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Difference between Politics and

Polity
Politics is Subject
Polity is Application
Indian Politics means Political structure
in India.
Indian Polity means how they are
working in India.

Political Science
Meaning
Nature and Scope of Political Science
Importance of Study of Political Science

Meaning

Political Science is the study of the STATE


The word Polity means - Form of
Government.
The word is derived from Greek word 'POLIS' which means 'City State' or 'the
state'
Deals withi, State and Government
ii, How people are to be ruled.
iii, Problems of the state.

Nature and Scope of Political


Science
The organisation of the Government
A study of Man as a Citizen
Study of Associations and Institutions
Study of National and International
Problems
New Ideals and Principles
Concept of power.

Why to study Political Science?


The Study of Political Science can
evolve individuals into rulers, leaders,
social reformers and philosophers.
Marks in exams.

Political Thought.
Core Polity.

Political
Science

Political
Thought
Core Polity

Greek/European Political Thought

Indian Political Thought

Socrates - Greek Philosopher.


Plato (427- 347 BC) - The Republic, The Statesmen, The Laws.
Aristotle (384 - 322 BC) - Politics, Athens Constitution, Wealth of Nations.
St. Thomas Aquinas - (1227 - 1274) - Christianized Aristotle
Classification of Laws: External Law, Natural Law, Human Law, Divine Law
Machiavelli (1469-1527) - The Prince
Thomas Hobbes(1588 - 1679) - Leviathan.
John Locke(1632 - 1704) - Two Treaties on Civil Government,
Glorious Revolution(1690)
J.J. Rousseau (1712 - 1755) General Will
Bentham - Theory of Utilitarianism
John Stuart Mill - Concept of Liberty, Representative Government.
Friedrich Hegel - Theory of Dialectic
Karl Marx - Communist Manifesto(1848), Das Capital(1867)
Antonio Gramsci - Concept of Cultural Hegemony

Vedic Literature:
-Shruti Literature :
Vedas,
Brahamanas
Aranyakas
Upanishads
-Smriti Literature:
Vedanga
Shatdarshana(Nyaya, Vaisheshika,
Samkhya, Yoga, Mimansa, Vedanta)
Epics (Mahabharatha, Ramayana)
Puranas

Others: Raja Shastra, Dandaneethi, Neetishsasthra, Raja Dharma, Varna

Dharma,

Artha Sastra - Kautilya (Saptanga Theory - Swamy, Bala, Janapada,


Durga, Kosa, Mitra, Danda)

Nitivakyamrutha - Somadevasuri

Sukraniti - Sage Sukra

Tirukkaral - Thiruvalluvar

Silappadikaram - Ilangovadigal

Abhiashitha Chintamani, Mansollasa - Chalukyan king Someswara

Amukthamalyada - Sri Krishna Deva Raya

Raja Neethi Ratnakara - Chandeswara

Raja Neethi Kalpatharuvu - Devana Bhatta

Raja Neethi Prakasha - Mitramisra

Neethi Majuka
- Neela kanta

Megasthanese Indica - Megasthanese


Sarvodaya Concept M. K.Gandhi
Nehru Ideas
Ambedkar Ideas
Radical Humanism - M.N. Roy

Fundamentals of Political Science

Key Players
State
Government
People

STATE

GOVERNMENT

PEOPLE

Players
STATE

GOVERNMENT

PEOPLE

STATE

State is a Political organisation.


State is Abstract not visible.
State is Permanent.
State is Sovereign.
There can be no rights against the state.
People living in State are called Citizens.

Government
Government is the agent through which the will
of the state is expressed.
Government is concrete. It is visible.
Government is temporary.
Government is not sovereign. It derives it powers
from the state.
Government is one of the four elements of the
state.
There can be rights against the government

Elements of State
1.
2.
3.
4.
5.

Population
Territory
Government
Sovereignty
International Recognition

Elements of the State


Population
-People living within the state.

Elements of the State


Territory
Demarcated area that rightly belongs to the
population.

Elements of the State


Government
The agent through which the welfare is reached to
population.

Elements of the State


Sovereignty
The supreme power of the state to command and
enforce obedience to its will from the people
within its jurisdiction and have freedom from
foreign control.

Elements of the State


International Recognition
The state should be recognized by other
international states.

Origin of State

Divine Origin Theory


Force Theory
Social Contract Theory
Patriarchal Theory
Matriarchal Theory
Evolutionary Theory

Legislature

Executive
Judiciary
Press

& Media

1st Estate
2nd Estate
3rd Estate
4th Estate

Legislature

The Parliament
Loksabha
Rajyasabha

Executive

Judiciary

President
Vice-president
Prime Minister
and Council of
Ministers

Supreme Court
High Court and
sub-ordinate
courts

Types of Governments

Define the different types of governments


(i.e., democracy, autocracy, oligarchy,
monarchy, and dictatorship).

Democracy
In a democracy, the government is elected by
the people. Everyone who is eligible to vote
has a chance to have their say over who runs
the country. It is distinct from governments
controlled by a particular social class or group
(aristocracy; oligarchy) or by a single person
(despotism; dictatorship; monarchy).
A democracy is determined either directly or
through elected representatives.

Autocracy
Government by a single person having
unlimited power; despotism (domination
through threat of punishment and
violence) .

Oligarchy
A government in which a few people
such as a dominant clan or clique have
power.

Monarchy
A monarchy has a king, queen, emperor or
empress.
The ruling position can be passed on to the
rulers heirs.
In some traditional monarchies, the monarch
has absolute power.
But a constitutional monarchy, like the UK,
also has a democratic government that limits
the monarch's control.

Dictatorship
A country ruled by a
single leader. The leader
has not been elected
and may use force to
keep control.
In a military dictatorship,
the army is in control.

Anarchy
Anarchy is a situation where there is no
government. This can happen after a
civil war in a country, when a
government has been destroyed and
rival groups are fighting to take its
place.
Anarchists are people who believe that
government is a bad thing in that it
stops people organizing their own lives.

Capitalist
In a capitalist or free-market country,
people can own their own businesses
and property. People can also buy
services for private use, such as
healthcare.
But most capitalist governments also
provide their own education, health and
welfare services.

Communist
In a communist country, the government
owns property such as businesses and
farms.
It provides its people's healthcare,
education and welfare.

Republic
A republic is a country that has no
monarch.
The head of the country is usually an
elected president.

Revolutionary
If a government is
overthrown by force,
the new ruling group
is sometimes called a
revolutionary
government.

Totalitarian
This is a country with
only one political
party.
People are forced to
do what the
government tells them
and may also be
prevented from
leaving the country.

QUIZ TIME

This form of government is elected by the


people and everyone is eligible to vote.

Home

Democracy

A government ruled by a king, queen,


emperor or empress.

Home

Monarchy

A country ruled by a single leader. The leader


has not been elected and may use force to
keep control.

Home

Dictatorship

Government by a single person having


unlimited power; despotism (domination
through threat of punishment and violence).

Home

Autocracy

The government owns property such as


businesses and farms and provides its
people's healthcare, education and welfare.

Home

Communism

A situation where there is no


government.

Home

Anarchy

The ruling group that forms when a


government is overthrown by force.

Home

Revolutionary

A government in which a few people such


as a dominant clan or clique have power.

Home

Oligarchy

A country that has no monarch, but is


headed by an elected president or official
is a ________.

Home

Republic

The Constitution of India

The Constitution of India

Introduction
Salient Features.
Historical Background
Making of the Constitution
The Indian Constitution

Introduction
Constitution is code of conduct
To meet the aspirations, goals and aims of
citizens
A constitution is a set of fundamental principles
or established precedents according to which a
state or other organization is governed.

Salient Features

1. Lengthiest Written Constitution


2. Drawn from Various Sources
3. Blend of Rigidity and Flexiblity
4. Federal System with Unitary Bias
5. Parliamentary form of Government
6. Synthesis of Parliamentary sovereignty and Judicial Supremacy
7. Integrated and Independent Judiciary
8. Fundamental Rights
9. Directive Principle of State Policy
10. Fundamental Duties
11. Secular State
12. Universal Adult Franchise
13. Single Citizenship
14. Independent Bodies
15. Emergency Provisions
16. Three Tier Government

1. Lengthiest Written Constitution


Very comprehensive, detailed and eloborated document.
Originally (1949), it has 395 Articles, 22 Parts and 8
Schedules.
Presently, it has 465 Articles, 25 Parts and 12 Schedules.
Factors:

Geographical Factors: Vastness of Country


Historical Factors : Influence of GOI Act, 1935
Single Constitution for both India and States except J&K
Dominance of Legal Luminaries in Constituent Assembly.

2. Drawn from Various Sources

GOI Act, 1935


British Constitution
US Constitution
Irish Constitution
Canadian Constitution
Australian Constitution
Weimar(Germany) Constitution
Soviet Constitution
French Constitution
South African Constitution
Japanese Constitution

3. Blend of Rigidity and Flexibility


Amendment of Constitution Article 368
Simple Majority
Special Majority
Special Majority with ratification of states

4. Federal System with Unitary Bias


States -> Units -> Sub-units.
Unitary
Federal
Quasi-Federal

5. Parliamentary form of Government


Democracy

In-direct
Democracy

Presidential
form of Indirect
Democracy

Direct
Democracy

Parliamentary
form of Indirect
Democracy

6. Synthesis of Parliamentary
sovereignty and Judicial
Supremacy
Parliament concept Britain

Judiciary USA

7. Integrated and Independent


Judiciary
Integrated Judiciary

Supreme Court
High Courts
Sub-ordinate Courts

Independent Judiciary

Judges tenure
Fixed service conditions
Expenses of S.C Consolidated Fund of India
Discussion of Conduct of Judges in Parliament
Ban on practice after retirement
Separation of Judiciary
Contempt of Court

8. Fundamental Rights
Promotion of

Political Democracy
Limitations of tyranny of Executive
Arbitrary Laws of Legislature
Justifiable by nature

9. Directive Principle of State Policy


Promotion of
Social and Economic Democracy
Welfare State
->Non-Justiciable in nature
->Moral Obligation on State authorities

10. Fundamental Duties


42nd Amendment, 1976
Swaran Singh Committee recommendations
Reminder to citizens that while enjoying their
rights, they have also to be quite conscious of
duties they owe to their country, their society
and to their fellow-citizens.
Non-Justiciable in nature

11. Secular State


No Official State Religion
All religions are equal.

State

Secular
State

Positive
Concept
(India)

Theocratic
State

Negative
Concept
(Western)

12. Universal Adult Franchise


Elections to Loksabha and State Legislative elections.
Every citizen not less than 18 years of age has right to
vote without any discrimination of caste, race, religion,
sex, literacy, wealth and so on..
Voting age was reduced from 21 to 18 years in 1989 by
61st Amendment act of 1988.
Promotes

Democracy broad based


Enchances Self respect and prestige of common man
Upholds principle of equality
Enables minorites to protect their interests
Opens new hopes for weaker section.

13. Single Citizenship


Common political and civil rights to all Indians.
Only one citizenship Indian Citizenship
USA provides Dual Citizenship (Country and
State)
Promotes Fraternity (Brotherhood)
No discrimination is made except Tribal areas
and J&K

14. Independent Bodies

Election Commission
Comptroller and Auditor General
Union Public Service Commission
State Public Service Commission

Independence in:
Security of Tenure
Fixed service conditions
Expenses being charges from CFI and so on

15. Emergency Provisions


Types:
National Emergency Article 352
State Emergency/Presidential Rule 356, 365
Financial Emergency Article - 360
To Safeguard
Sovereignty
Unity
Integrity
Security of Country
Political Democracy
The Constitution

16. Three Tier Government


Centre
Centre Government
State Government
Local Self Government
Panchayats (73rd)
Municipalities (74th)

State
Local Self

Historical
Background

The Company
Rule(1773-1858)

The Crown Rule


(1858-1947)

British came to India in 1600 as traders, in the


form of East India Company under Charter
granted by Elizabeth-II
Battle of Plassey, 1757

between Siraj-Ud-Dawla vs E.I.C (Robert Clive) on

23rd June, 1757

Battle of Buxar
Between Mir Khasim, Shah-Alam II (Mughal),

Shuja ud-daula vs E.I.C (Major Mundrow) on


22nd October, 1764 .

The Company Rule (1773-1858)

Regulating Act, 1773


Pitts India Act, 1784
Charter Act, 1793
Charter Act, 1813
Charter Act, 1833
Charter Act, 1853

The Crown Rule (1858 -1947)

GOI Act, 1858


Indian Councils Act, 1861
Indian Councils Act, 1892
Indian Councils Act, 1909 (Morley-Minto Reforms)
GOI Act, 1919 (Montegue-Chelmsford Reforms)
GOI Act, 1935

Importance:
Regulate EIC in India
Laid foundation of Central Administration
Recognised Political and Administrative powers of EIC

Features
Designated Governor of Bengal as Governor-General of

Bengal Warren Hastings


Executive Council of 4 members to assist him.
Made Governors of Madras and Bombay as sub-ordinates
to Governor General
Supreme Court was established 1774 at calcutta Sir
Elijah Impey, the Chief Justice

Importance:
To rectify defects in Regulating Act, 1773

Features
The Executive Council was reduced to 3 from 4
Concept of Dual Government started
Commercial Rights Court of Directors
Political Rights Board of Control

Features:
Started paying Salaries to Company Officials from

Indian Treasury.
Allowed to rule for another 20 years but not to
interfere in state.
The Commander-in-Chief not to be member in
Executive Council.

Features:
Monopoly of trade of EIC was abolished except

Tea trade with China.


Church was established from Indian Revenue.
Granted permission for English men to settle and
hold land in India
Missionaries were introduced with system of
license.
One lakh grant for improvement of Education.

Importance:
Final Step of Centralisation

Features:

Made Governor General of Bengal to Guv General of India

William Bentick
Deprived legislative powers of Governors of Bengal and
Madras
EIC became purely an administrative body from
Commercial Body
Attempted to introduce Open Competition for selection of
Civil Servants.
Executive Council increased from 3 to 4 (Law Member
Lord MacAulay)

Features:
Seperated Legislative and Executive functions of

Executive council.
Indian Legislative Council with 6 members
Introduced local representation in ILC(4 governors
from Madras, Bengal, Bombay and Agra)
Open Competition System of selection and
recruitment of Civil servants. MacAulay Committee in
1854.
Extended Companys Rule but didnt specify any time
period

Importance:
Act for Good Government of India

Features:

India was to be governed by British Crown and

abolished EIC
Made Governor General of India to Viceroy of IndiaLord Canning
Ended Board of Control and Court of Directors(Dual
Government)
Created new office Secretary of State for India,
member of British Cabinet Charles Wood
Provided 15 member Council of India to assist SOS

Features:
Included Indians as non-official members of Indian Legistlave Council
Raja of Benaras
Sir Dinakar Rao
Maharaja of Patiala

Restored legislative powers to Bombay and Madras Governors


Established of new legislative councils for
Bengal 1862
NWFP 1866
Punjab 1897

Portfolio System The member of Viceroys Executive Council was

made in-charge of one or more depts to issue final orders.


Empowered Viceroy to issue Ordinaces valid for 6 months.
Added fifth member in Executive Council an expert in Finance and
Law

Importance:
INC, 1885 pressured British to expand ILC

Right to participate in Budget. (1860)

Features:
ILC was expanded to 10-16

Indirect Elections for Provincial Legislature,

Municipalities, District Boards, Universities, CoC


Member could ask questions on Budget (6 day
notice)

Features:
Increased Indian Legislative Council 16-68
An Indian , Satyendra Sinha became member of Governor

Generals Executive Council Law member


Two Indians were included in Council of India at London
K.C. Gupta
Sayyid Hussain Bilgrami

Vote on Budget, some issues. Ask supplementary notice had to

be given 15 days
Introduced Direct Elections
Introduced concept of Separate Electorate for Indian Musliums
, presidency corporation, Chamber of Commerce, Universities
and Zamindars.
Father of Communal Electorate Lord Minto

Importance:

On 20th August, 1917 declared objective was Responsible Government


Came into force in 1921

Features:

Introduced Subject List- Central List, State List and Concurrent List (Resdiuary powers Guv General)
Introduced Dyarchy concept. Divided Provincial Subjects into two parts

Concept of Bicameralism in ILC

Transferred Powers
Reserved Powers
Upper House (Council of State)
Lower House (Legislative Assembly)

3/6 members of Executive Council should be Indians (Except Commander in Chief)


Extended Separate Electorate to Sikhs, Indian Christians, Anglo-Indians and Europeans
Created office of High Commissioner for India in London and transferred some powers from SOS
Establishment of a Public Service Commission. Central Pubic Service Commission, 1926 for recruiting Civil
Servants
Separated Provincial Budgets from Central Budget
Introduced Post of Auditor General
Establishment o f Statutory Commission after 10 years to review the working of act(Simon Commission,
1927)

Features:

Establishment of All Indian Federation consisting of Provinces and Princely states

Federal List 59 items


Provincial List 54 items
Concurrent List 36 items

Dyarchy at Centre(Transferred Powers and Reserved Powers)


Bicameralism in 6/11 provinces(Bengal, Bihar, Bombay, Agra, Madras, United Province)
Complete Provincial Autonomy for Provinces.
Extended Separate Electorate for Depressed Classes(Scheduled Castes, Women and Workers.
Abolished Council of India and gave team of advisors to SOS(due to agitations)
Extended Franchise (Education, Tax Payers, Zamindars)
Establishment of Federal Public Service Commission, Provincial Service Commission and Joint
Public Service Commission.
Establishment of Reserve Bank of India (Hilton-Young Report)
Federal Court, 1937 but Final court is Privy Council.
Advocate General

Making of the Constitution

Making of the Constitution

Background of Constituent Assembly


Composition of the Constituent Assembly
Working of the Constituent Assembly
Other Functions
Committees Major, Minor
Enactment of the Constitution
Enforcement of the Constitution
Criticism

Background

1914 Gopalakrishna Gokhale asked British for Constitution.


1922- M.K. Gandhi opined Constitution of India should be made by Indians
only.
1928 Nehru Report
1934 M.N. Roy put forward the idea of Constituent Assembly.
1935 INC, officially, first time demanded Constituent Assembly to frame
Indian Constitution.
1938 Nehru, on behalf of INC, declared that the Constiution of free
India must be framed, without outside interference by elected Constituent
Assembly with Adult Franchise.
1940 August Offer Constitution of India can be formed also by
Indians(British included)
1942 Cripps Mission- Muslim League demanded for separate Pakistan.
1946 Cabinet Mission Constituent Assembly formed.

Composition of the CA

CA was constituted in November, 1946


1. Total Strength was 389.
296 seats to British India.
292 from Eleven Governors Province
4 from Chief Commissioners Province

93 seats to Princely States.

2. Seats were allotted on population representation. Roughly, one seat for 10 lakh
population
3. British India Seats are filled from Muslims, Sikhs, General
4. Indirect Elections were conducted for member of CA.
5. Representatives of Princely states were nominated by heads of princely states.
Election Results: - 296 seats
INC won 208 seats
Muslim League won 73 seats
Independents won 15 seats
Princely states stayed away from elections.

Working
of the1946
C.A(ML
CA held first met
on 9th December,
Boycotted)
Temporary President- Dr. Sachchida anada Sinha.
On 11th Dec, 1946(Internal Elections)

President Dr. Rajendra Prasad


Vice-President H.C Mukherjee
Constitutional Advisor Sir B N Rau
Secretary H.B. Iyengar

Objectives Resolution
On 13th Dec, 1946, Nehru moved a historic Objectives
Resolution in Assembly finally became as Preamble.
Unanimously adopted by Assembly on 22nd Jan, 1947.

Other Functions
It ratified Indias member ship of Commonwealth
in May, 1949
Adopted National Flag on 22nd July, 1947
On 24th Jan, 1950
Adopted National Anthem
Adopted National Song
Elected Dr, Rajendra Prasad as first president of India

Committees Major, Minor


Major Committees - 8

Union Powers Committee Nehru


States Committee Nehru
Union Constitution Committee Nehru
Provincial Constitution Committee S. Patel
Advisory Committee on F.Rights and Minorites S.Patel
Fundamental Rights Sub Committee J.B Kriplani
Minorities Sub-committee H.C Mukherjee

Drafting Committee B.R. Ambedkar (Aug, 1947 Oct, 1948)

Alladi Krishna Swamy Ayyar


Dr. K.M. Munshi
N Madhav Rau (B L Mitter)
T.T Krishnamachari (Khaitan)
N Gopala Swamy Ayyangar
Syed Mohmmad Saadullah

Rules of Procedure Committee Dr. Rajendra Prasad


Steering Committee Dr. Rajendra Prasad

Enactment of the Constitution


First Reading- General Discussion- 4th Nov,
1948
Second Reading 15th Nov, 1948 Oct, 1949
Third Reading 14th Nov, 1949
The Constitution as adopted on 26th
November, 1949 contained a Preamble, 395
Articles, 22 Parts & 8 Schedules.
Ambedkar is considered as Modern Manu &
Father of Indian Constitution.

Enforcement of the Constitution


On 26th Nov, 1949, the Provisions like
Citizenship
Elections
Provisional Parliament
Temporary and Transistional provisions
Short Title

On 26th Jan, 1950, the Major Part came into


force to Poorna Swaraj Day, 1930(Lahore
Session)

Criticism

Not a Representative Body


Not a Sovereign Body.
Time Consuming.
Dominated by Congress Men
Lawyer-politician Domination
Dominated by Hindus

The Indian Constitution


At a Glance

Overview
Preamble
Articles 1, 2, 3, 4.465

Parts I, II, III, IV XXII


Schedules I, II, III, IV XII

Numerical Data of Constitution


GOI Act, 1935

Draft

Enforcement

Present

ARTICLES

321

315

395

465

PARTS

20

21

22

25

SCHEDULES

10

12

COI at a Glance - Parts


PARTS

SUBJECT MATTER

ARTICLES
COVERED

The Union and its Territory

14

II

CITIZENSHIP

5-11

III

FUNDAMENTAL RIGHTS

12-35

IV

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

36-51

IVA

FUNDAMENTAL DUTIES

51A

THE UNION GOVERNMENT

52 151

VI

THE STATE GOVERNMENT

152 237

VII

GROUPING OF STATES

238

VIII

UNION TERRITORIES

239 242

IX

PANCHAYATS

243 243O

IXA

MUNICIPALITIES

243P-243ZG

PARTS

SUBJECT MATTER

ARTICLES
COVERED

IXB

CO-OPERATIVE SOCITIES

243ZH-243ZT

THE SCHEDULED AND TRIBAL AREAS

244 244 A

XI

RELATIONS BETWEEN THE UNION AND STATES

245 263

XII

FINANCE, PROPERTY, CONTRACTS AND SUITS

264 300A

XIII

TRADE, COMMERCE AND INTERCOURSE WITHIN


INDIA

301- 307

XIV

SERVICES UNDER THE UNION AND STATES

308 323

XIVA

TRIBUNALS

323A 323B

XV

ELECTIONS

324-329A

XVI

SPECIAL PROVISIONS TO CERTAIN CLASSES

330 342

XVII

OFFICIAL LANGUAUGE

343- 351

XVIII

EMERGENCY

352 360

COI at a Glance

PARTS

SUBJECT MATTER

ARTICLES
COVERED

XIX

MISCELLANOUS

361 367

XX

AMENDMENT

368

XXI

TEMPORARY, TRANSISTIONAL AND SPECIAL


PROVISIONS

369 392

XXII

SHORT TITLE

393-395

COI at a Glance - Schedules


Schedules

SUBJECT MATTER

First

Name of the States and its territories

Second

Emoluments, allowances, privileges

Third

Forms of Oaths and Affirmations

Fourth

Allocation of seats of Rajya Sabha

Fifth

Admin and control of Scheduled Areas and Tribes-(10)

Sixth

Admin of Tribal Areas (4) Assam, Mizoram, Meghalaya, Tripura

Seventh

Union, State and Concurrent Lists

Eighth

Official Language(22)

Ninth

Acts and Regulations not under Judicial Review

Tenth

Anti-Defection Law

Eleventh

Powers, Authorities & Responsibilities-PANCHAYATS

Twelfth

Powers, Authorities & Responsibilities-Municipalities

Some other Data


1st Biggest Part Part V (Union)
2nd Biggest Part Part VI (State)

Smallest Part Part IVA, X, XX


Part deals with J&K Part VI
Temporary Provisions Part XXI

New Parts IVA, IX, IXA, IXB, XIVA


Removed Part - VII

The Preamble of the Constitution

The Preamble

Background
Text
Keywords
Significance
Amendment

Background
Preamble means Introduction or Preface.
American Constitution was first to begin with
a Preamble.
The Preamble to the Indian Constitution is
based on Objectives Resolution passed by
J.Nehru on 13th December, 1946.
N A Palkhivala, an eminent jurist described
Preamble as the identity card of the Indian
Constitution.

Source, Nature, Vision, Date


42nd Amendment SOCIALIST , SECULAR, INTEGRITY

Keywords

Sovereign
Socialist
Secular
Democratic
Republic
Justice Liberty, Equality, Fraternity

Sovereign
The word Sovereign means that India is an
independent state.
There is no authority above it.
It is free to conduct its own affairs without any
external or internal pressure.

Socialist
The 42nd CAA, 1976 introduced -Socialism
means
Production, Distribution and Consumption by
State which mean State Ownership
Indian Socialism =Gandhian + Marxian
Socialism is
Democratic Socialism-Mixed Economy
Communistic Socialism Complete ban of private
ownership

Secular
The 42nd CAA, 1976 introduced.
No Official State Religion
State
All religions are equal.

Secular State

Positive
Concept
(India)

Theocratic
State

Negative
Concept
(Western)

Democratic
Democracy means By the People, for the
People, of the People.
Democracy
Direct Democracy
Referendum
Initiative
Recall
Plebiscite.

Indirect Democracy

In-direct
Democracy

Presidential
form of Indirect
Democracy

Representative Democracy.

Direct
Democracy

Parliamentary
form of Indirect
Democracy

Republic
Feature of Democratic Polity.
Republic means
Political Sovereignty with people
All public offices are open to all citizens.
Democratic
State

Monarch

Republic

Justice
Justice of three types
Social
Economic
Political

Social Justice Equal Treatment(No social distinction)


Economic Justice No distinction in economic factors
Political Justice Equal Political rights, access to all
political offices, equal voice of government.
Justice Social, Political and Economic is taken from
Russian Revolution(1917)
Social Justice + Economic Justice = Distributive Justice

Liberty
Absence of restraints on the activities of
individuals
Providing opportunities for the development
of individual personalities.
Liberty of thought, expression, belief, faith
and worship achieved through Fundamental
Rights.
Concepts of Liberty, Equality, Fraternity is
taken from French Revolution(1789-99)

Equality
Absence of special privileges to any section of
the society
Provision of adequate opportunities for all
individuals without any discrimination.
Three dimensions
Civic: Articles-14, 15, 16, 17, 18.
Political: Articles- 325, 326.
Economic: Articles: 39a, 39d (DPSP)

Fraternity
Means sense of brotherhood
C.O.I promotes brotherhood sense through
Single Citizenship, Fundamental Duties(51A.e)
Fraternity assures:
The dignity of individual
Unity and integrity.

Significance of the Preamble

Embodies basic philosophy


Fundamental values: Political, Moral, religious
Reflects grand and noble vision of C.A
Reflects dreams and aspirations of founding
fathers of the constitution.
However, two things should be noted
Preamble is not a source of power to legislature
Preamble is not a prohibition upon legislature power.
It is non-justiciable.

Amendments

Berubari Union Case, 1960 Not a part


Kesavananda bharati case, 1973 - Part
LIC of India Case, 1995 Integral part
Finally, SC allowed Parliament to amend the
Preamble without disturbing the Basic
Structure of the under Article 368.

Sources of Indian Constitution

Overview

The Constitution refers to the fundamental laws and principles which


prescribe the nature, functions and the limits of a government. It reflects
the aspirations of the people it belongs to.

In India, the Constituent Assembly was constituted in November 1946,


under the scheme formulated by the Cabinet Mission Plan. The
Constituent Assembly was to be a partly elected and partly nominated
body. The members were to be indirectly elected by the members of the
provincial assemblies, who themselves were elected on a limited
franchise. It comprised of representatives of all sections of Indian society.

The Constitution framers adopted from several sources, features which


are present in the Indian Constitution. The main sources may be identified
as

Sources

GOI Act, 1935


British Constitution
US Constitution
Irish Constitution
Canadian Constitution
Australian Constitution
Weimar(Germany) Constitution
Soviet Constitution
French Constitution
South African Constitution
Japanese Constitution

Government of India Act, 1935

Federal Scheme
Office of Governor
Judiciary
Public Service Commissions
Emergency provisions
Administrative details.

British Constitution

Parliamentary government
Rule of Law
Legislative procedure
Single citizenship
Cabinet System
Prerogative Writs.

US Constitution

Fundamental Rights,
Independence of Judiciary,
Judicial Review,
Impeachment of the President,
Removal of Supreme Court and High Court
judges,
post of Vice-President.

Irish Constitution
Directive Principles of State Policy,
nomination of members to Rajya Sabha,
method of election of President

Canadian Constitution
Federation with a strong centre,
Residuary powers with the centre,
Appointment of state governors by the centre
and advisory jurisdiction of the Supreme
Court.

Australian Constitution
Concurrent List,
Freedom of trade, commerce and intercourse
Joint sitting of the two Houses of Parliament.

Weimar Constitution
Suspension of Fundamental Rights during
Emergency.

Soviet Constitution
Fundamental duties,
The ideal of justice (social, economic and
political) in the Preamble.

French Constitution
Republic,
The ideals of
Liberty
Equality,
Fraternity in the Preamble.

South African Constitution


Procedure for amendment,
The Constitution and election of the members
of Rajya Sabha.

Japanese Constitution
Procedure established by law.
Right to life(Article -21)

Self Made

Panchayat Raj Institutions


Quasi-Federal
All India Services
Single Citizenship
Special Provisions to Minorities
Finance Commission
Linguistic Commission

Articles.

Parliaments

Power to Reorganise the States.


Evolution of States and Union Territories.

Article

1 describes India, that is, Bharat as a


Union of States rather than a Federation of
States. Name ,Polity
According to Article 1, the territory of India
can be classified into three categories
Territories of the states
Union Territories
Territories that may be acquired by the G.O.I
anytime.

Admission

or establishment of new states on


such terms and conditions as it thinks fit.
-The parliament is empowered to admit or
establishment of new states that are not part
of the union of India.
Article- 2A Sikkim to be associated with the
Union Repealed (35th CAA, 1975 removed 2A
and tenth schedule)

Article

3 authorises the ParliamentFormation of new states and alternation of


areas, boundaries or names of existing
states.
a.

b.
c.

d.
e.

Form a new state by separation of territory


from any state or uniting two or more states
or parts of states or by uniting any territory
to a part of any state.
Increase the area of any state.
Diminish the area of any state.
Alter the boundaries of any state.
Alter the name of any state.

Article

3 provides the following procedure:


Presidential reference is sent to State
Assembly.
After presidential reference, a resolution is
tabled and passed in Assembly.
Assembly has to pass a Bill creating the new
State/States.
A separate Bill has to be ratified by
Parliament with simple majority.( not falling
under Art 368)

Laws

made under Article 2 and 3 to provide


for the amendment of the first and fourth
schedules and supplemental, incidental and
consequential matters.

At the time of independence, India had 2 types of political


units, namely, the British Provinces and the Princely
States. Later on, the Indian Independence Act of 1947 led
to the
formation of two independent and separate dominions,
namely, India and Pakistan. Three options were available
to the Princely States :

1. Joining India
2. Joining Pakistan
3. Remaining Independent

Total Number of Princely states were 552


Total Princely States that joined India were 549.
Princely states of Hyderabad, Junagarh and Kashmir
refused to join India. But later on, Hyderabad was
integrated to India by means of police actions, Junagarh by
means of referendum and Kashmir by the Instrument of
Accession.

When

the Indian Constitution came into


force, it contained a fourfold classification of
the States of the Indian Union :

Committees

on States Reorganisation

Dhar Commission, 1948


JVP Committee, 1949
Fazl Ali Committee, 1953
States Reorganisation Act, 1956 made 7th CAA.
This deleted Part VII of Indian Constitution. As a
result, 14 states and 6 union territories were
created on November 1, 1956.

Dhar Commision, JVP Committee and Fazl Ali Commission

Dhar Commission
There was a demand from different regions, mainly South India, for reorganization of States on linguistic basis. Consequently, in June 1948, the Government of India
appointed the Linguistic Provinces Commission under the chairmanship of S.K.Dhar to study the feasibility of organizing states on Linguistic basis.

The Commission, later on, rejected the linguistic basis of reorganization of States and recommended the reorganization of States on the basis of following criterias :
1. Geographical contiguity
2. Financial self-reliance
3. Administrative viability
4. Potential for development
JVP Committee (Jawaharlal Nehru, Vallahbhai Patel, Pattabhi Sitaramayya)

The report submitted by Dhar commission led to much resentment among the people. As a result, in the Jaipur session of 1948, Congress appointed a three member
committee to consider the recommendations of Dhar Commission. This committee also rejected the linguistic factor of reorganization of the states. This
committee recommended the reorganization of States on the basis of security, unity and economic prosperity of the nation.
However, the Indian Government was forced by the death of Potti Sriramulu to create the first linguistic state, known as Andhra State, by separating the Telugu
speaking areas from the Madras State. Potti Sriramulu became famous for undertaking the hunger strike in support of the formation of an Indian state for the Teluguspeaking population of Madras Presidency; he lost his life in the process. His death sparked public rioting, and Indian prime minister Jawaharlal Nehru declared the
intent to form Andhra State three days following.
Fazl Ali Commission
Chairman : Fazl Ali
Members : Hridaynath Kunzru and K.M.Panikkar
After the formation of Andhra Pradesh on the basis of linguistic factor, all hell break loose. The other regions also started demanding for creation of separate states on
the basis of linguistic factor. The intense pressure forced the Indian Government to form a new commission to visit the whole question of whether the linguistic basis of
separation of states can be considered or not. It led to the formation of Fazl Ali Commission in December 1953.
The commission submitted its report on September 1955 and acknowledged 4 major factors to be taken into account in any scheme of reorganization of states :
1. Linguistic and Cultural homogenity
2. Preservation and strengthening of the unity and security of the nation.
3. Financial, Economic and Administrative considerations.
4. Planning and promotion of the welfare of the people in each state as well as of the Nation as a whole.
It suggested the reorganization of 27 states of various categories into 16 states and 3 Union Territories. The recommendations of the Fazl Ali Commission was accepted
by the Indian Government with minor modifications. As a result, the State Reorganization Act of 1956 was passed by the Parliament to give effect to the
recommendation of the commission. It led to the formation of 14 states and 6 Union Territories on 1st November, 1956.

Even after the large-scale reorganisation of the states in 1956, the political map of India underwent continuous change due to the pressure of popular agitations and
political conditions. The demand for the creation of some more states on the basis of language or cultural homogeneity result ed in the bifurcation of existing states.
Maharashtra and Gujarat
In 1960, the bilingual state of Bombay was dividedg into two separate statesMaharashtra for Marathispeaking people and Gujarat for Gujarati-speaking people. Gujarat
was established as the 15th state of the Indian Union.

Dadra and Nagar Haveli


The Portuguese ruled this territory until its liberation in 1954. Subsequently, the administration was carried on till 1961 by an administtator chosen by the people
themselves. It was converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.
Goa, Daman and Diu
ndia acquired these three territories from the Portuguese by means of a police action in 1961. They were constituted as a union territory by the 12th Constitutional
Amendment Act, 1962. Later, in 1987, Goa was conferred a statehood.9 Consequently, Daman and Diu was made a separate union te rritory.

Puducherry
The territory of Puducherry comprises the former French establishments in India known as Puducherry, Karaikal, Mahe and Yanam. The French handed over this
territory to India in 1954. Subsequently, it was administered as an 'acquired territory', till 1962 when it was made a union territory by the 14th Constitutional
Amendment Act.
Nagaland
In 1963, the State of Nagaland was formed") by taking the Naga Hills and Tuensang area out of the state of Assam. This was done to satisfy the movement of the hostile
Nagas. However, before giving Nagaland the status of the 16th state of the Indian Union, it was placed under the control of governor of Assam in 1961.
Haryana, Chandigarh and Himachal Pradesh
In 1966, the State of Punjab was bifurcated" to create Haryana, the 17th state of the Indian Union, and the union territory of Chandigarh. This followed the demand for
a separate 'Sikh Homeland' (Punjabi Sabha) raised by the Mali Dal under the leadership of Master Tara Singh. On the recommendation of the Shah Commission (1966),
the punjabispeaking areas were constituted into the unilingual state of Punjab, the Hindi-speaking areas were constituted into the State of Haryana and the hill areas
were merged with the adjoining union territory of Himachal Pradesh. In 1971, the union territory of Himachal Pradesh was elevated12 to the status of a state (18th
state of the Indian Union).

Manipur, Tripura and Meghalaya


In 1972, the political map of Northeast India underwent a major change. Thus, the two Union Territories of Manipur and Tripura and the Sub-State of Meghalaya got
statehood and the two union territories of Mizoram and Arunachal Pradesh (originally known as North- East Frontier AgencyNEPA) came into being. With this, the
number of states of the Indian Union increased to 21 (Manipur 19th, Tripura 20th and Meghalaya 21st). Initially, the 22nd Constitutional Amendment Act (1969) created
Meghalaya as an 'autonomous state' or 'sub-state' within the state of Assam with its own legislature and council of ministers. However, this did not satisfy the aspirations
of the people of Meghalaya. The union territories of Mizoram and Arunachal Pradesh were also formed out of the territories of Assam.
Sikkim
Till 1947, Sikkim was an Indian princely state ruled by Chogyal. In 1947, after the lapse of British paramountcy, Sikkim became a 'protectorate' of India, whereby the
Indian -Government. assumed responsibility for the defence, external affairs and communications of Sikkim. In 1974, Sikkim expressed its desire for greater association
with India. Accordingly, the 35th Constitutional Amendment Act (1974) was enacted by the parliament. This amendment introduced a new class of statehood under the
constitution by conferring on Sikkim the status of an 'associate state' of the Indian Union. For this purpose, a new Article 2A and a new schedule (Tenth Schedule
conseriVing the terms and conditions of association) were inserted in the Constitution. This experiment, however, did not last long as it could not fully satisfy the
aspirations of the people of Sikkim. In a referendum held in 1975, they voted for the abolition of the institution of Chogyal and Sikkim becoming an integral part of
India. Consequently, the 36th Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state). This
amendment amended the First and the Fourth Schedules to the Constitution and added a new Article 371-F to provide for certain special provisions with respect to the
administration of Sikkim. It also repealed Article 2A and the Tenth Schedule that were added by the 35th Amendment Act of 1974.

Mizoram, Arunachal Pradesh and Goa


In 1987, three new States of Mizoram," Arunachal Pradesh 15 and Goal-6 came into being as the
23rd, 24th and 25th states of the Indian Union respectively. The Union Territory of Mizoram was
conferred the status of a full state as a sequel to the signing of a memorandum of settlement
(Mizoram Peace Accord) in 1986 between the Central government and the Mizo National Front,
ending the two-decade-old insurgency. Arunachal Pradesh had also been a union territory from
1972. The State of Goa was created by separating the territory of Goa from the Union Territory of
Goa, Daman and Diu.
Chhattisgarh, Uttarakhand and Jharkhand
In 2000, three more new States of Chhattisgarh,12 Uttarakhand and Jharkhand were created out of
the territories of Madhya Pradesh, Uttar Pradesh and Bihar respectively. These became the 26th,
27th and 28th states of the Indian Union respectively.
Thus, the number of states and union territories increased from 14 and 6 in 1956 to 28 and 7 in
2000 respectively.

Telangana
On 30 July 2013, the Congress Working Committee unanimously passed a resolution to recommend
the formation of a separate Telangana state. After various stages the bill was placed in the
Parliament in February 2014. In February 2014, Andhra Pradesh Reorganisation Act, 2014 bill was
passed by the Parliament of India for the formation of Telangana state comprising ten districts
from north-western Andhra Pradesh. The bill received the assent of the President and published in
the Gazette on 1 March 2014.
The state of Telangana was officially formed on 2 June 2014.
Hyderabad will remain as the joint capital of both Telangana and Andhra Pradesh for a period of 10
years

1953: States Reorganization Committee advises against the immediate merger of Telangana with Andhra Pradesh.
November 25, 1955: Andhra assembly passes resolution to provide safeguards to Telangana.
November 1, 1956: Telangana merged with the Andhra state to form Andhra Pradesh.

1968-69: Massive revolt called Jai Telangana Movement launched by people in Telangana demanding a separate state.
January 1969: As conciliatory measure, the All-Party State Accord was signed. Indira Gandhi also announced packages for the region, styled an
eight-point formula and a five-point formula. Court upholds the rule of job and educational quotas for Telangana. Then, the anti-Telangana stir
was launched the Jai Andhra Movement. It is important to note here that, Venkaiah Naidu and Chandrababu Naidu were in the forefront of the
Jai Andhra stir. The Centre, post the stir, yielded and nullified almost all the safeguards that had been put in place.
1969-2000: During this period, various protests were organized by agitators both pro- and anti-Telangana which often took a bloody turn.
2001: In this year, KCR picked up the statehood for Telangana demand. He also walked out of Telegu Desam Party and launched the Telangana
Rashtra Samithi. Sonia Gandhi, during this period, had written to the NDA government at the Centre to push for the creation of the separate state
of Telangana.

2004: Congress and TRS enter into a poll alliance.


2006: Congress and TRS part ways when the demand for the separate state of Telangana is not met.
December 2009: UPA-II's home minister, Sushilkumar Shinde hints at the fact that the Centre is serious about the recognition of Telangana as a
separate state. In this regard, the Srikrishna Committee is set up which had submitted its report in 2010.

December 2012: Home minister Sushilkumar Shinde announces that the decision regarding Telangana will be taken in a month.
July 30, 2013: Congress announces the formation of the separate state of Telangana. It is all set to become India's 29th state.
February 18, 2014: Telangana Bill is passed by voice amid major disruptions by MPs from Seemandhra.
June 2, 2014: Telangana formally comes into existence. K Chandrasekhar Rao takes oath as the state's first chief minister.

Meaning and significance


Constitutional Provisions
Citizenship Act, 1955
Acquisition of Citizenship
Loss of Citizenship
Single Citizenship

The Constitutional recognition of an individual as citizen is called


Citizenship(Status).
Every country has two kinds of people

Citizens enjoy all civil & political rights.


Aliens dont enjoy all civil & political rights.

Aliens

State

Friendly Aliens Cordial relations with India


Enemy Aliens people from country that is at war with India.

Citizens

Friendly
Aliens
Enemy
Aliens

The C.O.I provides special privileges to citizens

F. Rights

Article 15, 16, 19, 29, 30

Right to vote in Loksabha and State Legislative Assembly elections.


Right to contest for membership of Parliament and state legislature.
Eligibility to hold certain public offices like President, Vice-president, Judges of S.C
& H.C, Attorney General, Advocate General.. Ettc
Citizens Duties

Paying Taxes
Respecting National Flag
National Anthem
Defending country.. etc

Article 5- Citizenship at the commencement of the


constitution
Article 6- Rights of citizenship of certain persons who
have migrated to India from Pakistan.
Article 7- Rights of citizenship of certain migrants to
Pakistan.
Article 8- Rights of Citizenship of certain persons of
Indian Origin residing outside India.
Article 9- Persons voluntarily acquiring citizenship of a
foreign state not be citizens
Article 10-Continuance of the rights of citizenship
Article 11- Parliament to regulate the right of
citizenship by law.

The citizenship Act, 1955 provides for


acquisition and loss of citizenship after the
commencement of the constitution. This has
been amended many times
The Citizenship (Amendment) Act, 1986
The Citizenship (Amendment) Act, 1992
The Citizenship (Amendment) Act, 2003
The Citizenship (Amendment) Act, 2005

By Birth
By Descent
By Registration
By Naturalisation
By Incorporation of Territory

By Renunciation
By Termination
By Deprivation

Citizens of India only allegiance to Union.


All Citizens have same political and civil rights
Some exceptions
Article 15 Discrimination can be made under
residence .
Article 16 Public Employment(371D)
Article 19 Freedom of movement and
residence(Tribal Areas)
Article 370- J&K employment and residence

Promotes Fraternity and Unity among people.

Part- III
Fundamental Rights

Fundamental Rights
Fundamental Rights are incorporated from Aricle 12 to 35 in
the Third Part of the Indian Constitution Rights are the basic
facilities which we need for our growth.These are the claims of
individual recognised by the society and enforced by the
State.The existence of Democracy cant be imagined without
Fundamental Rights in India because Rights are the pillars of
Democracy

Why do we call these Rights


Fundamental?
These Rights are incorporated in the
third part of the Constitution of India.
They afford a basis for the
development of an Individual.
The Citizens and Aliens(few rights)
in India are ought to enjoy these
rights.

Fundamental Rights
Article 12 {Definition}
In this Part, unless the context otherwise required, "the State" includes the Governmental and Parliament of
India and the Government and the Legislature of each of the States and all local or other authorities within
the territory of India or under the control of the Government of India.

Article 13 {Laws inconsistent with or in derogation of the


fundamental rights}
All laws in force in the territory of India immediately before the commencement of this Constitution, in so
far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be
void.
The State shall not make any law which takes away or abridges the rights conferred by this Part and any
law made in contravention of this clause shall, to the extent of the contravention, be void.
In this article, unless the context otherwise required, "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having
in the territory of India the force of law;
"laws in force" includes laws passed or made by a Legislature or other competent authority in the
territory of India before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in operation either at all or in
particular areas.
Nothing in this article shall apply to any amendment of this Constitution made under article 368.

Nature of Rights
Fundamental rights are equal for all.
Rights are justiciable Article 32
Fundamental rights are not absolute.
They limit the authority of the central and
state governments.
Fundamental rights distinguish between
citizens and foreign nationals.
They can be suspended during emergency.
Parliament can amend Fundamental rights.

F.Rights at a glance

Right to Equality 14-18


Right to Freedom 19-22
Right against Exploitation 23-24
Right to Freedom of Religion 25-28
Cultural and Educational Rights 29-30
Right to Constitutional Remedies 32

Right To Equality
Article 14 to 18

Right to Equality, Article-14 to 18


Equality before law Article-14 provides
that the state shall not deny to any person
equality befor law or the equal protection of
law within the territory of India .
Prohibition of Discrimination, Article-15
Equality of opportunity Article-16
Abolition of untouchability Article-17
Abolition of titles Article-18

Right to Freedom
Article 19 to 22

Right to Freedom

Freedom of speech and expression Article-19(a)

Freedom of Press Article-361 A has been inserted according to which the press has been given the power to
publish an account of the proceedings of the Indian Parliament and states legislatures.
Right to information is linked to the freedom of speech and expression granted in Article 19 in the constitution.
Freedom to assemble peacefully without Arms 19(b)
Freedom to form associations and unions - 19(c)
Freedom to move freely throughout the territory of India 19(d)
Freedom to reside and settle in any part of the territory of India 19(e)
Freedom to practise any profession or to carry on any occupation,trade or business 19(g)

Protection in respect of conviction of an offence Article-20

Protection of life and personal liberty Article-21

Right to education Article-21 A

Protection against arrest and detention against certain cases Article-22

Right against Exploitation


Article 23-24

Right against
exploitation,Article-23-24
Prohibition of traffic in human beings and
forced labour Article23: This article prohibits
the traffic in human beings and forced labour.
Prohibition of compulsary services Article-23 :
under this article the state can force people to
do compulsory service for public purposes.
Prohibition of Child Labour Article-24:
Children below the age of fourteen years will
not be allowed to work in factories, mines or
in other dangerous places so that their health
is not adversely affected.

Right to Religious Freedom


Article 25 to 28

Right to religious freedom, Article-25


to 28
Freedom to profess and propagate any
religion,Article-25
Freedom to manage religious affairs,
Artcle-26
No payment of taxes-Article-27
No religious instructions in government
educational institutions,Artcle-28

Cultural and educational rights


Article 29 to 30

Cultural and educational rights,Article


29 to 30
Protection against interest of
minorities,Article-29(1)
Right to minorities to establish educational
institutions, Article-30

Right to Constitutional Remedies.


Article-32

Right to constitutional
remedies,Article-32
HABEAS CORPUS PRODUCE THE
BODY
MANDAMAS WE COMMAND
PROHIBITION TO CANCEL, TO
SQUASH
CERORERIE TO CERTIFY/TO
TRANSFER
QUO-WARRANTO BY WHAT
AUTHORITY

Critical Evaluation of Fundamental Rights


Public Opinion

Critical evaluation of
fundamental rights
No rights outside the constitution
Too many limitations
Preventive Detention and Fundamental rights
Rights can be suspended during emergency
Absence of Economic rights
Vague and complex language
Supremacy of Parliament over Fundamental
Rights
Special concessions for minorities and backward
classes are against the Principle of Equality.

Importance of Human Rights


Foundation of democracy
Check on the arbitrariness of the Government
Create proper conditions for the development
of Men
Foundation of Rule of law
Establishment of Secular state
Protection of the interests of the minorities
Reconciliation between individual interests
and social interests.

Fundamental Rights
Article 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application
to:(a) The members of the Armed Forces; or
(b) The members of the Forces charged with the maintenance of public order; or
(c) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or
counter intelligence; or
(d) Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any
Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the
proper discharge of their duties and the maintenance of discipline among them.
Article 34. Restriction on rights conferred by this Part while martial law is in force in any area.- Notwithstanding
anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the
Union or of a State or any other person in respect of any act done by him in connection with the maintenance or
restoration of order in any area within the territory of India where martial law was in force or validate any sentence
passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
Article 35. Legislation to give effect to the provisions of this Part.- Notwithstanding anything in this Constitution,(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and
article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament
shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for
the acts referred to in sub-clause (ii)
(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect
to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in
sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may
be made therein under article 372, continue in force until altered or repealed or amended by Parliament .

DIRECTIVE PRINCIPLES OF STATE POLICY

Introduction
Importance
Articles (36-51)

Classification
Sanction behind DPSP
Criticism

Conflict between F.Rights and DPSP

Borrowed from Irish Constitution, 1937


F.Rights and DPSP are Conscience of Indian

Constitution Granville Austin


Features:
Welfare State
Instrument of Instructions, GOI, 1935
Non-justiciable in nature.
Judicial Review Null and void.
Directions given to the State(Art 36)

1.
2.
3.

4.
5.

6.
7.
8.

9.

These Principles are directives for the States


Lay down the foundation of Social & Economic
Democracy
These are measuring scaleof achievements of the
Government
They establish welfare state
These are Fundamental in the Governance of the
country.
These Principles supplement Fundamental rights
Guiding Principles for courts
They bring stability and continuity in State policies
Educative value of Directive Principles.

Article 36 to 51 of the Constition of India embodies the

Directive Principles of State policy and for these we are


indebted to the Constitution of Ireland. The objective is to
establish a social and economic democracy in India
Article 37 reveals that :
1. The Directive Principles are not justiciable
2. They are Fundamental in the governance of the country
3. It shall be the duty of the State to apply these Directive
Principles while formulating policies or making laws for
the governance of the State

Directive Principles are classified under the following


categories:
Socialist Principles (38, 39, 39A, 41, 42, 43, 43A, 47)-8
Gandhian Principles (40, 43, 43B, 46, 47, 48)-6

Liberal Principles (44, 45, 48, 48A, 49, 50, 51)-7

Article 38 To promote the welfare of the people by

securing a social order permeated by Justice: social,


economic and political and to minimise inequalities
in income, status, facilities and oppurtunites(42nd).
Article 39: To secure
Article 39(a) Adequate Livelihood.
Article 39(b) Equitable distribution.

Article 39(c) Prevention of Concentration of wealth.


Article 39(d)- Equal pay for equal work
Article 39(e)- Prevention of forciable abuse.
Article 39(f)- Healthy development of children(42nd)

Article 39A To promote equal justice and free legal

aid to poor(42nd)
Article 41 - Right to work, the right to education and
public assistance in the event of
unemployment,

old age,
disease

disabilities.
Article 42- make provisions for the creation of just and

humane conditions of work and maternity relief.

Artcle 43 To secure a living wage for workers


Living wage
Fair wage
Minimum wage
Article 43A Participation of workers in management

of industries(42nd)
Article 47 To raise level of nutrition and standard of
living of people and improve public health

Article 40 -organise Panchayats in villages and will

endow them with such powers which enabel them to


act as units of self government.
Article 43 develop cottage industry in the rural areas
Article 43B- Coperatives Socities(97th, 2011)
Article 46 Promotion of educational and economic
interests of SC, ST and other weaker sections.
Article 47- intoxicating drinks and all such
commodities which are considered injurious to health.
Article 48 reveals that State will ban slaughtering of
cows, calves and other milch cattle.

Artcle 44 - to formulate and implement a Uniform

civile-code for all the people.


Artcle 45 of the Indian Constitution the State shall
endeavour to provide early childhood care and
education for all the children untill they complete the
age of six years(86th, 2004)
Artcle 48 - strive to organise agriculture and
husbandary on modern and scientific lines. It will also
try to maintain and improve upon the breed of the
animals.
Article 48A- Protect and improve the environment
and to safeguard forests and wildlife(42nd)

Article 49- To protect monuments , places and objects

of artistic or historic interest which are declared to be


national importance
Article 50 - to separate the judiciary from the executive
in the case of public service.
Article 51 - to promote international peace and
security.

Rights

Why Non-justiciable?
Sufficient Financial Resources

Diversity and backwardness


Newly born independent state

Justiciable
Rights

NonJusticibale
Rights

F.Rights

DPSP

1.
2.
3.

4.
5.
6.

7.
8.
9.

These are Non-justiciable


Not more than moral principles
No proper classification is done
Some Directive Principles are not practicable
These are foreign in nature
Against the principle of State Sovereignity
It is illogical to include these princciples in the
constitution
These are responsible for Constitutional conflicts
No mention of methods to implement these

Champakam Dorirajan case-(1951) F.Rights prevail.


Ist Amd, 1951

4th Amd, 1955


17th Amd, 1964

Golaknath Case-(1967) F.Rights prevail


24th Amd, 1971
25th Amd, 1971 Article 31c

The Present position is that the F.Rights enjoy

supermacy over the DPSP

Overview
Articles
Analysis

Overview

The section "Fundamental Duties' was not a part of the original constitution.
These were added to the Constitution much later by the 42nd Amendment
in 1976. The fundamental duties were added to the constitution on the
recommendations of the Swaran Singh Committee.
There were ten fundamental duties at the time of incorporation but the
eleventh was inserted by the 86th Amendment in 2002.
The idea behind incorporation of fundamental duties was to remind the
citizens of the country that they have certain obligations towards the country
and society. As the state offers them fundamental rights, it is the
fundamental duty of each citizen of India to further national integration and
contribute towards a better society.
There is a major difference between the fundamental rights and the
fundamental duties. The fundamental duties are non-justifiable, that is no
one can be punished in case of their violation or non-compliance. The
fundamental duties are defined as the moral obligations of all citizens to
help promote a spirit of patriotism and to uphold the unity of India

FUNDANMENTAL DUTIES
a,To abide by the
constitution and to
respect ideals of
constitution and
institutions, the
National Flag and
the National
Anthem.

FUNDANMENTAL DUTIES
b. To cherish and
follow the noble
ideals which
inspired our
national struggle
for freedom.

FUNDANMENTAL DUTIES
c. To uphold and
protect the
sovereignty, unity
and integrity of
India.

FUNDANMENTAL DUTIES
d. To defend the
country and render
national service
when called upon
to do so.

FUNDANMENTAL DUTIES
e. To promote harmony
and the spirit of
common brotherhood
amongst all the people
of India linguistic and
regional or sectional
diversities; to renounce
practices derogatory to
the dignity of women

FUNDANMENTAL DUTIES
f. To value and
preserve the rich
heritage of our
composite culture

FUNDANMENTAL DUTIES
g. To protect and
improve the natural
environment
including forests,
lakes, rivers and
wild life, and to
have compassion
for living creatures

FUNDANMENTAL DUTIES
h. To develop the
scientific temper,
humanism and the
spirit of inquiry and
reform.

FUNDANMENTAL DUTIES
i. To safeguard public property and to abjure
violence

FUNDANMENTAL DUTIES
j. To strive towards
excellence in all
spheres of individual
and collective activity
so that the nation
constantly rises to
higher levels of
Endeavour and
achievement.

86th Amendment in 2002


k. To provide
opportunities for
education by the
parent the
guardian, to his
child, or a ward
between the age of
6-14 years as the
case may be.

Analysis

The analysis of the above duties reveals that they are applicable only to
citizens and not to the aliens.
It is expected that a citizen of India. While enjoying fundamental rights,
should also perform these duties.
Although there is no provision in the constitution for direct enforcement of
any of these duties, yet. the courts are guided by these duties while
interpreting various laws.
These duties have Sanctity as these are included in the Directive Principles
of State policy

PART V
UNION GOVERNMENT

UNION GOVERNMENT
Chapter I The Executive (52-78)
Chapter II- Parliament (79-122)
Chapter III- Legislative Power of President-123

Chapter IV- The Union Judiciary (124-147)


Chapter V- CAG(148-151)

Chapter I The Executive(52-78)


The Union Executive includes
The President(52-78)
The Vice-President(63-71)
The Council of Ministers(74, 75, 77, 78)
The Attorney General of India (76, 88, 105)

Chapter II- Parliament (79-122)


General (79-88)
Officers of Parliament (89-98)
Conduct of Business(99, 100)

Disqualification of members (101-104)


Powers, privileges and immunities of MPs -105, 106
Legislative Procedure (107-111)

Procedures in Financial Matters (112-117)


Procedure Generally(118-122)

Chapter III- Legislative Power of President-123

Article 123 of the Constitution grants the President certain law making powers to
promulgate Ordinances when either of the two Houses of Parliament is not in session and
hence it is not possible to enact laws in the Parliament.
An Ordinance may relate to any subject that the Parliament has the power to legislate on.
Conversely, it has the same limitations as the Parliament to legislate, given the
distribution of powers between the Union, State and Concurrent Lists. Thus, the
following limitations exist with regard to the Ordinance making power of the executive:
i. Legislature is not in session: The President can only promulgate an Ordinance
when either of the two Houses of Parliament is not in session.
ii. Immediate action is required: The President cannot promulgate an Ordinance
unless he is satisfied that there are circumstances that require taking immediate action.
iii. Parliamentary approval during session: Ordinances must be approved by
Parliament within six weeks of reassembling or they shall cease to operate. They will also
cease to operate in case resolutions disapproving the Ordinance are passed by both the
Houses.
Time period of Ordinance is 6 months + 6 weeks.

Chapter IV
The Union Judiciary (124-147)
The Supreme Court of India is the highest judicial forum and final court of

appeal under the Constitution of India, the highest constitutional court,


with the power of constitutional review.
It comprises the Chief Justice of India and 30 other judges. It has original,
appellate and advisory jurisdictions.
As the final court of appeal of the country, it takes up appeals primarily
against verdicts of the High Courts of various States of the Union and other
courts and tribunals.
The Supreme Court has extensive original jurisdiction for the protection of
fundamental rights of citizens. It also acts as the court to settle disputes
between various governments in the country. As an advisory court, it hears
matters which may specifically be referred to it under the Constitution by
the President of India. It also may take cognisance of matters on its own (or
'suo moto'), without anyone drawing its attention.
The law declared by the Supreme Court becomes binding on all courts
within India.

Chapter V- CAG(148-151)
The Comptroller and Auditor General (CAG) of India is an authority, established by

the Constitution of India under article 148, who audits all receipts and expenditure
of the Government of India and the state governments, including those of bodies
and authorities substantially financed by the government.
The CAG is also the external auditor of Government-owned corporations and
conducts supplementary audit of government companies, i.e., any non-banking/
non-insurance company in which the state and Union governments have an equity
share of at least 51 per cent or subsidiary companies of existing government
companies.
The reports of the CAG are taken into consideration by the Public Accounts
Committees, which are special committees in the Parliament of India and the state
legislatures. The CAG is also the head of the Indian Audit and Accounts
Department, the affairs of which are managed by officers of Indian Audit and
Accounts Service, and has over 58,000 employees across the country.
The CAG is mentioned in the Constitution of India under Article 148 151.
The CAG is ranked 9th and enjoys the same status as a judge of Supreme Court of
India in Indian order of precedence. The current CAG of India is Shashi Kant
Sharma, who was appointed on 23 May 2013. He is the 12th CAG of India.

Chapter II- Parliament

General (79-88)
Officers of Parliament (89-98)
Conduct of Business(99, 100)
Disqualification of members (101-104)
Powers, privileges and immunities of MPs 105, 106
Legislative Procedure (107-111)
Procedures in Financial Matters (112-117)
Procedure Generally(118-122)

Basic Principle of
Composition:
Bicameralism means that
Parliament/ Legislature shall
have two houses, one
representing people and
other representing units of
federation (states) to ensure
the federal system of
government.
Components:
Lok Sabha (The House of
People/ Lower House)
Rajya Sabha (Council of
States/ Upper House)
President is an integral part
of Parliament

India has borrowed this nomenclature from England and has


adopted what is called as Westminster model of
parliamentary system but Indian Sansad has its unique set
of characteristics such as

Union Parliament is non-sovereign


2. Representation to both the Houses is given on the basis of
population
3. Provision of joint sitting of both the Houses
4. Provision of nomination in both the Houses
5. Parliament is the supreme legislative body of a country.
6. The President has the power to summon and prorogue
either House of Parliament or to dissolve Lok Sabha.
1.

Lok Sabha, as the name itself signifies, is the


body of representatives of the people. Its
members are directly elected, normally once
in every five years by the adult population
who are eligible to vote. The minimum
qualifying age for membership of the House
is 25 years. The present membership of Lok
Sabha is 545.

Total members 545 (530 from different states + 13 from UTs +


2 Anglo-Indians)
Method of Election: Directly by the people on the basis of
universal adult franchise and territorial constituencies
Basic qualifications of the members:

1.
2.
3.
4.
5.

Must be a citizen of India;


Must be not less than 25 years of age;
Should not hold any Office of Profit;
Should neither be insane, nor bankrupt, and
Should possess all those qualification prescribed by the Parliament from
time to time.

Tenure: 5 years
Number of Sessions: Two Mandatory Sessions
Quorum: 1/10 th
Presiding Officer: Speaker, elected by the members

Rajya Sabha is the Upper House of Parliament. It has not


more than 250 members. Members of Rajya Sabha are not
elected by the people directly but indirectly by the
Legislative Assemblies of the various States. Every State is
allotted a certain number of members. No member
of Rajya Sabha can be under 30 years of age.
Twelve of Rajya Sabha members are nominated by the
President from persons who have earned distinction in the
fields of literature, art, science and social service.
Rajya Sabha is a permanent body. It is not subject to
dissolution but one-third of its members retire every two
years. Rajya Sabha was duly constituted for the first time
on April 3, 1952 and it held its first sitting on May 13, that
year.

Total members 250 (238 elected + 12 nominated by the


President)
Method of Election: Members are elected by the members
of State Legislative Assemblies through open ballot by
single transferable vote of proportional representation
system
Tenure: Permanent House but members of Rajya Sabha
have 6 years terms and 1/3rd of its member retire every
second year
Qualifications: Not less than 30 years of Age, other
qualifications remain as those required for Lok Sabha.
Presiding Officer: Vice President is ex-officio Chairman of
Rajya Sabha
Quorum: 1/10th

Lok Sabha elects one of its own members as its


Presiding Officer and he is called the Speaker. He is
assisted by the Deputy Speaker who is also elected by
Lok Sabha. The conduct of business in Lok Sabha is the
responsibility of the Speaker.
The Vice-President of India is the ex-officio Chairman
of Rajya Sabha. He is elected by the members of an
electoral college consisting of members of both Houses
of Parliament. Rajya Sabha also elects one of its
members to be the Deputy Chairman.

The main function of both the Houses is to pass laws. Every Bill has to be
passed by both the Houses and assented to by the President before it
becomes law. The subjects over which Parliament can legislate are the
subjects mentioned under the Union List in the Seventh Schedule to the
Constitution of India. Broadly speaking, Union subjects are those
important subjects which for reasons of convenience, efficiency and
security are administered on all-India basis. The principal Union subjects
are Defence, Foreign Affairs, Railways, Transport and Communications,
Currency and Coinage, Banking, Customs and Excise Duties. There are
numerous other subjects on which both Parliament and State
Legislatures can legislate.
Under this category mention may be made of economic and social
planning, social security and insurance, labour welfare, price control and
vital statistics.
Besides passing laws, Parliament can by means of resolutions, motions
for adjournment, discussions and questions addressed by members to
Ministers exercise control over the administration of the country and
safeguard peoples liberties.

(1) Members of Lok Sabha are directly elected by the eligible voters.
Members of Rajya Sabha are elected by the elected members of State
Legislative Assemblies in accordance with the system of proportional
representation by means of single transferable vote.
(2) The normal life of every Lok Sabha is 5 years only while Rajya Sabha
is a permanent body.
(3) Lok Sabha is the House to which the Council of Ministers is
responsible under the Constitution. Money Bills can only be
introduced in Lok Sabha. Also it is Lok Sabha which grants the money
for running the administration of the country.
(4) Rajya Sabha has special powers to declare that it is necessary and
expedient in the national interest that Parliament may make laws with
respect to a matter in the State List or to create by law one or more allIndia services common to the Union and the States.

Legislative: Supreme law-making body can make laws on


any subject included in the Union List or Concurrent List, on
residuary subjects. During the Proclamation of Emergency,
can make laws on the subjects given in the State List
Executive: Exercise control over the executive through
different devices/mechanisms by asking questions, and
through motions such as adjournment, censure, call attention
and no-confidence, cut-motion etc.
Financial: Passes the Union Budget, and Vote on Account (if
Budget is not passed in the beginning of new financial year)
Judicial: Impeach President and Judges of Supreme Court and
High Court, Comptroller and Auditor General of India, Chief
Elections Commissioner
Constituent: Can amend the constitution
Electoral: Can elect President and Vice-President

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

First Reading

The legislative process starts with the introduction of a Bill in either House of ParliamentLok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is
known as a Government Bill and in the latter case it is known as a Private Members Bill.

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for
leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the
motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon.
Thereafter, the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of the House.

Publication in Gazette

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

In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

Reference of Bill to Standing Committee

After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to the concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or
the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being of persuasive value shall be
treated as considered advice given by the Committees.

Second Reading

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

First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the
House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The
Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which
considers the Bill again as reported by the Committee. If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union
Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to
move the motion for consideration of the Bill.

Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee.

Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before
the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules if any, clause 1, the
Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

Third Reading

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of the Bill
without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple
majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two-thirds of the
members present and voting is required in each House of Parliament.

Bill in the other House

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

A Bill is the draft of a legislative proposal. It


has to pass through various stages before it
becomes an Act of Parliament.

Classification:
Ordinary Bills
Money Bills
Finance Bills
Constitution Amendment Bills

1. First Reading
2. Second Reading
-Stage of General Discussion
-Committee Stage
-Consideration Stage
3. Third Reading
4. Bill in the Second House
5. Assent of the President
-Give Assent
-Withhold Assent
-Return bill for reconsideration.

Money Bills can be introduced only in Lok Sabha (the directly elected 'people's house' of the Indian Parliament).
Money bills passed by the Lok Sabha are sent to the Rajya Sabha (the upper house of parliament, elected by the
state and territorial legislatures or appointed by the president). The Rajya Sabha may not amend money bills but
can recommend amendments. To make sure that Rajya Sabha doesn't amend the bill by adding some nonmoney matters (known as Financial Bill), the Lok Sabha Speaker certifies the bill as a money bill before sending it
to the upper house, and the decision of the Speaker is binding on both the Houses.
A money bill must be returned to the Lok Sabha within 14 days or the bill is deemed to have passed both
houses in the form it was originally passed by the Lok Sabha.
When a Money Bill is returned to the Lok Sabha with the recommended amendments of the Rajya Sabha it is
open to Lok Sabha to accept or reject any or all of the recommendations.
A money bill is deemed to have passed both houses with any recommended amendments the Lok Sabha chooses
to accept, (and without any that it chooses to decline).
The definition of "Money Bill" is given in the Article 110 of the Constitution of India. A financial bill is not a
Money Bill unless it fulfills the requirements of the Article 110.
The Speaker of the Lok Sabha certifies if a Finance bill is a Money Bill or not.
Policy cut motion-disapproval of the given policy.symbolically the members demand that the amount of the
demand be reduced to re1.they may also suggest alternative policy.
Economy cut motion - It is demanded that the amount of the policy be reduced by specified amount.
Token cut motion - Used to show specific grievance against the govt also states that the amount of the demand
be reduced by Rs. 100.
Finance bill is supposed to be enacted within 75 days(including the Parliament voting and the President
assenting).
A money bill can only be introduced in parliament with prior permission by the president of India.
money bill cannot be returned by the president to the parliament for its reconsideration, he has to
Give his assent to the bill or can with hold his assent

1.Bill can introduced in either house of Parliament


2. Bill can introduced by Public member or Private member.
3. Bill can introduced doesn't require prior permission of the President
4. The bill must be passed in each house by special majority, that is, a
majority(more than 50 percent) of the total membership of the house
and a majority of two-thirds of the members of the house present and
voting.
5. Each house must pass the bill separately.
6. No Joint session.
7. If bill seeks to amend the federal provisions of the constitution, it must
also be ratified by the legislatures of half of the state legislature, where
necessary, the bill is presented to the president for assent
8. The President must give assent to the bill. Neither reject nor withhold
9. After President assent, bill become act and constitution stands amended
in accordance with the terms of the act.

Budget in Parliament

Budget in Parliament - Stages


1.
2.
3.
4.
5.
6.

Presentation of budget
General Discussion
Scrutiny by Departmental Committees
Voting on Demands for Grants
Passing of Appropriation Bill
Passing of Finance Bill

1. Presentation of budget
An elaborate procedure has been prescribed
in the rules of business and also by convention
for presentation of budget in Parliament and
its approval
The rules of procedure require that the
budget is presented to Lok Sabha on such day
as the President directs (The budget is usually
presented President directs. (The budget is
usually presented on the last day of February).

2. General Discussion
Discussion on the Budget: Immediately after
presentation, some period is specifically
allotted for a general discussion on the
budget.

Vote on Account
Vote on Account: Pending voting of the final demands for
grants which take a longer time and may extend beyond
the commencement of the new financial year the
Constitution empowers Lok Sabha to grant Vote on
Account so that necessary expenditure on Government ,
etc. can be incurred.
By convention, therefore, Vote on Account is treated as
formality and passed by Lok Sabha without any discussion
at this stage.
The Vote on Account normally covers one months
expenditure requirements (or such longer period as may be
considered necessary by the Finance Ministry) or till the
Appropriation Bill is passed.

3. Scrutiny by Departmental
Committees
The Standing Committees of Parliament
consider the for grants of concerned
Ministries /Departments and make a report to
the Parliament to a more satisfactory scrutiny
of demands for grants.

4. Voting on Demands for Grants


The Guillotine: In the schedule for budget
discussion made by the Business Advisory
Committee, provision for Guillotine is
included by which if all the demands have not
been considered by Parliament within the
time frame prescribed, the speaker applies the
Guillotine and all outstanding Demands are
put to the Vote of the House without further
discussion.

5. Passing of Appropriation Bill


The Appropriation Bill: After passing the
Demands for Grants, the appropriation Bill is
introduced
This is to authorize the Government to draw
money from the Consolidated Fund.
After the Bill is passed, it becomes the
Appropriation Act.

6. Passing of Finance Bill


The Finance Bill: After voting on the
Appropriation Bill, the Finance Bill is taken up
for consideration.
The proposals of the Government for levy
The proposals of the Government for levy of
new taxes, modification of existing taxes or
continuation of the existing tax structure or
continuation of the existing tax structure
beyond the period approved by Parliament
are submitted to the Parliament.

Motions in Indian Parliament

Overview
Overview- A motion is a proposal by a
member of the house for its opinion/decision.
Categories
Types of Motions

Categories
The motions moved by the members to raise
discussions on various matters fall into three
principal categories:
Substantive Motions
Substitute Motions
Subsidiary Motions

Substantive Motions -- A substantive motion is


a self-contained independent proposal
submitted for the approval of the House and
drafted in such a way as to be capable of
expressing a decision of the House. Examples
are as impeachment of the President etc.

Substitute Motions -- Motions moved in


substitution of the original motion for taking
into consideration a policy or situation or
statement or any other matter are called
substitute motions. If adopted by the house, it
supersedes the original motion.

Subsidiary Motions -- It is a motion that, by itself has no meaning


and is not capable of stating the decision of the House without
reference to the original motion or proceedings of the House.
Subsidiary motions are further divided into:
a. Ancillary Motions --They are motions which are recognized
by the practice of the House as the regular way of proceeding with
various kinds of business.
b. Superseding Motions --They are motions which, though
independent in form, are moved in the course of debate on another
question and seek to supersede that question.
c. Amendments They seek to modify or substitute only a part
of the original motion.

Types of Motions:

1.) Privilege Motion


2.) Censure Motion
3.) No Confidence Motion
4.) Call - Attention Motion
5.) Adjournment Motion
6.) Cut Motions

1.) Privilege Motion


The motion will be introduced by the
opposition if a minister has mislead the house
by providing wrong information. Its purpose is
to censure the concerned minister.

2.) Censure Motion


It can be brought against the ruling government
or against any minister for the failure to act or
seeking disapproval of their policy. It can be
moved only in Lok Sabha only by the opposition.
A censure motion must specify the charges
against the government for which it is moved. If a
censure motion is passed in the Lok Sabha, the
Council of ministers is bound to seek the
confidence of the Lok Sabha as early as possible.

3.) No Confidence Motion


This can be moved only in Lok Sabha and by the opposition
of the house. It can be brought only against the Council of
ministers and not against any individual minister. Unlike
censure motion, a no-confidence motion does not require
any specific ground. Once admitted in the House, it takes
precedence over all the pending business of the House.
Generally the PM answers the allegations after the
members have spoken. If the motion is adopted by the
House, the Council of Ministers is bound to resign. The
motion needs the support of 50 members to be admitted.

4.) Call - Attention Motion


A member (after permission from Speaker)
calls the attention of the minister to any
matter of urgent public importance. There is
no Call - Attention motion in the Rajya Sabha.

5.) Adjournment Motion


Motion for an adjournment of the business of
the House for the purpose of discussing a
definite matter of urgent public importance
may be made with the consent of the Speaker.

6.) Cut Motions

The members of the Lok Sabha have a veto power to oppose a demand in the financial bill discussed by the
government. This is an effective tool to test the strength of the government. If a cut motion is adopted by the
House and the government does not have the numbers, it is obliged to resign. They are moved in the Lok Sabha
only. They are part of the budgetary process which seeks to reduce the amounts for grants.
Cut Motions can be divided into three categories:

Policy Cut: That the amount of the demand be reduced to Re.1/-' representing disapproval of the policy
underlying the demand. A member giving notice of such a motion shall indicate in precise terms the particulars of
the policy which he proposes to discuss. The discussion should be confined to the specific point or points
mentioned in the notice and it shall be open to members to advocate an alternative policy.

Economy Cut: The objective of the motion is to reduce the amount of die expenditure and the form of the
motion is The amount of the demand be reduced by Rupee (a specified amount). Such specified amount may
be either a lump sum reduction in the demand or omission or reduction of an item in the demand.

Token Cut: The objective of the motion is to ventilate a specific grievance within the sphere of responsibility of
the Government of India and its form is The amount of the demand be reduced by Rupee 100.

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