present 448 articles, 25 part 12 schedules
2. Written constitution:
 Indian Constitution is Written and bulky document
 All the provision reduced into writing
3. Partly flexible and partly rigid constitution:

 Described on the basis of the nature of method of amendment
 Flexible Constitution means Constitution can be amended easily by adopting a
simple amendment method/procedure by Parliament
 Rigid Constitution because amendment is very difficult, by adopting
Special method - 1/3 of Parliament members should present and vote in
majority.
4. Parliamentary form of Democracy/Government:

 Constitution establishes Parliamentary system of Govt of British Model
 President is Constitutional Head of the state and also nominal head, the real
power is vested with the Council of Minister headed by Prime Minister
 Council of ministers collectively responsible to Lower House of Parliament-
Lokasabha
 Bicameral legislature means Two houses-Lokasabha and Rajyasabha
 Members of LS elected directly by Peoples for 5 years
5. Fundamental Rights:
 FR are part and parcel of Original Constitution under
 Part III, Art.12 to 36
 Totally 6 FRs- Right to Equality, Right to Freedom, Right against Exploitation,
Right to Religion., Cultural and Educational rights of the Minority, Right to
Constitutional Remedy
6. DPSP(Directive Principles of State Policy):

 PART IV, Art.37-51
 Object to established welfare state,
 Can be divide in to 1) Socialistic principle 2) Gandhian Principles 3) Liberal
principles
7. Quasi federal constitution:

 Constitutions of India is Unitary in form but federal inspirit
 Sharing or Distribution of power between the central Govt and the state Gov
tdetermines that Indian Constitution is Federal Constitution and is Based on 3
lists
a) union list b) state list and c) concurrent list
 Under the Indian Constitution the subjects of administration have been
divided in to
three lists- a) union list b) state list and c) concurrent list
 Combination of Unitary and federal form of Govt. with Strong central Govt
at the national level and various state governments
 Unitary during Emergency
 Single citizenship
 Single Constitution both center and state

8. Secularism constitution:
 State has no religion
 All religion equal
9. Independent Judiciary
 Power of Judicial Review
 Equal distance from Legislature and executives
 Impartial decision
 To keep up the confidence of the people there must be independent judiciary
10. Indian Constitution provides Single Citizenship to the citizens
11. Fundamental Duties

 No provision in original constitution
 Inserted 10 FD’s by 42nd Amendment Act, 1976
 Inserted one more FD’s by 86th Amendment Act, 2002
 Now we have totally 11 FD’s
 To remind to the Public about their duties towards the nation because citizens
must observe basic norms of democratic conduct.
3. PREAMBLE OF THE CONSTITUION
3.1 Meaning
 It is a sort of Introduction to Constitution
 The basic features of the Indian Constitution is found in Preamble.
 Preamble is an Important test to identify the basic features of the Constitution
of India
 It Express the wishes and the thought of the Makers of Constitution
 It is a Key to open the minds of the Constitution Makers
 The minds of the makers of Indian Constitution is reflected in Preamble
 The preamble contains in the nutshell the ideals and principles of Members of
the Drafting Committee
 Preamble is on the basis of Nehru’s “Objective Resolution” adopted in first
meeting of the Constituent Assembly-9th Dec.1946
 So far it was amended only once in 42nd amendment Act,1976 inserted 3
words: 1) Secular, 2) Social 3) Integrity
 The ultimate source of authority in India is the people.
 The constitution of India declares India as” a union of states”
 Preamble is the Part and Parcel of Constitution held in Land Mark
Judgment in
KESHAVANANDA BHARATHI case
3.2 Preamble-TEXT- Reads
“We, the People of India having Solemnly resolved to constitute India in to a

1)Sovereign 2)Socialist 3)Secular 4)Democratic 5)Republic and to secure to all its
Citizens:-
 Justice-1) Social, 2) economic and 3) Political;

 Liberty of 1) Thought 2) expression, 3) belief, 4) faith and 5) worship
 Equality of status and opportunity
 and to promote among them all ; Fraternity assuring the dignity of the
Individual and
Unity and the Integrity of the Nation
In our Constituent Assembly on 26th Nov, 1949 do herby adopt, Enact and give
to ourselves this constitution

3.3 Ingredients of Preamble-
 Source of authority
 It states that constitution derives its authority from the people of India-
“We the People”
 Nature of Indian State
 It declares India to be a sovereign, social, secular democratic republican
polity
 Objectives of the Constitution
 It specifies the main objectives of Constitution to give Justice. liberty
and equality to promote fraternity , to protect unity and integrity of
India
 It specify the Date of adoption of the Constitution
 26th Nov, 1949
3.4 Meaning of the Key words of Preamble

 Sovereign/Independent/Autonomous country
 India has Supreme Power
 Absolute and uncontrolled power, no more dependency on any other
country
 No longer under the control of other foreign nation
 India is free and has supreme power to make and take decision upon
the both
internal and external affairs of the Country
 Socialist county
 Inserted by 42nd Amendment, 1976
 Two types of Socialistic
 Communistic socialism –
o Nationalizations of all means of production and distribution
o Abolition of private property
 Democratic socialism
o Mixed economy
o It is a blend of Marxism and Gandhism
o Where both private and government sectors exists side by side
o To end poverty, inequality, ignorance,
 Secular country
 inserted by 42nd Amendment, 1976
 State has no religion
 Secular means-Treating All religions equally irrespective of their strength
 Democratic country
 Democracy- Citizens have Rights of voting, periodical election,
rule of law, independent judiciary, absence of discrimination
 Democracy in India rests on the fact that People have the right to
choose and change the government
 Republic Country-two types democratic polity

 Monarchy
o Head of the state are hereditaryon succession
 Republic
o head of the state-Indian President elected for the term of 5 years
indirectly by the people of India so Called India is Republic
 Justice-
 Social Justice
o Equal treatment of all citizens without of any discrimination on
the basis of caste, color, religion creed/faith, sex
o Absence of any privileges to any person

 Economical Justice
o No discrimination on the basis of economic conditions
o He may be rich or poor both have equal treatment
 Political Justice
o All people have equal rights to contest election, have voting
rights, participation in the governance
 Liberty-no restraints on the activities of the individuals

 Thought-
 Expression/ communicate
 Belief-state of mind to feel that something exists or true
 Faith-a strong belief/trust
 worship-devotion
 Equality-no discrimination
 Absence of special privilege to any section of society or group of
society or individual before law, in public appointments and political
opportunities.
 Fraternity-
 Fraternity means “to promote sense of brother hood” or “to promote
sprit of common brother hood”
 All religions, deferent linguistic, regional peoples are like brothers, All
are Indians
 Unity and Integrity

 to promote the feeling among the people of India that they all are
Psychologically and territorially united

4. FUNDAMENTAL RIGHTS
4.1 Introduction
 FR’s included in the original constitution
 Part III, Art 12 to 36
 Framers of Constitution derive inspiration from the Constitution of USA (Bill of
rights)
 FR’s are guaranteed/definitely/assured by the Indian Constitution to all
citizens/person without any discrimination
 FR’s are“Justiciable”/enforceable against STATE
 FR uphold the equality and dignity of the individuals
 FR’s ensure political democracy
 It prevent despotic rule/dictatorial/tyrannical/autocratic rule of our rulers
 To establish Govt. of laws/Rule of law notGovt of men
 Why FR’s called fundamental- they guaranteed and protected by the
fundamental law (CONSTITUTION)
 Originally 7 FR in the original Constitution, they are
o Right to Equality-(Art-14-18)
o right to freedom (Art.19-22)
o right against exploitation (Art 23 & 24)
o right to freedom of religion (Art-25 to 28)
o Cultural and educational rights ( Art 29 & 30)
o Right to Constitutional remedies (Art 32)
o Right to Property (Art 31) was deleted by the 44th Amend Act,
1978, now
Right to Property is a legal right under Art.300A.
4.2 Salient feature of FR

 Main objective of the FR’s to ensure Individual liberty
 Available to both citizens and some FR’s to non-citizens also
 FR’s are not absolute-state i.e., Parliament/union legislature can impose
reasonable restriction on FR’s
 FR’s place limitation on the arbitrary authority on state
 FR’s are“Justiciable”/enforceable
 FR’s Defended/protected and guaranteed by the Supreme Court therefore
Supreme court is regarded as Protector or Guarantor of the FR’s
 FR’s can be amended by the Parliament
 FR’s Can be suspended during the National emergency by the order of the
President:
o except Art.20 & 21
o Art 19 suspended only when war or external emergency declared
not on the grounds of armed rebellion (internal emergency)
 Application of FR can be restricted/limit/control or abrogate/abolish to
Military forces, police, para military(CRPF, BSF), intelligence agency(CBI)
 For any violation of FR’s citizen can approach either Supreme Court or High
Court
4.3 Art 12 speaks about the State- includes-
 Parliament, 3 organs-Union Govt, Executive
 State legislatures- State Govt Executives
 All local authorities
 District Board- e.g.: coffee board, KIDB
 Statutory authorities-e.g: LIC, ONGC
 Includes all its agencies
4.4 Art 13 says that all laws that are inconsistent with the FR shall be void

4.5 RIGHT TO EQUALITY-(Art-14-18)
 Art-14- Equality before law and Equal protection of Law
 Prohibits discrimination on the Grounds of Religion, Race, Caste, Color,
Sex/Gender or Place of birth
 All persons Equally subject to the ordinary Law of the land an should stand
before ordinary courts
 Absent of special privileges in favor of any person
 It Aim-to minimize social inequality
 Equality before law based on UK Constitution –Rule of Law
 Equal protection of Law Taken from American Constitution
 It allows Reasonable classifications to elders, senior citizens, physically
disabled persons etc.
 Equality not applies to (Exception)-President and Governors
 Available to both citizens and non-citizens
 Right equality does not includes Economic Equality
 Equality means Equality among equals and not equality among unequal’s
 Art-15- Prohibits Discrimination on the basis only on Religion, Caste, Race,

Gender/Sex or Place of birth to access
 Shops, Public restaurants, Hotels and places of public entertainment
 Use of wells, tanks, resort, bathing places, roads which are wholly or partly by
State funds or dedicated to use for publics
 But state can make reservations through a law
 15 Clause (3) special provision to women and children
 Reservation for women’s in jobs, college’s seats
 Reservation for Backward Classes
 Aim-to eradicated Varnasystem- untouchability
 Art-16- Equal opportunities in the matters of Employment under state-

prohibits discrimination on the Grounds of Religion, Race, Caste, Color, Gnder/sex
or Place of birth
 Reservation provided to SC and ST for 10 years
 Mandal commission-BP MANDAL- appointed to study the
conditions of the
backward classes in 1979 by Morarji Desai Govt.
 Implemented in 1990 by VP Sing Govt
 It recommended 27% reservation for other Back ward classes
 Supreme court says that total reservation Should not exceed 50 %
 No reservation in Promotions
 Art-17- Abolish untouchability-

 Untouchability offence Act -1955
 Its practice is an offence punishable under law-2 years imprisonment
 Available against Private
 Right to Equality abolishes the “untouchability” in society
 Art-18- Abolition of Titles

 Prohibits citizens of India from accepting any title from any foreign state

 Hereditary titles like Maharaja, Raj-Bahaddur, Rai-Saheb, Dewan Bahadur etc
which were given in British India were abolished under Art.18 to maintain
equality.
 But awards like Barat Ratna, padmashri, Padma bhushan, Padma
vibhushan are
NOT titles under the meaning of Art.18.
 Supreme Court says that The awardees should not used Barat Ratna,
padmashri, Padma bhushan, Padma vibhushanas suffixes or prefixes to the
name of the awardees. Otherwise they should forfeit the awards.

4.6 RIGHT TO FREEDOM (ART.19-22)
 Art-19- Guarantees to all citizens 6 freedoms/rights and restrictions on freedoms
o Art-19(1)- guarantees to all citizens 6 freedoms/rights
o Art.19(2)- provides reasonable restrictions on the freedoms
o During national emergency these freedoms can be suspended
1. ART.19(1)(a) Right to freedom of speech and expression

 includes Freedom of press (Art 19 (1) (a)
 freedom of demonstrate/protest
 But no right call for
strike/Bundh Restrictions
 integrity of India
 Security of state
2. ART.19(1)(b) Right assemble peacefully and without Arms

Restrictions
 Public order and morality
3. ART.19(1)(c) Right to form association or unions or co-operative societies

Restrictions
 Public order and morality
 Police are NOT entitled to form union
4. ART.19(1)(d) Right to move freely throughout the territory of India

Restrictions
 in the interest of general public
 to protect the interest of Schedule Tribe
5. ART.19(1)(e)Right to reside/live(temporarily) and settle down/set up a home/

Domicile in any part of the territory
Restrictions
 to protect the interest of Schedule Tribe
6. ART.19(1)(g) Right to practice any profession or to carry on any occupations,

trade or business
Restrictions
 Technical qualification is necessary
 business or profession which is immoral and dangerous like drugs,
 7th freedom-ART.19(1)(f)Right to acquire hold and dispose of property

was deleted by 44th amendment Act, 1978it is merely a legal right under
Art.300-A
 These 6 right/freedom protected against the State
 available to only citizens
 Maintenance of Law & order is NOT a ground to impose
reasonable restriction on freedoms of citizens

 Art-20 Protection in respect of conviction of offences; protection against arbitrary
and excessive punishment to an accused person whether citizen or non-citizen
 No Ex-post-Facto Law-
 “No person shall be convicted on any offence except for violation of a
law in force
at the time of commission of offence”
 law in force only as on the day of commission of offence
 no retrospective/retro-activity effect of criminal law
 only prospective effect from the date of assent of President
 this principle not applicable/available against Civil Laws
 No double Jeopardy
 No person shall be prosecuted/put to trail or punished for the same
offence more than once
 No Self incrimination
 No one shall be compelled to be a witness against himself for both oral
and documentary evidence
 not extended/applicable to the Accused
 for production of document
 to give thumb impression, signature, blood sample
 compulsory exhibition of body
 Art-21 Right to life and personal liberty: No person shall be deprived of his life and
personal liberty except according to the procedure established by law.
 Available to both Citizens and Non-Citizens
 Art.21A inserted by 86th Amendment Act,2002
 Free and compulsory education to all children under the age group of 6
to 14 years
 Art.21A inserted by the 86th Amendment Act, in 2002, RTE-Act- Right
of Children between the age group of 6 to 14 years of age-free and
Compulsory Education Act-2009 by Parliament
 To give Primary Education
 Right to privacy/Right to primary education Right to decent
Environment/to live with dignity are included in Right to life and
personal liberty
 Art-22 Protection against arrest and detention

 Two types of arrest-
 Punitive arrest-after commission of offence
 Preventive detention-precautionary measure before commission of an
offence
 Arrested person has following mandatory rights

 Right to inform him about the grounds of arrest
 Right to consult an advocate
 Right to produce before the nearest magistrate within 24 hours of
arrest, excluding journey time
 Right to release after 24 hours unless magistrate remanded him to the
police or judicial custody
 Preventive detention- Arrested person has following rights

 Right inform him about the grounds of arrest
 Not to detained more than 3 months unless an advisory board
recommendation to extend
 Right to consult an advocate

4.7 RIGHT AGAINST EXPLOITATION (ART 23 & 24)
 Art-23 Prohibition of traffic in human beings and BEGAR (forced Labour)
 Right against exploitation seeks to protect the weaker sections of the society by
Prohibiting the human trafficking and BEGAR
 Available to both citizens and non-citizens
 Prohibits traffic in human beings –means
 Selling and buying of men, women and children
 immoral traffic in women and children including prostitution

Prohibits BEGAR-(forced Labour)which means
 Compulsory work without payment/remuneration
 Bonded Labour
 It permits State to impose compulsory service without payment-
Military service. social service
 Art-24 Prohibition of employment of children in factories
 below the age of 14 years
 2012 completely banned Child Labour
4.8 RIGHT TO FREEDOM OF RELIGION (Art-25 to 28)

 Art-25 freedom of profess (Declare openly his religion), Practice/rituals
and propagate/spread any religion
 available to all persons-citizens and non-citizens
 Art-26 freedom to manage religious affairs
 Right establish institution for religious and charitable purposes
 Right manage, acquire property
 Art.27 : freedom from taxation for promotion of a Religion
 prohibits imposition of Tax only but not fee
 Art.28 : Religious instruction is prohibited in any educational institution
maintained by state funds
4.9 CULTURAL AND EDUCATIONAL RIGHTS (Art 29 & 30)

 Art-29 protection of interest of Minorities
 Minorities means having less than 50% of populationof entire country
 Minority includes both linguistic minorities on the basis of Language and
religion
minorities on the basis of religion
 Objectives of this right to preserve and conserve the their language, culture,
script of the minorities
 Art-30 Right of minorities to establish and administer educational institutions
4.10 RIGHT TO CONSTITUTIONAL REMEDIES (ART 32)

 Constitution confers special authority for the enforcement of FR’s on the Supreme
Court of India.
 The other FRs can be enforced by the Right to Remedy under Art.32 of the
Constitution
 Right to get Fundamental Rights is itself a Fundamental Right
 Dr.Ambedkar says that Article 32 or Right to Constitutional remedy is heart and
soul of the
Constitution”
 ART.32
 Right to move SC for enforcement of FR
 Right to move SC can be suspended by the President only during National
Emergency
under Art. 359
 SC regarded as defender and guarantor of FR to the Citizens
 Only FR can be enforced by Supreme Court under Art 32 and High
Court under
Art.226

 Supreme Court or High Court have power to issue directions or orders for
enforcement of FRs is called as WRITS; 5 writs are :-
 Habeas corpus
 Mandamus
 Prohibition
 Certiorari
 Quo-warranto
 writs are borrowed from the British/English Law
 Writ of Habeas corpus

 Latin Term Habeas Corpus means “to have the body”
 “To produce in person before the court”
 It is an order issued by the court to a person who has detained another
person illegally
 After examination of the legality if detention found illegal it will order
to release the person so detained
 It is a bulwark/safeguard of individual liberty against arbitrary
arrest/detained
 against both public authorities and private
 Writ of Mandamus
 Literally Mandamus means “we command”
 It is a command issued to a public official asking him to perform
his official public duties.
 This writs is issued to public corporations, public authority or inferior
courts, tribunal or Govt directing them to perform their public duty
 It cannot be issued against private individual or body
 Not to issue against President and Governor, CJ of HC
 Writ of Prohibition
 Literally Prohibition means “to forbid”
 Issued by the Higher court to lower court which exceeding its
jurisdiction in the earlier stage of case
 Only against judicial and quasi-judicial authorities
 Before passing order/preventive
 Not available against administrative authorities, Legislative bodies
or executive functions and private individuals
 Writ of Certiorari
 Literally Certiorari means “to be certified” or “to be informed”
 Issued by the Higher court to lower court which exceeding its
jurisdiction or error of law
 only against judicial and quasi-judicial and administrative authorities
which affect the rights of individuals
 both preventive and curative
 not available against Legislative bodies and private individuals

 Quo-warranto
 literally means “by what authority or warrant”
 issued against an public/govt. officer who illegally occupies an public
office
4.11 Art.33-34- Empower the Parliament to restrict or abrogate Fundamental Rights

to the members of Armed forces, Military, Paramilitary, Police Forces.

5. DIRECTIVE PRINCIPLES OF STATE POLICY
 Introduction:
o Part IV of Indian Constitution, under Art-36 to 51
o Borrowed Idea from IRISH(Ireland) Constitution
o Dr.Ambedkar Describe DPSP as ‘Novel Features’ of Indian Constitution
o Dr.Ambedkar also called DPSP as “ instrument of instruction”
o The enforcement of the DPSP depend upon the availability of resources of the
Govt.
 Features of DPSP
o Aims/purpose of having DPSP is to establish“welfare state”
o The Ideal of welfare state is enshrined under DPSP
o DPSP are Social and economic rights
o The phrase economic justice is found in Preamble and Directive principles of
state policy
o It denotes ideals/principle/ultimate object that state should keep in mind while
formulating the policy
o Constitute a very comprehensive Economic, Social Programme for the modern
democratic state/welfare of the people
o DPSP are Non-Justiceable/we cannot compel the Govt. to implement them and
cannot be enforced in the any Courts.
o Positive instructions to government to work for the attainment of set of objectives
o DPSP are in the nature of Guidelines to the State
o The Constitution assures economic justice to the Indian citizens through DPSP
o The DPSP can be classified in to Socialists, Gandhians and liberals
o DPSP aims to Rising the standard of living of the people
 Classification of DPSP
Socialistic Principles Gandhian Principles Liberal Principles
38.To promote welfare of the 40.Organiz village 44. Uniform Civil Code
people by securing social e throughout the country
order to minimize panchayat (Marriages,
inequality in income and h inheritanc
status e, divorce, adoption,
succession)
39 to secure adequate means 43. To promote cottag 45. and compulsor
of lively hood for all industrie e fre y
citizens s e
o Equitable distribution of educatio
material resources n
o Prevention of concen-
46. to promote education 48A to protect and improve
tration of wealth and
and economic interest of environment
means of production
SC & ST and other weaker (42nd Amendment.1976)
o equal pay for equal work
for men and women section of the peoples
o to preserve the health of 49. to protect monuments,
the workers 47. To Prohibit liquor’s historic buildings which are
o healthy development of
other national importance
children intoxicants and drugs
which are injurious to
health
50. to separate judiciary
from
the executive
39A free legal aid to 48.Prohibition of 51. To promote
Poor (Inserted by 42n slaughtering of cows and international peace and
Amendment.1976) d others cattle and to security
improve their breed
41. To secure Right to
work and education
42 Maternity Benefit and
humane condition at
work
43A Participation of workers
in management (42nd
Amendment 1976)

 Uniform Civil Code means-Codified Civil law applicable to all persons of India irrespective
of their religion/community
 Uniform Civil Code means Common civil law applicable to all irrespective of their religion
 Uniform Civil Code is not implemented so far
 The phrase Economic justice found in bot preamble and DPSP
 Village panchayath are best example for India’s Democratic form of Government
 Indian Constitution is silent as to DPSP-Adult education
 DPSP has been amended by 42nd Amendment Act, 1976 and inserted 3 Articles
 Art.39A - Free legal aid to Poor
 Art.43A - Participation of workers in management
 Art.48A - To protect and improve environment
6. FUNDMENTAL DUTIES
 Indian FD inspired/borrowed from the constitution of USSR (Russia)
 Duty/responsibility/obligation – something to do or abstain from doing that are expected
or required to do by moral or legal obligation
 Applicable to all Citizens
 Guidelines to the citizens to perform/conduct in their day to day activities
 FD’s enshrined under Part IV A, Art.51A
 FD’s are NOT included in original Constitution
 Inserted by 42ndamendment act in 1976
 On the recommendation of Sardar Swaran Sing Committee Report
 42nd amendment act in 1976-there were 10 Fundmental duties
 by 86nd amendment act in 2002-one more FD added
 Parliament can impose Penalty for violation of Duties
 The Fundamental duties have been incorporated in the constitution to remind every citizen
that they should not only be conscious of their rights but also of their duty
 Moral obligations of all citizens to help promote a spirit of patriotism and to
uphold the unity of India.
Fundamental Duties
1. to abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem;
2. to cherish/Cultivate 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 to
renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage/tradition of our composite culture; (unity in
diversity)
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/renounce/give up violence;
10. To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement.
11. Who is a parent or guardian to provide opportunities for education to his child or, as
the case may be, ward between the age of six and fourteen years.

7.ORGANS OF THE UNION & STATE
Introduction
The 3 organs or main pillars of Indian constitution are
o Legislatures:- Union Legislature/Parliament and state legislature
o Executives:- Union Executes and state executives
o Judiciary:- Supreme Court and High Court
Primary functions of 3 organs:
o The legislature makes laws, the executive enforces/implement the law and the
judiciary
applies the law to the specific cases arising out of the breach of law.
7. UNION EXECUTIVE
 Union executive includes –President, PM, Ministers and Attorney general
of India 7.1. PRESIDENT
 The president of India has similar constitutional authority as that of the British
Monarch
 Art. 52( Part V) says there shall be a President for Union India
 He is integral Part of PARLIAMENT/UNION Legislatives
 Constitutional Head of the State/First Citizen of India
 Chief Executive of the STATE
 He is a nominal head of the state the real power vested with PM & Council of
Ministers.
 President represent the nation but does not rule the nation, therefore, the real
executive are PM & Council of Ministers
 PM & Council of Ministers carried out day today administration in the name of the
PRESIDENT
 President is acting on the advice of the PM & Council of Ministers
 President of India is elected indirectly by the people
 His salary charged on the consolidated fund of INDIA
 Oath-by Chief Justice of INDIA/ in his absence senior most SC Judge
Election of President
 The system used to elect the President of India is Proportional representation
 Election of the office of the President is conducted by Election Commission
 President is elected indirectly by the people of India for 5 years
o by an electoral college consisting
 All elected MP’s of Lok-sabha & Rajyasabha
 All elected MLA of the all states and Union territories of Delhi &
Pondicherry
o Nominated members of LS, RS and Assembly, and MLC are NOT parti
cipating in the president election
o His nomination to election must be proposed and supported by 50 Parliamentarians
o eligible for re-election for any number of times
o Any dispute regarding the election of President and Vice President is decided by
Supreme Court.
o President and Vice President are immune from criminal proceedings, process for

the arrest or imprisonment and he is not answerable to any court for the exercise
and performance of his duty in office
Qualification to Contest the President Election

o Must be citizen of India
o Must have attain/completed the age of 35 years
o must have qualification that of a member of Lok-sabha
o Should not hold an office of profit-national, state or local
o Should not by unsound mind
o Should not be an insolvent or bankrupt/not able to clear loans/pauper
o Should abide by the Constitution

Vacant of President Office
o Resignation may be in writing to Vice President
o After completion of tenure Outgoing President continue in the office till new president
elected
o In case of resignation, death or removal of the President, vice president acts as
president/ if No Vice-President than Chief Justice of India/ If Chief Justice of India
post is also vacant than senior most SC Judge discharge the duties of President.
o In case of vacant of office of President the same must be filled within 6 months.
IMPEACHMENT/charge/accusation of President
o Process of removing of President is called as impeachment procedure.
o The President of India can be removed from the office by initiating process called
IMPEACHMENT on the grounds of Violation of Constitution by both the houses
of Parliament
o Motion for impeachment can be initiated in either house of Parliament
o 14 days advance notice must endorsed by ¼ of the members of the house.
o 2/3 members should present and vote in Parliament on majority, in favor of
impeachment
o System of impeachment was borrowed from the constitution of USA
Power and Functions of President

o Legislative
functions/Power:-
 To summon and prorogue/to adjourn session
 To dissolve Lok-sabha
 Power to address the Parliament-after the general election for Lok-sabha in the
first session-“Presidential Speech”
 Assent the bills-bill passed in Parliament becomes an Act after President
assent
 To withhold the bill called as “veto Power” only non-money bill
 Money bill- Budget cannot withhold
 On re-submission of withhold bill without the changes he cannot refuse
to sign, he must assent to it
 Call for joint session to pass the bill
 Power to nominate 2 Anglo Indians to Lok-sabha and 12 members to Rajya
sabha
o Executive power
 Administrative head of Republic of India
 All accounts and agreement carried out in the name of the President on
behalf of the Govt.
 President empowered to appoint
 PM and the Union Minister on the recommendation of the PM
 Judges of HC & SC
 Governors of the state
 Comptroller and Auditor General of India (CAG)
 Chief Election Commissioner (CEC)
 Attorney general of India-Highest law/legal officer of the
country/chief legal adviserto Union Govt.
 appoints & remove Chairman and members of :-
 UPSC
 NHRC-National Human Rights Commission
 Backward commission
 National Commission for Woman
o Financial power
 Financial bill cannot be presented in the Parliament without the Consent of
the President
 The members of finance commission and Planning commission appointed by
President
 Custody of the contingency fund of India is with President

o Judicial power
 Pardoning power of the President of any person convicted of any offencein all
cases involving death sentence, All cases of Punishment by court martial, An
offence against law in union and concurrent list on the advice of Union Home
Minister
 may reduce sentence
 cancel total punishment
 Appoints SC and HC Judges
 He can seek advice from Supreme Court in the matter of public interest in
any matter of law. But, such advice given by SC in not binding on
President.
 ’Respite’ means awarding lesser punishment
 Reprieve Means President Power to temporary suspension of death sentence
o Military power
 Chief commander of the armed forces
 Power to declare war and peace
 Chiefs of Army, Navy and Air force appointed by President
o Diplomatic power
 Send and received ambassadors
 Represent country in international affairs
 He does not sign any treaties or agreements or settlements
o Emergency power
 May declare or call back emergency
 National Emergency/armed rebellion/external war/ threat to the security
Nation Art.352
 State emergency/President Rule/failure of Constitutional Machinery in
the state Art 356
 Financial Emergency/ financial ability is at risk Art.360
o Ordinance Making power

 During / when both the houses of Parliament are not in session
 these ordinance must be laid before Parliament after session resumes
 Maximum life of the Ordinance is 6 weeks after the reassembly of Parliament
 if both houses approves it will becomes ACT
 President can withdraw ordinance any time
 Vice-President is elected ONLY by MP’s of Lok-sabha and Rajyasabha in A

JOINT SITTING by
secret ballot
 Vice-President is the ex-officio chairman of Rajyasabha
 Vice-President has a power to preside over Rajyasabha
7.2 PRIME MINISTER & COUNCIL OF MINISTERS

 Parliamentary system as per the model of British “Westminster” Model
 Similar to Britain, India has nominal Executive & real Executive. though powers vested
with President the Real Executive powers is vested with PM & Council of Ministers
 The office of the Prime Minister is created by the “CONSTITUTION”-Article 74
PRIME MINISTER
 Art.74 provide that there shall be a council of ministers headed by a Prime
minister
 PM is the “Key stone” of Indian Constitution,
 PM is head of the Government and real executive
 PM is appointed by President
 Council of Ministers appointed by the President on the advice of the PM
 President administer oath to the PM and other Ministers

 Ministers holding the office during the pleasure of President. Union Council of
ministers hold office during the pleasure of President which in fact means during
the pleasure of PM
 Union Council of ministers Collectively responsible to LOK SABHA/Parliament
 Generally PM is from LOK Sabha
 A Member of Council of Union Ministers can be dismissed by President On
recommendation of the Prime Minister
 A person can be appointed as Prime Minister but he should become member of
Lokasabha or Rajyasabha within 6 Months. the non-member of LS or RS should
become member of Parliament within 6 months by election or by nomination
 A person can be a Prime Minister or Union Minister without being member of
Parliament for a maximum period of 6 months
 PM isgenerally a Leader of the Majority Party in Lok-Sabha
 The number of Minsters in the Union Cabinet is fixed by the Parliament
 The number of Minsters in the Union Cabinet including PM is 15% of Lok-
sabha members. total No of Ministers including PM shall not exceed 15% of the
Total strength of the Lok-Sabha- introduced by 91st amendment Act, 2003
 PM holds office As long as he enjoys the confidence of Parliament
Power and Function of Prime Minister

 PM is the chairperson of the Parliament
 Formation of Ministry- President appoints Union ministers on recommendation of
PM
 President Allocate portfolio on recommendation of PM
 He is chairman of the cabinet meeting and preside over the cabinet meeting
 Leader of Lok-sabha
 all major decisions & announcement
 Leader of the Govt. PM is the chief spoke person of the union Government
 to face criticism from opposition and from public
 to defend policies of the Govt. in the house and also out side
 Co-ordination and supervision entire administration
 PM is acting as Bridge/medium of communication between President

and Parliament/Ministry
 PM has Power to recommend to President to dissolve Lok-Sabha
 Power to recommend appointments CAG, CEC etc.
 In Indian Constitution there is NO provision for Deputy PM, but there may by
Deputy PM.
7.3 ATTORNEY GENERAL OF INDIA (at present-KK Venugopal)

 Highest Law officer/chief law officer of India
 Appointed by President
 Tenure not fixed, can be removed by president any time
 Solicitor general of India is second law officer, sub ordinate to AG
 AG has right to speak and participate in the both LS & RS
 No voting Right
 Appear on behalf of Govt of India in SC

8. UNION LEGISLATIVE
8. Parliament
 Under Part V-Art.79 to 122 speaks about the Parliament
 Art.120 says that language to be used/transacted in Parliament either in Hindi or
English
 Parliamentary system in India is based on the Parliamentary system of UK
 Bicameral system-two houses- Lok Sabha and Rajya sabha
 Word Legislate means “to make law”and Word ‘Parliament’ Means “to talk”
 There is no education qualification to become the member of Parliament
 Law made by the Parliament uniformly applicable to all states and cannot be declared as
extra territorial
 “Hung Parliament” means A Parliament in which no Party has a clear majority
 Parliament includes 3 parts
 President
 Lok sabha/House of People/lower House
 Rajya sabha/Council of states/upper House
 Sessions
 First session in the year- Budget session ( Feb-May)
 Second session in the year- Monsoon session (Jul- Sept)
 Third session in the year—Winter session ( Nov-Dec)
 The first session of the Parliament after the general election i.e., Budget
session is
Mandatory provision
 The first session in every year of the Parliament is commence with the address of
President
 The first Hour of the every sitting in both houses of the Parliament is devoted to
ask question to give answer by the concern Minister called Question hour
 The Zero Hour of the Parliament is The period immediately following the
question hour
when the members raise their voiceon various matters of public importance
8.1 PRESIDENT
 Not a member of either house
 Does not sit in Parliament
 But he is an integral Part of Parliament because a bill passed by the both houses
become law only after his assent to it.
 He also summon and prorogue parliament,
 Dissolve parliament and address both the houses, issues ordinance
8.2 RAJYA SABHA/Council of states/upper House

 Rajyasabha is identified as the ‘Knowledge house’
 Rajyasabha is a permanent House. cannot be dissolved any time
 Rajyasabha is preside by the Chairman who is a Not a member of Rajyasabha -Vice
president of India
 Composition
 Maximum strength of RS is 250
 238 elected from the all states and union territories in India and
 12 are nominated by the President
 Representatives of states
 elected by the MLA’s
 seats allotted to the each states on the basis of Population of that state
 hence number of representatives to RS varies from one state to another
 E.g. In UP has 31 seats while Tripura has only one seats
 Union territories – only Delhi and Pondicherry have representative in RS
 Nominated Members
 the person who have special knowledge or practical experience Knowledge in arts
science, literature, sports

 Qualification:
 Citizen of India
 not less than 30 years
 not holding any office of profit at national, state or local
 unsound mind and insolvent
 Duration:
 6 year
 Every 2 year 1/3 of RS members will retire
 Permanent House not subject to dissolution
 eligible for re-election
 RS is presided over by Non –member i.e. Vice-President
 Chairman of RS- 5 years-Vice President –Ex officio-not appointed or elected.
 Vice President (Non –member of RS) has right to preside over the RS
8.3 LOK-SABHA/House of People/lower House

 Lokasabha is superior to Rajya sabha because its members directly elected by the
peoples,
 It can remove the council of minister through a vote of no-confidence
 It alone controls the purse of the people.
 The first General election were held in India in 1951-52
 Lokasabha is identified as the ‘Democratic Chamber’
 Money bill/Budget should be initiated only in Lok sabha
 A bill is money bill or not decided by the President
 Composition
 Maximum strength 550
 530 from States
 20 from Union Territories
 2 Anglo-Indians nominated
 Present strength of Lok-sabha is 543+2 (530 from states +13 from UT +2)
 Allocation seats to states and UT is on the basis of POPULATION(Uttar
Pradesh) is having more Members
 Qualification:
 Not less than 25 years
 Not holding any office of profit at national, state or local
 Must not be Unsound mind and insolvent
 Duration:
 5 year and Can contest from two or more constituencies
 If won in both Constituency he must retain only one
 Eligible for re-election
 The term of LS can be extended beyond its normal term of 5 years by
President during only National Emergency
 Speaker- Mr Om Birla
 He is Presiding officer of Lok sabha&Custodian of the Parliament
 Elected by and among the member of Lok-sabha
 after elected as speaker he should resign to party membershipCuts-off his
connections with hisparty
 Tenure of speaker for 5 year term
 he the custodian of Lok-sabha and conduct the proceeding impartially
 Speaker presides over the joint session of Parliament
 speaker of the LS uses his power of casting of vote only in case of tie (when votes
equal)
 House of People (LS) can be adjourned sine-die by the Speaker
 Speaker is consider as the custodian of the Parliament and particularly
LOKSABHA
 Speaker may resign in writing to Deputy-Speaker
 Speaker decides/certify that a bill is Money bill and his decision is final

8.4 Vacating of RS & LS Seats/Members
 Double membership
o Cannot be both LS or RS Member
o Cannot be a member of ASSEMBLY & Parliament
 Disqualification
o if he holds any office of profit
o found guilty of election offences
o if he convicted of an offence which results 2 years imprisonment
o if he fails to give his election expenditure
o if he votes or abstain from voting in contrary/opposing to the direction
given by his party WHIP
o if any nominated Member joins a Political Party
o the Question of Disqualification is decided by:
 RS member –Chairman
 LS Member-Speaker
 Subject to Judicial Review
 Resign in writing
o RS member must tender resignation in writing to Chairman
o LS Member- must tender resignation in writing to Speaker
 Absence
o If any member absence from all its meeting for a period of 60 days without
permission he can be disqualified or the seat of the member of Parliament
my declare vacant
8.5 Immunities to RS & LS Members

 Freedom of speech
 Cannot be arrested in case of civil cases 40 days before and after a sitting in
parliament
 Immunity not applicable to criminal cases
 The Speech made by the MP on the floor of the house Cannot be questioned in
any court
8.6 Quorum RS & LS to Conduct house

 1/10 (10%) members should present
 in RS-25i.e. 10 % of 250
 In LS-55 i.e., 10% of 545
8.7 Sine-die-adjournment of session of the Parliament to indefinite time, House of People
(LS) can be adjourned sine-die by the Speaker.
8.8 Zero hour-starts immediately after question hour and lasts until the agenda (regular
business of house) for the day is taken up
8.9 BUDGET: ANNUAL FINANCIAL STATEMENT: the term ‘Budget” not explicitly stated
in Constitution,
 It is “annual financial statement prepared by the Economic affairs Department. It can be
introduced by the Finance Minister only in Loksabha with prior permission of the President.
8.10 Power and functions of Parliament

 Legislative powers
 Making laws for the good governance of the country
 Union list- Defence, railway, Foreign affairs, Post & Telegraph
 State List-Police, forest, agriculture, Hospitals, irrigation, Labour welfare
 Concurrent list-education, Power, Marriage, Press, religion
 Executive Power
 Parliament exercises control over the Executives
 executives are responsible to the Parliament
 the Ministers are collectively responsible to the Parliament in general and to
Lok-sabha in particular
 Financial Power
 the Budget has to be placed before parliament for its approval

 no tax can be levied or collected without the approval of Parliament
 all the expenses should be incurred with the permission of the Parliament
 Constituent power
 Parliament can amend the provisions of Constitution
 Electoral functions
 it elects President, vice president, Lok-sabha elects Speaker
 Judicial powers
 it can impeach President, vice president, Chief Justice of SC and HC and
justices of SC and HC
 punishes members and also out siders for breach of Privileges of Parliament
9. STATE EXECUTIVE
9.1. GOVERNOR
 Art.153-167 part VI- deals with state legislative
 State executive consists
 governor
 Chief Minister an Council of ministers
 Advocate general of the state
 Governor is the chief executive of the state
 a person can be governor for two states
 Governor of the state and Lieutenant Governor General of UT is appointing by the
President
 He acts as an agent of the central govt.
 QUALIFICATION
 Must be citizen of India
 Must have attain/completed the age of 35 years
 should not hold an office of profit-national, state or local
 should not by unsound mind
 should not be an insolvent or bankrupt/not able to clear loans/pauper
 he should be an outsider-free from local politics(Jaya chamarajwodeyar)
 before appointing president must consult the CM
 Term of Office
 5 years or during the pleasure of the President
 resign in writing to President
 he may be removed by the President without giving valid reason
 Oath admistered by the CJ of the State High court
 Power and functions of Governor

o Legislative functions
 To summon and proroguesession of the state legislatures
 to dissolve Assembly
 power to address the Session-after the general election for assembly in the
first session-
“Governor Speech”
 to assent the bills and
 to withhold the bill called as “veto Power” only non-money bill
 Money bill- Budget cannot withhold
 on re-submission of withhold bill without the changes he cannot refuse to
sign, he must assent to it
 call for joint session to pass the bill
 power to nominate 1 Anglo Indians to assembly and 1/6 members to MLC

o Executive power
 administrative head of state
 all accounts and agreement carried out in the name of the Governor on behalf of
the Govt.
 he appointing: CM and the Minister on the recommendation of the CM and
 appoints & remove Chairman and members of :State Public Service
Commission
o Financial power
 Annual financial statement-budget laid before the assembly
 the members of state finance commission and Planning commission appointed
by President
o Judicial power
 Pardoning sentence of person including death sentence
 may reduce sentence
 cancel total punishment
 he will be consulted before Appointing to HC Judges
 he appoints, promotions, posting of District judges in consultation with HC
o Ordinance Making power

 when both the houses are not in sessionand there is need of immediate action
 these ordinance must be laid before house after session resumes
 Maximum life of the Ordinance is 6 months and 6 weeks
 if both houses approves it will becomes ACT
o Discretionary power
 if no party enjoins majority it is left to the Governor to call any person to form
Govt and to prove its majority
 dissolution of assembly if council of ministers has lost its majority
 he can reserve some bills for the consideration of the President
 he can recommend to President to impose president rule if he feels that
constitutional1 machinery fails in the state (Art.356)
9.2. CM AND COUNCIL OF MINISTERS

 CM is the Real executive of the state & usually leader of the majority party
 Art.164 says that CM shall be appointed by the governor
 Council of minister will be appointed by the Governor on recommendation of CM
 Oath will be administered by the Governor to CM and Ministers
 Council of Ministers directly responsible to Vidhana sabha-popular house
 Minister shall not cross 15% of the total strength of lower house-vidhana sabha
 Power and functions of CM and MINISTERS

 formation of Ministry and Allocation of port folios to various ministers
 chairman of the cabinet meeting- The meetings of the council of ministers are
presided over by Chief Minister
 Leader of Vidhanasabha and take all major decisions & announcement
 Leader of the Govt.

 to face criticism
 to defend policies of the Govt in the house and also out side
 Co-ordination and supervision entire administration
 Bridge between Governor and Assembly
 informing governor about the decisions taken by Govt
 Power to dissolve Assembly-Lower house
 power to recommend appointments Advocate General, Members of SPSC
 Chief Minister is the Head of the Council of Minister therefore on his
resignation to CM post or on death of the CM, the Council of Ministers
automatically dissolves.

10. STATE LEGISLATIVE
 Art.168-212 part VI deal with the state legislative, organization, composition, duration
power and functions
 In India no uniformity in the organization of state legislature
 Most of the state has only one house-lower house
 only in AP, Karnataka, UP, Bihar, Maharashtra have bicameral system-two house
 State Legislative includes
 Governor
 Legislative assembly (MLA)-vidana sabha –lower house
 Legislative Council (MLC)-vidhanaparishad-upper house
10.1 Composition of Assembly

 Directly elected by the people224, 1 Anglo-Indian nominated in Karnataka
total 224+1
MLA in Karnataka,
 Karnataka bicameral Legislative system- both Vidhanasabha(MLA)
and
vidhanaparishad(MLC)
 the membership of legislative assembly of the states in India varies between 60-
500
 minimum strength is 60 & maximum member strength is fixed 500
 Term of office/Tenure
 MLA-5 years and for MLC-6 years
10.2 Composition of Council

 According to the Article 171 of the Constitution the total members in the
Legislative council should not be less than 40 members
 the total strength of the Council is 75 in Karnataka out which
o 1/3 are elected by the MLA 1/3 by local bodies
o 1/12 from Graduate Constituency
o 1/12 from Teachers Constituency
o remainder nominated by the Governor
10.3 Qualification to become the member

 not less than 25 years for MLA, 30 years for MLC
 not holding any office of profit at national, state or local
 unsound mind and insolvent
10.4 Power and functions of State Legislatives

 Legislative powers
 Making laws for the good governance of the State
 Union list- Defence, railway, Post & Telegraph, Civil aviation, Finance
 State List-Education, agriculture, Police, forests, Hospital , irrigation
 Concurrent list
 Executive Power
 Assembly exercises control over the Executives

 executives are responsible to the Assembly
 the Ministers are collectively responsible to the Assembly in general and to
Vidhana sabha in particular
 Financial Power
 the Budget has to be placed before Assembly for its approval
 no tax can be levied or collected without the approval of Assembly
 all the expenses should be incurred with the permission of the Assembly
 Constituent power
 Constitution amendmentspecial majority with the consent of the ½ of states
 Electoral functions: it elects President, Rajyasabha member & elects Speaker

11. JUDICIARY
11.1. SUPREME
COURT
 Supreme Court of India is created by the Constitution
 It acts as the guardian of Constitution
 defender and guarantor of FR’s
 Defender of Federation
 SC is situated in New Delhi & Inaugurated on 28th Jan,1950
 It replaced the British Privy Council which was a highest court of appeal
 Art.124 to 147, part V deal with Constitution, organization, Jurisdiction, power and
procedures of SC
 Parliament authorized to regularize/modify the Supreme Court
 Parliament has the power to increase or decrease the judges of the Supreme Court
 Parliament has the power to extend or restrict the jurisdiction of Supreme Court with
respect to any matter contained under union list.
 The chief and other justice of the Supreme Court & High Court are appointed by
President
 President administer oath to the judges & Chief Judge of Supreme court
 Judicial system is based on the principle called “Natural Justice” which meant
“Just, fair &
reasonable action”
 Composition
 at present sanction strength of SC Judges including CJ of India is 31 (30 judges
+1 CJ) before 2008 SC has totally 26 judges including CJ(25 judges +1 CJ)
 SC judges are appointed by President after consultation with Judges of
SC and HC- Collegium
 Seniority principle is following in appointing Chief Justice of SC
 Qualification
 Must have served as a Judge of HC for the period 5 years
 should be practicing advocate in HC for the period 10 years
 He should be a distinguished/eminent/famous jurist in the opinion of President
 TENURE
 SC chief Justice or other Judges can hold office until 65 years of age
 may resign in writing to President
 SC chief Justice or other Judges can be removed by President from office on
recommendation of Parliament that process is called as“impeachmentprocedure”on
the grounds or charges of Proved misbehavior or incapacity.
 as per Judges Enquiry Act, 1968Conditions impeachmentprocedure

o Removal motion must signed by 100 member in case of Lok-sabhaand 50
member in case of Rajya Sabha
o should be given to Speaker/chairman
o Speaker/Chairman constitute 3 members committee to investigate in to the
charges
o committee consists: CJor a judge of SC, one CJ of HC & distinguished
Jurist and if committee found guilty, it must submit removal report to the
Parliament
o report of committee should be passed by special majorityin each house of
the Parliament
 Independence of Judiciary
 the judges of SC after retirement are not permitted to carry on practice before
SC, HC or before others Courts
 power to punish contempt of Court
 Mode of appointment of judges to SC-president must consult CJ
 Security of tenure-not during the pleasure of president

 Fixed service condition-salaries, allowances
 Conduct of the judges in discharge of their duties cannot be discussed in
Parliament or Assembly except on Impeachment
 Ban on practice in any court after retirement to avoid favourism
 freedom to appoint its staff
 Separation from executive
 Power and Function of Supreme Court

 SC is the Highest or Final court of Appeal
 It acts as the guardian of Constitution
 defender and guarantor of Fundamental Right’s
 SC is the Final interpreter of the Indian Constitution
 It is Defender of Federation
 Original Jurisdiction-
o the cases that arises between central Govt and states, between two
or more state must be filed in SC only
o SC is the final interpreter of the Indian constitution. all the cases
involving an
interpretation of Indian Constitution fall within the original jurisdiction
o SC has the final power to investigates disputes regarding the election of
President and Vice President
 Writ Jurisdiction to safe guard Fundamental Rights

o Power to issue writ under Article 32 to safe guard the FR’s-Habeas
Corpus,
Mandamus, Prohibition, Certiorari, Quo-warranto
o Concurrent power of SC with HC
 Appellate Jurisdiction
o Can appeal to SC in case decided by High courts in the following
matters:-
 Constitutional matters up on the judgment of High Court
 Civil Matters up on the judgment of High Court
 Criminal matters up on the judgment of High Court
 Appeal by Special Leave (Art.136)Petition
o It is a discretionary power to entertain any matter on the
judgment passed by the any court except Military tribunal and
court martial
o discretionary cannot be claimed as matter of right
o Any matter-civil, criminal, Income Tax, Labour, Revenue, etc.
o discretionary can be granted against any court or tribunal
o scope of this provision is very wide
 Advisory Jurisdiction
o President can seek advice on law in the matter which are of Public
importance
o advice given by the SC to President isnot binding on President
o Supreme Court of India tenders its advice to the president on the matter
of law or fact only if President seeks advice
 Court of Record
o All Judgment, proceedings of SC will be keep and preserve
o All Judgment of SC are admissible in all the courts in India
 Judicial Review-
o the framers of Indian Constitution borrowed the idea of Judicial Review
from the constitution of USA
o Constitutionality of Legislative enactment or executive orders. If SC
found such legislative enactment and executive order, violative of the
constitutional provision,

than SC can declare such Law or executive order as invalid/null &
void, than it ceased to be in operative
 Self-correcting court-any error in the previous judgment can be rectify by SC

itself
11.2 HIGH COURT
 In India Constitution provides for a Single Integrated Judicial System with SC at top
and High courts at below to the SC
 7th amendment, 1956 authorized parliament to establish common HC for two or more
states or union territories- Punjab & Haryana High court for Chandigarh, Bombay HC
for Goa, Guwahati for Arunachal Pradesh, Assam , Mizoram,
 Art.214 to 231 part VI deal with Constitution, organization, Jurisdiction, power and
procedures of SC
 the power to extend or restrict the jurisdiction of the High court is vested with both
Parliament and concerned state legislatures
 Appointment and Oath of the Chief & other judges of High court
 President has the power to increase the number of judges of High court
 The Chief and other judges of High courts are appointed by the President after
consultation with Chief justice of concerned High court and the Governor of the
concerned state
 President can appoint a temporary judge of the High Court and such temporary
judges can hold office for a maximum period of 2 years
 Oath to Chief Justice & other judges of HC administered by GOVERNOR
 Salaries and other emoluments of the Chief Justice and other judges of the High Court
shall be decided by the Parliament
 Composition
 a CJ and other Judges
 Constitution does not specify the strength of the judges in a High Court and
leaves it to the discretion of President
 Chief Judges and other Judges of HC are appointed by President.
 Qualification
 Must have served in a Judicial office in India for the period of 10 years
 should be practicing advocate in HC for the period of 10 years
 TENURE
 until 62 years of age
 may resign in writing to President
 can be removed from office on recommendation of Parliament/ impeachment
procedure
same as that of a Supreme Court Judge
 Power and Function of HC

 Court of Appeal from District court in civil and criminal matters
 Protector of FRs- under Article 226 HC is also issuing the 5 kinds of writs-
Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-warranto to protect the
FR’s.
 Writ Jurisdiction under Article 226 of HC is Concurrent power with SC
 Power of superintendence on all sub ordinate courts in concern states
 HC can also give direction to subordinate courts to transfer of cases
 HC is a Court of Records- all its judgment & proceedings will be preserved
 CJ of HC has power to appoint the staffs

12. ELECTORAL PROCESS IN INDIA& AMENDMENT
12.1 ELECTORAL PROCESS
IN INDIA Introduction:
 Electoral system in India is largely based on the pattern of Britain
 Elections in India are held on the basis of Single Member Constituencies
 Parliament has the power make necessary provisions with respect to all matters relating
to elections to the Parliament and state legislatures including the preparation of electoral roll
& delimitation of the Constituencies
 In India the citizen have been given the right to vote on the basis of age.
 Electoral Provisions kept democracy alive in India
 Elections to Lok-sabha and State Legislative Assemblies are conducted on the basis of
Universal adult franchise.
 “Universal adult franchise” system- Age limit to have voting rights has been reduced
to 18 years, from 21 years, 1989 onwards by 61st Amendment Act
 “Universal adult franchise” shows that India is democratic country
 the system of Elections used to elect President and Vice President is Proportional
representation
 NOTA- None of the above option to citizen, whether NOTA gets high or low votes it
will not be taken in counting the votes, so no impact on the results.
 elections to Lok-sabha and state assemblies, nomination papers can be filed by Any
Citizen whose name appears in electoral
 Party system in India can be described as Multy Party
 Civil Servants on election duty, Members of armed forces, Members of foreign services
posted abroad are entitled to exercise vote through postal ballot.
 ELECTION COMMISSION OF INDIA

o ECI is an all India Bodyand also an independent body
o ECI is a Permanent and independent constitutional body
o ECI is Established by Constitution directly
o Objective of Establishment of ECI is to ensure free and fair elections in India
o Art.324Provides-power of Election Commission to Superintendence, direction
and control of election to:-
 Parliament both Lok-sabha&Rajyasabha
 State legislature assembly
 President and Vice president elections
o ECI is not conducting election of speaker of parliament and assemblies
o ECI is not conductingwith the Election to Local Self Govt. like Panchayath and
Municipalities-for this a separateState Election Commission has been
established by Constitution
 Composition of Election Commission of India:

o it is a multi-member body consisting of three election commissioner:-
 One Chief Election Commissioner
 TWO election commissioners
o Appointment of Chief Election commissioner and Election commissioner - by
President
o conditions of service and tenure of office of the commissioner shall be determined

by the -
President
o Each state consists Chief Electoral officers (CEO)- appointed by Election
Commission of India
 Chief Election commissioner and Two other Election commissioner have
o Equal power, equal salary similar to that of Judge of SC
o all the matters decided on the basis of Majority
 Regional Election commissioner may be appointed and may be removed by President

with consultation of Election Commission or Chief Election Commissioner

 TENURE or TERM OF OFFICE
The Chief Election Commissioner & 2 other Commissioners
o hold office for6 years or until they attain the age of 65 yearswhichever is earlier
o can resign any time by writing to President
o Chief Election commissioner can be impeached by Parliament with 2/3
(Special)
Majority
o Chief Election commissioner can be removed before expiry of his term byPresident on
the recommendation of Parliament. The removal process is called as
impeachment procedure, that is following in the removal of supreme court judge on
the grounds of for proved misbehavior or incapacity
 Therefore, the Chief Election Commissioner does not hold office during the
pleasure of the president. He can be removed only through impeachment
procedure, not by the president as per his (president’s) desire.
 any other election commissioner or Regional election commissioner cannot
be removed from the office except on the recommendation of Chief Election
Commissioner to the President
 Constitution has not prescribed the qualifications of the members of ECI
 Powers and functions of ECI

o powers and functions of EC can be broadly classified in to-1) Administrative,
2) Advisory and 3) Quasi-judicial power and functions
o Delimiting/demarcating the constituencies
o preparation of electoral rolls and revision of the electoral rolls
o Superintendent, directing and conducting the election to Parliament, state
assemblies, president and vice president
o issuing election notifications and by elections to Lokasabha & assembly
o to grant recognition of a political party
o to recognize a political party as national or regional party
o allotment of symbol to a political party
o to notify the dates and schedules of election
o Receiving and scrutinizing/examining the nomination paper
o acting as court to settle the dispute relating to recognition of a political party and
symbol
o to appoint officer to enquire in to the disputes
o to determine code of conduct(Election Laws)
o to advice the President on matter relating to disqualification of MPs
o to advice the governor on matter relating to disqualification of MLAs
o to cancel the polls in case of rigging, booth capturing, violence
o to request the president and governor to provide require staff for conducting
elections
o to ensure free and fair election
o to advice president to conduct election or not in state where president rule has
been imposed.
 Electoral process in India

o Delimitation of constituencies
o preparation of electoral roll
o Notification of Election
o Appointment of Returning officer for each constituencies
o filing of the Nominations
o Scrutiny/examine of nomination
o Withdrawal of Nomination paper
o Election campaign- In terms of election Laws of India (code of Conduct),
electioneering/campaigning/canvassing ceases in a constituency at least 48 hours before
the commencement of the polling. End of the public campaign before 48 hours of
poling day
o Polling of Votes-
 EVM Electronic Voting Machine

 Polling station-Presiding officer
o Counting of Votes-who secured more valid votes
o announcement of the result& issuance of certificate to the winning candidate
o A candidate winner or loser can file Election petition in High Court within
limitations on the grounds of mal practice during the election.
o A political Party is accorded status of an opposition party in Lok-sabha if it
captures at least 10% of seats in Lok-sabha
o The Election Commission does not conduct election to the Speaker of LokSabha
o Selection of the candidates is not the function of Election commission
o The final stage of the election processis Announcement of results
o The ChiefElection Commissioner responsible to conduct free and fair
elections in the country
o A citizen of India may be debarred from the right to vote on the ground of
 Unsoundnessofmind
 Non-residence
 Crime or corrupt or illegal practice
12.2 AMENDMENT PROCEDURE

o borrowed from the constitution of South Africa
o Written constitution requires Amendment
o Art.368 part XX deals with amendment procedure
o ONLY Parliamentis empowered to amend the Constitution
o Amendment of constitution can beinitiated only in either house of Parliament
o Amendment Power of the Parliament was limited that means, Parliament cannot amend
the provisions which forms basic structure of constitution as per the judgment of the
Supreme Court in a famous KeshavanandaBaraticase,in1973
 Procedure for amendment
o Bill of Amendment can be initiated in the either house of Parliamentby its
member, bill may be initiated by any member of that house of Parliament
o President’s prior permission is not required to initiate amendment bill.
o Bill must be passed in each house as per the require procedure
o There is no provision for passing of amendment bill by calling joint session
o after duly passed in each house of Parliament, President must assent/approval
to it, he
cannot with hold or return Constitution amendment bill for fresh consideration.
o After the assent of President bill becomes an Act and Constitution stands
amended
o Bill of Amendment cannot be initiated in any state assemblies
 Types of Amendment
o Simple Majority-members present and votes in majority for e.g. provisions
regarding amendments to:-
 formation of new state
 salary and allowances of President, governor, speakers, judges & MPs
 official languages
o Special Majority-2/3 members of each house present and voting in majority. for
e.g. provisions regarding amendments to :-
 Fundamental Right’s
 DPSP

o Special majority with ratification by the states-2/3 members of each house
present and voting in majority and also with the consent of the half of the state
legislatures. for e.g. provisions regarding amendments to :-
 Matter related to federal structure
 Election of president and vice president
 SC and HC
 Distribution of Powers-Union, State and Concurrent List
 Representation of states in Parliament-RS

 IMPORTANT AMENDMENT’s SO FAR
1. 1st Amendment,1951.; added 9th schedule,

o Reservation to Socialy& educationally backward classes of citizens
2. 42nd Amendment, 1976

o Most Comprehensive/lengthiest amendment So far
o 42nd amendment is also Called as “Mini Constitution”
o It Added New 3 words to Preamble; Socialist, Secular and integrity
o Art.51 A, new “Part IV-A” insertedFundamental Duties
o President and Governors should act/exercise activity according to the advice of
the Council of ministers
o DPSP-three new article inserted
 Art.39A- free legal services to poor citizens
 Art.43A- participation of workers in the management
 Art.48A state shall endeavor to protect & Improve natural environment
3. 44th Amendment, 1978

o Right to Property has been deleted from the Fundamental Rights.The 44th
Amendment Act repealed Article-31 from part III dealing with Fundamental
Rights which came into effect in 1979, so that “right to Property” today is no
more a Fundamental Rights but remains simply as legal Rights in Part XII of the
Constitution under new Artcle 300A
o Emergency –internal disturbances replaced by the word “Armed Rebellion”
o Emergency- proclamation advice must be given to President in writing by Union
Council of Ministers-not Only by PM
o Proclamation of emergency must be approved by each house of the Parliament by
Special majority (2/3 majority) within a month in case of National emergency,
within two months in case of state emergency or president rule.
o Parliament has right to revoke emergency
4. 73rd and 74th Constitutional Amendment, 1992

o 73rd Amendment Act introduced Panchayath Raj system in rural part of India
 inserted Part- IX and Article-243 ‘A” to 243 ‘O’
o 73rd Amendment Act introduced Municipalities in urban part of India
 inserted Part- IX A and Art.243-P to 243 ZG
o Separate State Election Commission has been established to conduct election
to the local self-government of both Panchayat Raj system and Municipalities
5. 76th Constitutional Amendment,1994

o Included Tamilnadu Reservation Act,1994 in 9 th Schedule- 69% of reservation
for the BC, SC & ST in Educational institution & State Govt. Appointments
6. 86th Constitutional Amendment, 2002

o Art. 21A inserted- Right to Education included under Fundamental Rights
o Free & Compulsory education to Children up to the age of 14 years
o early childhood care until 6 years
o 11th Fundamental Duty has been added-duty of the every citizen/parent/guardian
to provide education to his child until the age of 14 years.
7. 91st Constitutional Amendment, 2003

o Total Numbers of ministers including PM shall not exceed 15% of total strength
of Lok- Sabha in Central Govt./ incase of State Govt. the total Numbers of
ministers including CM shall not exceed 15% of total strength of Assembly of
that state.

13. SPECIAL PROVISION /RESERVATION
13.1. SC &
STs
 Introduction
o Constitution seeks to protect the interest of the SC & ST by reserving seats for
them in Public services and in both Union and state legislatures
o Indian Constitution guarantees reservation of Seats for SC & ST in both Lok-sabha &
state assemblies, but Seats are not reserved in Rajyasabha
o Art.14 Provides that -Equality before law and Equal protection of Law to all
o Art.15 Provides that -state shall not discriminate only on the basis of Religion, race,
caste, gender/sex or place of birth
o Art.16 Provides that -Equality in public appointments
o Art-17 prohibits un-touchability. the following acts amounts un-touchability
 Denying access to any shop for a person belong to SC & ST
 Refusing admission to a Hospital for a person belong to SC & ST
 Refusing to sell goods and render service to a person belong to SC & ST
 SC & ST Inclusion & exclusion

o Art.341-provides that Parliament may by law include or exclude from the list of SC
o Art.46- Gandhian Principle of DPSP says that state shall take special care of the
economic and education interest of weaker sectionto give social justice
 Reservation is steps for the upliftment of weaker/depressed section

o Reservation in Education
 Art.15(4) provides reservation in government aided or unaided educational
institution except Minority educational institutions including in IIT and IIM’s,
total reservation shall not cross 50% of the Total seats
o Reservation in Public Employment
 Mandal commission appointed in 1978- recommended to reserve 27% of
employments
to the other Back word Classes(OBC’s)
Mandal Commission was constituted relating to reservation of backward classes
 Art.16 (4) enable the State to make provision for reservation of posts in government
jobs in favor of any backward section of the citizens.
 Art.16 (4) permits classification of backward classes in to backwards and more
backward
classes
 Art.16(4)A inserted by the 77th Amendment act-1995 give reservation for
SC & ST’s in
Promotion also
 Now there is 15% reservation for SC and 3% STs
 Jobs are reserved for scheduled castes and scheduled tribespeople Both at the
time of appointment andpromotion
o CREMY LAYER
 It means Persons holding high post and having higher income of backward
classpeople
o Political representation for SC & ST’s
 Art.330- provides reservation in Lok-Sabhaseatson the basis of their

population, at present total 131 seats has been reserved,about 24% out of 545
Lok-Sabha seats
o For SC’s-84 Lok-sabha seats are reserved
o For ST-47 Lok-sabha seats are reserved
 Art.332-reservation in state assembly seats on the basis of their population
 in Local Self Govt. 15% for SC and 3% for ST
 Originally reservation was to operate only for 10 years, But under 95th
Amendment Act, 2009 the reservation extended up to year 2020.
 In reserved seats other caste citizen cannot contest the elections
 No reservation in Rajya sabha
 There is no reservation for the SC for Lok-sabha in the states of Arunachal
Pradesh, Sikkim, Tripura, Meghalaya, Manipur, Goa, Mizoram, Nagaland &
Jammu & Kashmir
 It is the constitutional obligatory for the state to have separate Minister for
the Tribal welfare in the states of Madhya Pradesh, Bihar & Orissa.

 In state of ASSAM the Governor is given certain special powers with respect to
the administration of the tribal areas as provided in the 6th Schedule of the
Constitution
 National Commission for SC & STs
o Art.338 provides for establishment of National Commission for SC& ST
o the Special officer who looks in to the working of the safeguards for SC & ST
is called as
Commissioner for SC & ST
o Art.338-A inserted by 89th Amendment Act-2003 provides for establishment
of
separate National Commission for SC and separate National commission for ST’s
o Chairperson, Vice Chairman and 3 members are appointed by President
 to investigate and monitor all matters relating to the safeguards for SC &
ST’s under
Constitution and any other Law
 to inquire in to specific complaints with respect of depreciation of rights and
constitutional safeguards to the SC & ST’s
 to advice planning process for the welfare and development of SC & ST’s
 present a report to President
 It has all the power of a civil Court- Summoning, enforce attendance,
receiving evidence, examination witness etc.
13.2. Backward Class
 Introduction
o Art -16 (4)-state can make provision for reservation in favor of BC
o the Government of India appointed-Mandal Commission in 1978 to investigate the
conditions of the socially and economically Backward classes of society
o It recommended
 27% reservation in education, Govt. appointment
 relaxation of upper age limit
o Backward can be further classified in to “More Backward”
13.3 Women
 Introduction
o Women and Children are consider to be the vulnerable/weak group
o The constitution empowers State Government to make special law for Women and
Children
o National commission for women was constitutedunder Act of 1990
o Art.14-Equality before law and Equal protection of Law
o Art.15-state shall not recriminate only on the basis of Religion, race, caste, Gender/sex
or place of birth
o Art.16-Equality in public appointments
o Art.39(d) Equal pay for equal work
o Art 51A-to respect women is one of the Fundamental Duties.
o Art 243(d) provides that- not less than 1/3 reservation of seats in Panchayath for women
o Art 243(T) provides- not less than 1/3 reservation of seats in Municipalities for women
o It is left to the particular states to give reservation more than 1/3 but not less than 1/3
in all the Local self-Government system.
o A Bill to provide 1/3 seats reservation for women in Parliament and state assembly has

not been approved by the Parliament.
13.4. Children
 Introduction
o Art -21A-free and compulsory education until the age of 14 years
o Art 23- prohibition of human trafficking/trading & Begar including children
o Art. 24-abolistion of child Labour
o Art.39-state shall protect women and children health
o Art-45 early child hood care till the age of 6 years
o prohibition of child marriage-
o as per the Marriage Act of 1954-age to get marry fixed for Men 21 years and
for Women- 18 years
o Legally permissible age to marriage for boy is 21 years & for girl is 18 respectively

14. EMERGENCY PROVISION
Introduction
o Art 352-360 deals with Emergency provision
o During the emergency central Govt. becomes Power full. All the states comes
under the total
control of Central Govt- Federal feature of Government will convert in to Unitary system
o President is empower to make proclamation of Emergency
o there are 3 types of emergencies-
 National emergency
 State emergency/constitutional emergency
 Financial Emergency
14.1 National emergency:

 Art 352-president may proclaim national emergency on two grounds:-
 War or external aggression-External emergency
 Armed rebellion-Internal Emergency
 If President is satisfied that there isthreat/imminent danger/ likely to cause
danger, he may declare even before the actual occurrence/happening of war
 President can limit the emergency to a limited/particular area
 President must proclaim National emergency only after receiving written
recommendation by the Union Council of ministers & NOT merely on the
Prime Minister Recommendation that means, to declare national emergency a
decision must be taken by the union Cabinet of ministers.
 Such Proclamation must approved by special majority (2/3 majority) in each Houses
of Parliament within one month from the date of issue of National emergency.
 National Emergency may operate for SIX months at a time
 it can be extended for indefinite time with the approval by Parliament for every
six month
 Emergency May revoked by the President any time such a revocation does not
require Parliament approval
 if parliament is not approved to extend the National Emergency President
must revoke the national emergency
 Effect of national emergency on FR’s

 during the emergency the life of the Lok-sabha may be extended beyond normal
tenure period of 5 years
 during the national emergency, Indian federation turns into Unitary feature, the
Indian Constitution is designed to work as a Unitary Government during the time
of National emergency
 under Art.19, the 6 freedoms can be suspended as provided under Art-358
 Suspensions of Art.19-freedoms and Art-32 enforcement of FRs can be made
by an order of the President during National Emergency.
 there may be Suspension of other FR except Art 20 & Art.21
o Art 20-Protection to the Accused person
 No Ex post facto law
 No Double Jeopardy
 No Self Incrimination only to Criminal cases

o Art 21-Protection of Life and personal Liberty
 So far 3 times National Emergency has been imposed
 on the basis of external emergency two times
o 1962-China war
o 1971-Pakisthan war,
 on the basis of “internal disturbances” once in
o 1975-internal aggression
o the word “internal disturbanceshas been substituted by the words
“ARMED
REBELLION” by 44th Amendment Act, 1978, therefore now
National emergency

may be proclaimed on the grounds of:- 1) War 2)External aggression 3)
armed rebellion (internal disturbances is not a ground now)
14.2 State emergency/constitutional emergency/President Rule
 Art-356 provides that President may proclaim State Emergency:-
 On the basis of the Governor Report or without governor report on the
grounds of failure of Constitutional machinery in the state. Failure of
constitutional machinery popularly known as “President Rule”. when such
a situation arises in which the state Governmentcannot be carried on in
accordance with provision of the Constitution
 whenever a state fails to comply with the directives of the central government
and Failure to maintain law and order
 Effects/Consequences of State Emergency :
 President take up the functions of the state Govt. there will be dismissal of
state council of ministers. President may suspend or dissolve the state
assembly. With the help of Chief Secretary the President will discharge
the Government duties in the statee where President Rule imposed.
 President can declare that the powers of the state legislatures are to be
exercise by the Parliament
 Parliament must approve the imposition of State Emergency within 2 months
from the date of issue
 duration of state emergency for 6 months only at a time
 Parliament may extend President Rule or state emergency for a maximum period of
3 years and not more than 3 years.
14.3 Financial Emergency
 Art 360-If President satisfied that the financial stability and credit of India
is under
threat than he (President) can impose financial emergency.
 EFFECTS of Financial Emergency
 President may issue direction to cut down/reduction in salaries and
allowances of the government employees serving in union or state
Government and even judges of SC & HC
 President ask all the states to reserve all money or financial bill passed by
the state legislature for his consideration
 during the operation of financial emergency the center acquires full control
over the states in financial matters
 so far no imposition or declare of Financial emergency in India

15. LOCAL SELF GOVERNEMT:
Powers & Functions of Municipalities, Panchayath and Co-operative Societies
15.1. Panchayath
 Local self Govt. in Rural called as Panchayath
 India has a democracy, Panchayath/Municipalities are the best example for
the India’s
democratic form of Govt.
 73rd Amendment Act,1992 deals with the local self-Government in the Rural
parts of India- Panchayath Raj system
 it inserted a New “Part-IX” and Art.243 “A” to 243 “O” which deals with
Panchayath
 Minimum age to contest Panchayath and municipalities is 21 years
 In Karnataka These LSG has 3 tier/levels
 Gram Panchayath
 for population of 5000
 representatives of gram panchayath are elected directly by the peoples of
the particular panchayath for 5 years
 the members of gram panchayath elect among themselves the President
&Vice President of gram panchayath
 term for 5 years
 Gramasabha is body or assembly consisting all the registered voters of
the villages of a panchayath
 Taluk Panchayath
 1 member for 10,000 population
 Structure: apart from elected members MPs of Lok-Sabha &
Rajyasabha, MLA &
MLC,1/5 of the presidents of Gram Panchayath on rotation basis
 term of Taluk Panchayath is 5 years
 the President & Vice President will be elected among themselves for the
period of
20 months
 Zillah Panchayath
 1 member for 40,000 population
 Structure: apart from elected members MPs Lok-Sabha &
Rajyasabha, MLA &
MLC
 term of Zilla Panchayath 5 years
 the President & Vice President will be elected among themselves for the
period of
30 months
ELECTIONS TO Panchayath Raj system
 Direct Election
 Election conducted NOT on the basis of Political Party in the Gram Panchayath
 Election will be conducted by STATE Election Commission established under Act.
 Reservation in the Grama, Taluk & Zilla Panchayath:-
 15 % for SC, Based on the proportion of the population of SC
 3% for ST based on the proportion of their Population
1/3 of seats reservedfor WOMEN
 Financial autonomy/independence has been given to Panchayath
15.2. Municipalities
 Local self Govt in Urban called as Municipalities/Mahanagara palike
 74rd Amendment Act,1992 inserted New Part-IX A and Art.243 “P”to
243“ZG” deals with Municipalities or urban local bodies
 In Karnataka
 Town Municipal council
 Population between 20,000 to 50,000
 City Municipal Council
 Population between 50,000 to 3,00,000
 Mahanagara Palike
 More than 3,00,000 population

 Composition
 Directly elected members-Councilors
 Structure: apart from elected members MPs Lok-Sabha & Rajyasabha, MLA
& MLC
 5 nominated members appointed by state Govt.
 Reservation
 15 % for SC, Based on the proportion of the population of SC
 3% for ST based on the proportion of their Population
 1/3 for WOMEN
 Election
 conducted on the basis of Political Party
 Election will be conducted by STATE Election Commission established under
Act.
 Tenure 5 years
15.3. CENTRE & STATE RELATION

 Legislative Relation: 7th schedule of the Constitution deals with the Law making
power of the Parliament (Union Govt) and state legislatures (State Govt) which are
divided as follows:
 LIST I or UNION LIST:- the Parliament has exclusive power to make law with
respect to the matters enumerated in the List I or Union List. There are 97
subjects: for e.g. Defence, banking, foreign affairs, Railways, Currency, atomic
energy, insurance etc.
 LIST II or State LIST: - the state legislature has exclusive power to make law
with respect to the matters enumerated in the List II or state List. There are 66
subjects: for
e.g. Police, lotteries, gambling,public health, public order, agriculture, prisons,
local government, fisheries etc.
 LIST III or Concurrent LIST:- Both the Parliament & state Legislatures has
power to make law with respect to the matters enumerated in the List III or
concurrent List. There are 47 subjects: for e.g. economic planning ,family
planning, population control, electricity, Labour welfare, newspaper, education,
forests, weights & measures, protection of wild animal & birds etc.
 Residuary power vested with Parliament: Whichever subjects/matter not
mentioned in the above 3 list, than only Parliament has power to make law for
those residuary subjects/matter which not included in the above 3 lists.

16.

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CONSTITUTION OF INDIA &

 IMP Events for the Growth of Constitution:

 1726- Charter 1726:

 1765-Grant of Diwani Rights

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 1773: REGULATING ACT-1773: (first written Document)

 1784 Pitts India Act, 1784.(Division of Power)

 1833-The Charter 1833

 1857-Mutiny-Sipayi Dange-First war of independence

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 1858-The Government of India Act-1858

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 Indian Council Act-1861

 Indian Council Act-1892

 Indian Council Act-1909-Minto Morley Reforms

 Entry of Mahatma(Mohanadas Karamachand Gandhi 02.10.1869)

 The Government of India Act-1919(Montague & Chelmsford Reforms)

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 The Government of India Act-1935

 1939-Second world war against Germany, Japan

 1942-SIR STAFFORD CRIPPS-Mission

 1946-CABINET MISSION-3 Ministers of British Government

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 1947-1950 : CONSTITUENT ASSEMBLY:

 29th Aug, 1947 Constitution Drafting Committee was set up – 7 members

o Draft Published in Jan, 1948

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

1. Lengthiest constitution in the world:

3. Partly flexible and partly rigid constitution:

4. Parliamentary form of Democracy/Government:

6. DPSP(Directive Principles of State Policy):

7. Quasi federal constitution:

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

10. Indian Constitution provides Single Citizenship to the citizens

11. Fundamental Duties

3. PREAMBLE OF THE CONSTITUION

3.2 Preamble-TEXT- Reads

“We, the People of India having Solemnly resolved to constitute India in to a

 Justice-1) Social, 2) economic and 3) Political;

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

3.4 Meaning of the Key words of Preamble

 Republic Country-two types democratic polity

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 Liberty-no restraints on the activities of the individuals

 Unity and Integrity

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

4.2 Salient feature of FR

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 Art-15- Prohibits Discrimination on the basis only on Religion, Caste, Race,

 Art-16- Equal opportunities in the matters of Employment under state-

 Art-17- Abolish untouchability-

 Art-18- Abolition of Titles

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

1. ART.19(1)(a) Right to freedom of speech and expression

2. ART.19(1)(b) Right assemble peacefully and without Arms

3. ART.19(1)(c) Right to form association or unions or co-operative societies

4. ART.19(1)(d) Right to move freely throughout the territory of India

5. ART.19(1)(e)Right to reside/live(temporarily) and settle down/set up a home/

6. ART.19(1)(g) Right to practice any profession or to carry on any occupations,

 7th freedom-ART.19(1)(f)Right to acquire hold and dispose of property

22ICO17 / 27 NOTES PREPARED BY PROFESSOR ANSHU DEEPAK . DEPARTMENT OF ECE

 Art-22 Protection against arrest and detention

 Arrested person has following mandatory rights