Constitution of India Manual12

MOTHER TERESA INSTITUTE OF SCIENCE AND TECHNOLOGY
UNIT – I
HISTORY OF MAKING THE INDIAN CONSTITUTION AND
DRAFTING COMMITTEE
1. What is the Historical Background of Indian Constitution?

Background of Indian Constitution
In 1928, the All Parties Conference convened a committee in Lucknow to prepare the
Constitution of India, which was known as the Nehru Report.
Most of India was under direct British rule from 1857 to 1947. Upon independence it became
clear an new constitution was need to be created. But for that the all of India needed to be bough
into the union. This meant the the Princely States needed to be convinced to become a part of the
Indian union. Either by force or diplomacy. Sardar Vallabhai Patel and V.P Menon did this
unenviable task. Until this happened India was still legally a dominion under the British,
responsible for external security
Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of
India Act 1935 when it became effective on 26 January 1950. India ceased to be a dominion of
the British Crown and became a sovereign democratic republic with the constitution.
Historical Evolution of the Indian Constitution
There are various layers in the background of the Indian Constitution:
 Regulating Act 1773
 Pitt’s India Act 1784
 Charter Act of 1813
 Government of India Act 1858
 Indian Councils Act 1861
 India Councils Act 1892
Department of CSM, CIVIL & ECE

Regulation: R – 18
Year/Sem: II/ I, Revision: 2023-1
Course Code & Name: MC309& Constitution of India
Prepared by: Mr. P.Appaiah Page 1 of 52
 Morley-Minto Reforms 1909
 Montague-Chelmsford Reforms 1919
 Government of India Act 1935
 Indian Independence Act 1947
These acts were in some way instrumental for the development of the Indian Constitution.
History of Indian Constitution – Regulating Act 1773
 First time the British Parliament resorted to regulating the affairs of the East India
Company.
 The Governor of Bengal was made the Governor-General of Bengal (Warren Hastings).
 An Executive Council of the Governor-General was created with 4 members.
 Centralised the administration with the Presidencies of Madras and Bombay being made
subordinate to the Bengal Presidency.
 Supreme Court was established at Calcutta as the Apex Court in 1774.
 Prohibited company officials from engaging in private trade and from accepting gifts
from Indians.
History of Indian Constitution – Pitt’s India Act 1784
 Commercial and political functions of the company separated. The Court of Directors
managed the commercial activities while the Board of Control managed political affairs.
 The company territories in India were called ‘British possession in India’.
 Governor’s Councils were set up in Madras and Bombay as well.
History of Indian Constitution – Charter Act 1813
 This act ended the East India Company’s monopoly over trade with India except in tea
and opium. Trade with India was open to all British subjects.

 Governor-General of Bengal was designated the Governor-General of India (Lord

William Bentinck).
 The legislative powers of the Bombay and Madras Presidencies were removed.
 This act ended the commercial activities of the company and it was transformed into an
administrative body.
 The legislative and executive powers of the Governor-General’s Council were separated.
 A Central Legislative Council was created of 6 members out of which 4 were appointed
by the provisional governments of Madras, Bombay, Agra and Bengal.
 The Indian civil service was opened as a means to recruit officers for administration
through open competition.
History of Indian Constitution – Government of India Act 1858
 After the 1857 revolt, the rule of the company was ended and the British possessions in
India came directly under the British Crown.
 The office of the Secretary of State for India was created. He was assisted by a 15-
member Council of India.
 The Indian administration was under his authority and the Viceroy was his agent. The
Governor-General was designated the Viceroy as well (Lord Canning).
 The Court of Directors and the Board of Control were abolished.
History of Indian Constitution – Indian Councils Act 1861

 Indians were given representation in the Viceroy’s Councils. 3 Indians entered the
Legislative Council.
 Provisions were made for the entry of Indians in the Viceroy’s Executive council also as
non-official members.
 Portfolio system was recognised.
 Decentralisation initiated with the presidencies of Madras and Bombay being restored
their legislative powers.
History of Indian Constitution – Indian Councils Act 1892
 Indirect elections (nominations) were introduced.
 Legislative Councils expanded. Gave more functions to the legislative councils such as
the discussion of budget and questioning the executive.
History of Indian Constitution – Indian Councils Act 1909 (Morley-Minto

Reforms)
 Direct elections to the legislative councils were introduced for the first time.
 Central Legislative Council became the Imperial Legislative Council.
 The number of members of the legislative council was increased from 16 to 60.
 The concept of the separate communal electorate was accepted.
 For the first time, an Indian was made a member of the Viceroy’s Executive Council.
(Satyendra Prasad Sinha – Law Member).
History of Indian Constitution – Government of India Act 1919 (Montague-

Chelmsford Reforms)
 Central and provincial subjects were separated.

 Diarchy was introduced in the provincial governments with executive councillors being
in charge of the reserved list and the ministers in charge of the transferred list of subjects.
 The ministers were nominated from among the elected members of the legislative council
and were responsible to the legislature.
 A bicameral legislature was introduced for the first time at the centre. (Legislative
council and legislative assembly later to become Rajya Sabha and Lok sabha
respectively).
 It mandated 3 members of the Viceroy’s executive council to be Indians.
 This act provided for the first time, the establishment of a public service commission in
India.
 This act extended the right to vote and with this, about 10% of the population acquired
voting rights.
History of Indian Constitution – Government of India Act 1935
 An all-India Federation was proposed which would consist of British India and the
princely states. This never materialised though.
 Subjects were divided between the centre and the provinces. Centre was in charge of the
Federal List, provinces in charge of the Provincial List and there was a Concurrent List
which both catered to.
 Diarchy was abolished at the provincial level and introduced at the centre.
 More autonomy was accorded to the provinces and in 6 out of 11 provinces, the
bicameral legislature was introduced.
 A federal court was established and the Indian Council abolished.
 Burma and Aden were severed off from India.
 This act provided for the establishment of the RBI.
 This Act continued until it was replaced by the new Indian Constitution.

History of Indian Constitution – Indian Independence Act 1947
 India was declared independent and sovereign.
 The Viceroy and the Governors were made constitutional (nominal) heads.
 Set up responsible governments at the centre and the provinces.
 Assigned both legislative and executive powers to the Constituent Assembly of India.
2. What was the role of the drafting committee in the Indian Constitution?
The drafting committee was a committee established by the Constituent Assembly of India to
draft the Indian Constitution. The Constituent Assembly was formed to draft a Constitution for
India after its independence from British rule in 1947. The drafting committee was formed on
August 29, 1947, and was responsible for drafting the Constitution of India, which was adopted
on November 26, 1949.
The drafting committee was chaired by Dr. B.R. Ambedkar, who is often referred to as the
"Father of the Indian Constitution." Ambedkar was a prominent Dalit leader and a leading figure
in the Indian independence movement. He was responsible for drafting the majority of the
Constitution and is considered one of the most significant figures in modern Indian history.
3. Who were the drafting Committee prominent members?
The other members of the drafting committee included:
1. N. Gopalaswami Ayyangar
2. Alladi Krishnaswamy Iyer
3. K. M. Munshi
4. Mohammed Saadulla
5. B.L. Mitter
6. D.P. Khaitan
All of these members played a crucial role in the drafting of the Indian Constitution, with each
member bringing their own unique perspective and expertise to the committee. The drafting
committee worked tirelessly for months to draft the Constitution, which was then presented to
the Constituent Assembly for discussion and debate. The Constitution was finally adopted on
November 26, 1949, and it came into effect on January 26, 1950.
4. Write about drafting committee?
Indian constitution was written by the drafting committee. Why do they tell only the name
of Ambedkar? Why do they not recognize the other drafting members?
Dr. Babasaheb Ambedkar recognized as the only person who drafted the Constitution of India
because in real Dr. Ambedkar wrote the whole text single-handedly, as a Chairman of Drafting
committee and duty to Parliament it was his responsibility to complete the draft of the
Constitution, in-spite of his bad health and busy personal social service.
To understand more you can read T. T. Krishnamachari & Dr. Rajendra Prasad’s speech in the
Constituent Assembly
T. T. Krishnamachari in his speech in Constituent assembly about Dr. Babasaheb's dedicatory
contribution said, "Out of the seven members selected to prepare the draft constitution, one
resigned, one died, one left for America, one was busy with his work in princely state, one or two
live away from Delhi, some had to be excused for health reasons, Dr. Ambedkar was the only
one who had to bear the brunt."
The 1st President of India, Dr. Rajendra Prasad, praised the services rendered by Dr. Babasaheb
in the making of the Constitution said, "I have carefully watched the day-to-day activities from
the presidential seat. Therefore, I appreciate more than others with how much dedication and
vitality this task has been carried out by the Drafting Committee and by its chairman Dr. Bhim
Rao Ambedkar in particular. We never did a better thing than having Dr. Ambedkar on the
Drafting Committee and selecting him as its chairman."
This may answer your question that Why Dr. Babasaheb Ambedkar is recognized as a person
who wrote the “Constitution of India”
Reference:
 Dr. Babasaheb Ambedkar Writings and Speeches: Volume 13, Dr. Babasaheb
Ambedkar – The Principal Architect of the Constitution of India.
 November 26: "Constitutional day of India"

5. Write about the functions of drafting committee of India?
Ans: 9 December 1946: Formation of the Constituent Assembly (drafting a separate state,
the Muslim league boycotted the meeting)
 11 December 1946: President Appointed – ⁣Rajendra Prasad, vice-chairman Harendra
Coomar Mookerjee and constitutional legal adviser B. N. Rau (initially 389 members in
total, which declined to 299 after partition. Out of 389, 292 were from government
provinces, 4 from chief commissioner provinces and 93 from princely states)
 13 December 1946: An 'Objective Resolution' was presented by Jawaharlal Nehru, laying
down the underlying principles of the constitution, which later became the Preamble of the
constitution.
 22 January 1947: Objective resolution unanimously adopted.
 22 July 1947: National flag adopted.
 15 August 1947: Achieved independence. India split into Dominion of India and Dominion
of Pakistan.
 29 August 1947: Drafting Committee appointed, with Dr. B. R. Ambedkar as the chairman.
Other 6 members of the committee were: K.M.Munshi, Muhammad Saadulah, Alladi
Krishnaswamy Iyer, Gopala Swami Ayyangar, N. Madhava Rao (He replaced B.L. Mitter
who resigned due to ill-health), T. T. Krishnamachari (He replaced D.P. Khaitan who died in
1948).
 16 July 1948: Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was also
elected as the second vice-president of the Constituent Assembly.
 26 November 1949: 'Constitution of India' passed and adopted by the assembly.
 24 January 1950: Last meeting of the Constituent Assembly. 'Constitution of India' (with
395 articles, 8 schedules, 22 parts) was signed and accepted by all.
 26 January 1950: The 'Constitution of India' came in to force after 2 years, 11 months and
18 Days, at a total expenditure of ₹6.4 million to finish.
 Ganesh Vasudev Mavalankar was the first speaker when meeting the assembly of Lok
Sabha, after turning republic.

UNIT – II
PHILOSOPHY OF THE INDIAN CONSTITUTION – PRAMBLE
SAILENT FEATURES
1. What are the silent futures of Indian Constitution? Explain any two.
The salient features of the Indian Constitution are listed and briefed below:
1. Lengthiest Written Constitution
 Constitutions are classified into written, like the American Constitution, or unwritten, like
the British Constitution.
 The Constitution of India has the distinction of being the lengthiest and most detailed
constitutional document the world has so far produced. In other words, the Constitution
of India is the lengthiest of all the written constitutions of the world.
 It is a very comprehensive, elaborate and detailed document.
 The factors that contributed to the elephantine size of the Indian Constitution are:
 Geographical factors, that is, the vastness of the country and its diversity.
 Historical factors, for instance, the influence of the Government of India Act of 1935,
which was bulky.
 Single constitution for both the Centre and the states.
 The dominance of legal luminaries in the Constituent Assembly.
The Constitution of India contains not only the fundamental principles of governance but
also detailed administrative provisions.
Both justiciable and non-justiciable rights are included in the Constitution.

2. Drawn from Various Sources
The Constitution of India has borrowed most of its provisions from the constitutions of various
other countries as well as from the Government of India Act of 1935 [About 250 provisions of
the 1935 Act have been included in the Constitution].
 Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after
‘ransacking all the known Constitutions of the world’.
 The structural part of the Constitution is, to a large extent, derived from the
Government of India Act of 1935.
 The philosophical part of the Constitution (Fundamental Rights and the Directive
Principles of State Policy) derive its inspiration from the American and Irish
Constitutions respectively.
 The political part of the Constitution (the principle of Cabinet government and the
relations between the executive and the legislature) has been largely drawn from the
British Constitution.
3. Blend of Rigidity and Flexibility

 Constitutions are classified into rigid and flexible.
 A rigid constitution is one that requires a special procedure for its amendment, for
example, the American Constitution.
 A flexible constitution is one that can be amended in the same manner as ordinary laws
are made, for example, the British Constitution.
 The Indian Constitution is a unique example of a combination of rigidity and flexibility.
 A constitution may be called rigid or flexible on the basis of its amending procedure.
 The Indian Constitution provides for three types of amendments ranging from simple to
most difficult procedures depending on the nature of the amendment.
4. Parliamentary Form of Government

 The Constitution of India has opted for the British Parliamentary System of Government
rather than the American Presidential system of government.

 The parliamentary system is based on the principle of cooperation and coordination
between the legislative and executive organs while the presidential system is based on the
doctrine of separation of powers between the two organs.
 The parliamentary system is also known as the ‘Westminster’ model of government,

responsible government and cabinet government.
 The Constitution establishes the parliamentary system not only at the Centre but also in
the States.
 In a parliamentary system, the role of the Prime Minister has become so significant, and
therefore it is called a ‘Prime Ministerial Government’.
2. What is Federal System of India?
 The Constitution of India establishes a federal system of government.
 It contains all the usual features of a federation, such as two governments, division of
powers, written constitution, the supremacy of the constitution, the rigidity of the
Constitution, independent judiciary and bicameralism.
 However, the Indian Constitution also contains a large number of unitary or non-federal
features, such as a strong Centre, a single Constitution, the appointment of a state
governor by the Centre, all-India services, an integrated judiciary, and so on.
 Moreover, the term ‘Federation’ has nowhere been used in the Constitution.
 Article 1 describes India as a ‘Union of States’ which implies two things:
 Indian Federation is not the result of an agreement by the states.
 No state has the right to secede from the federation.
Hence, the Indian Constitution has been variously described as ‘federal in form but
unitary in spirit’, and ‘quasi-federal’ by K C Wheare.
3. What are the features of parliamentary government in India?
The features of parliamentary government in India are as follows:
 Presence of real and nominal executives
 Majority party rule
 Collective responsibility of the executive to the legislature

 Membership of the ministers in the legislature
 The leadership of the prime minister or the chief minister
 Dissolution of the lower house (Lok Sabha or Assembly)
 Indian Parliament is not a sovereign body like the British Parliament
 Parliamentary Government combined with an elected President at the head (Republic)
UNIT – III
FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES
1. What are the Fundamental Rights?
Fundamental rights are the basic human rights enshrined in the Constitution of India which are
guaranteed to all citizens. They are applied without discrimination on the basis of race, religion,
gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain
conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
1. They are enshrined in the Constitution which guarantees them
2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a
court of law.
List of Fundamental Rights
There are six fundamental rights of Indian Constitution along with the constitutional articles
related to them are mentioned below:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
2. Why Right to Property is not a Fundamental Right?
There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.

3. What are the fundamental duties?

Fundamental Duties
These Fundamental Duties were mainly inspired by the body of the former Soviet Union. Total
11 essential duties in India. We should Abide by the Indian Constitution.
The following is a list of 11 fundamental duties –
1. Abide by the Constitution and respect national flag & National Anthem
2. Follow ideals of the freedom struggle
3. Protect sovereignty & integrity of India
4. Defend the country and render national services when called upon
5. Developing the spirit of common brotherhood
6. Preserve composite culture of the country
7. Preserve natural environment
8. Develop scientific temper and humanity
9. Safeguard public property and avoid violence
10. Strive for excellence in all spheres of life.
11. Duty of all parents/guardians to send their children in the age group of 6-14 years to school.
The purpose behind the creation of Fundamental Duties is that every citizen should realise that
the first is to Defend the country and promote harmony of the nation; that is, the national interest
should be ahead of every action and goal.
Indian Fundamental Duties include abiding by the Indian Constitution, respecting our flag,
keeping a sense of respect for the national anthem and protecting public property.
In this constitution, through the 42nd Amendment Act 1976, the fundamental duties of citizens
were listed. Article 51 ‘A’ embodied in Part IV of the Constitution deals with Fundamental
Duties. In India, January 6 is celebrated as “Fundamental Duties Day”.
 Some other essential subjects not included in this list like paying taxes, family planning and
voting etc.

 Many Fundamental Duties are not defined correctly. That’s why it is difficult to understand.
 There is no talk of enforcemenḤt of duties, which is the main criticism. Because for this
reason it has not been implemented well till now.
 Some experts believe that by including it in Part-4A, the value of Fundamental Duties gets
reduced following the policy directive principles.
4. Explain about importance of right to equality in India.
The right to equality provides for the equal treatment of everyone before the law, prevents
discrimination on various grounds, treats everybody as equals in matters of public employment,
and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).
Right to Equality – Indian Polity

Right to Equality
Before knowing about the right to equality, aspirants should know the types of equality to get an
idea of what it is. It is also mentioned in our Preamble. The types of equality are:
1. Natural
2. Social
3. Civil
4. Political
5. Economic
6. Legal
The Right to Equality is one of the Fundamental Rights enshrined in the Constitution of India. It
is very important to understand what this right entails and includes.
Below we provide the associated articles of the Constitution under the right to equality.

Right to Equality
Article Brief description
Article The State shall not deny to any person equality before the law or
14 the equal protection of the laws within the territory of India, on
grounds of religion, race, caste, sex or place of birth
Article The State shall not discriminate against any citizen on grounds
15 only of religion, race, caste, sex, and place of birth or any of them.
Article There shall be equality of opportunity for all citizens in matters

16 relating to employment or appointment to any office under the
State.
Article Abolition of untouchability

17
Article Abolition of all titles except military and academic

18
Equality before the law (Article 14)

Article 14 treats all people the same in the eyes of the law. This Article is described in two parts – wich
states and commands the State not to deny to any person ‘equality before the law’. Another part of it also
commands the State not to deny the ‘equal protection of the laws’.
 This provision states that all citizens will be treated equally before the law and avoids any kind of
discrimination.
 The law of the country protects everybody equally.
 Under the same circumstances, the law will treat people in the same manner.
Prohibition of discrimination (Article 15)
This article prohibits discrimination in any manner. This article secures the citizens from every sort of
discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or of them.
 No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be
subject to any liability, disability, restriction or condition with respect to:
 Access to public places
 Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the
general public
The article also mentions that special provisions can be made for women, children and the
backward classes notwithstanding this article.
Equality of opportunity in matters of public employment (Article 16)
Article 16 provides equal employment opportunities in State service for all citizens.
 No citizen shall be discriminated against in matters of public employment or appointment on the

grounds of race, religion, caste, sex, place of birth, descent or residence.
 Exceptions to this can be made for providing special provisions for the backward classes.
Abolition of untouchability (Article 17)

Article 17 prohibits the practice of untouchability.
 Untouchability is abolished in all forms.
 Any disability arising out of untouchability is made an offence.
Abolition of titles (Article 18)
Article 18 abolishes titles.
 The State shall not confer any titles except those which are academic or military titles.
 The article also prohibits citizens of India from accepting any titles from a foreign State.
 The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur,
Khan Bahadur, etc.
 Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours
like Ashok Chakra, Param Vir Chakra do not belong to this category.
5. What are the exceptions to the right of equality of opportunity in matters of public employment?
Under Article 16, exceptions to the right of equality of opportunity in matters of public employment are
provided for to protect the interests of the weaker and vulnerable sections of society such as women,
children, the backward classes (SC/ST) and minorities. The Parliament may also pass a law to the effect
that a certain post be filled only by people residing in a certain area, to fulfil the conditions of the post that
warrants the knowledge of the locality and the local language. The article also mentions that there can be
a law which provides that the incumbent of an office in connection with the affairs of any religious or
denominational institution shall be a person professing a particular religion or belonging to a particular
denomination.
6. Explain about importance of article 21.
The Right to Life and Personal Liberty is assured by the Indian Constitution under Article 21.
This is a very important and wide topic and has several implications for the citizens of India. In
this article, you can read all about Article 21.
Right to Life – Indian Polity Here

According to Article 21:“protection of Life and Personal Liberty: No person shall be deprived of
his life or personal liberty except according to procedure established by law.”
 This fundamental right is available to every person, citizens and foreigners alike.
 Article 21 provides two rights:
 Right to life
 Right to personal liberty
The fundamental right provided by Article 21 is one of the most important rights that the
Constitution guarantees.
The Supreme Court of India has described this right as the ‘heart of fundamental
rights’.
The right specifically mentions that no person shall be deprived of life and liberty except
as per the procedure established by law. This implies that this right has been provided against
the State only. State here includes not just the government, but also, government departments,
local bodies, the Legislatures, etc.
Any private individual encroaching on these rights of another individual does not amount
to a violation of Article 21. The remedy for the victim, in this case, would be under Article 226
or under general law.
The right to life is not just about the right to survive. It also entails being able to live a
complete life of dignity and meaning.
The chief goal of Article 21 is that when the right to life or liberty of a person is taken
away by the State, it should only be according to the prescribed procedure of law.
Interpretation of Article 21
Judicial intervention has ensured that the scope of Article 21 is not narrow and restricted. It has
been widening by several landmark judgements.
A few important cases concerned with Article 21:

1. AK Gopalan Case (1950): Until the 1950s, Article 21 had a bit of a narrow scope. In
this case, the SC held that the expression ‘procedure established by law’, the Constitution
has embodied the British concept of personal liberty rather than the American ‘due
process’.
2. Maneka Gandhi vs. Union of India Case (1978): This case overturned the Gopalan
case judgment. Here, the SC said that Articles 19 and 21 are not watertight
compartments. The idea of personal liberty in Article 21 has a wide scope including
many rights, some of which are embodied under Article 19, thus giving them ‘additional
protection’. The court also held that a law that comes under Article 21 must satisfy the
requirements under Article 19 as well. That means any procedure under law for the
deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary.
Read the Maneka Gandhi case in detail in the linked article.
3. Francis Coralie Mullin vs. Union Territory of Delhi (1981): In this case, the court held
that any procedure for the deprivation of life or liberty of a person must be reasonable,
fair and just and not arbitrary, whimsical or fanciful.
4. Olga Tellis vs. Bombay Municipal Corporation (1985): This case reiterated the stand
taken earlier that any procedure that would deprive a person’s fundamental rights should
conform to the norms of fair play and justice.
5. Unni Krishnan vs. State of Andhra Pradesh (1993): In this case, the SC upheld the
expanded interpretation of the right to life.
The Court gave a list of rights that Article 21 covers based on earlier judgments. Some of them
are:
1. Right to privacy
2. Right to go abroad
3. Right to shelter
4. Right against solitary confinement
5. Right to social justice and economic empowerment
6. Right against handcuffing

7. Right against custodial death
8. Right against delayed execution
9. Doctors’ assistance
10. Right against public hanging
11. Protection of cultural heritage
12. Right to pollution-free water and air
13. Right of every child to a full development
14. Right to health and medical aid
15. Right to education
16. Protection of under-trials
Right to Life and Suicide

Section 309 of the Indian Penal Code (IPC) makes attempted suicide a criminal offence which is
punishable with imprisonment and fine.
 There were many debates on whether this should continue since mental health experts
have argued that people who attempt suicide need adequate counselling and not
punishment.
 The Mental Healthcare Act, 2017 was passed by the Parliament and the law came into
force in 2018. This Act is meant to provide “for mental healthcare and services for
persons with mental illness and to protect, promote and fulfil the rights of such persons
during delivery of mental healthcare and services.”
 This law decriminalizes suicide in India.
 The law states, “Notwithstanding anything contained in section 309 of the Indian Penal
Code, any person who attempts to commit suicide shall be presumed, unless proved
otherwise, to have severe stress and shall not be tried and punished under the said Code”.
Arguments against decriminalizing suicide:

1. No person has a complete autonomy with respect to his/her life. He/she has a duty with
respect to his family. In many cases, a person’s suicide could lead to a family being
destitute.
2. Decriminalizing suicide might lead to decriminalizing the abetment to suicide. The

counterargument to this point is that suicide alone can be decriminalized by having the
necessary amendments or legal provisions to cover abetment to suicide.
Arguments in favour of decriminalizing suicide:
1. This is the only case where an attempt to a crime is punishable and not the crime itself
(because a person becomes beyond the reach of law if suicide is complete).
2. Suicide is committed/attempted by people who are depressed and under severe stress.
People who attempt suicide need counseling and medical help, not a jail warden’s severe
authority.
3. Decriminalizing an attempt to suicide is different from conferring the ‘right to die’.
Right to Life and Euthanasia
There are many debates on whether the right to life also extends to the right to die, especially to
die with dignity. Euthanasia is a topic that is frequently seen in the news. Many countries have
legalised euthanasia (the Netherlands, Belgium, Colombia, Luxembourg).
Euthanasia is the practice of intentionally ending life in order to relieve suffering and pain. It is
also called ‘mercy killing’.
There are various types of euthanasia: Passive and Active.
Passive Euthanasia: This is where treatment for the terminally-ill person is withdrawn, i.e.,
conditions necessary for the continuance of life are withdrawn.
Active Euthanasia: This is where a doctor intentionally intervenes to end someone’s life with
the use of lethal substances.
This is different from physician-assisted suicide where the patient himself administers the lethal
drugs to himself. In active euthanasia, it is a doctor who administers the drugs.
Voluntary euthanasia: Under this, euthanasia is carried out with the patient’s consent.
Non-voluntary euthanasia: Under this, patients are unable to give consent (coma or severely
brain-damaged), and another person takes this decision on behalf of the patient.

Involuntary euthanasia: Euthanasia is done against the will of the patient, and this is
considered murder.
International Position on Euthanasia:
In the Netherlands and Belgium, both euthanasia and physician-assisted suicide are legal.
In Germany, euthanasia is illegal while physician-assisted suicide is legal.
Both euthanasia and physician-assisted suicide are illegal in India, Australia, Israel, Canada and
Italy.
Euthanasia in India
Passive euthanasia has been made legal in India.
 In 2018, the SC legalized passive euthanasia by means of the withdrawal of life support
to patients in a permanent vegetative state.
 This decision was made as a part of the verdict in the famous case involving Aruna
Shanbaug, who had been living in a vegetative state for more than 4 decades until her
death in 2015.
 The court rejected active euthanasia by means of lethal injection. Active euthanasia is
illegal in India.
 As there is no law regulating euthanasia in the country, the court stated that its decision
becomes the law of the land until the Indian parliament enacts a suitable law.
 Passive euthanasia is legal under strict guidelines.
 For this, patients must give consent through a living will, and should either be in a
vegetative state or terminally ill.
 Living Will: It is a legal document in which a person specifies what actions should be
taken for their health if they are no longer able to make such decisions for themselves due
to illness or incapacity.
When the executor (of the living will) becomes terminally ill with no hope of recovery, the
doctor will set up a hospital medical board after informing the patient and/or his guardians.

UNIT – IV
ORGANS OF GOVERNANCE
1. What is parliament? Explain their wings.
The Indian Parliament consists of two houses, namely, the Lok Sabha and the Rajya Sabha, with
the president of India acting as their head.
President of India
The president of India, the head of state, is a component of Parliament. Under Article
60 and Article 111 of the constitution, the president's responsibility is to ensure that laws passed
by the Parliament are in accordance with the constitutional mandate and that the stipulated
procedure is followed before indicating approval to the bills. The president of India is elected by
the elected members of the Parliament of India and the state legislatures and serves for a term of
five years.
Lok Sabha[edit]
The Lok Sabha (House of the People) or the lower house has 543 members. Members are
directly elected by citizens of India on the basis of universal adult
franchise representing parliamentary constituencies across the country. Between 1952 and
2020, two additional members of the Anglo-Indian community were also nominated by the
president of India on the advice of the Indian government, which was abolished in January 2020
by the 104th Constitutional Amendment Act, 2019.Every citizen of India who is over 18 years of
age, irrespective of gender, caste, religion, or race and is otherwise not disqualified, is eligible to
vote for members of the Lok Sabha. The constitution provides that the maximum strength of the
Lower House be 550 members. It has a term of five years. To be eligible for membership in the
Lok Sabha, a person must be a citizen of India and must be 25 years of age or older, mentally
sound, should not be bankrupt, and should not be criminally convicted. The total elective
membership is distributed among the states in such a way that the ratio between the number of
seats allotted to each state and the population of the state is, so far as practicable, the same for all

states. Out of 543 seats of Lok Sabha, 84 seats are reserved for Scheduled castes and 47 seats are
reserved for Scheduled tribe.
Rajya Sabha
The Rajya Sabha (Council of States) or the Upper House is a permanent body not subject to
dissolution. One-third of the members retire every second year and are replaced by newly elected
members. Each member is elected for a term of six years.. Its members are indirectly elected by
members of legislative bodies of the states. The Rajya Sabha can have a maximum of 250
members. It currently has a sanctioned strength of 250 members, of which 238 are elected
from states, and union territories and 12 are nominated by the president. The number of members
from a state depends on its population. The minimum age for a person to become a member of
the Rajya Sabha is 30 years. There are no caste based reservations in Rajya Sabha.
POWERS
As the primary institution responsible for lawmaking, the Indian Parliament possesses a wide
array of powers that form the backbone of the country's democratic governance.
 Legislative Powers:
1. Enacting Laws: The Parliament is vested with the authority to make laws on subjects
enumerated in the Union List and Concurrent List under the Constitution of India.
Bills can be introduced in either house, and upon approval, they become laws after
receiving the President's assent
2. Amending the Constitution: The Parliament can amend the Constitution with the
support of a special majority, allowing for modifications to accommodate changing
societal needs and aspirations.
 Residuary Powers: The Parliament holds exclusive authority over matters not covered by the
Union or State Lists, known as residuary powers.
 Financial Powers:
1. Formulation and Approval of the Union Budget: The Parliament plays a vital role in
the development and endorsement of the Union Budget. It carefully examines the

government's proposals for revenue generation and expenditure, provides
suggestions for modifications if necessary, and ultimately grants or withholds
financial allocations accordingly.
2. Taxation: Parliament has the power to levy and collect taxes, including income tax,
customs and excise duties, and goods and services tax (GST).
 Control over Public Expenditure: The Parliament scrutinizes government expenditure
through debates and discussions on budgetary allocations, ensuring accountability and
transparency
 Executive Powers:
1. Council of Ministers: The Parliament exercises executive powers indirectly through
its control over the Council of Ministers. The government is collectively responsible
to the Parliament, and its policies and actions are subject to parliamentary scrutiny.
2. Vote of No Confidence: The Parliament can remove the government from power
through a vote of no confidence. If the government fails to enjoy the majority's
support (in Lok Sbaha), it must resign.
 Questions and Motions: Members of Parliament have the right to raise questions, seek
clarifications, and move motions regarding the functioning of the government and its
policies.
 Oversight Powers:
1. Question Hour: Members of Parliament can ask questions of ministers during the
Question Hour, seeking clarifications on matters of public interest.
2. Committees: The Parliament appoints various committees, such as the Public
Accounts Committee (PAC), the Estimates Committee, and the Committee on Public
Undertakings, to oversee and examine government policies, programs, and their
implementation.
3. Impeachment Power: The Parliament has the authority to initiate impeachment
proceedings against the President, Vice President, and Judges of the Supreme Court
and high Courts for the violation of the Constitution.

2. What is no confidence motion?
A motion or vote of no confidence (or the inverse, a motion of confidence and

corresponding vote of confidence) is a formal expression by a deliberative body (often
a legislature) as to whether an officeholder (typically an executive) is deemed fit to continue to
occupy their office. The no-confidence vote is a defining feature of parliamentary
democracy which allows the elected parliament to either affirm their support or force the ouster
of the cabinet. Systems differ in whether such a motion may be directed against the prime
minister only or against individual cabinet ministers.
A censure motion is different from a no-confidence motion. Depending on the constitution of the
body concerned, "no confidence" may lead to the dismissal of the council of ministers or other
position-holders and often the dissolution of most of the leadership of the executive branch. On
the other hand, "censure" is meant to show disapproval and does not result in the resignation of
ministers. The motion of censure may be against an individual minister or a group of ministers.
However, depending on a country's constitution, a no-confidence motion may be more directed
against the entire cabinet. Again, depending on the applicable rules, censure motions may need
to state the reasons for the motion, but specific reasons may not be required for no-confidence
motions.
3. Write about selection process of President of India?
The president of India (IAST: Bhārat kē Rāṣṭrapati) is the head of state of the Republic of India.
The president is the nominal head of the executive,[a] the first citizen of the country, as well as
the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current
president, having taken office from 25 July 2022.
The office of president was created when India became a republic on 26 January 1950 when its
constitution came into force. The president is indirectly elected by an electoral
college comprising both houses of the Parliament of India and the legislative assemblies of each
of India's states and territories, who themselves are all directly elected by the citizens.

Article 53 of the Constitution of India states that the president can exercise their powers directly
or by subordinate authority, though all of the executive powers vested in the president are, in
practice, exercised by the prime minister heading the Council of Ministers.[3] The president is
bound by the constitution to act on the advice of the Council and to enforce the decrees passed
by the Supreme Court under article 142.
4. Explain about Powers and duties of President of India?
Under the draft constitution the President occupies the same position as the King under the
English Constitution. He is the head of the state but not of the Executive. He represents the
Nation but does not rule the Nation. He is the symbol of the Nation. His place in the
administration is that of a ceremonial device on a seal by which the nation's decisions are made
known.
— Bhimrao Ambedkar, as chairperson of the drafting committee of the Constituent Assembly of

India during various debates about the president being constitutional head of the state
Duty
The primary duty of the president is to preserve, protect and defend the constitution and the law
of India as made part of their oath (Article 60 of Indian constitution). The president is the
common head of all independent constitutional entities. All their
actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers
(Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative
entities of India shall be used in accordance to uphold the constitution There is no bar on the
actions of the president to contest in the court of law.
Legislative powers
Legislative power is constitutionally vested in the Parliament of India of which the president is
the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.).
The president summons both the houses (Lok Sabha and Rajya Sabha) of the parliament and
prorogues them. They can dissolve the Lok SabhaThe president inaugurates parliament by
addressing it after the general elections and also at the beginning of the first session every year

per Article 87(1). The presidential address on these occasions is generally meant to outline the
new policies of the governmentAll bills passed by the parliament can become laws only after
receiving the assent of the president per Article 111. After a bill is presented to them, the
president shall declare either that they assent to the Bill, or that they withhold assent from it. As a
third option, they can return a bill to parliament, if it is not a money bill, for reconsideration.
President may be of the view that a particular bill passed under the legislative powers of
parliament is violating the constitution, they can send back the bill with their recommendation to
pass the bill under the constituent powers of parliament following the Article 368 procedure.
When, after reconsideration, the bill is passed accordingly and presented to the president, with or
without amendments, the president cannot withhold their assent from it. The president can also
withhold their assent to a bill when it is initially presented to them (rather than return it to
parliament) thereby exercising a pocket veto on the advice of the prime minister or council of
ministers per Article 74 if it is inconsistent with the constitution.[12] Article 143 gives the
president the power to consult the supreme court about the constitutional validity of an issue. The
president shall assent to constitutional amendment bills without power to withhold the bills
per Article 368 (2).
Executive powers
The President of the Indian Union will be generally bound by the advice of his Ministers. ... He
can do nothing contrary to their advice nor can do anything without their advice. The President
of the United States can dismiss any Secretary at any time. The President of the Indian Union has
no power to do so, so long as his Ministers command a majority in Parliament
As per Article 53, the executive power of the country is vested in the president and is exercised
by the president either directly or through officers subordinate to him in accordance with the
constitution. When parliament thinks fit it may accord additional executive powers to the
president per Article 70 which may be further delegated by the president to the governors of
states per Article 160. Union cabinet with prime minister as its head, should aid and advise the
president in performing their functions. Per Article 74 (2), the council of ministers or prime
minister are not accountable legally to the advice tendered to the president but it is the sole
responsibility of the president to ensure compliance with the constitution in performing their

duties. President or their subordinate officers is bound by the provisions of the constitution
notwithstanding any advice by the union cabinetAs per Article 142, it is the duty of the president
to enforce the decrees of the supreme court.
Judicial powers
The primary duty of the president is to preserve, protect and defend the constitution and the law
of India per Article 60. The president appoints the Chief Justice of India and other judges on the
advice of the chief justice. The President may dismiss a judge with a two-thirds vote of the two
Houses of the parliamentThe Indian government's chief legal adviser, Attorney General of India,
is appointed by the president of India under Article 76(1) and holds office during the pleasure of
the president. If the president considers a question of law or a matter of public importance has
arisen, they can also ask for the advisory opinion of the supreme court per Article 143.
Per Article 88, the president can ask the attorney general to attend the parliamentary proceedings
and report to him any unlawful functioning if any.
Appointment powers
The president appoints as prime minister, the person most likely to command the support of the
majority in the Lok Sabha (usually the leader of the majority party or coalition). The president
then appoints the other members of the Council of Ministers, distributing portfolios to them on
the advice of the prime minister. The Council of Ministers remains in power at the 'pleasure' of
the president.
The president appoints 12 members of the Rajya Sabha from amongst persons who have special
knowledge or practical experience in respect of such matters as literature, science, art and social
service. The president may nominate not more than two members of Anglo Indian community
as Lok Sabha members per Article 331, which was removed in 2019.
Governors of states are also appointed by the president who shall work at the pleasure of the
president. Per Article 156, the president is empowered to dismiss a governor who has violated
the constitution in their acts.

The president is responsible for making a wide variety of appointments. These includeThe Chief
Justice of India and other judges of the Supreme Court of India and state/union territory high
courts.
 The Chief Minister of the National Capital Territory of Delhi (Article 239 AA 5 of the
constitution).
 The Comptroller and Auditor General Of India.
 The Chief Election Commissioner and other Election Commissioners.
 The Chairman and other members of the Union Public Service Commission.
 The Attorney General Of India.
 Ambassadors and High Commissioners to other countries (only through the list of names
given by the prime minister Officers of the All India Services (IAS, IPS and IFoS), and
other Central Civil Services in Group 'A'.
Financial powers
 A financial bill can be introduced in the parliament only with the president's
recommendation.
 The president lays the Annual Financial Statement, i.e. the Union budget, before the
parliament.
 The president can take advances out of the Contingency Fund of India to meet unforeseen
expenses.
 The president constitutes a Finance Commission every five years to recommend the
distribution of the taxes between the centre and the States. The most recent was constituted
in 2017. Diplomatic powers
All international treaties and agreements are negotiated and concluded on behalf of the president.
However, in practice, such negotiations are usually carried out by the prime minister along with
their Cabinet (especially the Minister of External Affairs). Also, such treaties are subject to the
approval of the parliament. The president represents India in international forums and affairs
where such a function is chiefly ceremonial. The president may also send and receive diplomats,
i.e. the officers from the Indian Foreign Service. The president is the first citizen of the country.

Military powers
The president is the Supreme Commander of the Indian Armed Forces. Only the president can
declare war or conclude peace, on the advice of the Union Council of Ministers headed by the
prime minister. All important treaties and contracts are made in the president's name.
Pardoning powers
See also: Presidential pardon
As mentioned in Article 72 of the Indian constitution, the president is empowered with the
powers to grant pardons in the following situations: punishment for an offence against Union law
 punishment by a military court

 a death sentence
The decisions involving pardoning and other rights by the president are independent of the
opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president
exercises their executive powers on the advice of the prime minister and the cabinet.
Emergency powers
The president can declare three types of emergencies: national, state and financial, under articles
352, 356 & 360 in addition to promulgating ordinances under article 123.
National emergency
See also: The Emergency (India)
A national emergency can be declared in the whole of India or a part of its territory for causes of
war or armed rebellion or an external aggression. Such an emergency was declared in India in
1962 (Indo-China war), 1971 (Indo-Pakistan war), and 1975 to 1977 (declared by Indira
Gandhi). Under Article 352 of the India constitution, the president can declare such an
emergency only on the basis of a written request by the cabinet of ministers headed by the prime
minister. Such a proclamation must be approved by the parliament with at least a two-thirds
majority within one month. Such an emergency can be imposed for six months. It can be
extended by six months by repeated parliamentary approval-there is no maximum duration. In

such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms
under Right to Freedom are automatically suspended. However, the Right to Life and Personal
Liberty cannot be suspended (Article 21). The president can make laws on the 66 subjects of the
State List (which contains subjects on which the state governments can make laws).[ Also, all
money bills are referred to the president for approval. The term of the Lok Sabha can be
extended by a period of up to one year, but not so as to extend the term of parliament beyond six
months after the end of the declared emergency.
National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962
by President Sarvepalli Radhakrishnan, during the Sino-Indian War. This emergency lasted
through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second
emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of the Indo-
Pakistani War of 1971. The first two emergencies were in the face of external aggression and
War. They were hence external emergencies. Even as the second emergency was in progress,
another internal emergency was proclaimed by President Fakhruddin Ali Ahmed, with Indira
Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together
revoked.
State emergency
See also: Federalism in India
If the president is not fully satisfied, on the basis of the report of the governor of the concerned
state or from other sources, that the governance in a state cannot be carried out according to the
provisions in the constitution, they can proclaim under Article 356 a state of emergency in the
state Such an emergency must be approved by the parliament within a period of 2 months.
Under Article 356 of the Indian constitution, it can be imposed from six months to a maximum
period of three years with repeated parliamentary approval every six months. If the emergency
needs to be extended for more than three years, this can be achieved by a constitutional
amendment, as has happened in Punjab and Jammu and Kashmir.
During such an emergency, the president can take over the entire work of the executive, and the
governor administers the state in the name of the president. The Legislative Assembly can be

dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects
of the state list (see National emergency for explanation).
A State Emergency can be imposed via the following:
1. By Article 356 – If that state failed to run constitutionally, i.e. constitutional machinery
has failed. When a state emergency is imposed under this provision, the state is said to be
under "President's rule
2. By Article 365 – If that state is not working according to the direction of the Union
government issued per the provisions of the constitutionThis type of emergency needs
the approval of the parliament within 2 months. It can last up to a maximum of three
years via extensions after each 6-month period. However, after one year it can be
extended only if
1. A state of National Emergency has been declared in the country or the particular state.
2. The Election Commission finds it difficult to organise an election in that state.
The Sarkaria Commission held that presidents have unconstitutionally misused the provision of
Article 356 many times for achieving political motives, by dismissing the state governments
although there was no constitutional break down in the states During 2005, President's rule was
imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically
elected state legislators to form a government after the state elections.
There is no provision in the constitution to re-promulgate president's rule in a state when the
earlier promulgation ceased to operate for want of parliaments approval within two months
duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014
and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully
aware that the earliest parliament session is feasible at the end of May 2014 after the general
elections. It was reimposed again unconstitutionally on 28 April 2014 by the president
Financial emergency

Article 282 accords financial autonomy in spending the financial resources available with the
states for public purposes Article 293 gives liberty to states to borrow without any limit to its
ability for its requirements within the territory of India without any consent from the Union
government. However, the Union government can insist on compliance with its loan terms when
a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan
in respect of which a guarantee has been given by the Government of India under the liability of
consolidated fund of India. Under article 360 of the constitution, the president can proclaim a
financial emergency when the financial stability or credit of the nation or any part of its territory
is threatened. However, until now no guidelines defining the situation of financial emergency in
the entire country or a state or union territory or a panchayat or a municipality or a corporation
have been framed either by the finance commission or by the central government.
Such an emergency must be approved by the parliament within two months by a simple majority.
It has never been declared. A state of financial emergency remains in force indefinitely until
revoked by the president. 195
The president can reduce the salaries of all government officials, including judges of the supreme
court and high courts, in cases of a financial emergency. All money bills passed by state
legislatures are submitted to the president for approval. They can direct the state to observe
certain principles (economy measures) relating to financial matters.
SELECTION PROCESS:
Eligibility
Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the
office of the president. A president must be:
 a citizen of India
 of 35 years of age or above
 qualified to become a member of the Lok Sabha

A person shall not be eligible for election as president if they hold any office of profit under the
Government of India or the Government of any State or any local or other authority subject to
the control of any of the said Governments.
Certain office-holders, however, are permitted to stand as presidential candidates. These are:
 The current vice-president

 The governor of any state
 A Minister of the Union or of any state (including prime minister and chief ministers) In the
event that the vice-president, a state governor or a minister is elected president, they are
considered to have vacated their previous office on the date they begin serving as president.
A member of parliament or a State Legislature can seek election to the office of the president but
if they are elected as president, they shall be deemed to have vacated their seat in parliament or
State Legislature on the date on which they enter upon their office as President [Article 59(1)].
Article 57 provides that a person who holds, or who has held, office as president shall, subject to
the other provisions of this constitution, be eligible for re-election to that office.
Under the Presidential and Vice-Presidential Elections Act, 1952 a candidate to be nominated for
the office of president needs 50 electors as proposers and 50 electors as seconders for their name
to appear on the ballot.
Whenever the office becomes vacant, the new president is chosen by an electoral
college consisting of the elected members of both houses of parliament (MPs), the elected
members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected
members of the legislative assemblies (MLAs) of union territories with legislatures, i.e., National
Capital Territory (NCT) of Delhi, Jammu and Kashmir and Puducherry. The election process of
the president is a more extensive process than of the prime minister who is also elected indirectly
(elected by the members of the majority party (or union) in the Lok Sabha). Whereas President
being the constitutional head with duties to protect, defend and preserve the constitution and rule
of law in a constitutional democracy with constitutional supremacy, is elected in an extensive

manner by the members of Lok Sabha, Rajya Sabha and state legislative assemblies in a secret
ballot procedure.
The nomination of a candidate for election to the office of the president must be subscribed by at
least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security
deposit of ₹15,000 (US$190) in the Reserve Bank of India.[46] The security deposit is liable to be
forfeited in case the candidate fails to secure one-sixth of the votes polled.
The election is held by means of the instant-runoff voting (IRV) method The voting takes place
by a secret ballot system. The manner of election of President is provided by Article 55 of
the constitution.[48]
Each elector casts a different number of votes. The general principle is that the total number of
votes cast by Members of parliament equals the total number of votes cast by State Legislators.
Also, legislators from larger states cast more votes than those from smaller states. Finally, the
number of legislators in state matters; if a state has few legislators, then each legislator has more
votes; if a state has many legislators, then each legislator has fewer votes.
The actual calculation for votes cast by a particular state is calculated by dividing the state's
population by 1000, which is divided again by the number of legislators from the State voting in
the electoral college. This number is the number of votes per legislator in a given state. Every
elected member of the parliament enjoys the same number of votes, which may be obtained by
dividing the total number of votes assigned to the members of legislative assemblies by the total
number of elected representatives of the parliament.
Although Indian presidential elections involve actual voting by MPs and MLAs, they tend to
vote for the candidate supported by their respective parties.
5. What are Directive Principles of Our State Policy?
This article will highlight the Part IV- Article 36-51 along with its functions and its significance.
Directive Principles of Our State Policy: Part IV (Articles 36-51) of our constitution deals with
directive principles of state policy. It includes implementation of the uniform civil code,
abolition of untouchability and prohibition of its practice in any form and removal of legal
disabilities on the women etc.
Article 36-51 of our constitution says:

“The Directive Principles of State Policy set out in Part IV of the Constitution shall be full and
independent principles of State Policy which shall be recognized and observed by the State and
which shall form the basic policy of the Government in all matters.”
In other words, Article 36-51 gives directives to all the state departments, viz. Executive,
Legislature and Judiciary to observe these principles while working with respect to different
fields.
Objective of Directive Principles of Our State Policy:
Directive Principles of Our State Policy ensures the fundamental rights and prevents violation of
the same. They are almost like a kind of legal leash which can be used to check any tendency to
implement them in a few things, but at the same time never creating trouble in areas where right
has not been violated. The Directive Principles are ‘in a way’ considered as educational tools and
hence they do not have too much of a strict legal value. However, they play a significant role in
the making of the policy in India.
Otherwise, these principles, if violated, would lead to constitutional crisis or any kind of major
trouble against violation by state authorities. These principles mainly deal with the following
things:
List of Directive Principles of State Policy
Article 36- Defines the “state”.
Article 37-Part IV of the Indian Constitution shall not be enforceable in any court of law.
Article 38-Social, Political and Economic Justice.
Article 39-Principles of Policy.
Article 39A-Free Legal aid.
Article 40-Organization of Panchayats.
Article 41-Welfare Government.
Article 42-Securing just and humane work and maternity relief.
Article 43-Fair wages and a decent standard of life.
Article 43-A-Workers’ participation in management.
Article 43-B-Promotion of Cooperatives.
Article 44-Uniform Civil Code.
Article 45-Infant and Child Care.
Article 46-Protection of SCs, STs and other weaker sections from exploitation.

Article 47-Nutrition, Standard of living and public health.
Article 48-Scientific agriculture and animal husbandry.
Article 48-A-Environment and Wildlife Protection.
Article 49-Protection of monuments and places and objects which have national importance.
Article 50-Judiciary should be separate from the Executive.
Article 51-The state shall promote international peace and security.
Functions of Directive Principles of Our State Policy:
The functions of the directive principles are as follows:
1) Function as supplementary to the Fundamental rights.
2) Protect Fundamental Rights from violation.
3) Perform a balancing function between Fundamental Rights and Directive Principles.
4) Be the basis for making a uniform civil code for India.
5) Be the basis for constitutional amendments for removing social evils like untouchability, etc.
6) Be used as a tool to ensure self-governance of people in local government bodies, gram

panchayats, municipal wards etc.
How are Directive Principles of Our State Policy different from Fundamental Rights:
There is a difference between Directive Principles of Our State Policy and Fundamental Rights
in the following ways:
(a) Directive Principles are part of the basic structure of our constitution.
(b) Fundamental Rights are amendable, but the Directive Principles cannot be amended.
(c) Fundamental Rights are enforceable just in case of violation, but directive principles have no
such enforcement.

(d) Fundamental Rights are available to all citizens and can be enforced by any court, but the
Directive Principles of Our State Policy are only applicable to certain social classes or groups.
(e) Fundamental Rights can be restricted in the interest of public welfare, but the Directive
Principles cannot be restricted.
(f) Fundamental Rights are justiciable, but directive principles are not justiciable.
Supremacy of Fundamental Rights over Directive Principles:
Article 36 under the name “Directive Principles” has been put into our constitution before
fundamental rights. It is because there were several debates and discussions in our country and
among our founding fathers on whether directive principles of fundamental rights should have a
primary place in our constitution. The debate was all about which one is the most important and
effective method to protect fundamental rights from violation. In the end, it was decided that
both should be considered fundamental but that there should be an ever-present rule of
precedence.
Thus, we have a supreme rule of precedence where Fundamental Rights are supreme, but
Directive Principles are supplementary and complementary to them. The Directive Principles
form a part of the basic structure of our constitution as per Article 40-A, Part IV.
On the issue of supremacy and priority between fundamental rights and Directive Principles,
even after 70 years since we have a constitution nobody seems to be in disagreement over the
importance of Directive Principles. In fact, when we look at historical documents written by
these same framers, they all express commitment towards natural justice principles.
Conclusion:
Directive Principles of Our State Policy holds a very significant place in our constitution. They
are, in a way, the backbone of the Indian Constitution. They are essential for its proper
implementation. The civil code is one of the most important directive principles which would
ensure equality for all Indians irrespective of gender and religion. Hence it is important to follow
them in letter and spirit to make a better India free from any kind of social evils like
untouchability, etc.
6. What are the financial powers between state and central?
Financial Relations between Centre & States - Related Provisions, Restrictions & Distribution
of Revenues

The Finance Commission of the Country determines financial relations between the center and
the state. It helps to understand the functioning of financial institutions in India. India has a
federal system of government, where the federal government and each state have equal authority
over laws and government functions. India uses the same structure in both the financial and other
sectors. However, compared to the state, the center has a higher concentration of authority.
Centre-state financial relations in India have a federal government with a division of authority
between the national government and the states. The distribution of these powers is unequal, and
we frequently hear from states that their severe reliance on the Union Government for all issues
is reducing their authority and autonomy.
Financial Relation Between Centre And States in India is a significant topic of the Polity for both
the UPSC Prelims and GS Paper 2 of Mains.
About Financial Relation Between Centre And States
o Centre State financial relations: In Financial Relations, the center holds greater authority
than the states. The states’ development objectives are entirely dependent on the central
government.
o Without the central government’s active financial support, no state could afford to
function.
o Undoubtedly, in all federations, the units are not financially self-sufficient, but in India,
the state’s economic dependency on the center is excessive.
o The division of subjects allowed for in the constitution is such that the states have far
more sources of expenditure than revenue.
o The Union Parliament has the authority to legislate on any issue on the State list under
Articles 249,250, 252,253, and 356.
Constitutional Provisions Related to Levying and Collection of Taxes
o Articles 268 to 281 of the Indian Constitution contain detailed provisions that provide the
centre instructions on how to distribute financial resources among the states.
o It establishes guidelines for the centre and states to follow in order to coordinate tax
levying and collecting through methodical procedures and helps understand the centre-
state financial relations.

UNIT – V
LOCAL ADMINISTRATION
1. What is Socio economic development? Explain it?
Socio-economic development is the prime responsibility of the State. No matter what the form of
government or level of government, it always strives hard for development and the welfare of the
people. In the modern times of good governance, the State tries to maximize the participation
and facilitate social justice for all the citizens of the country. The level of people’s involvement
in the development process is ensured by the degree of decentralized governance. Hence, the role
of local bodies becomes more important in the social and economic development of the country.
Local governments are directly responsible for development at the lowest level o government.
The 73rd and 74th Constitutional Amendment Acts of 1992 specifically recognized rural and
urban local bodies as the nodal agencies for social and economic development by giving them
certain specific powers in the 11th and 12th Schedules of the Constitution. In this unit, we shall
examine the role played by the local bodies and their functions as agents of development.
out programmes for their
Individual regions and provide decentralized governance to the populace. We have already
Discussed these aspects in detail in the Courses on Urban and Rural local governance.
The democratically chosen local government entities in India are known as "municipalities” in
urban areas and "Panchayati Raj Institutions” (PRIs) in rural areas. According to population,
there are three different types of municipalities: Municipal Corporations (Nagar Nigam),
whichhave more than 1 million residents, Municipal Councils (Nagar Palika), which have more
than25,000 but fewer than 1 million residents, and Municipal Committees (Nagar Panchayats),
whichhave more than 10,000 but fewer than 25,000residents. Gram panchayats are located at
thevillage level, Mandal or block panchayats are located at the block level, and Zilla panchayats
arelocated at the district level in PRIs. The structure of local bodies can be understood from

2. Explain the Concepts of Local Body?
Local governments are functioning in all parts of the globe and in almost all settings of the State,
whether it is a parliamentary form of government or presidential, unitary government or federal
state. In all countries, they are known by different names such as local government areas, local
Councils, local authorities, districts, etc. Along with their names their status, responsibilities and
funding can vary from one state to another. The concept of democratic governance in any society
is considered important as it is seen as the medium that nurtures a sense of self-fulfillment and
pride in the people. Democratic governance is seen operating at the smallest level of society. The
term local self-governance emphasizes the concept of people’s participation in the discharge of
the functions in their daily life. The central or the state government under a formal and fairly
specified medium allows certain functions to be carried out at grassroots level only. These It
reduces the burden of central government in time and cost.
• It serves as a channel of communication between people and the government
• Both are veritably important in the case of development administration, as the extended
reach and participation are there.
• It paves the way for overall public progress.
Local governments support the well-being of their inhabitants by making sure that public
services such as healthcare and education through strategic planning and management are made
effective and accessible to the people.. This being the third tier of government, members of the
community are aware of the issues that they face. It results in effective democratic decision –
making with citizens empowered to manage their own public affairs.
In India, local government is a state subject, figuring as item 5 in List II of the VII Schedule to
the Constitution of India. Rajasthan was the first state to legislate the local government in 1959,
followed by Andhra Pradesh. But the process of this grass-root decentralisation through local

Government gained prominence with the 73rd and 74th Amendment Acts, 1992. After this local
government came in a Constitutional form. The goal was to establish democratic,
independent,and financially sound local organizations that could develop and carry especially
encompass those functions which are more nearly affiliated to the citizens' everyday lives, and
where the national government may consider that delegating the same shall on one hand give
further satisfaction to the people and, on the other hand, allow time for the central government to
have time for concentrating on more important issues. It is predicated on the idea that people
should have a say in choices that have an impact on their lives and that local issues should be
addressed at that level. Local government is also known as the third level of government. People
of a small area, for example, a village, city, or megacity, attempt to operate their routine
functions through local government. The following are the essential characteristics of local
government:
• It operates within a limited local area.
• It enjoys statutory status as it is formulated by laws of legislatures.
• Local governments are independent bodies. They are envisioned to exercise their powers
and perform their functions in accordance with the enactment.
• It is characterized by the participation of local people in decision-making and
Administration.
• It provides for local responsibility that ensures responsive actions by the representatives
as they are in direct touch with the local residents.
• They are allowed to raise funds through levies and impositions, so local finance is
another point.
• It provides civic amenities to the people at its door.
• It provides a republic at its grass roots as it gives an opportunity to the people to manage

their own affairs. It encourages the participation of the people in public affairs.
• This medium is more competent to break the original problems down as a state
government, due to its size, may not be suitable to concentrate on certain issues that may
be important to the people. But through this medium the existing problems and conditions
can be assessed in a more comprehensive and detailed manner, therefore enabling a
suitable response to the problem.
• It serves as a training academy for people to understand the sense and significance of
community thinking for furnishing service to all. They understand the complications
involved in the identification of conditions and the allocation of resources. regions and provide
decentralised governance to the populace.
3. Explain briefly about local government and their effects.
Local self-government plays a crucial role in empowering citizens and fostering grassroots
democracy. In India, the constitutional scheme of local self-government provides a framework
for decentralization and participatory governance. Enshrined in the 73rd and 74th Amendments
to the Indian Constitution, the local self-government system has been instrumental in promoting
inclusive development, empowering marginalized communities, and strengthening the
democratic fabric of the nation. In this blog, we will explore the key features, significance, and
challenges of the local self-government constitutional scheme in India.
Key Features of Local Self-Government in India
1. Panchayati Raj Institutions (PRIs): The 73rd Amendment Act, 1992, introduced the concept
of PRIs, which are local self-government bodies at the village, intermediate (block), and district
levels. PRIs consist of elected representatives who form gram panchayats, panchayat samitis,
and zilla parishads, respectively.

2. Municipalities: The 74th Amendment Act, 1992, brought about a similar system for urban
areas, establishing municipalities as local self-government bodies. Municipal corporations,
municipal councils, and nagar panchayats are the three tiers of urban local governance.
3. Constitutional Recognition: The amendments added the 11th and 12th Schedules to the Indian
Constitution, which outline the functional domains of PRIs and municipalities. They include
subjects such as agriculture, health, education, water supply, urban planning, and more.
4. Direct Elections: The constitutional scheme mandates direct elections to PRIs and
municipalities, ensuring democratic representation at the local level. Reservation of seats for
Scheduled Castes (SCs), Scheduled Tribes (STs), and women further promotes social inclusion.
4. What is the significance of Local Self-Government?
1. Grassroots Democracy: The local self-government system empowers citizens by giving them
the opportunity to participate directly in decision-making processes. It strengthens democratic
values and fosters a culture of citizen engagement at the grassroots level.
2. Inclusive Development: Local self-government brings governance closer to the people,

enabling better identification and understanding of local needs. By involving local communities
in decision-making, it facilitates targeted development initiatives and ensures inclusive growth.
3. Empowering Marginalized Communities: Reserved seats for SCs, STs, and women in local
self-government institutions aim to uplift historically marginalized sections of society. These
provisions encourage equal representation and provide a platform for marginalized
communities to voice their concerns and shape policies.
4. Efficient Service Delivery: Local self-government bodies are responsible for delivering
various public services, such as education, healthcare, water supply, sanitation, and
infrastructure development. By decentralizing governance, the system aims to improve the
efficiency and responsiveness of service delivery.
Challenges and the Way Forward

While the local self-government system in India has made significant strides, several challenges
persist:
1. Financial Autonomy: Many local self-government bodies struggle with inadequate financial
resources. Enhancing their financial autonomy and devolving funds from higher levels of
government is crucial for effective functioning and sustainable development.
2. Capacity Building: Strengthening the capacity of elected representatives and local officials is
essential to ensure effective governance. Training programs, knowledge-sharing platforms, and
technical support can help build the necessary skills and capabilities.
3. Women’s Empowerment: Despite reservation policies, women’s participation in local self-

government remains limited. Efforts should be made to encourage women’s active
involvement, including awareness campaigns, capacity-building initiatives, and removing
socio-cultural barriers.
4. Inter-Governmental Cooperation: Effective coordination between local self-government

bodies, state governments, and central agencies is vital for successful implementation of
policies and programs. Strengthening inter-governmental cooperation mechanisms can
streamline governance processes.
Conclusion
The constitutional scheme of local self-government in India has provided a solid foundation for
decentralization and participatory democracy. By empowering citizens, promoting inclusive
development, and ensuring efficient service delivery, the system has played a pivotal role in
transforming governance at the grassroots level. While challenges remain, sustained efforts to
address financial, capacity-building, and gender-related issues will further strengthen the local
self-government system and deepen democracy in India. It is through the active engagement and
participation of citizens at the local level that a truly vibrant and inclusive democracy can thrive.

UNIT – VI
ELECTION COMMISSION
1. Evaluating role of Election Commission of India in Indian Political

System?
After Judiciary, the Election Commission is seen as an institution of credibility and integrity.
Examine the role of ECI, reasons for its success and issues confronting its working in India.
 Article 324 of the Constitution of India provides for the Election Commission of India
vested with the power of superintendence, direction and control of conducting the elections
to the most crucial elections in the country including Lok Sabha and State Legislative
Assemblies. It further reinforces the independence of ECI by providing for security of
tenure as well as service conditions.
 Rudolph and Rudolph note that the Election Commission has a key position at the heart
of the new regulatory centrism of the Indian state, as an institution which acts as an
enforcer of ‘rules that safeguard the democratic legitimacy of the political system’.
 According to McMillan, the constitutional provisions regarding Election Commission were
an innovative response to the desire to to have a democratic process that was
institutionally entrenched and yet at an arms-length from party- political or governmental
interference. The ECI, was therefore imagined as the keystone of Indian electoral
democracy.
 The ECI has been a progressive institution taking up measures to ingrain democracy such
adoption and national stock-taking of EVMs, ensuring election in far-flung and backward
regions, curbing of money power and corrupt practices, evolving and implementing the
moral code of conduct etc.
 There are certain factors that have ensured the independence and credibility of ECI and
these include

2. What are the Constitutional Factors for Election Commission?
 Article 324 grants the ECI clear authority over superintendence direction & control of
preparation of the electoral rolls, while subsequent articles (Art 325-Art 329) provide it with
Supreme authority over conduct of elections, including insulating ECI from political and
judicial interference during the elections.
 While the body started off as a single-member institution, after recommendations of
the Tarkunde and Goswami committees as well as the needs of Indian democracy it
became a three-member body in 1989.
 The emergence of multi-member ECI has checked dictatorial tendencies as well as
corruption or nepotism in the institution.
Leadership and activism of institution:
 The CECs and ECs have played major role in ensuring the integrity of institution with
officers like T.N. Seshan becoming exemplars for successors.
 ECI has tried to strengthen its grassroot level organisation to rid of evils like booth
capturing, violence and use of money in elections.
 The ECI also emerged as a campaigner against criminalization of politics, with former
Commissioner, G.V.G. Krishnamurthy, pithily noted that ‘no law-breaker should ever
be a law-maker’.
 To counter criminalisation, ECI mandated in 2002 that candidates file an affidavit with
details regarding criminal prosecution, personal assets education qualifications etc.
Regulation and Registration of Political Parties:
 Political parties are regarded as the life and soul of Indian electoral democracy. The Election
Commission has a role in the regulation and registration of political parties including
allocating symbols.
 Importantly, the ECI has power to withdraw registration and right to a symbol from any
party deemed guilty of electoral malpractice (violating the ‘model code of conduct’).
 It prescribes the limits of campaign expenditure by the candidates and parties and monitors
the spending too so as to maintain fairness and integrity of elections in India.
Technological and other innovations:

 The ECI has been at the forefront of developments in ensuring free and fair elections
throughout India through developments like VVPAT, ECI 360 degree, SVEEP Programme,
computerisation of electoral rolls etc.
 Former chief election commissioner S.Y. Quraishi points to the success of ECI in
conducting elections during Covid pandemic by ensuring norms regarding elated to
sanitising and social distancing as well as providing the postal ballot option to senior citizens
over the age of 80, COVID-positive patients, persons with disabilities and voters employed
in essential services.
 The ECI has been drawn into issues of media regulation over issues of broadcasting
regarding elections. With the emergence of social media, the ECI has also tried to ensure fair
elections with guidelines being issued for social media campaigning and digital companies
also laying down a voluntary code of ethics for the same.
 Despite such developments and the bold role played by ECI to maintain a free and fair
democratic process in India, there have also been certain issues that have been raised
regarding the functioning and politicization of ECI:
 Financial and administrative autonomy remains one of the core issues and there have
been suggestions to charge the administrative expenditure of ECI on Consolidated Fund of
India as well as a dedicated secretariat and staff.
 There have been calls to provide for a better method of appointment of members of
ECI to ensure quality as well as independence. While the Constitution provides CEC, the
status of election commissioners is not as secure and has often faced issues due to infighting
as well (N. Gopalaswamy case).
 There have also been questions raised on the credibility of ECI by opposition parties with
many accusing it of being a ‘puppet’ of the government or being politicised. The ECI’s
decisions regarding hate speech, removal of star campaigner status has been questioned.
 There have also been accusations of EVM tampering and while the process may be fool-
proof, such questioning hampers the legitimacy of the institution and elections.
 Regulation of social media, fake news, rumour mongering continues to pose a lot of trouble
for ECI in ensuring free and fair elections.

ECI is the bedrock of Indian democracy and certain reforms are in order to ensure its
continued success-
 Section 125A of the Representation of the People Act, 1951, should be amended to
provide for more stringent punishment for concealing or providing wrong information.
 Election Commission should be empowered to take strong action on the report of returning
officers, election observers, or civil society in regards to booth capture or the intimidation of
voters.
 The same constitutional protection to all Election Commissioners as is available to the Chief
Election Commissioner
 The budget of the Election Commission should be treated as ―Charged on the Consolidated
Fund of India
 All functions concerning the Secretariat of the Election Commission, consisting of officers
and staff at various levels, such as their appointments, promotions, etc., be exclusively
vested in the Election Commission
 Election Commission needs to be given explicit powers to de-register political parties if they
do not observe and fulfil the requirements of proposed legislation for the registration and the
regulation of the functioning of political parties.
3. Explain about the Duties of the Chief election Commissioner?
 The chief election commissioner should ensure no discrimination or biases towards anyone
while on election duty.
 He should ensure that elections are held under complete transparency, and nothing is hidden
from the people, i.e. the citizens of India who are the backbone behind India’s elections.
 The Chief election Commissioner should make sure that there is no manipulation or
partisanship during the conduct of elections at his election duty.
 The Chief election commissioner has to present a list of all the eligible voters.
 They should supervise the nomination of a candidate for becoming a part of the elections or
a political party.
 Registration of different political parties.
 Monitoring an election campaign and keeping a check on misbehavior or false practices are
taken up, if any, while on election duty.

 Helps the media in covering the elections and the process thoroughly.
 Keep an eye on the counting of votes.
 Organizes polling booths for the conduct of elections and reaches the booth for election
duty.
 Declaration of the results of the election.
 The chief election commissioner ensures that all election commission rules are followed.
4. Explain the Powers of the Chief Election Commissioner of India
A chief election commissioner of India leads the election commission, a body responsible for
the conduct of free and fair elections throughout the country. He needs to ensure that all
the election commission rules are followed. The primary duties include:
 Determining the territories of electoral constituencies based on the Delimitation

Commission Act of the Parliament.
 Preparing and revising electoral rolls and managing the registration of all the eligible voters.
 Notifying the date and schedule of elections and keeping an eye on the process
during election duty.
 Granting recognition to different political parties and assigning election symbols to them.
 Appointment of officers for control of disputes regarding the arrangement of elections.
 Determination of a code of conduct that all the political parties and their candidates must
follow.
 Preparation of programs to help to publicize the policies of all the political parties during the
election on social media and television.
 Advising the President about disqualification of MPs and MLAs
 Requesting the governor or the President for appointing staff required for conducting
elections.

5. What is the Importance of the Election Commission and the Chief
Election Commissioner?
 The conduct of national and state elections is done under the guidance and monitoring of
the election commission.
 The chief election commissioner ensures that all the political parties function during the
following discipline. If parties fail to maintain inner-party democracy’, it can be
derecognised by the chief election commissioner.
 A chief election commissioner keeps an eye on the conduct of fair, transparent, credible,
autonomous elections while maintaining professionalism.
 The Chief Election Commissioner and the election commission describe the procedure of
voting on the polling day.
 All political parties and stakeholders in the process of elections are taken care of by the
Chief election Commissioner.
Q: What is Article 19(1)(a) - Right to Freedom of Speech and Expression?
o Article 19(1)(a) of the Indian Constitution guarantees all citizens the fundamental right of
freedom of speech and expression. Some key points regarding this right are:
o It includes the right to express views and opinions through various means. Citizens have
the freedom to impart and receive information through any media.
o The freedom of the press is an essential part of this. It ensures the dissemination of
information and opinions widely.
o This right also implies the freedom not to speak. No one can be forced to speak or
express opinions against their will.
o Freedom of speech is a fundamental right, but it is subject to reasonable restrictions under
Article 19(2). This is for the sake of sovereignty, public order, decency, etc.
o The SC has held that freedom of speech includes the right to take part in sports, hoist the
national flag, and access information.
o Social media platforms are also covered under this right. However, hate speech and other
unlawful content is not allowed.
o Restrictions are imposed on certain forms of expression. This includes obscenity,
defamation, and contempt of court.


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MOTHER TERESA INSTITUTE OF SCIENCE AND TECHNOLOGY

1. What is the Historical Background of Indian Constitution?

 Regulating Act 1773

 Pitt’s India Act 1784

 Charter Act of 1813

 Charter Act of 1833

 Charter Act of 1853

 Government of India Act 1858

 Indian Councils Act 1861

 India Councils Act 1892

Department of CSM, CIVIL & ECE

 Montague-Chelmsford Reforms 1919

 Government of India Act 1935

 Indian Independence Act 1947

 An Executive Council of the Governor-General was created with 4 members.

 Supreme Court was established at Calcutta as the Apex Court in 1774.

History of Indian Constitution – Pitt’s India Act 1784

 The company territories in India were called ‘British possession in India’.

 Governor’s Councils were set up in Madras and Bombay as well.

History of Indian Constitution – Charter Act 1813

Department of CSM, CIVIL & ECE

 Governor-General of Bengal was designated the Governor-General of India (Lord

History of Indian Constitution – Charter Act 1853

History of Indian Constitution – Government of India Act 1858

 The Court of Directors and the Board of Control were abolished.

History of Indian Constitution – Indian Councils Act 1861

Department of CSM, CIVIL & ECE

 Portfolio system was recognised.

History of Indian Constitution – Indian Councils Act 1892

 Indirect elections (nominations) were introduced.

History of Indian Constitution – Indian Councils Act 1909 (Morley-Minto

 Central Legislative Council became the Imperial Legislative Council.

 The concept of the separate communal electorate was accepted.

History of Indian Constitution – Government of India Act 1919 (Montague-

 Central and provincial subjects were separated.

Department of CSM, CIVIL & ECE

 It mandated 3 members of the Viceroy’s executive council to be Indians.

History of Indian Constitution – Government of India Act 1935

 A federal court was established and the Indian Council abolished.

 Burma and Aden were severed off from India.

 This act provided for the establishment of the RBI.

Department of CSM, CIVIL & ECE

 India was declared independent and sovereign.

 Set up responsible governments at the centre and the provinces.

3. Who were the drafting Committee prominent members?

The other members of the drafting committee included:

Department of CSM, CIVIL & ECE

Department of CSM, CIVIL & ECE

1. Lengthiest Written Constitution

 It is a very comprehensive, elaborate and detailed document.

 Single constitution for both the Centre and the states.

 The dominance of legal luminaries in the Constituent Assembly.

Both justiciable and non-justiciable rights are included in the Constitution.

Department of CSM, CIVIL & ECE

3. Blend of Rigidity and Flexibility

 The Indian Constitution is a unique example of a combination of rigidity and flexibility.

4. Parliamentary Form of Government

Department of CSM, CIVIL & ECE

 The parliamentary system is also known as the ‘Westminster’ model of government,

 Collective responsibility of the executive to the legislature

2. Why Right to Property is not a Fundamental Right?

Department of CSM, CIVIL & ECE

3. What are the fundamental duties?