Polity 1 - SSC CGL
Polity 1 - SSC CGL
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 Thought.
Core Polity.
Political
Science
Political
Thought
Core Polity
Vedic Literature:
-Shruti Literature :
Vedas,
Brahamanas
Aranyakas
Upanishads
-Smriti Literature:
Vedanga
Shatdarshana(Nyaya, Vaisheshika,
Samkhya, Yoga, Mimansa, Vedanta)
Epics (Mahabharatha, Ramayana)
Puranas
Dharma,
Nitivakyamrutha - Somadevasuri
Tirukkaral - Thiruvalluvar
Silappadikaram - Ilangovadigal
Neethi Majuka
- Neela kanta
Key Players
State
Government
People
STATE
GOVERNMENT
PEOPLE
Players
STATE
GOVERNMENT
PEOPLE
STATE
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
Origin of State
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
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
Home
Democracy
Home
Monarchy
Home
Dictatorship
Home
Autocracy
Home
Communism
Home
Anarchy
Home
Revolutionary
Home
Oligarchy
Home
Republic
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
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
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
State
Secular
State
Positive
Concept
(India)
Theocratic
State
Negative
Concept
(Western)
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
State
Local Self
Historical
Background
The Company
Rule(1773-1858)
Battle of Buxar
Between Mir Khasim, Shah-Alam II (Mughal),
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
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
Importance:
Final Step of Centralisation
Features:
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:
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
Importance:
INC, 1885 pressured British to expand ILC
Features:
ILC was expanded to 10-16
Features:
Increased Indian Legislative Council 16-68
An Indian , Satyendra Sinha became member of Governor
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:
Features:
Introduced Subject List- Central List, State List and Concurrent List (Resdiuary powers Guv General)
Introduced Dyarchy concept. Divided Provincial Subjects into two parts
Transferred Powers
Reserved Powers
Upper House (Council of State)
Lower House (Legislative Assembly)
Features:
Background
Composition of the CA
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)
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
Criticism
Overview
Preamble
Articles 1, 2, 3, 4.465
Draft
Enforcement
Present
ARTICLES
321
315
395
465
PARTS
20
21
22
25
SCHEDULES
10
12
SUBJECT MATTER
ARTICLES
COVERED
14
II
CITIZENSHIP
5-11
III
FUNDAMENTAL RIGHTS
12-35
IV
36-51
IVA
FUNDAMENTAL DUTIES
51A
52 151
VI
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
244 244 A
XI
245 263
XII
264 300A
XIII
301- 307
XIV
308 323
XIVA
TRIBUNALS
323A 323B
XV
ELECTIONS
324-329A
XVI
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
369 392
XXII
SHORT TITLE
393-395
SUBJECT MATTER
First
Second
Third
Fourth
Fifth
Sixth
Seventh
Eighth
Official Language(22)
Ninth
Tenth
Anti-Defection Law
Eleventh
Twelfth
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.
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
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.
Amendments
Overview
Sources
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.
Japanese Constitution
Procedure established by law.
Right to life(Article -21)
Self Made
Articles.
Parliaments
Article
Admission
Article
b.
c.
d.
e.
Article
Laws
1. Joining India
2. Joining Pakistan
3. Remaining Independent
When
Committees
on States Reorganisation
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.
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).
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.
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.
Aliens
State
Citizens
Friendly
Aliens
Enemy
Aliens
F. Rights
Paying Taxes
Respecting National Flag
National Anthem
Defending country.. etc
By Birth
By Descent
By Registration
By Naturalisation
By Incorporation of Territory
By Renunciation
By Termination
By Deprivation
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
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.
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
Article 14 to 18
Right to Freedom
Article 19 to 22
Right to Freedom
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)
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 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
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.
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 .
Introduction
Importance
Articles (36-51)
Classification
Sanction behind DPSP
Criticism
1.
2.
3.
4.
5.
6.
7.
8.
9.
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
of industries(42nd)
Article 47 To raise level of nutrition and standard of
living of people and improve public health
Rights
Why Non-justiciable?
Sufficient Financial Resources
Justiciable
Rights
NonJusticibale
Rights
F.Rights
DPSP
1.
2.
3.
4.
5.
6.
7.
8.
9.
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.
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
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
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.
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
1.
2.
3.
4.
5.
Tenure: 5 years
Number of Sessions: Two Mandatory Sessions
Quorum: 1/10 th
Presiding Officer: Speaker, elected by the members
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.
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.
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.
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.
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
Budget in Parliament
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.
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
Types of 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.