Indian Polity Mindmaps (Coloured) by GRAJPUT

MIND MAPS
Indian Polity
By GRAJPUT
INDEX
Introduction To Polity And Concept Of State
1
The Indian Constitution
2
Evolution Of The Indian Constitution
3
The Structure Of Indian Constitution (Facts)
4
The Preamble to the Indian Constitution
5
The Union And Its Territories
6
Different Types Of Majority Required For Amending The Constitution
7
Citizenship
8
Six Fundamental Rights (Articles 12 to 35)
9
Fundamental Rights Part 1
10
Concept Of State And Judicial Review
11
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INDEX
Fundamental Rights Part 2 Right To Equality And Equal Protection Of Laws - Article 14 To 18 12
Fundamental Rights Part 3 – Right to freedom (Article 19-22) 13
Some landmark Supreme Court Judgments regarding the Freedom of Expression 14
Fundamental Rights Part 4 – Right against Exploitation (Article 23-24) 15
Fundamental Rights Part 5 – Right to Freedom of Religion (Article 25-28) 16
Fundamental Rights Part 6 – Cultural and Educational Rights (Article 29-30) 17
Fundamental Rights Part 7 – Right to Constitutional Remedies (Article 32) 18
Directive Principles Of State Policy (DPSP) 19
20
Fundamental Duties
21
Parliamentary Form Of Government
22
The Office Of President
23
The office of Vice President
24
The office of Prime Minister and Council of Ministers
INDEX
Parliament Part 1- Organization And Composition Of Two Houses 25
Parliament Part 2- System of Elections to Lok Sabha 26
Parliament Part 3- Duration of Two Houses and Membership of Parliament 27
Parliament Part 4- Presiding Officers and Leaders in Parliament 28
Parliament Part 5- Sessions of Parliament 29
Parliament Part 6- Devices of Parliamentary Proceedings 30
Parliament Part 7- Legislative Procedures and Joint Sitting Of Two Houses 31
Parliament Part 8- Budget in Parliament 32
Parliament Part 9- Multifunctional Role of Parliament 33
Parliament Part 10- Ineffectiveness of Parliamentary Control and Position of Rajya Sabha 34
Parliament Part 11- Parliamentary Privileges and Sovereignty of Parliament 35
The Office Of Governor 36
INDEX
The Office Of Chief Minister And Council Of Ministers 37
Judiciary part 1- Supreme Court 38
Judiciary part 2- Judicial review, Judicial Activism and PIL 39
Judiciary part 3- High Court, Tribunals and Subordinate Courts 40
Judiciary Part 4- Panchayati Raj 41
Judiciary Part 5- Municipalities 42
Concept of federalism part 1- Federalism And Parliamentary Form Of Government 43
Concept of federalism part 2- Centre State Relations 44
Concept of federalism part 3- Cooperative and Competitive Federalism 45
Union Territories 46
Scheduled and Tribal Areas in India 47
Election Commission Of India (ECI) 48
INDEX
Union Public Service Commission (UPSC) 49
State Public Service Commission (SPSC) 50
Finance Commission 51
National Commission for SCs 52
National Commission for STs 53
National Commission For Backward Classes 54
Delimitation Commission 55
Urban Government 56
57
Central Bureau of Investigation (CBI)
58
Central Vigilance Commission (CVC)
59
NITI Aayog
60
National Human Rights Commission
61
State Human Rights Commission
62
National Commission to Review the Working of the Constitution
63
Pre-Constitutional Developments in India : Phase 1 East India Company Rule (1773 – 1857) 64
Pre-Constitutional Developments in India: Phase 2 Rule under British Crown (1857-1947) 65
Cooperative Societies 66
Official Language In Indian Consitution
Mindmap
UNIT 1
BASICS OF POLITY
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MIND-MAP
Indian Polity is a discipline that includes a wide range Complete separation of powers is neither possible
of topics such as the development of the nor desirable.
Constitution, Citizenship, Fundamental Rights, Separation of powers is likely to lead to inefficiency
Directive Principles, the Executive, the President, the in administration. Separation of powers according to Montesquieu
Prime Minister & Council of Ministers, Judiciary, State The theory is based on the supposition that all the is the best guarantee of the liberty of people.
Governments, Local Government, Election system, three organs of the government are equality Separation of power promotes efficiency in the
and many more. important, but in reality it is not so. administration.
Indian Polity is one of the essential disciplines of Liberty of the people largely depends more on factors
Social Science that makes us understand our like their psyche, political culture, consciousness, and
democratic governance as well as our rights. institutions than separation of powers
The theory of Doctrine of Separation of Power was
first propounded by Montesquieu, a French scholar
and in 1747 published in his book ‘Espirit des Louis’
(The spirit of the laws).
INTRODUCTION CRITICISM ADVANTAGES Montesquieu found that if the power is
concentrated in a single person’s hand or a group of
people then it results in a tyrannical form of
government. To avoid this situation with a view to
checking the arbitrariness of the government he
suggested that there should be clear-cut division of
THE CONCEPT OF STATE
INTRODUCTION TO POLITY
power between the three organs of the state i.e.
Executive, Legislative and the Judiciary.
Montesquieu was not the first scholar to develop the
theory of separations of powers. Its origin can be
AND CONCEPT OF STATE

traced back to Aristotle, the father of Political
Science.
He in his book “The Spirit of Laws” published in 1748
The concept of state emerged on the basis
gave the classic exposition of the idea of separation
of thee important events in the history: of powers.
Magna Carta 1215
Glorious revolution of England 1678
French revolution THE GLORIOUS FRENCH REVOLUTION-
MAGNA CARTA 1215
REVOLUTION OF MONTESQUIEU THEORY OF
ENGLAND 1678 “SEPARATION OF POWERS”
Magna Carta, which means ‘The Great Charter’, is one of the most important documents in
history as it established the principle that everyone is subject to the law, even the king, and The Glorious Revolution, also called “The Revolution of 1678” and “The Bloodless Revolution,” took
guarantees the rights of individuals, the right to justice and the right to a fair trial. place from 1678 to 1689 in England.
It is most important document of England signed on 15 June 1215 at Runnymede alongside It involved the overthrow of the Catholic king James II, who was replaced by his Protestant
the River Thames in the English county of Surrey. daughter Mary and her Dutch husband, William of Orange.
It was codified to protect men from illegal imprisonment, for the protection of church rights, Motives for the revolution were complex and included both political and religious concerns. The
to provide Justice to all and put Limitations on taxation. event ultimately changed how England was governed, giving Parliament more power over the
There are strong influences from the Magna Carta in the American Bill of Rights, written in monarchy and planting seeds for the beginnings of a political democracy
1791. Indian Constitution has Fundamental Rights that were inspired by American Bill of Glorious Revolution of 1678 in England legally established the supremacy of Parliament. It was
Rights. during this revolution that the Parliament, for the first time, appointed the King.
The basic principles of the Magna Carta are seen very clearly in the Universal Declaration of Thus, from a limited constitutional monarchy established by the English Civil War (1642–1651),
Human Rights in 1948. England transitioned to a Democracy with supremacy of Parliament.
Montagu-Chelmsford Report (MCR) is known as India’s Magna Carta
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MIND-MAP
THE INDIAN CONSTITUTION

FUNCTIONS OF THE
INTRODUCTION WHAT IS A CONSTITUTION? CONSTITUTION
Before 1947, India was divided into

two main entities – The British Constitution is a legal document
India which consisted of 11 having a special legal sanctity, which
provinces and the Princely states sets out the framework and the The Constitution is a political structure, whether
ruled by Indian princes under principal functions of the organs of it is written or not and followed or not. They
subsidiary alliance policy. the government of a state, and have several functions.
The two entities merged together declares the principles governing the Expression of Basic Law: Constitutions
to form the Indian Union, but many operation of those organs. present basic laws which could be modified
of the legacy systems in British Like every other Constitution, the or replaced through a process called extra
India is followed even now. Indian Constitution also seeks to ordinary procedure of amendment.
The historical underpinnings and establish the fundamental organs of Expression of Ideology: it reflects the
evolution of the India Constitution government and administration, lays ideology and philosophy of a nation state.
can be traced to many regulations down their structure, composition, Levels of Government: Constitution generally
and acts passed before Indian powers and principal functions, explains the levels of different organs of the
Independence. defines the inter-relationship of one Government i.e. federal, confederal or unitary
organ with another, and regulates the Organizational frame work: It defines the
relationship between the citizen and functions legislature, executive and judiciary,
the state, more particularly the their inter-relationship, restrictions on their
political relationship. authority etc.
The states have reasserted certain Amendment provision: As it would not be
principles of law through written possible to foretell all possibilities in future
Constitutions. with great degree of accuracy, there must be
sufficient provisions for amendment of the
Constitution.
MIND-MAP
The first step was taken by the The Act provided for the establishment of an All-
British Parliament to control and India Federation consisting of the Provinces and The Central subjects were demarcated and separated from those of the Provincial
regulate the affairs of the East India It declared India as an the Princely States as units, though the envisaged subjects.
Company in India. Independent and Sovereign federation never came into being. The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects.
It designated the Governor of Bengal State. Three Lists: The Act divided the powers between Under the dyarchy system, the provincial subjects were divided into two parts –
(Fort William) as the Governor- Established responsible the Centre and the units into items of three lists, transferred and reserved. On reserved subjects, Governor was not responsible to the
General (of Bengal). Governments at both the namely the Federal List, the Provincial List and the Legislative council.
Warren Hastings became the first Centre and the Provinces. Concurrent List. The Act introduced, for the first time, bicameralism at the center.
Governor-General of Bengal. Designated the Viceroy India The residuary powers were vested with the Legislative Assembly with 140 members and Legislative council with 60 members.
Executive Council of the Governor- and the provincial Governors Governor-General. Direct elections.
General was established (Four as the Constitutional (normal The Act abolished the Dyarchy in the Provinces The Act also required that the three of the six members of the Viceroy’s Executive
members). There was no separate heads). and introduced ‘Provincial Autonomy’. Council (other than Commander-in-Chief) were to be Indians.
legislative council. It assigned dual functions It provided for the adoption of Dyarchy at the Provided for the establishment of the Public Service Commission.
It subordinated the Governors of (Constituent and Legislative) Centre.
Bombay and Madras to the to the Constituent Assembly Introduced bicameralism in 6 out of 11 Provinces.
Governor-General of Bengal. and declared this dominion Provided for the establishment of Federal Court. Direct elections to legislative councils; first
The Supreme Court was established legislature as a sovereign body. Abolished the Council of India. GOVERNMENT OF attempt at introducing a representative and
at Fort William (Calcutta) as the INDIA ACT OF 1919 popular element.
Apex Court in 1774. (MONTAGUE- It changed the name of the Central Legislative
It prohibited servants of the CHELMSFORD Council to the Imperial Legislative Council.
company from engaging in any GOVERNMENT OF REFORM- MAGNA The member of the Central Legislative Council was
private trade or accepting bribes INDIAN increased to 60 from 16.
from the natives. REGULATING ACT INDEPENDENCE ACT INDIA ACT OF 1935 CARTA OF INDIA) Introduced a system of communal representation
Court of Directors ( the governing OF 1773 OF 1947 INDIAN COUNCILS
for Muslims by accepting the concept of ‘separate
body of the company) should report electorate’.
its revenue. ACT OF 1909 Indians for the first time in Viceroys executive
(MORLEY- MINTO council. (Satyendra Prasanna Sinha, as the law
EVOLUTION OF THE
REFORM) member)
PITT’S INDIA ACT OF 1784
INDIAN CONSTITUTION
Introduced indirect elections (nomination).
Enlarged the size of the legislative councils.
INDIA COUNCIL Enlarged the functions of the Legislative Councils
It distinguished between the commercial and political and gave them the power of discussing the Budget
ACT OF 1892 and addressing questions to the Executive.
functions of the Company.
It allowed the Court of Directors to manage the commercial
affairs but created a new body called Board of Control to
manage the political affairs. Thus, it established a system of It introduced for the first time Indian representation in the institutions like
double government. Viceroy’s executive+legislative council (non-official). 3 Indians entered the
It empowered the Board of Control to supervise and direct CHARTER ACT OF 1813
CHARTER ACT Legislative council.
all operations of the civil and military government or Legislative councils were established in Center and provinces.
revenues of the British possessions in India. OF 1853 It provided that the Viceroy’s Executive Council should have some Indians as the
Thus, the act was significant for two reasons: first, the non-official members while transacting the legislative businesses.
Company’s territories in India were for the first time called It accorded statutory recognition to the portfolio system.
the ‘British possessions in India’; and second, the British CHARTER ACT OF 1833
Initiated the process of decentralisation by restoring the legislative powers to the
Government was given the supreme control over the Bombay and the Madras Provinces.
Company’s affairs and its administration in India.
The Company’s monopoly over Indian trade The legislative and executive
terminated; Trade with India open to all British functions of the Governor-General’s GOVERNMENT OF
subjects. Council were separated. INDIA ACT OF 1858 INDIAN COUNCILS ACT OF 1861
6 members in Central legislative
council. Four out of six members
Governor-General (of Bengal) became the Governor-General of were appointed by the provisional The rule of Company was replaced by the rule of the Crown in India.
India. governments of Madras, Bombay, The powers of the British Crown were to be exercised by the Secretary of State for India
First Governor-General of India was Lord William Bentick. Bengal and Agra. He was assisted by the Council of India, having 15 members
This was the final step towards centralization in British India. It introduced a system of open He was vested with complete authority and control over the Indian administration through the Viceroy
Beginning of a Central legislature for India as the act also took away competition as the basis for the as his agent
legislative powers of Bombay and Madras provinces. recruitment of civil servants of the The Governor-General was made the Viceroy of India.
The Act ended the activities of the East India Company as a Company (Indian Civil Service Lord Canning was the first Viceroy of India.
commercial body and it became a purely administrative body. opened for all). Abolished Board of Control and Court of Directors.
MIND-MAP
The constitution of India is the The Government of India Act 1935 The National Emblem was
longest constitution in the world Prior to the Constituent Assembly that convened
was originally passed in August 1935 in 1948 to draft the Indian Constitution adopted adopted on 26 January 1950
having 26 Parts, 12 Schedules, 448 and is said to be the longest Act of – the day India was declared
Articles. in 1950 and still in force to date, the fundamental
(British) Parliament ever enacted by law of India was mostly embodied on a series of a republic with its
Till now it has gone through a total of The original copies of that time. Constitution coming into
101 amendments. statutes enacted by the British Parliament.
the Indian Constitution, effect.
We have the Constitution in both the written in Hindi and A representation of Lion
scripts; Hindi and English. English, are kept in Capital of Ashoka was
The Indian Constitution has a total special helium-filled initially adopted as the
of 117,369 words in its English cases in the Library of BASED ON A SERIES OF emblem of the Dominion of
language version. the Parliament of India. BASIC STRUCTURE OF THE STATUTES ENACTED BY India in December 1947.
CONSTITUTION STANDS ON THE BRITISH PARLIAMENT
THE GOVERNMENT OF INDIA
Our Constitution is a result of experiences gained
ACT, 1935 by other Constitutions across the globe.
26 JANUARY 1950: “Parliamentary form of Government, Rule of Law,
THE CONSTITUTION WASN’T THE LONGEST THE ORIGINAL THE NATIONAL
Law making procedure, Single Citizenship,
COPIES ARE STORED Institution of Speaker, Doctrine of pleasure tenure
TYPED OR PRINTED CONSTITUTION IN EMBLEM OF INDIA of civil servants” are taken from the British
THE WORLD IN SPECIAL CASES WAS ADOPTED Constitution.
“Judicial System, Fundamental Rights” are taken
from the American Constitution.
INDIAN “Federal System with a strong central authority,
Residual powers,
THE STRUCTURE OF
Both the versions of the Constitution, CONSTITUTION, A
Centre State Relation” are taken from the
Hindi and English, were handwritten. BAG OF Canadian Constitutions.
The original Constitution of India was BORROWINGS “Directive Principles, Elections of the President of
INDIAN CONSTITUTION
handwritten by Prem Behari Narain India” are taken from the Irish Constitution.
Raizada in a flowing italic style with “Concurrent list, Freedom of Trade and Service
beautiful calligraphy and devoted his six within Country” are taken from the Australian
months to complete the writing. Constitution.
(FACTS)
Instead of charging any kind of “Emergency Provision” from the Weimar
remuneration, he had asked permission Constitution.
to write his name on every page of the “Five Year Plans, Fundamental Duties” from the
constitution and the name of his FATHER OF THE INDIAN Soviet Constitution.
grandfather with his name on the last CONSTITUTION, DR “Office of the Governor, Powers of the federal jury”
page. from the Govt. of India Act 1935.
AMBEDKAR, WAS
READY TO BURN IT “Amendment of Constitution” from the South
African Constitution.
On 2 September 1953 while CONSTITUTION

debating how a Governor in the EACH PAGE WAS The Constituent Assembly sat for a total of 11
NARRATING AN
country should be invested with DECORATED BY ARTISTS sessions. The 11th session was held between 14-26
more powers, Dr Ambedkar EXTENSIVE November 1949. On 26 November 1949, the final
FROM SHANTINIKETAN
argued strongly in favour of JOURNEY draft of the Constitution was ready.
amending the Constitution.
Our Constitution might not be one of the most recited Our Constitution came into force after a long expedition with Constituent Assembly.
The Constituent Assembly set Drafting Committee on 29th August 1947 to prepare a Draft 26 NOVEMBER 1949: THE FINAL
scripts but is an example of hand crafted creativity.
This momentous task of accomplishing the art work in Constitution under the chairmanship of Dr. Bhim Rao Ambedkar, also known as “Father of DRAFT WAS READY
every page of Constitution was handed over to Acharya Indian Constitution”.
Nandalal Bose in Kala Bhawan, Shantiniketan along with The Assembly has discussed and passed 2473 amendments out of 7635 tabled. It took
exactly two years, eleven months. and seventeen days for the Assembly in drafting the When the draft was
his students. prepared and put up
Nandalal Bose himself painted the major images and constitution.
guided his students in designing other art work. After getting the final draft, Constitution of India was adopted on 26th November 1949 2,000 AMENDMENTS for debate and
and on 24th January 1950, 284 members signed the Constitution. WERE MADE TO THE discussion, over
The most important page of Constitution “The Preamble”, 2000 amendments
also called as the face of Constitution, was decorated by When they were signing, it was raining heavily outside that was considered as a good sign.
And finally, after 2 days on 26th January 1950, the Constitution of India came into force FIRST DRAFT were made before it
Beohar Rammanohar Sinha, one of Nandalal Bose’s was finalised.
student. and thus we celebrated our First Republic Day.
MIND-MAP
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
The Preamble to the SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all
Constitution of India is a its citizens:
brief introductory statement JUSTICE, social, economic and political;
that sets out guidelines, LIBERTY of thought, expression, belief, faith and worship;
which guide the people of EQUALITY of status and of opportunity;
the nation, and to present and to promote among them all
the principles of the FRATERNITY assuring the dignity of the individual and the unity and integrity of
Constitution, and to indicate the Nation;
the source from which the IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,DO The original Preamble, adopted by the
document derives its HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION Constituent Assembly in 1949, declared India a
authority, and meaning. “Sovereign Democratic Republic”.
The hopes and aspirations of By the 42nd Amendment of 1976, enacted during
the people are described in the Emergency, the words “Socialist” and
it. “Secular” were inserted; the Preamble now reads
The preamble can be “Sovereign Socialist Secular Democratic
PREAMBLE AMENDMENTS Republic”.
referred to as the preface
which highlights the entire
THE PREAMBLE TO THE

Constitution.
Sovereign
Socialist
INDIAN CONSTITUTION
NATURE OF INDIAN STATE Secular
INTRODUCTION Democratic
Republic
MAIN INGREDIENTS
OF THE INDIAN
OBJECTIVE RESOLUTION PREAMBLE
BASIC TENETS OF THE
OBJECTIVE RESOLUTION
In 1946, Objective The people of India to play the source of power and authority of the sovereignty, and the Source of the Indian Constitution- The People
Resolution was moved independence of India are revealed to be the source of the
To draw a Constitution for India authority of the Indian Constitution. The
by Jawaharlal Nehru, Constituent Assembly’s resolve to see India as independent, sovereign and republic words, ‘We, the People of India’ reflect the
describing To realize residual powers, autonomy on such states as the Constitution of India reflects same.
constitutional To make all territories of the pre-independent India into a united states of post-
independent India Nature of the Indian State- The Preamble of
structure. on 1947 India tags India as the sovereign, secular,
To realize union with the power which will be different than those given to such states
(22nd January) it was To provide adequate safeguards to the minorities, tribal and backward areas and other republic, secular and democratic nation
adopted. It shaped depressed and backward classes Objective of the Indian Constitution- Justice,
the Constitution of To provide justice, social, economic and political equality of status of opportunity and, Liberty, Equality and Fraternity are denoted as
freedom of thought, the objectives of the Preamble of India
India and its modified expression, belief, faith, worship, vocation, association and action, subject to law and
version is reflected in public Adoption Date of the Constitution of India-
the Preable of the morality before the law November 26, 1949 as the date when then the
To promote the peace and welfare among the worldly nations. Indian Constitution
Indian Constitution. To maintain the integrity of the Indian republic’s territory and its territorial rights on land,
sea, air according to the justice and law of the civilized nation
MIND-MAP
The Bombay Re-organisation Act, 1960, divided the State of Bombay to establish the two States of Gujarat and
Article 1 of the Constitution Maharashtra.
describes India, that is, Bharat as a The State of Nagaland Act, 1962 created Nagaland as a separate State. The act came into force in November 1956. By
‘Union of States’. The Punjab Re-organization Act, 1966 divided Punjab into Punjab and Haryana. this Act and 7th Constitutional Amendment Act
Dr. B.R. Ambedkar said that the New State of Himachal Pradesh comprising of the existing Union Territory of Himachal Pradesh was established by the of 1956, the distinction between the Part A and B
Indian federation was a “Union” State of Himachal Pradesh Act, 1970. States was done away with and part C States
because it was Indissoluble, and no New States of Manipur, Tripura, Meghalaya and Union Territories of Mizoram and Arunachal Pradesh were established by were abolished. Instead, those States were
State had a right to secede from the North pastern Areas (Reorganization) Act. 1971. Later Mizoram and Arunachal Pradesh achieved statehood by State of classified into two categories: States and Union
Indian Union. Mizoram Act, 1986 and State of Arunachal Pradesh Act, 1986. Territories. The Act provided for the creation of
The Union of India includes only the New State of Sikkim was established by Constitution (36th Amendment) Act, 1975. 14 States and 6 UTs as under:
States which enjoy the status of The State of Goa Act, 1987 incorporated Goa as a separate State of the Union. States:Andhra Pradesh, Assam, Bihar, Bombay,
being members of the federal Chhattisgarh was formed as a result of Madhya Pradesh Re-organisation Act, 2000 which came into being on November 1, J&K, Kerala, Madhya Pradesh, Madras, Mysore,
system and share a distribution of 2000. Orissa, Punjab, Rajasthan, Uttar Pradesh and
powers with the Union. Uttaranchal came into existence by Uttar Pradesh Re-organisation Act, 2000 on 8th November, 2000, comprising the West Bengal.
The Union Territories are not northern districts of Kumaon and Garhwal hills of Uttar Pradesh. UTs:Andaman & Nicobar Islands, Delhi,
included in the “Union of States” The State of Jharkhand was established by Bihar Re-organisation Act, 2000 on 15th November, 2000, by comprising Himachal Pradesh, Laccadive, Minicoy &
whereas the expression “Territory of eighteen southern districts of Chhota Nagpur and Santhal Pargana areas of Bihar. Amindivi Islands, Manipur and Tripura.
India” includes not only the States, The State of Telangana was created by Andhra Pradesh Reorganisation Act, 2014 and came into being on 2nd June 2014.
but also the Union Territories and
such other territories as may be
acquired by India. In October 1953, the Government of India was
The States and the Territories, forced to create the first linguistic State, Andhra
thereof, are specified in the First
ARTICLE 1. NAME THE STATES Pradesh, by separating the Telugu speaking areas
Schedule of the Constitution. AND TERRITORY OF NEW STATES AND UNION TERRITORIES REORGANIZATION from the Madras State, following the long drawn
CREATED AFTER 1956 ACT, 1956 agitation and death of Potti Sriramulu, after a 56
THE UNION day hunger strike for the cause.
ARTICLE 2. ADMISSION OR Fazal Ali Commission: In December 1953, the
ESTABLISHMENT OF NEW Government announced the formation of a three
THE UNION AND ITS

CONTINUATION OF member States Reorganization Commission under
STATES
DEMANDS FOR the chairmanship of Fazal Ali along with H.N.
LINGUISTIC Kunzru and K.M. Pannikar. The Commission
TERRITORIES
STATES suggested the abolition of the four-fold
Under Article 2, the Constitution vests power with Parliament for the classification of states under the original
admission or establishment of new States. Constitution and recommended creation of 16
Article 2 relates to admission or establishment of new states that states and 3 centrally administered territories.
were/are not part of the India. On the other hand, Article 3 deals with
establishment or creation of new states after reorganization of
existing states which are already parts of India. ARRANGEMENT OF STATES
Procedure for the formation of new States and alteration of areas, AS ON 26TH JANUARY 1950
boundaries or names of existing States
EVOLUTION OF
Part A States included the erstwhile Governors’ Provinces. The nine Part A States were
ARTICLE 3. FORMATION OF NEW STATES AND STATES AND UNION Assam, Bihar, Bombay, Madhya Pradesh (formerly Central Provinces and Berar), Madras,
ALTERATION OF AREAS, BOUNDARIES OR NAMES TERRITORIES IN Orissa, Punjab (formerly East Punjab), Uttar Pradesh (formerly the United Provinces), and
OF EXISTING STATES. INDIA West Bengal.
Part B States included the erstwhile Princely States. The Part B States were Hyderabad,
ARTICLE 4. LAWS MADE UNDER ARTICLES 2 AND 3 TO Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU),
Under Article 3, the Constitution Rajasthan, Saurashtra, Travancore-Cochin and Vindhya Pradesh.
PROVIDE FOR THE AMENDMENT OF THE FIRST AND THE Part C States included both the former Chief Commissioners’ provinces and some Princely
empowers Parliament to form a new State FOURTH SCHEDULES AND SUPPLEMENTAL, INCIDENTAL
by separation of territory from any State States. The Part C States were Ajmer, Bhopal, Bilaspur, CoochBehar, Coorg, Delhi, Himachal
or by uniting two or more States or parts AND CONSEQUENTIAL MATTERS. Pradesh, Kutch, Manipur, and Tripura.
of States or by uniting any territory to a The sole Part D State was the Andaman and Nicobar Islands.
part of any State. Any law referred to. in Article 2 or Article
The Constitution further states that 3 shall contain such provisions for the
amendment of the First Schedule and the Before 15th August 1947, most of the Princely States were integrated with the rest of India and some later such as
Parliament has the power to increase or Junagadh, Kashmir and Hyderabad.
diminish the area of any State or to alter Fourth Schedule as may be necessary to
give effect to the provisions of the law Dhar Commission: Accordingly in June 1948, the Constituent Assembly announced the setting up of the Linguistic Provinces
the boundaries or names of any State. Commission, under the chairmanship of S.K. Dhar, to examine the feasibility of this. The Commission in its report (December
In the case of Union Territories, it is not and may also contain such supplemental,
incidental and consequential provisions 1948) recommended that the reorganization of States should be on the basis of administrative convenience rather than
necessary to obtain the views of linguistic basis.
Legislatures of Union Territories before a as Parliament may deem necessary.
No such law as aforesaid shall be JVP Committee: The Dhar Commission report created general disappointment and led to the appointment of another
Bill affecting their boundaries or names is Linguistic Provinces Committee by the Congress in December 1948, consisting of three members, namely, Jawahar Lal
introduced. deemed to be an amendment of this
Constitution for the purposes of Article Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee. In its report (1949),
Changes in the Constitution consequential the committee reaffirmed the position of the Dhar Commission.
to any reorganization of states 368.
MIND-MAP
DIFFERENT TYPES OF MAJORITY REQUIRED FOR

AMENDING THE CONSTITUTION
SIMPLE/FUNCTIONAL SPECIAL
MAJORITY ABSOLUTE EFFECTIVE MAJORITY
MAJORITY MAJORITY
more than 50% of

members present and There is 3 type of special majority
voting. More than 50% of Special Majority of first Kind
More than 50% of Majority of not less than 2/3 of the member
Usage– Effective Strength.
total strength of present and voting.
Confidence Motion What is Effective
the House. Usage-
No Confidence motion strength?
Absolute majority Under Article 249
vote of thanks to the Effective Strength =
of Lok Sabha = Under Article 312
President of India (Total Strength Of The
50% of total Special Majority of second Kind
Censure motion House – Vacancies)
member i.e. 545 = Two conditions to fulfill –
Adjournment motion Here vacancies means
273 or more. 1. Not less than 2/3 of members present and
etc. seat vacated only by
Rajya Sabha = voting
For Ordinary Money and death, resignation or
50% of 245 = 123 2. By a majority of the total strength(TS) of
Finance bills disqualify.
or more. the house (i.e. 50% of TS)
Election of Speaker, Dy. Usage-
Speaker of Lok Sabha Only in two cases Usage-
and Dy. chairman of RS. Removal of Vice- Constitution amendment bills
Approval of continuance President of India. Removal of judges of SC & HC, CAG of India,
of finance emergency Removal of speaker/Dy. Chief Election Officer
and president’s speaker of Lok Sabha, Continuance of National Emergency.
rule(Article 365) Dy. chairman of Rajya Under Article 169 i.e Abolition or creation of
Disapproval of Sabha. Legislative Councils in States.
continuance of National Special Majority of third Kind
emergency Majority not less than 2/3 of total strength of
Ratification of the the house.
constitution amendment Usage-
bills by state legislature Impeachment of the President of India
Under Article 61
MIND-MAP
Right against The Citizenship Amendment Bill (CAA Bill) was first introduced in 2016 OCI Card is for foreign nationals who were eligible for Indian citizenship on 26th
discrimination on by the Lok Sabha by amending the Citizenship Act of 1955. This bill was January 1950 or was an Indian citizen on or after that date.
any grounds referred to a Joint Parliamentary Committee, whose report was later Citizens of Pakistan and Bangladesh are not eligible for OCI Card. An OCI card
Equality of submitted on January 7, 2019. OVERSEAS CITIZEN holder does not have voting rights.
opportunity in public The Citizenship Amendment Bill was passed on January 8, 2019, by the OF INDIA (OCI) OCI is not dual citizenship. OCI cardholders are not Indian citizens.
service Lok Sabha which lapsed with the dissolution of the 16th Lok Sabha. CARD The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
Right to freedom of This Bill was introduced again on 9 December 2019 by the Minister of Persons with OCI Cards have equal rights as NRIs in terms of financial, educational
expression, Home Affairs Amit Shah in the 17th Lok Sabha and was later passed on 10 and economic matters. But they cannot acquire agricultural land in India.
association, December 2019. The Rajya Sabha also passed the bill on 11th December.
movement, The CAA was passed to provide Indian citizenship to the illegal migrants
profession, who entered India on or before 31st December 2014. A PIO card applicant has to be a person of Indian
residence, assembly. PERSONS OF
The Act was passed for migrants of six different religions such as Hindus, origin who is a citizen of any country, other than
Right to vote Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, INDIAN ORIGIN
Pakistan, Bangladesh, Sri Lanka, Bhutan,
Right to contest for Bangladesh and Pakistan. Any individual will be considered eligible for (PIO) CARD Afghanistan, China and Nepal; or a person who
elections of MP , this act if he/she has resided in India during the last 12 months and for 11 has held an Indian passport at any time or is the
MLA of the previous 14 years. spouse of an Indian citizen or a person of Indian
Right to hold office For the specified class of illegal migrants, the number of years of origin;
of president, vice residency has been relaxed from 11 years to five years.
president, judges of
SC / HC, attorney Termination of the citizenship is
general or advocate TERMINATION OF possible in three ways:
FUNDAMENTAL
general and INDIAN Renunciation
governor. RIGHTS TO
CITIZENSHIP Termination
CITIZENS AND CITIZENSHIP AMENDEMENT ACT 2019 Deprivation
ALIENS
ARTICLE 5 : CITIZENSHIP AT
THE COMMENCEMENT OF THE Citizenship of India can be acquired at the
CITIZENSHIP
CONSTITUTION CITIZENSHIP ACT, commencement of the Constitution, by birth, by
1955 descent, by registration, by naturalization and by
incorporation of territory (by the Government of
At the commencement of this Constitution, every person who has his India)
domicile in the territory of India and – Citizenship by birth is not applicable for children
Who was born in the territory of India; or ARTICLE 11: of foreign diplomatic personnel and those of
Either of whose parents was born in the territory of India; or PARLIAMENT TO enemy aliens.
Who has been ordinarily resident in the territory of India for not less REGULATE THE RIGHT OF
than five years immediately preceding such commencement, shall be CITIZENSHIP BY LAW
a citizen of India. Nothing in the foregoing provisions of this Part
shall derogate from the power of Parliament to
make any provision with respect to the acquisition
and termination of citizenship and all other
ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN matters relating to citizenship.
PERSONS WHO HAVE MIGRATED TO INDIA FROM
PAKISTAN ARTICLE 10: CONTINUANCE OF
Every person who is or is deemed to be a
THE RIGHTS OF CITIZENSHIP citizen of India under any of the
ARTICLE 7: RIGHTS OF CITIZENSHIP OF foregoing provisions of this Part shall,
Notwithstanding anything in article 5, a person CERTAIN MIGRANTS TO PAKISTAN subject to the provisions of any law that
who has migrated to the territory of India ARTICLE 8: RIGHTS OF ARTICLE 9: PERSONS VOLUNTARILY may be made by Parliament, continue to
from the territory now included in Pakistan CITIZENSHIP OF ACQUIRING CITIZENSHIP OF A FOREIGN be such citizen.
shall be deemed to be a citizen of India at the CERTAIN PERSONS OF STATE NOT TO BE CITIZENS
commencement of this Constitution if – Notwithstanding anything in articles 5 and 6, a
He or either of his parents or any of his grand- person who has after the first day of March 1947, INDIAN ORIGIN
parents was born in India as defined in the migrated from the territory of India to the RESIDING OUTSIDE
Government of India Act, 1935 (as originally territory now included in Pakistan shall not be No person shall be a citizen of India by virtue of article 5 or be deemed to be a citizen of
INDIA India by virtue of article 6 or article 8 if he has voluntarily acquired the citizenship of any
enacted); and deemed to be a citizen of India:
In the case where such person has so Provided that nothing in this article shall apply to foreign State.
migrated before the nineteenth day of July, a person who, after having so migrated to the
1948, he has been ordinarily resident in the territory now included in Pakistan, has returned to
territory of India since the date of his the territory of India under a permit for Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in
migration, or resettlement or permanent return issued by or India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country
Provided that no person shall be so registered under the authority of any law and every such outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the
unless he has been resident in the territory of person shall for the purposes of clause (b) of diplomatic or consular representative of India in the country where he is for the time being residing on an application made
India for at least six months immediately Article 6 be deemed to have migrated to the by him therefor to such diplomatic or consular representative, whether before or after the commencement of this
preceding the date of his application. territory of India after the nineteenth day of July, Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
1948.
MIND-MAP
Right to equality guarantees equal rights for
everyone irrespective of religion, gender, caste,
race or place of birth. The Constitution guarantees remedies if
It ensures equal employment opportunities in the citizens’ fundamental rights are violated. The
government and insures against discrimination by government cannot infringe upon or curb
the State in matters of employment on the basis of anyone’s rights. When these rights are
caste, religion, etc. violated, the aggrieved party can approach
This right also includes the abolition of titles as well the courts. Citizens can even go directly to
as untouchability. the Supreme Court which can issue writs for
enforcing fundamental rights.
Freedom is one of the

most important ideals RIGHT TO EQUALITY RIGHT TO
cherished by any CONSTITUTIONAL
democratic society. The (ARTICLES 14 – 18)
Indian Constitution REMEDIES (32 – 35)
guarantees the freedom to
citizens. The freedom right
includes many rights such
SIX FUNDAMENTAL RIGHTS

as:
Freedom of speech CULTURAL AND
Freedom of expression EDUCATIONAL RIGHTS
RIGHT TO FREEDOM
(ARTICLES 12 TO 35)
Freedom of assembly (ARTICLES 29 – 30)
without arms (ARTICLES 19 – 22)
Freedom of association
Freedom to practise
any profession
Freedom to reside in These rights protect the
any part of the country rights of religious, cultural
Some of these rights are and linguistic minorities, by
subject to certain
RIGHT AGAINST facilitating them to preserve
conditions of state EXPLOITATION their heritage and culture.
security, public morality (ARTICLES 23 – 24) Educational rights are for
and decency and friendly RIGHT TO FREEDOM OF ensuring education for
relations with foreign RELIGION (ARTICLES 25 – 28) everyone without any
countries. This means that discrimination.
the State has the right to
impose reasonable
restrictions on them.
This right implies the
prohibition of traffic in human
beings, begar, and other forms This indicates the secular nature of Indian polity. There is
of forced labour. It also implies equal respect given to all religions. There is freedom of
the prohibition of children in conscience, profession, practice and propagation of religion.
factories, etc. The Constitution The State has no official religion. Every person has the right to
prohibits the employment of freely practice his or her faith, establish and maintain
children under 14 years in religious and charitable institutions.
hazardous conditions.
MIND-MAP
Article 12 is the first Article in Part III of the Constitution of India. It states that:
Fundamental rights are the basic human “Definition in this part, unless the context otherwise requires, the State includes the Government
rights enshrined in the Constitution of and Parliament of India and the Government and the Legislature of each of the States and all local
India which are guaranteed to all citizens. or other authorities within the territory of India or under the control of the Government of India.”
LIST OF FUNDAMENTAL They are applied without discrimination on Article 12 gives an extended significance to the term ‘state’. Art 12 clarifies that the term ‘state’
the basis of race, religion, gender, etc. occurring in Art 13(2), or any other provision concerning Fundamental Rights, has an expansive
RIGHTS meaning.
Significantly, fundamental rights are
enforceable by the courts, subject to According to Art. 12, the term ‘state’ includes –
certain conditions. The Government and Parliament of India;
The Government and the Legislature of a State;
All local authorities; and
Other authorities within the territory of India, or under the control of the Central Government.
It has been pointed out at the outset that the device of guaranteeing fundamental rights by a Bill of
1. Right to Equality (Article 14- Rights in a written Constitution was to protect the individual from governmental aggression and not
18) from aggression by another individual, for which remedies under ordinary law were sufficient. It was
WHAT ARE to bind the state itself, the makers of laws, that fundamental rights have their origin.
2. Right to Freedom (Article
19-22) FUNDAMENTAL
3. Right against Exploitation RIGHTS?
(Article 23-24)
4. Right to Freedom of Religion ARTICLE 12 OF THE
(Article 25-28) CONSTITUTION OF
5. Cultural and Educational INDIA
Rights (Article 29-30)
FUNDAMENTAL RIGHTS
6. Right to Constitutional
Remedies (Article 32) AMENDABILITY OF
PART 1
FUNDAMENTAL
RIGHTS
WHY RIGHT TO PROPERTY IS NOT A
FUNDAMENTAL RIGHT?
Any changes to the fundamental
rights require a constitutional
FUNDAMENTAL amendment that should be passed by
RIGHTS both the Houses of Parliament. The
amendment bill should be passed by
AVAILABLE ONLY
a special majority of Parliament.
TO CITIZENS As per the Constitution, Article 13(2)
There was one more FEATURES OF
fundamental right in the FUNDAMENTAL states that no laws can be made that
Constitution, i.e., the right to
RIGHTS take away fundamental rights.
property.
However, this right was Prohibition of discrimination on grounds of
deleted from the list of race, religion, caste, gender or place of birth
fundamental rights by the (Article 15).
Equality of opportunity in matters of public IMPORTANCE OF
44th Constitutional If violated, aggrieved person can go directly to
Amendment. employment (Article 16). FUNDAMENTAL RIGHTS
SC Protection of freedom of (Article 19)
This was because this right Some are available to all citizens while the rest Speech and expression
proved to be a hindrance are for all persons (citizens and foreigners). Association
towards attaining the goal of Fundamental rights are not absolute rights. Assembly
socialism and redistributing Fundamental rights are essential for safeguarding the people’s interests.
They are justiciable, and enforceable by courts. Movement According to Article 13, all laws that are violative of fundamental rights shall be
wealth (property) equitably Fundamental rights can be amended. Residence
among the people. Profession void. Here, there is an express provision for judicial review.
Fundamental rights can be suspended during a The SC and the High Courts can declare any law unconstitutional on the
The right to property is now a national emergency (except FR in Articles 20 Protection of the culture, language and script
legal right and not a of minorities (Article 29). grounds that it is violative of the fundamental rights.
and 21).
fundamental right. Right of minorities to establish and administer
educational institutions (Article 30).
When the judiciary crosses its threshold
MIND-MAP
Habeas Corpus - to direct the
It includes Government and Parliament of India, that is, and interferes in the executive’s mandate, it
release of a person detained
executive and legislative organs of the Union Government. can be called judicial activism, which when
unlawfully.
Government and legislature of states, that is, executive and furthered can lead to judicial overreach.
Mandamus - to direct a public Judicial review is defined as the
legislative organs of state government. It is designated only to the higher courts
authority to do its duty. doctrine under which executive
All local authorities, that is, municipalities, panchayats, like the Supreme Court and the High
Quo Warranto - to direct a person Reviews of and legislative actions are
district boards, improvement trust etc. All other authorities, Courts.
to vacate an office assumed Legislative reviewed by the judiciary. Even
It is only permissible to the extent of
that is, statutory or non-statutory authorities like LIC, BHEL, wrongfully.
finding if the procedure in reaching the Actions though we have in India the
SAIL, GAIL etc. or even a private body or an agency working Prohibition - to prohibit a lower
court from proceeding on a case.
decision has been correctly followed but Review of principle of separation of powers
as an instrument of the State. not the decision itself. Administrative of the three arms of the State,
It is the actions of these agencies that can be challenged in Certiorari - power of the higher
The judiciary cannot interfere in political Actions namely, the executive, the
the courts as violating the Fundamental Rights. court to remove a proceeding
questions and policy matters unless Review of legislative and the judiciary, the
from a lower court and bring it
absolutely necessary. Judicial judiciary is vested with the power
before itself.
Decisions of review over actions of the other
two arms.
Literally ‘authority’ means a ‘person’ or LIMITATIONS OF Judicial review is considered a
a ‘body’ exercising power, or having a JUDICIAL REVIEW basic structure of the constitution
legal right to command and be (Indira Gandhi vs Raj Narain Case).
obeyed. JUDICIAL REVIEW
DEFINITION OF STATE : CLASSIFICATION Judicial review is the power of the
In Art. 12 “State” has not been WRITS courts to consider the
defined. It is merely an inclusive (ARTICLE - 12) constitutionality of acts of organs
definition. It includes all the of Government and declare it
authorities within the territory of unconstitutional if it violates or is
India or under the control of the JUDICIAL inconsistent with the basic
Government of India. The word “or” is principles of the Constitution.
disjunction and not conjunctive. The REVIEW
CONCEPT OF STATE AND

expression “authority” has a definite
connotation. It has different
dimensions and, thus, must receive a
liberal interpretation. DEFINITION OF Art. 13(3)(a) defines ‘law’ very widely by an inclusive
JUDICIAL REVIEW
The term is wide enough to include all definition. It does not expressly include a law
bodies created by the statute on AUTHORITY enacted by the legislature, for such an enactment is
which powers are conferred to carry obviously law. The definition of law includes:
out governmental or quasi- An Ordinance, because it is made in the exercise of
governmental functions. The word the legislative powers of the executive;
‘authority’ includes Central and State DEFINITION
An order, bye-law, rule, regulation and notification
government. OF LAW having the force of law because ordinarily they fall
Definition of Local authorities:- The in the category of subordinate delegated legislation
expression “local authorities’ refers to and are not enacted by the legislature;
authorities like municipalities, district ARTICLE 13 OF THE Custom or usage having the force of law because
boards, panchayats, improvement CONSTITUTION OF they are not enacted law at all. This extended
trusts, port trusts, mining settlement JUDICIARY IS ALSO definition appears to have been given to ‘law’ in
boards, etc., Rashid Ahmed v. M.B. SUBJECT TO INDIA order to forestall a possible contention that law can
Kairana, is one of the earliest only mean law enacted by the legislature
instances where a municipal board FUNDAMENTAL RIGHTS
was held to be a local authority under Article 13 of the Indian Constitution States that:
Article 12. “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
Article 12 does not expressly exclude the judiciary, and though Art. 12 does not expressly include made in contravention of this clause shall, to the extent of the contravention, be void
judiciary, it is submitted that the judiciary, with the legislature and the executive, is included in the In this article, unless the context otherwise requires law includes any Ordinance, order, bye-law, rule, regulation,
ordinary meaning of ‘State’ as one of the three main departments of a State; and that the ordinary notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed
meaning is not outside the inclusive definition of the ‘State’ given in Art. 12. or made by Legislature or other competent authority in the territory of India before the commencement of this
The courts, like any other organ of the State, are limited by the mandatory provisions of the Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then
Constitution and they can hardly be allowed to override the fundamental rights under the shield that in operation either at all or in particular areas
they have within there jurisdiction, the right to make an erroneous decision. The jurisdiction of a Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of
Court is limited by the Constitution; it cannot, therefore, have the jurisdiction to decide contrary to Equality.”
the provisions of the Constitution. Where a decision contravenes a fundamental right, it is not a case Article 13 is the key provision as it gives the teeth to the fundamental rights and makes them justiciable. The effect
of mere wrong decision. A decision overriding a constitutional limitation is without jurisdiction and a of Article 13 is that Fundamental Rights cannot be infringed by the government either by enacting a law or through
nullity. administrative action.
MIND-MAP
Article 14 to 18 is defined equality of our country's citizens No title, not being ba military or academic
and race, caste, sex, religion, place of birth. Our Indian distinction shall be conferred by the state.
No citizen of India shall accept any title Article 18 Abolition of titles No title, not
Constitution is liberal. And each and everything persons has being a military or academic distinction,
equal right to speech, work, live & any other and equality of from any foreign state.
No person who is not a citizen of India shall be conferred by the State No citizen of
It says that the State shall not deny to opportunity in matters of employment under the state. shall, while he holds any office of the India shall accept any title from any foreign
any person equality before the law or The right is available to citizens only. In Indian Constitution president any title from any foreign state. State No person who is not a citizen of India
equal protection of the laws within Untouchability is abolished and it's practice in any form is No person holding any office of profit or shall, while he holds any office of profit or
the territory of India. forbidden. trust under the state shall, without the trust under the State, accept without the
The rule of law embodied in Article 14 The enforcement of disabilities arising out of Untouchability consent of the president, accept any consent of the President any title from any
is the “ Basic feature” of the Indian Shall be an offences punishable in accordance with law. present emolument or office of any kind foreign State No person holding any office
constitution. Hence it cannot be from or under any foreign state. of profit or trust under the State shall,
destroyed even by an amendment of without the consent of the President,
the constitution under article 368 of accept any present, emolument, or office of
the constitution. any kind from or under any foreign State
Right to Freedom.
INTRODUCTION ABOLITION OF
TITLE
ARTICLE 18
The Rule of law has been given by
ARTICLE 14 Untouchability In a wider sense
prof. Dicey. It means that no man would include persons whom are
FUNDAMENTAL RIGHTS PART 2

is above the law, all are equal in treated as untouchables temporarily
eye of law. The concept of rule of or otherwise for various reasons,
law come from magnacarta.its such as suffering from as are
RIGHT TO EQUALITY AND EQUAL

means that law is equal for all in associated with brith or death or
same line. Because state have no social boycott resulting from caste
religion all are equal in same line. RULE OF MEANING OF or other duspute or women of other
PROTECTION OF LAWS
And uniformity will be applied for UNTOUCHABILITY families under some moral precepts.
all. Every organ of the state under LAW While Article 17 was being
the constitution of India is considered by the constituents
regulated and controlled by the assembly, Nasiruddin Ahmed and K.
rule of law.Absence of arbitrary T. Shah pointed out that in the
power has been held to be the absence of a precise definition,
first essential of rule of law. lawyer might make capital out of
such an article and an amendment
ARTICLE 361 OF PERMINATION & was moved by Mr. Nasiruddin
ARTICLE 17 Ahmed but it could not be carried
INDIAN PROHIBITION OF ARTICLE 15
out.
CONSTITUTION LAW ARTICLE 14 ARTICLE 16
The President, or the
governor or
rajpramukh of a state, Article 17 deals with a peculiar problem of our
shall not be Article 15 secures the citizens Article 16 assures equality of opportunity country. Howsoever praiseworthy the caste system
answerable to any Article 14 permits classification but from every sort of discrimination in matters of public employment and in its origin might have been, it certainly proved to
court for the exercise prohibits class legislation. by the State, on the grounds of prevents the State from any sort of be a disgrace to humanity, a threat to unity and a
and performance of the equal protection of law guaranteed religion, race, caste, sex or place discrimination on the grounds of religion, serious hindrance to social, educational and
the powers and duties by article 14 does not mean that all of birth or any of them. However, race, caste, sex, descent, place of birth, economic progress of our country. The treatment
of his office or for any laws must be general in character. this Article does not prevent the residence or any of them. This Article also gives to schedule caste in India by higher caste
act done or purporting The varying need of different classes State from making any special provides the autonomy to the State to Hindus can be comparable to that given to Negroes
to be done by him In of persons often require separate provisions for women or children. grant special provisions for the backward by white people in America at least upto the middle
the exercise and treatment. Further, it also allows the State to classes, under-represented States, SC & of the twentieth century, though in the eyes of law
performance of those The classification, however, must not extend special provisions for ST for posts under the State. Local schedule castes in India enjoyed slightly better
power and duties. be “Arbitrary, artificial or evasive” but socially and economically candidates may also be given preference status than Negroes of the United States of
Provided that the must be based on some real and backward classes for their is certain posts. Reservation of posts for America. Gandhi ji and other freedom fighters had
conduct of the substantial Distinction bearing a just advancement. It applies to the people of a certain religion or realised that equal treatment yo these castes was
president may be and reasonable relation to the object Scheduled Castes (SC) and denomination in a religious or not only necessary for winning freedom for the
brought under review sought be achieved by the legislation. Scheduled Tribes (ST) as well. denominational institution will not be nation but also for peace and progress of the
deemed illegal. country after independence.
MIND-MAP
Right to Freedom (Protection of
certain rights regarding freedom Article 21 states that no person shall be deprived of
There are two types of Article 22 deals with the protection his life and personal liberty by the State except as per
of speech, etc). All citizens shall detention: Punitive and against arrest and detention in
have the right This article was the procedure established by law. This article has a
Preventive certain cases. wide scope and its interpretation has undergone
to freedom of speech and Punitive detention is detention This article is applicable to both introduced by the
expression; 86th Constitutional many changes over the decades.
after a trial. Preventive citizens and non-citizens. The Supreme Court has interpreted the right to life as
to assemble peaceably and detention is detention without This provision extends certain Amendment in 2002.
without arms; It provides that the the right to a dignified life.
trial. The idea behind this is to procedural safeguards for individuals This is the most important right in one sense,
to form associations or unions; prevent an individual from in case of an arrest. State shall provide
to move freely throughout the free and compulsory because, without this right to life, all other
committing a crime. This It comes into the picture after a fundamental rights would be meaningless.
territory of India; means that persons can be person has been arrested. It is not a education to all
to reside and settle in any part children between the It is this article that differentiates between a police
detained on grounds of fundamental right against detention state and a constitutional state.
of the territory of India; and suspicion. The rights of people and arrest. ages of 6 and 14.
to practise any profession, or arrested in this manner are The idea behind this right is to
to carry on any occupation, governed by the preventive prevent arbitrary arrests and
trade or business detention laws. detention. Article 20 deals with the protection of citizens in
ARTICLE 21(A)
respect of conviction for offences. This provides
for three types of protection of the individual
against the State.
ARTICLE 21 Retrospective criminal legislation (ex-post facto
FREEDOM OF SPEECH AND WHAT IS criminal legislation): Under this, a person cannot be
EXPRESSION PREVENTIVE ARTICLE 22 convicted for an act that was committed at a time
ARTICLE 19
DETENTION? when the act had not been declared by law as an
offence.
Double jeopardy: This indicates that a person
Article 19 of the constitution provides cannot be convicted for the same offence more
FUNDAMENTAL RIGHTS PART 3 –

freedom of speech which is the right to than once.
express one’s opinion freely without any Prohibition against self-incrimination: This implies
fear through oral / written / electronic/ that no person accused of an offence shall be
RIGHT TO FREEDOM (ARTICLE 19-22)

broadcasting / press. ARTICLE 20 compelled by the State to bear witness against
The Constitution does not make any himself.
special / specific reference to the Freedom
of Press. The protagonists of the “free The freedom of movement is guaranteed by the constitution and citizens can
Press” called it a serious lapse of the move from one state to another and anywhere within a state. A person free to
Drafting committee. However, the freedom FREEDOM OF
MOVEMENT move from any point to any point within the country’s territories. There are
of expression includes freedom of press. RESTRICTION ON certain exceptions such as Scheduled Tribes areas and army areas.
In modern times it covers the blogs and FREEDOM OF SPEECH
websites too.
FREEDOM OF FREEDOM OF The constitution declares that all citizens will have
Freedom of speech is not absolute. RESIDENCE ASSOCIATION the right to form associations and unions.
Article 19(2) imposes restrictions on the right to
freedom of speech and expression.
The reasons for such restrictions are in the FREEDOM OF
TRADE &
The constitution guarantees right to hold meetings and take out processions. The processions and
interests of: Sovereignty and integrity of the meetings should be unarmed and peaceful. This right may be restricted in the interest of the public order
country, Security, Public order, Friendly relations HATE OCCUPATION or sovereignty and integrity of the country.
FREEDOM OF
with foreign countries, Hate speech, Contempt of SPEECH This article has also been reviewed an interpreted by the Supreme Court many times.
court, Decency or morality and Defamation. SPEECH IN ART Section 129 of the Code of Criminal Procedure authorizes the police to disperse any unlawful assembly
The Constitution provides people with the which may cause disturbance to public peace.
freedom of expression without fear of reprisal, but
it must be used with caution, and responsib
The Supreme Court of India had asked the Law
Commission to make recommendations to the
Parliament to empower the Election Commission to DECENCY OR FREEDOM OF ASSEMBLY
restrict the problem of “hate speeches” irrespective MORALITY
In relation to art, the court has held that “the art of, whenever made.
must be so preponderating as to throw But the Law Commission recommended that several
obscenity into a shadow or the obscenity so factors need to be taken into account before Article 19(2) inserts decency or morality as grounds for restricting the freedom of speech and
trivial and insignificant that it can have no restricting a speech, such as the context of the expression. Sections 292 to 294 of the Indian Penal Code gives instances of restrictions on this
effect and may be overlooked.” speech, the status of the maker of the speech, the freedom in the interest of decency or morality.
There are restrictions in what can be shown in status of the victim and the potential of the speech to The sections do not permit the sale or distribution or exhibition of obscene words, etc. in public places.
cinemas and this is governed by the create discriminatory and disruptive circumstances. However, the words decency or morality is very subjective and there is no strict definition for them.
Cinematograph Act, 1952. Also, it varies with time and place.
MIND-MAP
Freedom of speech and of the press laid at the

foundation of all democratic organizations, for One-sided information, disinformation, misinformation
without free political discussion no public education, and non information, all equally create an uninformed
so essential for the proper functioning of the process citizenry which makes democracy a farce. Freedom of
of popular government, is possible.” speech and expression includes right to impart and
receive information which includes freedom to hold
opinions.
ROMESH THAPAR V.
STATE OF MADRAS, UNION OF INDIA V. ASSN. FOR SECRETARY, MINISTRY OF
(1950) DEMOCRATIC REFORMS INFORMATION AND BROADCASTING
(2002) V. CRICKET ASSOCIATION OF
Freedom of BENGAL(“CRICKET ASSOCIATION”)
speech and
expression has (1995)
SOME LANDMARK SUPREME

no
geographical
limitation and
COURT JUDGMENTS REGARDING

it carries with MANEKA GANDHI V.
it the right of a Every citizen has a
citizen to UNION OF INDIA, fundamental right to impart
THE FREEDOM OF EXPRESSION

gather (1978) as well as receive information
information through the electronic media.
and to It ruled that frequencies or
exchange airwaves are public property,
thought with and that the government
others not only enjoys no monopoly over
in India but broadcasting. Court ordered
abroad also. PRABHA DUTT V. UNION the government to take
OF INDIA ((1982) INDIAN EXPRESS V. UNION OF immediate steps to set up an
INDIA (1985) independent and autonomous
public authority to regulate
frequencies. Freedom of
speech and expression
(Article 19 .1 & 19.2) played an
Supreme Court directed the important role in this decision.
Superintendent of Tihar Jail to Press plays a very significant role in the democratic
allow representatives of a few machinery. The courts have duty to uphold the
newspapers to interview Ranga freedom of press and invalidate all laws and
and Billa, the death sentence administrative actions that abridge that freedom.
convicts, as they wanted to be
interviewed.
MIND-MAP
As per Article 23,
Traffic in human beings and begar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
Nothing in this article shall prevent the State from imposing compulsory service for public purposes,
and in imposing such service the State shall not make any discrimination on grounds only of religion, LAWS THAT WERE PASSED THE FACTORIES ACT, 1948
race, caste or class or any of them.
Exploitation means misuse of services of others with the help of force. Begar means involuntary work IN PURSUANCE OF
without payment. ARTICLE 24 IN INDIA
Traffic in human beings means selling and buying men and women like goods for immoral and other
purposes and generally involves traffic of women and children.
Article 23 protects the individual not only against the State but also private citizens. It imposes a positive This was the first act passed after
obligation on the State to take steps to abolish evils of “traffic in human beings” and begar and other independence to set a minimum age limit
similar forms of forced labour wherever they are found. for the employment of children in
Under Article 35 of the Constitution, the Parliament is authorized to make laws for punishing acts factories. The Act set a minimum age of
prohibited by this Article. In pursuance of this Article, the Parliament has passed the Suppression of 14 years. In 1954, this Act was amended
Immoral Traffic in Women and Girls Act, 1956, for punishing acts which result in traffic in human beings. to provide that children below the age of
Similarly, Bonded Labour System (Abolition) Act, 1976, prohibits the system of bonded labour. 17 could not be employed at night.
THE MINES ACT OF 1952

PROHIBITION OF EMPLOYMENT PROHIBITION OF TRAFFIC IN HUMAN BEINGS THE CHILD LABOUR
AND FORCED LABOUR (ARTICLE23) (PROHIBITION AND
OF CHILDREN IN FACTORIES,
REGULATION) ACT, 1986
ETC. (ARTICLE 24)
This Act prohibits the
As per Article 24 — No child below the employment of people

age of fourteen years shall be employed under the age of 18 This was a landmark law enacted to curb
to work in any factory or mine or years in mines. the menace of child labour prevalent in
engaged in any other hazardous India. It described where and how
children could be employed and where
RIGHT AGAINST EXPLOITATION

employment. This article absolutely
prohibits employment of children in any and how this was forbidden. This Act
factory, any hazardous industry, or designates a child as a person who has
mines. It does not even allow any not completed his/her 14th year of age.
(ARTICLE 23-24)
exception. The 1986 Act prohibits the employment
The International Labour Organization of children in 13 occupations and 57
(ILO) in 1937 adopted a Convention processes.
fixing the minimum age where children
were to be employed in certain
occupations.
The Employment of Children Act, 1938
was passed in India to implement this
Convention. CHILD LABOUR (PROHIBITION AND
CHILD LABOUR (PROHIBITION &
REGULATION) AMENDMENT RULES, REGULATION) AMENDMENT ACT,
2017 2016
The government notified the above Rules
in 2017 in order to provide a broad and
specific framework for prevention,
prohibition, rescue and rehabilitation of This Act completely forbids the employment of children below 14
child and adolescent workers. The Rules years of age. It also bans the employment of people between the
clarified on issues concerning the ages of 14 and 18 in hazardous occupations and processes.
employment of family enterprises and also Punishments to violators of this law were made stricter by this
provides safeguards for artists in that the amendment act. This Act allows children to be employed in certain
working hours and conditions are family occupations and also as artists.
specified.
MIND-MAP
This article permits educational institutions that are maintained by

religious groups to disseminate religious instruction.
One of the objectives declared in the Preamble is “to secure to all its citizen's This provides that no religious instruction shall be provided in State-
liberty of belief, faith, and worship”. Since India is a multi-religion country, run educational institutions.
where Hindus, Muslims, Sikhs, Christians, and many other communities live Educational institutions administered by the State but that were
together, the Constitution declares India as a ‘secular state’. established under any endowment or trust which requires that
It means that the Indian State has no religion of its own. religious instruction shall be imparted in such institutions is exempt
But it allows full freedom to all the citizens to have faith in any religion and to ARTICLE 28 (FREEDOM from the above clause (that no religious instruction shall be
worship, the way they like. But this should not interfere with the religious AS TO ATTENDANCE AT provided).
beliefs and ways of worship of other fellow beings. Any person who attends any educational institution recognised by
RELIGIOUS the State or receiving State aid shall not be required to participate in
This freedom is available to foreigners as well. INSTRUCTION OR any religious instruction that may be imparted in such institution, or
RELIGIOUS WORSHIP IN also attend any religious worship in such institutions unless he/she
CERTAIN EDUCATIONAL has given consent for the same. In the case of minors, the guardians
INSTITUTIONS) should have given consent for the same.
INTRODUCTION ARTICLE 27
WHAT IS RELIGION? (FREEDOM AS
TO PAYMENT OF
TAXES FOR According to Article 27 of the Constitution,
PROMOTION OF

The German philosopher Immanuel Kant there can be no taxes, the proceeds of
defines religion as “Religion is the ANY which are directly used for the promotion
recognition of all our duties as divine PARTICULAR and/or maintenance of any particular
religion/religious denomination.
RIGHT TO FREEDOM OF
commands”. RELIGION)
The constitution does not define the term
‘religion’ and ‘matters of religion’. Hence, It
RELIGION (ARTICLE 25-28)

is left to the Supreme Court to determine
the judicial meaning of these terms. LIMITATION OF
THE RIGHT
(ARTICLE 26)
UNIVERSAL ACCEPTANCE The right to religion under Article 26 is subject to
OF FREEDOM OF RELIGION certain limitations and not absolute and
unfettered.
If any religious practice is in contravention to any
Religion is s system of faith and ARTICLE 26 (FREEDOM TO public order, morality or health then such religious
worship of supernatural force, which MANAGE RELIGIOUS practice cannot claim the protection of the state.
ARTICLE 25 (FREEDOM OF AFFAIRS)
ordains, regulates and controls the
destiny of human kinds. CONSCIENCE AND FREE
This Article provides that every religious denomination has the
The freedom of religion and freedom of PROFESSION, PRACTICE AND following rights, subject to morality, health and public order.
conscience has also been recognized PROPAGATION OF RELIGION) The right to manage its own affairs in the matter of
under the international law. On 10th religion.
December 1948, the UN General The right to form and maintain institutions for religious and
Assembly adopted the Universal charitable intents.
Declaration on Human Rights RESTRICTIONS ON The right to administer the property according to the law.
recognizing fact that the entire Article 25 guarantees the freedom of conscience, the freedom to profess,
practice and propagate religion to all citizens. FREEDOM OF The right to acquire immovable and movable property.
humanity enjoys certain alienable rights
which constitute the foundation of The above-mentioned freedoms are subject to public order, health and morality. RELIGION
freedom, justice and peace in the world. This article also gives a provision that the State can make laws:
India, on 10 April 1979, accepted That regulates and restricts any financial, economic, political or other secular The Supreme Court in In the Noise Pollution case, has given certain directions to be
Universal Declaration of Human Rights activity associated with any religious practice. followed to control noise pollution in the name of religion:
and the two international covenants. That provides for the social welfare and reform or opening up of Hindu religious Firecrackers: A complete ban on sound-emitting firecrackers from 10 pm to 6 am.
Apart from this the Constitution of institutions of a public character to all sections and classes of Hindus. Under this Loudspeakers: Restriction on the beating of drums, tom-tom, blowing of trumpets,
India also enshrines the freedom of provision, Hindus are construed as including the people professing the Sikh, Jaina or any use of any sound amplifier between 10 pm to 6 am except in public
religion and freedom of conscience as or Buddhist religions and Hindu institutions shall also be construed accordingly. emergencies.
fundamental rights under Article 25, People of the Sikh faith wearing & carrying the kirpan shall be considered as Generally: A provision shall be made by the State to confiscate and seize
Article 26, Article 27, Article 28, and included in the profession of the Sikh religion. loudspeakers and such other sound amplifiers or equipment that create noise
Article 30. beyond the limit prescribed.
Fundamental Rights guarantee basic rights to the MIND-MAP
citizens of India. There are six fundamental rights The right to education at elementary level has been made one of the fundamental rights in 2002 under
enshrined in the Constitution of India, and the 86th Amendment of 2002. However this right was brought in to implementation after eight years in
Articles 29 and 30 deals with cultural and 2010. The Constitution originally provided for the right to
educational rights of Indian citizens. On 2 April 2010, India joined a group of few countries in the world, with a historic law making education property under Articles 19 and 31.
Indian society is a composite heterogeneous one a fundamental right of every child coming into force. The Right of Children to Free and Compulsory Article 19 guaranteed to all citizens the right to
and its diversity is one of its strengths. Education Act will directly benefit children who do not go to school at present. This act provides for the acquire, hold and dispose of property.
This fundamental right intends to preserve the appointment of teachers with the requisite entry and academic qualifications. Article 31 provided that "no person shall be deprived
culture of all minority groups in India. Former Prime Minister Dr. Manmohan Singh announced the implementation of the act. Children, who had of his property save by authority of law." It also
The Constitution guarantees these rights to either dropped out of schools or never been to any educational institution, will get elementary education provided that compensation would be paid to a
minorities so that the diversity of this country is as it will be binding on the part of the local and state governments to ensure that all children in the 6–14 person whose property has been taken for public
preserved and provides avenues for all groups age group get schooling. purposes.
including marginalised ones to protect, preserve As per the Act, private educational institutions should reserve 25 percent seats for children from the 44th Amendment of 1978 removed the right to
and propagate their culture. weaker sections of society. The centre and the states have agreed to share the financial burden in the property from the list of fundamental rights.
ratio of 55:45, while the Finance Commission has given Rs.250 billion to the States for implementing the A new provision, Article 300-A, was added to the
Act. The Centre has approved an outlay of Rs.150 billion for 2010–2011. constitution, which provided that "no person shall
The school management committee or the local authority will identify the drop-outs or out-of-school be deprived of his property save by authority of
children aged above six and admit them in classes appropriate to their age after giving special training. law". Thus, if a legislator makes a law depriving a
ARTICLE 29 – PROTECTION OF person of his property, there would be no obligation
INTERESTS OF MINORITIES on the part of the state to pay anything as
CULTURAL AND compensation.
EDUCATIONAL
RIGHT TO The aggrieved person shall have no right to move
RIGHTS EDUCATION the court under Article 32. Thus, the right to
property is no longer a fundamental right, though it
This article is intended to protect the interests is still a constitutional right. If the government
of minority groups. appears to have acted unfairly, the action can be

Article 29(1): This provides all citizen groups challenged in a court of law by aggrieved citizens.
that reside in India having a distinct culture, The liberalisation of the economy and the
language and script, the right to conserve government's initiative to set up special economic
their culture and language. This right is an
CULTURAL AND EDUCATIONAL

zones has led to many protests by farmers and have
absolute right and there are no ‘reasonable led to calls for the reinstatement of the fundamental
restrictions’ in the interest of the general right to private property.
public here.
RIGHTS (ARTICLE 29-30)

Article 29(2): The State shall not deny
admission into educational institutes RIGHT TO
maintained by it or those that receive aids
from it, to any person on the basis of race, PROPERTY
religion, caste, language, etc. This right is
given to individuals and not any community.
Section 4 of the 42nd Amendment, had
changed Article 31C of the constitution
AMENDMENT TO to accord precedence to the Directive
ARTICLE 30 – RIGHT OF Principles (earlier applicable only to
This right is given to minorities to MINORITIES TO ESTABLISH ARTICLE 31C
form and govern their own clauses b & c of Article 39) over the
educational institutions. Article AND ADMINISTER ARTICLE 31: fundamental rights of individuals.
30 is also called the “Charter of EDUCATIONAL INSTITUTIONS VALIDITY OF In Minerva Mills v. Union of India case,
REPEALED ARTICLE 31B the Supreme Court ruled that the
Education Rights”.
Article 30(1): All religious and amendment to Article 31C is not valid
linguistic minorities have the and ultra vires.
right to establish and
administer educational Article 19(1)(f) Right to acquire, hold and dispose of property
institutions of their choice. and Article 31 were repealed by the Constitution 44th Articles 31A and Article 31B are added by the first constitutional amendment in 1951. Article 31B says that
Article 30(2): The State should Amendment Act 1978. A new part was inserted in Part XII of any acts and regulations included in the Ninth Schedule of the constitution by the Parliament can override
not, when granting aid to the Constitution and right to property has been transferred as the fundamental rights and such laws cannot be repealed or made void by the judiciary on the grounds of
educational institutions, Article 300 A. violating fundamental rights.
discriminate against any The main points are: Thus fundamental rights given in Part III are not equally applicable in each state /region and can be made
educational institution on the Right to Property is not a fundamental right but a legal right different by making additions/deletions to Ninth Schedule by constitutional amendments. In 2007, the
ground that it is under the One can not approach supreme court for remedy under article Supreme Court ruled that there could not be any blanket immunity from judicial review for the laws inserted
management of a minority, 32 on violation of his / her right to property because it is not a in the Ninth Schedule.
whether based on religion or fundamental right. Apex court also stated it shall examine laws included in the Ninth Schedule after 1973 for any incompatibility
language. with the basic structure doctrine.
Part III of the In Naresh S. Mirajkar v. State of Maharashtra , it was MIND-MAP
Fundamental rights In the literal sense, it means ‘by said that High Court’s judicial orders are open to
Constitution provides can be suspended what authority or warrant’. It is In the literal sense, it means
for legal remedies for being corrected by certiorari and that writ is not ‘to be certified’ or ‘to be
under article 352. issued by the court to enquire available against the High Court. In the case of East
the protection of these The six fundamental into the legality of claim of a informed’. It is issued by a India Commercial Co.
rights against their In the case of T.C. Basappa v. T. Nagappa & Anr., it higher court to a lower court
rights under Article 19 person to a public office. Hence, was held by the constitution bench that certiorari Ltd v. Collector of
violation by the State are automatically it prevents illegal usurpation of or tribunal either to transfer a Customs a writ of
or other maybe and is generally granted when a court has case pending with the latter
suspended in case public office by a person. acted (i) without jurisdiction or (ii) in excess of its prohibition was
institutions/individuals. Under National The writ can be issued only in to itself or to squash the order passed directing an
Fundamental rights are jurisdiction. of the latter in a case. It is
Emergency. case of a substantive public In Surya Dev Rai v. Ram Chander Rai & Ors., the inferior Tribunal
the rights that grant The rights mentioned office of a permanent character issued on the grounds of prohibiting it from
individuals equality in Supreme Court has explained the meaning, ambit and excess of jurisdiction or lack
under Article 20 and created by a statute or by the scope of the writ of Certiorari. It was held that continuing with the
every aspect 21 can never be Constitution. It cannot be of jurisdiction or error of law. proceeding on the
irrespective of race, Certiorari is always available against inferior courts Thus, unlike prohibition, which
suspended. issued in cases of ministerial and not against equal or higher court. ground that the
colour, caste, religion, Constitutional office or private office. Unlike is only preventive, certiorari is proceeding is without
birthplace or gender. In A.K. Kripak v. Union of India, it was held that the both preventive as well as
emergency and the other four writs, this can be Supreme Court should issue the writ of certiorari to or in excess of
These rights are financial emergency sought by any interested curative. jurisdiction or in
mentioned under quash the selection list of the Indian Forest Service Previously, the writ of
cannot affect the person and not necessarily by on the ground that one of the selected candidates contradiction with
Articles 12 to 35 of the Fundamental Rights. the aggrieved person. certiorari could be issued only the laws of the land,
Indian Constitution. was the ex-officio member of the selection against judicial
committee. statutes or otherwise.
and quasi-judicial authorities Also, it was held in
SUSPENSION OF and not against administrative the case of Bengal
INTRODUCTION QUO- LANDMARK CASES ON WRIT authorities. However, in 1991, Immunity Co. Ltd ,
FUNDAMENTAL RIGHTS the Supreme Court ruled that
WARRANTO OF CERTIORARI the Supreme Court
WRIT the certiorari can be issued pointed out that
even against administrative where an inferior
authorities affecting rights of tribunal is shown to

A precept in writing, couched in the form of a letter, running in the individuals. have seized
name of the king, president, or state, issuing from a court of justice, Like prohibition, certiorari is jurisdiction which
and sealed with its seal, addressed to a sheriff or other officer of also not available against does not belong to it
legislative bodies and private
RIGHT TO CONSTITUTIONAL
the law, or directly to the person whose action the court desires to than that
command, either as the commencement of a suit or other individuals or bodies. consideration is
proceeding or as incidental to Its progress, and requiring the irrelevant and the
REMEDIES (ARTICLE 32)

performance of a specified act, or giving authority and commission writ of Prohibition
to have it done. CERTIORARI has to be issued as a
right.
It is a Latin term which literally HABEAS CORPUS LANDMARK CASE LAWS FOR WRIT OF
means ‘to have the body of’. It is
an order issued by the court to a PROHIBITION
person who has detained MANDAMUS
another person, to produce the
body of the latter before it. The PROHIBITIO Literally, it means ‘to forbid’. It is issued by a higher
court then examines the cause NOTABLE CASES FOR court to a lower court or tribunal to prevent the
and legality of detention. It
N latter from exceeding its jurisdiction or usurping a
WRIT OF HABEAS It literally means ‘we command’. It is a jurisdiction that it does not possess. Thus, unlike
would set the detained person
free, if the detention is found to CORPUS command issued by the court to a public mandamus that directs activity, the prohibition
be illegal. Thus, this writ is a official asking him to perform his official directs inactivity. The writ of prohibition can be
bulwark of individual liberty In Kanu Sanyal v. District Magistrate, while duties that he has failed or refused to issued only against judicial and quasijudicial
against arbitrary detention. enunciating the real scope of writ of habeas perform. It can also be issued against any LANDMARK CASES FOR authorities. It is not available against administrative
The writ of habeas corpus can corpus, the Supreme Court opined that while public body, a corporation, an inferior court, authorities, legislative bodies, and private individuals
a tribunal or government for the same WRIT OF MANDAMUS
be issued against both public dealing with a petition for writ of habeas or bodies.
authorities as well as private corpus,the court may examine the legality of the purpose.
individuals. The writ, on the detention without requiring the person detained The writ of mandamus cannot be issued (a)
against a private individual or body; (b) to The courts are unwilling to issue writ of mandamus against high dignitaries like
other hand, is not issued where to be produced before it. the President and the Governors. In the case of S.P. Gupta v. Union of India,
the (a) detention is lawful, (b) In Nilabati Behera v. State of Orissa, the Orissa enforce departmental instruction that does
not possess statutory force; (c) when the judges were of the view that writ cannot be issued against the President of India
the proceeding is for contempt police took away the son of the petitioner for the for fixing the number of judges in High Courts and filling vacancies.
of a legislature or a court, (c) purposes of interrogation & he could not be duty is discretionary and not mandatory;
(d) to enforce a contractual obligation; (e) In C.G. Govindan v. State of Gujarat, it was refused by the court to issue the writ
detention is by a competent traced. During the pendency of the petition, his of mandamus against the governor to approve the fixation of salaries of the court
court, and (d) detention is dead body was found on railway track The against the president of India or the state
governors; and (f) against the chief justice staff by the Chief Justice of High Court under Article 229. Hence, it is submitted
outside the jurisdiction of the petitioner was awarded compensation of Rs. 1, that the Governor or the President means the state or the Union and therefore
court. 50,000. of a high court acting in judicial capacity.
issuance of mandamus cannot take place.
The Directive Principles of MIND-MAP
State Policy are enumerated in
Part IV of the Constitution
from Articles 36 to 51. Claims of SCs and STs to Services: The claims of the members of the Scheduled Castes and the
The framers of the Constitution Scheduled Tribes shall be taken into consideration, consistently with the maintenance of
borrowed this idea from the efficiency of administration, in the making of appointments to services and posts in connection
Irish Constitution of 1937, with the affairs of the Union or a State (Article 335 in Part XVI). The relationship of DPSP with respect to
which had copied it from the Development of the Hindi Language: It shall be the duty of the Union to promote the spread of Fundamental Rights has evolved over
Spanish Constitution. the Hindi language and to develop it so that it may serve as a medium of expression for all the period of time. In course of time the
Dr. B.R. Ambedkar described elements of the composite culture of India (Article 351 in Part XVII). importance of DPSP was realized in the
these principles as ‘novel Instruction in mother tongue: It shall be the endeavour of every state and every local authority governance and wellbeing of the country.
features’ of the Indian within the state to provide adequate facilities for instruction in the mothertongue at the primary In various cases like Re Kerala Education
Constitution. stage of education to children belonging to linguistic minority groups (Article 350-A in Part Bill 1958, the Supreme Court established
XVII). that the DPSP though can’t override
Fundamental Rights but the state should try
CLASSIFICATION OF DPSPS to adopt Principles Of Harmonious
Construction which states that there is no
SOCIALIST inherent conflict between DPSP and
PRINCIPLES Fundamental Rights and they both aim
DIRECTIVES developmental and comprehensive
INTRODUCTION
OUTSIDE PART IV democracy and well being society.
DPSP and Fundamental Rights are
To secure a social order for the promotion of supplementary and complementary to each
welfare of the people. other .
To strive to minimise inequalities of income Hence the Courts had the responsibility of
DIRECTIVE PRINCIPLES OF STATE

i.e. operation of the economic system does making judgements to interpret
not result in the concentration of wealth and
means of production to the common constitution in such a way that on the one
detriment; hand they harmonize social objectives and
on the other hand protect the Fundamental
POLICY (DPSP)
ownership and control of the material
resources of the community are so Rights of the individuals.
distributed as best to subserve the common
good;
Equal justice and free legal aid.
Equal pay for equal work.
Health & strength of workers, and the tender
age of children must not be abused.
Right to work, to education and to public
RELATIONSHIP WITH
assistance in certain cases. THE FUNDAMENTAL RIGHTS
Provision of just and humane conditions for NEW PROVISIONS OF
work and maternity relief. GANDHIAN
THE WESTERN DIRECTIVE PRINCIPLES
Participation of workers in the management PRINCIPLES
of the industries. LIBERAL AFTER AMENDMENT
Duty of the State to raise the level of PRINCIPLES
nutrition and the standard of living and to
improve public health. CRITICISM OF DIRECTIVE
PRINCIPLES OF STATE POLICY
Uniform Civil Code for the citizens.
Organization of Village Panchayats & to Provide free and compulsory education Added clause in Article 39: To secure opportunities
promote cottage industry. for children below 14 years. for healthy development of children
Promotion of educational and economic Separation of Judiciary from Executive.
interests of the SCs, the STs and the other Added clause in Article 39 as Article 39A: To promote
To promote international peace and equal justice and to provide free legal aid to the poor
weaker sections of the society. amity.
To bring about the prohibition of intoxicating Added clause in Article 43 as Article 43 A: To take It has no legal force
Protection of monuments and places It is illogically arranged
drinks and drugs that are injurious to health. and objects of national importance steps to secure the participation of workers in the
Organization of agriculture and animal management of industries It is conservative in nature
Protection and improvement of It may produce constitutional conflict between
husbandry on modern and scientific lines to environment and safeguarding of Added clause in Article 48 as Article 48A: To protect
prohibit the slaughter of cows, calves and and improve the environment and to safeguard centre and state
forests and wild life.
other milch and draught animals. forests and wildlife
Though the rights and duties of the citizens are correlative and inseparable, the MIND-MAP
original constitution contained only the fundamental rights and not the
fundamental duties. In other words, the framers of the Constitution did not feel it They have been described by the critics as a code of moral precepts due to their non-justiciable character.
necessary to incorporate the fundamental duties of the citizens in the Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties
Constitution. However, they incorporated the duties of the State in the included in the Constitution as fundamental would be performed by the people even though they were not
Constitution in the form of Directive Principles of State Polity. Later in 1976, the incorporated into the Constitution.
fundamental duties of citizens were added in the Constitution. In 2002, one more Some of the duties are vague, ambiguous and difficult to be understood by the common man.
Fundamental Duty was added. The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying
42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh
Constitution. 86th Amendment Act 2002 later added 11th Fundamental Duty to Committee.
the list. Swaran Singh Committee in 1976 recommended Fundamental Duties, the The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution
necessity of which was felt during the internal emergency of 1975-77. has reduced their value and significance. They should have been added after Part III so as to keep them
The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian on par with Fundamental Rights.
Constitution. Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were
included in the constitution. Those duties recommended by the committee which were not accepted
were:
Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to observe
11 FUNDAMENTAL any of the duties.
The punishments/penalties decided by the Parliament shall not be called in question in any court on the
DUTIES IN INDIA ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other
INTRODUCTION provision of the Constitution.
Duty to pay taxes.
1. To abide by the Constitution and respect
its ideals and institutions, the National
Flag and the National Anthem;
2. To cherish and follow the noble ideals
FUNDAMENTAL DUTIES
that inspired the national struggle for CRITICISM OF
freedom; FUNDAMENTAL DUTIES
3. To uphold and protect the sovereignty,
unity and integrity of India;
4. To defend the country and render
national service when called upon to do Many nations across the world have transformed
so; into developed economies by embodying the
5. To promote harmony and the spirit of principles of “Responsible Citizenship”
common brotherhood amongst all the Responsible Citizenship: All the responsibilities and
people of India transcending religious, duties that citizens of a nation should exercise and
linguistic and regional or sectional respect.The USA is a classic example in this respect.
diversities and to renounce practices IMPORTANCE OF The Citizens’ Almanac, issued by the US Citizenship
derogatory to the dignity of women; DUTIES and Immigration Services, details the
6. To value and preserve the rich heritage SWARAN SINGH responsibilities of its citizens.
of the country’s composite culture; FEATURES OF THE Another example is Singapore, whose growth story
7. To protect and improve the natural
COMMITTEE ON FUNDAMENTAL DUTIES has been fuelled by its emphasis on the relentless
environment including forests, lakes, FUNDAMENTAL DUTIES pursuit of duties by its citizens. As a result,
rivers and wildlife and to have Singapore has transformed from a less developed
compassion for living creatures; nation to a highly developed one in a short span of
8. To develop scientific temper, humanism time.
In 1976, the Congress Party set up the SardarSwaran Singh
and the spirit of inquiry and reform; Committee to make recommendations about fundamental duties,
9. To safeguard public property and to Some of them are moral duties while others are civic duties. For instance, cherishing noble
the need and necessity of which was felt during the operation of ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and
abjure violence; the internal emergency (1975-1977).
10. To strive towards excellence in all National Anthem is a civic duty.
The committee recommended the inclusion of a separate chapter They refer to such values which have been a part of the Indian tradition, mythology, religions
spheres of individual and collective on fundamental duties in the Constitution. It stressed that the
activity so that the nation constantly and practices. In other words, they essentially contain just a codification of tasks integral to the
citizens should become conscious that in addition to the Indian way of life.
rises to higher levels of endeavour and enjoyment of rights, they also have certain duties to perform as
achievement; and Unlike some of the Fundamental Rights which extend to all persons whether citizens or
well. foreigners , the Fundamental Duties are confined to citizens only and do not extend to
11. To provide opportunities for education to The Congress Government at Centre accepted these
his child or ward between the age of six foreigners.
recommendations and enacted the 42nd Constitutional Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution
and fourteen years (added by the 86th Amendment Act in 1976. This amendment added a new part,
Constitutional Amendment Act, 2002). does not provide for their direct enforcement by the courts. Moreover, there is not legal
namely, Part IVA to the Constitution. sanction against their violation. However, the Parliament is free to enforce them by suitable
legislation.
MIND-MAP
The Constitution of India provides for a parliamentary form of government, both at the Centre and in the states.
Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states.
In a parliamentary system, the head of the state may be a monarch or a president, but both of these positions are Unstable Government
ceremonial. The head of the government, who is generally called as the Prime Minister, is the real head. Thus, all the Government by Amateurs
real executive powers are vested in the Prime Minister. No Continuity of Policies
Dictatorship of the Cabinet
Against Separation of Powers
INTRODUCTION
PRESIDENTIAL AND
PARLIAMENTARY FORMS
DISADVANTAGES OF
PARLIAMENTARY SYSTEM
PARLIAMENTARY FORM
In the presidential system, the three organs of
government are independent of one another. There
is an absence of a close relationship between the
OF GOVERNMENT
executive and the legislature. The United States of
America has a presidential form of government.
But, in a parliamentary form of government, there
is a very close relationship between the executive
and the legislature. The United Kingdom has a
parliamentary form of government. In fact, the
Constitution makers of India adopted the British
model, as the system of government that operated
in India before 1947 was to a great extent quite ADVANTAGES OF
similar to the British parliamentary government. PARLIAMENTARY SYSTEM
In India, we have a parliamentary form of FEATURES OF
government both at the central and state level. PARLIAMENTARY SYSTEM
The Indian system reflects all the main features of
a parliamentary government:
The close relationship between the legislature and
the executive, Nominal and Real Head
Responsibility of the executive to the legislature, Majority Party Rule Harmony Between Legislature and Executive
The executive having a Head of the State as the Executive is a Part of Legislature
nominal executive, and a Council of Ministers Represents Diverse Group
Collective Responsibility
headed by the Prime Minister as the real executive. Prime Minister as the Centre of Power Prevents Authoritarianism
The parliamentary government is also called as the Political Homogeneity
Cabinet government due to concentration of A Parliamentary Opposition Responsible Government
executive powers in the cabinet. Articles 74 and 75 Bicameral Legislature
deals with the parliamentary system at the centre Prevents Despotism
Secrecy
and Article 163 and article 164 deals with the Double Membership Availability of Alternate Government
Parliamentary system at the states. Independent Civil Service
Dissolution of the Lower House
Indian President is the head of the state and he is also called the first citizen of MIND-MAP
India. When a bill is introduced in the Parliament, Parliament can
He is a part of Union Executive, provisions of which are dealt with Article 52-78 pass the bill and before the bill becomes an act, it has to be
including articles related to President (Article 52-62.) presented to the Indian President for his approval.
Under these articles, information on how a President is elected, his powers and It is on President of India to either reject the bill, return the
bill or withhold his assent to the bill. Legislative Powers
functions and also his impeachment process is given. Executive or Appointment powers
The choice of the President over the bill is called his veto
power. Judicial powers
Veto Power of the President of India is guided by Article 111 Financial powers
of the Indian Constitution. Diplomatic powers
QUALIFICATIONS FOR Military powers
ELECTION AS PRESIDENT Pardoning Powers (Pardon,
Commutation, Remission , Respite
and Reprieve)
POWERS OF THE PRESIDENT Emergency powers
No person shall be eligible for election as
President unless he –
Is a citizen of India;
Has completed the age of thirty-five years, and INTRODUCTION VETO POWER OF
Is qualified for election as a member of the THE PRESIDENT He cannot be a member of Lok Sabha and Rajya Sabha. If he
House of the People. has been a member of either of the house, he should vacate
A person shall not be eligible for election as the seat on his first day as President in the office
President if he holds any office of profit under the He should not hold any office of profit
Government of India or the Government of any For his residence, Rashtrapati Bhavan is provided to him
State or under any local or other authority subject without the payment of rent
THE OFFICE OF
to the control of any of the said Governments. Parliament decides his emoluments, allowances and
Explanation: For the purposes of this article, a privileges
person shall not be deemed to hold any office of Parliament cannot diminish his emoluments and allowances
profit by reason only that he is the President or during his term of office
Vice-President of the Union or the Governor of He is given immunity from any criminal proceedings, even in
PRESIDENT
any State or is a Minister either for the Union or respect of his personal acts
for any State. Arrest or imprisonment of President cannot take place. Only
civil proceedings can be initiated for his personal acts that
too after giving two months’ of prior notice.
The President is elected not
directly by the people but by ELECTION OF
members of electoral college THE PRESIDENT
consisting of:
The elected members of both PROCEDURE FOR
the Houses of Parliament; IMPEACHMENT OF CONDITIONS OF THE
The elected members of the THE PRESIDENT PRESIDENT’S OFFICE
legislative assemblies of the
states; and
The elected members of the WHO DOES NOT TAKE PART ELIGIBILITY FOR RE-
legislative assemblies of the IN THE PRESIDENT’S ELECTION
Union Territories of Delhi and When a President is to be impeached for violation of the Constitution, the charge shall
Puducherry. ELECTIONS? be preferred by either House of Parliament.
No such charge shall be preferred unless –
TERM OF PRESIDENT’S The proposal to prefer such charge is contained in a resolution which has been
The following group of people are moved after at least fourteen days’ notice in writing signed by not less than one-
not involved in electing the OFFICE fourth of the total number of members of the House has been given of their
President of India: intention to move the resolution, and
Nominated Members of Lok Such resolution has been passed by a majority of not less than two-thirds of the
Sabha (2) and Rajya Sabha (12) total membership of the House.
Nominated Members of State Once President is elected, he holds
office for five years. He sits in the A person who holds, or who When a charge has been so preferred by either House of Parliament, the other House
Legislative Assemblies shall investigate the charge or cause the charge to be investigated and the President
Members of Legislative Councils office even after the completion of has held, office as President
five years given no new election have shall, subject to the other shall have the right to appear and to be represented at such investigation.
(Both elected and nominated) in If as a result of the investigation a resolution is passed by a majority of not less than
bicameral legislatures taken place or no new President has provisions of this
been elected till then. He can also be Constitution be eligible for two-thirds of the total membership of the House by which the charge was investigated
Nominated Members of union or caused to be investigated, declaring that the charge preferred against the President
territories of Delhi and re-elected and there is no cap on his re-election to that office.
re-election. has been sustained, such resolution shall have the effect of removing the President
Puducherry from his office as from the date on which the resolution is so passed.
The Vice-President occupies the second highest office in the country. MIND-MAP
He is accorded a rank next to the President in the official warrant of
precedence. Rent free accommodation from Government
This office is modelled on the lines of the American Vice-President. Annual salary of Rs. 1,25,000 & pension of Rs. 7.5 Lakhs /
Article 63 of the Indian Constitution mentions the post of Vice- Annum
President. When acts as President, he gets all the allowances, powers,
immunities & salary of President
ELIGIBILITY TO BE A VICE
PRESIDENT OF INDIA
POWERS AND FUNCTIONS OF THE VICE PRESIDENT
An Indian Citizen who has completed 35 years of

age is qualified to become the Vice-President of He acts as the ex-officio Chairman of Rajya Sabha. In this
India given, he is also qualified to be a Rajya Sabha
member. However, he should not be a member of INTRODUCTION capacity, his powers and functions are similar to those of the
EMOLUMENTS Speaker of Lok Sabha. In this respect, he resembles the
either Lok Sabha or Rajya Sabha and if he is elected
as Vice President when he has a seat in either of the American vicepresident who also acts as the Chairman of the
house, he is deemed to have vacated that seat on his Senate–the Upper House of the American legislature.
first day in the office. He also is not allowed to hold He acts as President when a vacancy occurs in the office of the
any office of profit under union government, state President due to his resignation, impeachment, death or
government, public authority and local authority. otherwise. He can act as President only for a maximum period of
THE OFFICE OF VICE

The following people are also qualified to become six months within which a new President has to be elected.
the Vice President of India: Further, when the sitting President is unable to discharge his
Sitting President of India functions due to absence, illness or any other cause, the Vice-
Sitting Vice President of India President discharges his functions until the President resumes
Governor of State his office
PRESIDENT
MPs/MLAs
The Constitution lays down the following two conditions of the

There is no direct election for ELECTION OF Vice-President’s office:
the Vice-President of India He should not be a member of either House of Parliament or
THE VICE a House of the state legislature. If any such person is
however, he/she is indirectly
elected by an Electoral PRESIDENT elected Vice-President, he is deemed to have vacated his
College. seat in that House on the date on which he enters upon his
The difference between the office as Vice-President.
electoral college that elects TERM OF OFFICE OF VICE- He should not hold any other office of profit.
President and the one electing PRESIDENT OATH OR AFFIRMATION
Vice-President of India is BY THE VICE-PRESIDENT
given below:
In electoral college for Vice The Vice-President shall hold office for a term
President, both elected and of five years from the date on which he enters
nominated members of both upon his office: Provided that –
CONDITIONS OF OFFICE
the Houses of Parliament take A Vice-President may, by writing under his Every Vice-President shall,
part. hand addressed to the President, resign his before entering upon his office,
For Vice President’s elections, office; make and subscribe before the
states have no role to play a Vice-President may be removed from his President, or some person IS VICE PRESIDENT ALSO IMPEACHED AS
unlike in President’s elections office by a resolution of the Council of States appointed in that behalf by him, PRESIDENT OF INDIA?
where state legislative passed by a majority of all the then members an oath or affirmation in the
assemblies’ elected members of the Council and agreed to by the House of following form, that is to say –
are a part of the electoral the People; but no resolution for the purpose “I, A.B., do swear in the name of
college. of this clause shall be moved unless at least God /solemnly affirm that I will
The principle of election used fourteen days’ notice has been given of the bear true faith and allegiance to No, unlike President of India who can be impeached formally; there is no formal
in Vice President’s elections is intention to move the resolution; the Constitution of India as by impeachment for Vice President. Rajya Sabha simply can pass a resolution with a
‘Proportional Representation’ A Vice-President shall, notwithstanding the law established and that I will majority and Lok Sabha can pass it. Also, unlike President of India who can be
by means of a single expiration of his term, continue to hold office discharge the duty upon which impeached on the ground of ‘Violation of Constitution,’ there is no ground mentioned in
transferable vote. (It is similar until his successor enters upon his office. I am about to enter.” the constitution for the removal of Vice President of India.
to that of President’s.) Supreme Court decides election disputes related to the office of Vice President
In the scheme of parliamentary system of government provided by the constitution, the
MIND-MAP
President is the nominal executive authority (de jure executive) and Prime Minister is the real
executive authority (de facto executive). In other words, president is the head of the State
while Prime Minister is the head of the government. Cabinet Ministers
Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by Minister of State
the President. There is no specific procedure for his election or appointment. Article 74(1) Deputy Minister
states that there shall be a Council of Ministers with a Prime Minister at the head to aid and
advise the President. Thus, the Indian Constitution itself recognizes a Council of Ministers.
The principle of collective responsibility finds a
place in Art. 75(3) where it is stated that the
Council of Ministers shall be collectively
APPOINTMENT OF THE PRIME COLLECTIVE responsible to the Lok Sabha. In other words,
MINISTER RESPONSIBILITY this provision means that a Ministry which loses
OF THE COUNCIL confidence in the Lok Sabha is obliged to resign.
TYPES OF OF MINISTERS The loss of confidence is expressed by rejecting
MINISTERS a Money Bill or Finance Bill or any other
The Constitution does not contain any specific INTRODUCTION important policy measure or by passing a
procedure for the selection and appointment of motion of no-confidence or rejecting a motion
the Prime Minister. Article 75 says only that the expressing confidence in the Ministry.
Prime Minister shall be appointed by the When a Ministry loses the confidence of the Lok
president. However, this does not imply that the Sabha the whole of the Ministry has to resign
president is free to appoint any one as the Prime COUNCIL OF including those Ministers who are from the
Minister. MINISTERS Rajya Sabha.
THE OFFICE OF PM AND

In accordance with the conventions of the
parliamentary system of government, the
President has to appoint the leader of the
majority party in the Lok Sabha as the Prime
As the Constitution of India provides for a parliamentary system
COUNCIL OF MINISTERS
Minister. But, when no party has a clear majority
in the Lok Sabha, then the President may of government modelled on the British pattern, the council of
exercise his personal discretion in the selection ministers headed by the prime minister is the real executive
and appointment of the Prime Minister. authority is our politico-administrative system.
In such a situation, the President usually The principles of parliamentary system of government are not
appoints the leader of the largest party or detailed in the Constitution, but two Articles (74 and 75) deal
coalition in the Lok Sabha as the Prime Minister with them in a broad, sketchy and general manner.
and asks him to seek a vote of confidence in the Article 74 deals with the status of the council of ministers while
House within a month. Article 75 deals with the appointment, tenure, responsibility,
qualification, oath and salaries and allowances of the ministers.
ELIGIBILITY TO
OATH
BE A PRIME TERM OF OFFICE
MINISTER POWER AND FUNCTION OF PRIME MINISTER
Before the Prime Minister enters upon his office, The leader of Country: The Prime Minister of India is the Head of the Government of
the president administers to him the oaths of The term of the Prime Minister India.
To become an Indian prime office and secrecy. In his oath of office, the Prime Portfolio allocation: The Prime Minister has the authority to assign portfolios to the
minister one has to be is not fixed and he holds office
Minister swears: during the pleasure of the Ministers.
A citizen of India. To bear true faith and allegiance to the Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and
A member of either Rajya president. However, this does
Constitution of India, not mean that the president can presides the meetings of the Cabinet. He can impose his decision if there is a crucial
Sabha or Lok Sabha To uphold the sovereignty and integrity of opinion difference among the members.
He should have completed his dismiss the Prime Minister at
India, any time. Official Representative of the country: Prime minister represents the country for high-
30 years if he is a member of To faithfully and conscientiously discharge level international meetings
the Rajya Sabha or can be 25 So long as the Prime Minister
the duties of his enjoys the majority support in The link between the President and the Cabinet: The Prime Minister acts as the link
years of age if he is a member Office, and between President and cabinet. He communicates all decisions of the Cabinet to the
of the Lok Sabha the Lok Sabha, he cannot be
To do right to all manner of people in dismissed by the President. President which is related to the administration of the affairs of the Union and
accordance with the However, if he loses the proposals for legislation.
Constitution and the law, without fear or confidence of the Lok Sabha, he Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog,
favour, affection or ill will. must resign or the President Appointments Committee of the Cabinet, Department of Atomic Energy, Department of
can dismiss him. Space and Ministry of Personnel, Public Grievances and Pensions.
Chief Advisor: He acts as the chief advisor to the President
MIND-MAP
The Parliament is the legislative organ of the Union government. It occupies a pre-eminent
and central position in the Indian democratic political system due to adoption of the
parliamentary form of government, also known as ‘Westminster’ model of government.
Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition,
duration, officers, procedures, privileges, powers and so on of the Parliament.
COMPOSITION OF THE HOUSE OF

THE PEOPLE (LOK SABHA)
ORGANISATION OF
PARLIAMENT INTRODUCTION
Subject to the provisions of article 331, the House

Under the Constitution, the Parliament of India of the People shall consists of –
consists of three parts viz, the President, the not more than five hundred and thirty
Council of States and the House of the People. members chosen by direct election from
In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok territorial constituencies in the States, and
PARLIAMENT PART 1-
Sabha’ were adopted by the Council of States not more than twenty members to represent
and the House of People respectively. the Union territories, chosen in such manner
The Rajya Sabha is the Upper House (Second
Chamber or House of Elders) and the Lok Sabha as Parliament may by law provide.
For the purposes of sub-clause (a) of clause (1), –
ORGANIZATION AND
is the Lower House (First Chamber or Popular
House). The former represents the states and there shall be allotted to each State a number
union territories of the Indian Union, while the of seats in the House of the People in such
latter represents the people of India as a whole. manner that the ration between that number
COMPOSITION OF TWO HOUSES

Though the President of India is not a member of and the population of the State is, so far as
either House of Parliament and does not sit in the practicable, the same for all States; and
Parliament to attend its meetings, he is an each State shall be divided into territorial
integral part of the Parliament. This is because a constituencies in such manner that the ratio
bill passed by both the Houses of Parliament between the population of each constituency
cannot become law without the President’s and the number of seats allotted to it is, so far
assent. He also performs certain functions as practicable, the same throughout the State:
relating to the proceedings of the Parliament, for Provided that the provisions of sub-clause (a)
example, he summons and pro-rogues both the of this clause shall not be applicable for the
Houses, dissolves the Lok Sabha, addresses both purpose of allotment of seats in the House of
the Houses, issues ordinances when they are not the People to any State so long as the
in session, and so on. COMPOSITION OF THE population of that State does not exceed six
COUNCIL OF STATES millions.
(RAJYA SABHA) In this article, the expression “population” means
the population as ascertained at the last
preceding census of which the relevant figures
have been published:
The Council of States shall consists of – Provided that the reference in this clause to
twelve members to be nominated by the President in accordance with the provisions of clause (3); and the last preceding census of which the
not more than two hundred and thirty-eight representatives of the States and of the Union territories. relevant figures have been published shall,
The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories until the relevant figures for the first census
shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. taken after the year 2000 have been
The members to be nominated by the President under sub-clause (a) and clause (1) shall consists of persons having published, be construed as a reference to the
special knowledge or practical experience in respect of such matters as the following, namely: – Literature, science, art 1971 census.
and social service.
The representatives of each State in the Council of States shall be elected members of the Legislative Assembly of the
State in accordance with the system of proportional representation by means of the single transferable vote.
The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by
law prescribe.
The members of Parliament (MPs) MIND-MAP
are elected/appointed from states, Though the Constitution has adopted the system of proportional representation in the case of
union territories or are appointed Rajya Sabha, it has not preferred the same system in the case of Lok Sabha. Instead, it has
from a field of particular expertise. adopted the system of territorial representation (First-past-the-post system) for the election of Though the Constitution has abandoned the system
The elections to Lok Sabha occur members to the Lok Sabha. of communal representation, it provides for the
Under territorial representation, every member of the legislature represents a geographical area reservation of seats for scheduled castes and
every 5 years in the name of general known as a constituency. From each constituency, only one representative is elected. Hence such
elections. a constituency is known as single-member constituency. In this system, a candidate who secures
scheduled tribes in the Lok Sabha on the basis of
The Indian Constitution has majority of votes is declared elected. This simple majority system of representation does not population ratios.
adopted universal adult franchise as represent the whole electorate. In other words, it does not secure due representation to Originally, this reservation was to operate for ten
a basis of elections to the Lok Sabha LOK SABHA minorities (small groups). years (ie, up to 1960), but it has been extended
and the state legislative assemblies. The system of proportional representation aims at removing the defects of territorial continuously since then by 10 years each time. Now,
ELECTIONS representation. Under this system, all sections of the people get representation in proportion to under the 95th Amendment Act of 2009, this
their number. Even the smallest section of the population gets its due share of representation in reservation is to last until 2020.
the legislature. Though seats are reserved for scheduled castes and
There are two kinds of proportional representation, namely, single transferable vote system and
REPRESENTATION OF STATES list system. In India, the first kind is adopted for the election of members to the Rajya Sabha and
scheduled tribes, they are elected by all the voters in
IN LOK SABHA state legislative council and for electing the President and the Vice-President. a constituency, without any separate electorate. A
member of scheduled castes and scheduled tribes is
also not debarred from contesting a general (non-
reserved) seat.
The 84th Amendment Act of 2001 provided for
Members are directly elected by the people from FIRST-PAST-THE-POST SYSTEM refixing of the reserved seats on the basis of the
the territorial constituencies in the states population figures of 1991 census as applied to
Election Principle used – Universal Adult rationalisation of the general seats. Later, the 87th
Franchise Amendment Act of 2003 provided for the refixing of
PARLIAMENT PART 2- SYSTEM

Eligibility to Vote: Any Indian Citizen of/above 18 the reserved seats on the basis of 2001 census and
years of age not 1991 census.
Voting age was reduced from 21 to 18 years by
the 61st Constitutional Amendment Act, 1988.
OF ELECTIONS TO LOK SABHA

RESERVATION OF SEATS FOR SCS
REPRESENTATION OF UNION
AND STS
TERRITORIES IN LOK SABHA
Parliament is empowered to choose the LOK SABHA CONSTITUENCIES

members from the UTs in any manner as it
desires
Election Principle used – Direct Election LOK SABHA SPEAKER
Union Territories (Direct Election to the House of FACTS ABOUT LOK SABHA
the People) Act, 1965, has been enacted by For the purpose of holding direct elections to the Lok Sabha,
which the members of Lok Sabha from the union ELECTIONS
each state is divided into territorial constituencies. There are 543
territories are chosen by direct election. constituencies in India that take part in Lok Sabha elections.
In this respect, the Constitution makes the following two
REPRESENTATION OF provisions:
President nominates 2 members from The speaker of Lok Sabha is a member who Each state is allotted a number of seats in the Lok Sabha in
NOMINATED MEMBERS IN elected from amongst the members of the
Anglo-Indian Community if they are not LOK SABHA such a manner that the ratio between that number and its
adequately represented. house. He chairs the house and no
proceedings in the house take place in his population is the same for all states. This provision does not
The provision to nominate Anglo-Indians apply to a state having a population of less than six millions.
was extended till 2020 by 95th absence.
1st Lok Sabha Speaker – Ganesh Vasudev Each state is divided into territorial constituencies in such a
Amendment Act, 2009. manner that the ratio between the population of each
Mavalankar (1952-1956) (died in the office)
Ananthasayanam Ayyanagar was elected as constituency and the number of seats allotted to it is the
Lok Sabha Speaker in 1956 who worked till same throughout the state.
1st Lok Sabha Election took place in 1952. There were 489 seats elected. Congress won 364 In brief, the Constitution ensures that there is uniformity of
out of 489 seats. Jawaharlal Nehru became the first Prime Minister. 1957
In 1952, only 22 women were elected while in 2014, 49 women candidates were elected. After 16th Lok Sabha elections, Ms Sumitra representation in two respects:
2019 Lok Sabha elections were country’s 17th General Elections. Elections took place for Mahajan was elected as the Lok Sabha between the different states, and
552 seats. BJP won 303 seats out of 552. Narendra Modi is the Prime Minister. speaker between the different constituencies in the same state.
Elections to Lok Sabha are carried out using a first-past-the-post electoral system. Following 17th Lok Sabha elections (2019 The expression ‘population’ means the population as
General Elections), Om Birla is the speaker ascertained at the preceding census of which the relevant
of Lok Sabha. figures have been published.
The Rajya Sabha (first constituted in 1952) is a continuing chamber, that is, it is a MIND-MAP
permanent body and not subject to dissolution. However, one-third of its members retire Freedom of speech
every second year. Their seats are filled up by fresh elections and presidential Cannot be arrested & put in prison for any civil action to each MP which
nominations at the beginning of every third year. The retiring within a period of “40 days before & after the means no action
members are eligible for re-election and renomination any number of times. The commencement & termination of a session of the house” shall be taken on Every member of either House of
Constitution has not fixed the term of office of members of the Rajya Sabha and left it to Immunity does not extend to arrest in criminal any words or speech
proceedings or contempt of court or preventive Parliament, before taking his seat in
the Parliament. Accordingly, the Parliament in the Representation of the People Act spoken by him the House, has to make and subscribe
(1951) provided that the term of office of a member of the Rajya Sabha shall be six years. detention during the
Right to refuse to give evidence & appear as a witness in to an oath or affirmation before the
The act also empowered the president of India to curtail the term of members chosen in proceedings of the President or some person appointed
the first Rajya Sabha. In the first batch, it was decided by lottery as to who should retire. a case pending in court of law when parliament is in house
session No action for any
by him for this purpose. In his oath or
Further, the act also authorised the President to make provisions to govern the order of affirmation, a member of Parliament
retirement of the members of the Rajya Sabha. public speech
Absolute immunity swears:
from any action & to bear true faith and allegiance to
for anything stated the Constitution of India;
within the house to uphold the sovereignty and
DURATION OF LOK SABHA FREEDOM FROM ARREST Protected from any integrity of India; and
disclosure that one to faithfully discharge the duty upon
makes in parliament which he is about to enter.
Unlike the Rajya Sabha, the Lok Sabha is not a DURATION OF Unless a member takes the oath, he
continuing chamber. Its normal term is five years RAJYA SABHA cannot vote and participate in the
from the date of its first meeting after the proceedings of the House and does
general elections, after which it automatically PRIVILEGES & IMMUNITIES OF PARLIAMENT not become eligible to parliamentary
dissolves. However, the President is authorised to privileges and immunities.
dissolve the Lok Sabha at any time even before A person is liable to a penalty of INR
PARLIAMENT PART 3-
the completion of five years and this cannot be 500 for each day he sits or votes as a
challenged in a court of law. member in a House in the following
Further, the term of the Lok Sabha can be conditions:
Before taking and subscribing to the
DURATION OF TWO HOUSES AND

extended during the period of national
emergency be a law of Parliament for one year at prescribed oath or affirmation; or
a time for any length of time. However, this When he knows that he is not
extension cannot continue beyond a period of six qualified or that he is disqualified for
MEMBERSHIP OF PARLIAMENT
months after the emergency has ceased to its membership; or
operate. When he knows that he is prohibited
from sitting or voting in the House by
virtue of any parliamentary law.
MEMBERSHIP OF PARLIAMENT:
QUALIFICATIONS
OATH OR AFFIRMATION
Rajya Sabha Qualifications
Must be citizen of India & have attained 30 years of age DOUBLE MEMBERSHIP
Must be a registered voter in parliamentary constituency in any of
the state VACATING OF SEAT
Subscribe before election commission an oath, as prescribed by
3rd schedule
Lok Sabha Qualifications DISQUALIFICATIONS A person cannot be a member of both Houses of Parliament at
Must be a citizen of India & must have attained age of 25 years the same time. Thus, the Representation of People Act (1951)
Must be a registered voter in parliamentary constituency of India provides for the following:
Must subscribe by an oath administered by Election commission
as mentioned in 3rd schedule If a person is elected to both the Houses of Parliament, he
Absence: A House can declare the seat of a member vacant if he is absent from all must intimate within 10 days in which House he desires to
its meetings for a period of sixty days without its permission. In computing the serve. In default of such intimation, his seat in the Rajya
Under the Constitution, a person shall be disqualified for period of sixty days, no account shall be taken of any period during which the Sabha becomes vacant.
being elected as a member of Parliament:
if he holds any office of profit under the Union or state
House is prorogued or adjourned for more than four consecutive days. If a sitting member of one House is also elected to the other
Resignation (RS & LS): May submit resignation to the speaker of Lok Sabha / House, his seat in the first House becomes vacant.
government (except that of a minister or any other office Chairman of Rajya Sabha respectively. Disqualified if absent for 60 days without
exempted by Parliament). If a person is elected to two seats in a House, he should
the permission of the house. Penalty of Rs. 500 / Day as a debt to Union for sitting exercise his option for one. Otherwise, both seats become
if he is of unsound mind and stands so declared by a court. & voting when a person is not qualified or has been disqualified or not affirmed by
if he is an undischarged insolvent. oath vacant.
if he is not a citizen of India or has voluntarily acquired the Disqualification: If a member of Parliament becomes subject to any of the Similarly, a person cannot be a member of both the Parliament
citizenship of a foreign state or is under any disqualifications specified in the Constitution, his seat becomes vacant. Here, the and the state legislature at the same time. If a person is so
acknowledgement of allegiance to a foreign state; and list of disqualifications also include the disqualification on the grounds of elected, his seat in parliament becomes vacant if he does not
if he is so disqualified under any law made by Parliament. defection under the provisions of the Tenth Schedule of the Constitution. resign his seat in the state legislature within 14 days.
Each House of Parliament has its own presiding officer. MIND-MAP
There is a Speaker and a Deputy Speaker for the Lok
Sabha and a Chairman and a Deputy Chairman for the Though the offices of the leader of the House and the leader
Rajya Sabha. of the Opposition are not mentioned in the Constitution of The LOP is leader of the largest party that has not less than one-tenth of the total
A panel of chairpersons for the Lok Sabha and a panel PRESIDING India, they are mentioned in the Rules of the House and strength of the house.
of vice-chairpersons for the Rajya Sabha is also OFFICERS OF Parliamentary Statute respectively. The office of ‘whip’, on It is a statutory post defined in the Salaries and Allowances of Leaders of Opposition in
appointed. PARLIAMENT the other hand, is mentioned neither in the Constitution of Parliament Act, 1977.
India nor in the Rules of the House nor in a Parliamentary The Act says that LoP is the Leader in that House of the party in opposition to the
Statute. It is based on the conventions of the parliamentary Government having the greatest numerical strength and recognised as such by the
government. Every political party, whether ruling or Chairman/Speaker of the House.
SPEAKER OF THE LOK SABHA Opposition has its own whip in the Parliament. He is In Lok Sabha, total strength is 545 members so any party that has 55 members can get
appointed by the political party to serve as an assistant floor the post as recognised as such by the speaker/chairman.
leader. He is charged with the responsibility of ensuring the
attendance of his party members in large numbers and
The Lok Sabha, which is the highest legislative body in securing their support in favour of or against a particular Under the Rules of Lok Sabha, the ‘Leader of the
the country, chooses its Speaker who presides over the issue. He regulates and monitors their behaviour in the House’ means the prime minister, if he is a
Parliament. The members are supposed to follow the member of the Lok Sabha, or a minister who is a
day to day functioning of the House. member of the Lok Sabha and is nominated by
Electing the Speaker of the House is one of the first acts directives given by the whip. Otherwise, disciplinary action
can be taken. the prime minister to function as the Leader of
of newly constituted House. LEADER OF the House.
The office of the Speaker is a Constitutional Office. The There is also a ‘Leader of the House’ in the Rajya
Speaker is guided by the constitutional provisions and OPPOSITION Sabha. He is a minister and a member of the
the Rules of Procedure and Conduct of Business in Lok Rajya Sabha and is nominated by the prime
Sabha. WHIP minister to function as such.
The Speaker is placed very high in the Warrant of The leader of the house in either House is an
Precedence in the country i.e. at rank 6. important functionary and exercises direct
LEADER OF
PARLIAMENT PART 4-
Adequate Powers are vested in the office of the Speaker influence on the conduct of business. He can also
to help her/him in the smooth conduct of parliamentary THE HOUSE nominate a deputy leader of the House.
proceedings. The same functionary in USA is known as the
The constitution provides that the Speaker’s salary and ‘majority leader’.
PRESIDING OFFICERS AND

allowances are not to be voted by the Parliament and are
to be charged on the Consolidated Fund of India.
In the Lok Sabha chamber, the Speaker’s chair is
distinctively placed to enable a commanding view of the
LEADERS IN PARLIAMENT
entire House.
The Speaker is assisted by the Secretary-General of the
Lok Sabha and senior officers of the Secretariat on
parliamentary activities, practice and procedure.
In the absence of the Speaker, the Deputy Speaker
discharges the functions. A member from the Panel of
Chairmen presides over the House in the absence of both
the Speaker and the Deputy Speaker. DEPUTY SPEAKER OF LOK SECRETARIAT OF PARLIAMENT
SABHA
CHAIRMAN AND DEPUTY
Like the Speaker, the Deputy Speaker is also elected by the Lok
Sabha itself from amongst its members. He is elected after the CHAIRMAN OF RAJYA SABHA
election of the Speaker has taken place. The date of election of
the Deputy Speaker is fixed by the Speaker. Whenever the SPEAKER PRO TEM
office of the Deputy Speaker falls vacant, the Lok Sabha elects While presiding officers of the Lok Sabha are called the Speaker and the Deputy Speaker, their opposite
another member to fill the vacancy. officers in the Rajya Sabha are called the Chairman and the Deputy Chairman respectively.
Like the Speaker, the Deputy Speaker remains in office usually The Vice-President of India is the ex-officio Chairman of Rajya Sabha.
during the life of the Lok Sabha. However, he may vacate his As the presiding officer of the Rajya Sabha his functions and powers are the same as those of the Speaker. He is
office earlier in any of the following three cases: however not a member of the House.
if he ceases to be a member of the Lok Sabha;
if he resigns by writing to the Speaker; and After each general election In the absence of the Chairman, the Council is presided over by the Deputy Chairman. He is a member of the
if he is removed by a resolution passed by a majority of all the President nominates House and is elected by the members of the House. When he ceases to be a member of the Council, he
the then members of the Lok Sabha. Such a resolution can the senior most member automatically vacates the office of the Deputy Chairman. He can resign his office by writing to the chairman. He
be moved only after giving 14 days’ advance notice. elected as Speaker Pro may be removed from his office by a resolution passed by a majority of all the then member of the Council.
The Deputy Speaker performs the duties of the Speaker’s office Tem. He performs the The Deputy Chairman is empowered to discharge all the functions and to perform all duties of the office of the
when it is vacant. He also acts as the Speaker when the latter is duties of office of the
Speaker till the house ‘Chairman, whenever Chairman’s office is vacant or when the Vice-President is acting for the President. As a
absent from the sitting of the House. In both the cases, he presiding officer of the Council he is also given a regular salary and other allowances such as Parliament by law
assumes all the powers of the Speaker. He also presides over elects one. Usually the only
the joint sitting of both the Houses of Parliament, in case the duty performed by the has fixed.
Speaker is absent from such a sitting. It should be noted here Speaker Pro Tem is to Rajya Sabha also has a panel of member called Vice-Chairman nominated by the chairman for the purpose of
that the Deputy Speaker is not subordinate to the Speaker. He is administer oath to the presiding over the House in the absence of both the Chairman and the Deputy Chairman.
directly responsible to the house. newly elected members. The Secretariat of the Rajya Sabha is headed by a Secretary who discharges the same functions as his
counterpart in the Lok Sabha.
MIND-MAP
A session of the Indian Parliament is the period during
which a House meets almost every day uninterruptedly
to manage the business. There are typically three
sessions in a year. A session contains many meetings.
The process of calling all members of the Parliament to The Constitution has declared Hindi and
meet is called Summoning of Parliament. It is the It refers to the last session of the existing Lok English to be the languages for transacting
President who summons Parliament. The period spanning Sabha, after a new Lok Sabha has been elected. business in the Parliament. However, the
between the prorogation of a House and its reassembly Those members of the existing Lok Sabha who presiding officer can permit a member to
in a new session is called ‘recess’. could not get re-elected to the new Lok Sabha address the House in his mother-tongue. In
In general, the sessions are as follows: are called lame-ducks.
Budget session (February to May) both the Houses, arrangements are made for
Monsoon session (July to September) simultaneous translation. Though English was
Winter session (November to December) to be discontinued as a floor language after
the expiration of fifteen years from the
commencement of the Constitution (that is,
LAME-DUCK in 1965), the Official Languages Act (1963)
SESSIONS OF PARLIAMENT allowed English to be continued along with
SESSION Hindi.
LANGUAGE IN
ADJOURNMENT PARLIAMENT
PARLIAMENT PART 5-
A session of Parliament consists of many meetings. Each Quorum is the minimum number of
meeting of a day consists of two sittings, that is, a members required to be present in the
morning sitting from 11 am to 1 pm and post-lunch sitting House before it can transact any
SESSIONS OF PARLIAMENT
from 2 pm to 6 pm. A sitting of Parliament can be
terminated by adjournment or adjournment sine die or QUORUM business. It is one tenth of the total
prorogation or dissolution (in the case of the Lok Sabha). number of members in each House
An adjournment suspends the work in a sitting for a including the presiding officer. It means
specified time, which may be hours, days or weeks. that there must be at least 55 members
present in the Lok Sabha and 25
members present in the Rajya Sabha, if
any business is to be conducted. If there
Adjournment sine die means terminating a sitting is no quorum during a meeting of the
of Parliament for an indefinite period. In other
words, when the House is adjourned without House, it is the duty of the presiding
naming a day for reassembly, it is called officer either to adjourn the House or to
ADJOURNMENT SINE DIE suspend the meeting until there is a
adjournment sine die. The power of adjournment
as well as adjournment sine die lies with the DISSOLUTION quorum.
presiding officer of the House. He can also call a
sitting of the House before the date or time to
which it has been adjourned or at any time after
the House has been adjourned sine die.
PROROGATION The Lok Sabha is dissolved at the end of its five-year term (automatic dissolution) or by a
Presidential order.
The presiding officer (Speaker or The Rajya Sabha is not dissolved. Its members have a fixed term of 6 years, with a third of its
Chairman) declares the House members up for elections every two years.
adjourned sine die, when the When does the President give the order for Lok Sabha’s dissolution?
business of a session is completed. If authorised by the Council of Ministers, he can give the order even before the end of the five-year
Within the next few days, the term.
President issues a notification for He can also dissolve if the Council of Ministers lose confidence and no party is able to prove majority.
prorogation of the session. However, When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions,
the President can also prorogue the etc. pending before it or its committees lapse.
House while in session. The last session before the Lok Sabha is dissolved is called a Lame Duck session.
Only the President can dissolve the House.
The first hour of every parliamentary sitting A member can raise a point of order when MIND-MAP
is slotted for this. During this time, the It is also known as two-hour discussion as the time allo-tted It is meant for the proceedings of the House do not follow
members ask questions and the ministers for such a discussion should not exceed two hours. The discussing a matter of the normal rules of procedure. A point of
members of the Parliament can raise such discussions on a sufficient public order should relate to the interpretation or
usually give answers. The questions are of importance, which has
three kinds, namely, starred, unstarred and matter of urgent public importance. The Speaker can allot enforcement of the Rules of the House or It is a motion for the adjournment of
two days in a week for such discussions. There is neither a been subjected to a lot such articles of the Constitution that
short notice. of debate and the the debate on a bill / motion /
formal motion before the house nor voting. This device has regulate the business of the House and resolution etc. or a motion to retard
A starred question (distinguished by an been in existence since 1953. answer to which needs should raise a question that is within the or delay the progress of a business
asterisk) requires an oral answer and hence elucidation on a matter cognizance of the Speaker. It is usually
of fact. The Speaker can under consideration of the House. It
supplementary questions can follow. raised by an opposition member in order to can be moved by a member at any
An unstarred question, on the other hand, allot three days in a week control the government. It is an
for such discussions. time after a motion has been made.
requires a written answer and hence, extraordinary device as it suspends the The debate on a dilatory motion
There is no formal proceedings before the House. No debate is
supplementary questions cannot follow. motion or voting before must be restricted to the matter
QUESTION A matter which is not a point of order or which allowed on a point of order. contained in such motion. If the
A short notice question is one that is asked the House.
cannot be raised during question hour, half-an hour Speaker is of the opinion that such a
by giving a notice of less than ten days. It is HOUR discussion, short duration discussion or under motion is an abuse of the rules of
answered orally. adjournment motion, calling attention notice or POINT OF the House, he may either forthwith
under any rule of the House can be raised under the ORDER put the question thereon or decline
special mention in the Rajya Sabha. Its equivalent to propose the question.
procedural device in the Lok Sabha is known as HALF-AN-HOUR
ZERO HOUR 'Notice (Mention) Under Rule 377'. DISCUSSION
DILATORY it is a motion that has been admitted by the
Speaker but no date has been fixed for its
SHORT MOTION discussion. The Speaker, after considering the
SPECIAL DURATION state of business in the House and in
Unlike the question hour, the zero hour is not mentioned in the MENTION consultation with the leader of the House or on
Rules of Procedure. Thus it is an informal device available to the DISCUSSION the recommendation of the Business Advisory
members of the Parliament to raise matters without any prior Committee, allots a day or days or part of a day
notice.
NO-DAY-YET- for the discussion of such a motion.
The zero hour starts immediately after the question hour and NAMED
PARLIAMENT PART 6- DEVICES

lasts until the agenda for the day (ie, regular business of the MOTION
House) is taken up. In other words, the time gap between the The first session after each general election and the
question hour and the agenda is known as zero hour. first session of every fiscal year is addressed by the
It is an Indian innovation in the field of parliamentary president. In this address, the president outlines the
policies and programmes of the government in the
OF PARLIAMENTARY
procedures and has been in existence since 1962.
preceding year and ensuing year. This address of the
president, which corresponds to the 'speech from the
Throne in Britain', is discussed in both the Houses of
Parliament on a motion called the 'Motion of Thanks'.
MOTIONS
PROCEEDINGS
At the end of the discussion, the motion is put to
vote. This motion must be passed in the House.
MOTION OF Otherwise, it amounts to the defeat of the
No discussion on a government. This inaugural speech of the president is
THANKS an occasion available to the members of Parliament
matter of general to raise discussions and debates to examine and
public importance can CLOSURE MOTION CALLING ADJOURNMENT criticise the government and administration for its
take place except on a lapses and failures.
motion made with the PRIVILEGE ATTENTION MOTION
consent of the MOTION
presiding officer. The It is a motion MOTION It is introduced in the Parliament to draw attention of Article 75 of the Constitution says that the council of ministers
House expresses its moved by a the House to a definite matter of urgent public shall be collectively responsible to the Lok Sabha. It means that
member to cut importance, and needs the support of 50 members to the ministry stays in office so long as it enjoys confidence of the
decisions or opinions It is introduced in the majority of the members of the Lok Sabha. In other words, the
on various issues short the debate be admitted. As it interrupts the normal business of the
Parliament by a House, it is regarded as an extraordinary device. It Lok Sabha can remove the ministry from office by passing a
through the adoption on a matter before It is concerned with noconfidence motion. The motion needs the support of 50
the House. If the the breach of member to call the involves an element of censure against the
or rejection of motions attention of a minister government and hence Rajya Sabha is not permitted to members to be admitted.
moved by either motion is approved parliamentary make use of this device. The discussion on an
by the House, privileges by a minister. to a matter of urgent
ministers or private public importance, and adjournment motion should last for not less than two
members. debate is stopped It is moved by a hours and thirty minutes.
forthwith and the member when he feels to seek an The right to move a motion for an adjournment of the
The motions moved by authoritative
the members to raise matter is put to that a minister has business of the House is subject to the following
statement from him on restrictions: NO-
discussions on various vote. There are four committed a breach of
that matter. Like the It should raise a matter which is definite, factual,
CONFIDENCE
matters fall into three kinds of closure privilege of the House
zero hour, it is also an urgent and of public importance; MOTION CONFIDENCE
principal categories: motions : or one or more of its It should not cover more than one matter; MOTION
Simple Closure members by Indian innovation in
Substantive Motion the parliamentary It should be restricted to a specific matter of
Substitute Motion Closure by withholding facts of a recent occurrence and should not be framed in
Compartments case or by giving procedure and has general terms;
Original motion: been in existence since The motion of confidence has come up as a new procedural device to cope
Ancillary Motion, Kangaroo wrong or distorted It should not raise a question of privilege; with the emerging situations of fractured mandates resulting in hung
Closure facts. Its purpose is to 1954. However, unlike It should not revive discussion on a matter that has parliament, minority governments and coalition governments. The
Superseding the zero hour, it is been discussed in the same session;
Motion and Guillotine censure the concerned governments formed with wafer-thin majority have been called upon by the
mentioned in the Rules It should not deal with any matter that is under President to prove their majority on the floor of the House. The government of
Amendment Closure minister. adjudication by court; and
of Procedure. the day, sometimes, on its own, seeks to prove its majority by moving a
It should not raise any question that can be raised motion of confidence and winning the confidence of the House. If the
on a distinct motion. confidence motion is negatived, it results in the fall of the government
The legislative procedure is identical MIND-MAP
There are two exceptions when a joint sitting The joint sitting is called by
in both the Houses of Parliament. cannot be summoned. They are for the Article 108 of the Indian
Every bill has to pass through the the President.
following bills: Constitution Amendment Bill Constitution provides for a joint The Speaker presides over a The Constitution of India provides for
same stages in each House. A bill is a and Money Bill (Article 110) sitting of both Houses of a joint session of the Parliament. It is defined as bill that solely deals
joint sitting. In the absence of
proposal for legislation and it Even of the Rajya Sabha does not pass the Parliament. Accordingly, a joint the Speaker, the Deputy India has a bicameral Parliament. To with provisions involving expenditure
becomes an act or law when duly money bill within 14 days, the bill is session can be summoned when: Speaker of the Lok Sabha pass any bill, both the Houses (the Lok from Consolidated Fund of India and
enacted. considered passed by both Houses after the If after a bill is passed by one presides over it, and in his Sabha and the Rajya Sabha) must does not include any matter of money
Bills introduced in the Parliament are period of 14 days is over. House and transmitted to the absence, the sitting is concur. The bill has to be passed by bill (Article 110.)
The Rajya Sabha can make recommendations other House – presided over by the Deputy both Houses before the President can It is treated as ordinary bill in all
of two kinds: public bills and private to the Bill which the Lok Sabha is not required The other House rejects this bill,
bills (also known as government bills Chairman of the Rajya Sabha. give his/her assent. respects unlike Financial Bill (I)
to accept. or If any of the above-mentioned The founding fathers foresaw Special Feature: It cannot be passed by
and private members’ bills Thus, in the case of a money bill, the necessity The Houses do not agree on the people are not available, any situations where there could be a either houses of the Parliament unless
respectively). Though both are of a joint sitting does not arise. amendments made to the bill, or Member of Parliament (MP) deadlock between both Houses of President has recommended them for
governed by the same general More than six months elapse with can preside over the sitting by Parliament. consideration of the bill
procedure and pass through the the bill being received by the consensus of both Houses. Therefore, they provided for a It can be either rejected or amended by
other House without it being The quorum to constitute a constitutional mechanism to break either House of Parliament
same stages in the House. passed.
EXCEPTIONS TO joint sitting: 1/10th of the total this deadlock, in the form of joint There is a provision of joint sitting
Then, the President can summon a number of members of the sittings. summoned by President in case of
JOINT SITTINGS joint sitting unless the bill had House. deadlock
CLASSIFICATION OF BILLS IN elapsed because of the Lok President can give his assent, withhold
Sabha’s dissolution. the bill or can even return the bill for
PARLIAMENT reconsideration
INTRODUCTION FINANCIAL
JOINT SITTING JOINT SITTING OF JOINT SITTING BILLS (II)
The bills introduced in the Parliament can also be CONSTITUTION PARLIAMENT IS OF TWO HOUSES
classified into four categories: SUMMONED BY It is defined as a bill that contains matters
AL PROVISION not only related with Article 110 (Money Bill)
Ordinary bills, which are concerned with any matter but also other matters of finances.
other than financial subjects. Its similarity with money bill:
Money bills, which are concerned with the financial It is introduced only in Lok Sabha similar to
PARLIAMENT PART 7- LEGISLATIVE

matters like taxation, public expenditure, etc. Money Bill
Financial bills, which are also concerned with It is introduced only on the recommendation
financial matters (but are different from money bills). of President
Constitution amendment bills, which are concerned FINANCIAL Its difference with money bill:
PROCEDURES AND JOINT SITTING

It can be either rejected or amended by the
with the amendment of the provisions of the BILLS (I) Rajya Sabha which is not the case with
Constitution. money bill
There is a provision of joint sitting
OF TWO HOUSES
summoned by President in case of deadlock
ORDINARY BILLS President can give his assent, withhold the
DIFFERENCE bill or can even return the bill for
BILL IN THE reconsideration
SECOND BETWEEN A
HOUSE MONEY BILL
First Reading
A minister or a member introduces the bill in AND THE
A Money Bill has to be introduced in the Lok
either house of the Parliament. He asks for In the second House also, the bill passes through FINANCE BILL Sabha as per Section 110 of the Constitution.
leave before introducing the bill. He reads the all the three stages, that is, first reading, second ASSENT OF THE Then, it is transmitted to the Rajya Sabha for its
title and objective of the bill. reading and third reading. There are four
PRESIDENT recommendations. The Rajya Sabha has to return
After the introduction, the bill is published in alternatives before this House: MONEY BILL
it may pass the bill as sent by the first house (ie, the Bill with recommendations in 14 days.
the Gazette of India However, the Lok Sabha can reject all or some of
Note: No discussion on the bill takes place in without amendments);
it may pass the bill with amendments and return the recommendations.
this stage and If the bill is published in the it to the first House for reconsideration; In the case of a Finance Bill, Article 117 of the
Indian Gazette before its introduction, the it may reject the bill altogether; and One of the three If a bill only Constitution categorically lays down that a Bill
minister/member does not have to ask for it may not take any action and thus keep the bill actions can be
taken by him: contains provisions pertaining to sub-clauses (a) to (f) of clause (1)
leave pending. connected to
If the second House passes the bill without any May give his assent shall not be introduced or moved except with the
Second Reading to the bill (The bill taxation, President’s recommendation. Also, a Bill that
During this stage, the bill receives not only the amendments or the first House accepts the
amendments suggested by the second House, becomes an act government FINANCE BILL makes such provisions shall not be introduced in
general but also the detailed scrutiny and the bill is deemed to have been passed by both and is placed on borrowing, and the Rajya Sabha.
assumes its final shape. Hence, it forms the the Houses and the same is sent to the president statute book) expenditure from
most important stage in the enactment of a for his assent. May withhold his or receipt to the
bill. In fact, this stage involves three more sub- On the other hand, if the first House rejects the assent to the bill
(The bill ends and Consolidated Fund
stages, namely, stage of general discussion, amendments suggested by the second House or As per Article 110 of the Constitution of India, the Finance Bill is a Money
the second House rejects the bill altogether or does not become of India, it is
committee stage and consideration stage. an act) referred to as a Bill. The Finance Bill is a part of the Union Budget, stipulating all the legal
Third Reading the second House does not take any action for
six months, a deadlock is deemed to have taken May return the bill Money Bill. Money amendments required for the changes in taxation proposed by the Finance
One of the two actions take place: Acceptance place. for reconsideration Bills are also Minister. Keep in mind that the Finance Bill is an umbrella legislation. Why?
or Rejection of the Bill To resolve such a deadlock, the president can (The houses defined as bills that This Bill encompasses all amendments required in various laws pertaining
No amendments to the bill are allowed summon a joint sitting of the two Houses. If the can/cannot make to tax, in accordance with the tax proposals made in the Union Budget. The
amendments and simply contain
A bill is deemed to have been passed by the majority of members present and voting in the provisions that are Finance Bill, as a Money Bill, needs to be passed by the Lok Sabha — the
Parliament only when both the Houses have joint sitting approves the bill, the bill is deemed send it back to the
to have been passed by both the Houses. President after ancillary to these lower house of the Parliament. Post the Lok Sabha’s approval, the Finance
agreed to it, either with or without which he has to subjects. Bill becomes Finance Act.
amendments. give assent)
MIND-MAP
The provisions related
to supplementary,
According to Article 77 (3), the Union additional and excess
Finance Minister has been made Indian constitution under Article 112-117 enshrines powers grants are specified in
of parliament in the enactment of the Budget. According to Charged expenditure: It
responsible by the President to prepare the Art.115. includes expenditure specified
budget also called as the annual financial article 112-117, any proposal for expenditure and demand for Supplementary
a grant can be made only on the recommendation of the in the constitution. There is no
statement and pilot it through the Grant voting on charged expenditure.
parliament. Budget embodies the estimated President. Excess grant
The parliament has to pass a financial bill within 75 days of It includes emoluments of the
receipts and expenditure of the Additional Grant president and the salaries and
Government of India for one financial year. its introduction. After discussion in both the houses on Token grant
demand for Grants, Financial bill and appropriation bill and allowances of the chairman and
The financial year commences on 1st April Exceptional Grant deputy chairman of the Rajya
each year. voting of the Lok Sabha Budget is enacted and expenditure
can be incurred from the consolidated fund of India. Sabha, speaker and deputy
speaker of Lok Sabha, Judges of
the Supreme Court, CAG, and
certain other bodies/agencies
TYPES OF specified in the constitution.
5 STAGES OF BUDGET GRANTS Non-Charged Expenditure: It is
the votable expenditure. It is the
sum required to meet other
INTRODUCTION CONCLUSION expenditure proposed to be
Presentation of budget with Finance Minister’s made from the consolidated
speech TYPES OF fund of India. In other words
General discussion of the budget. After this, there is EXPENDITURE
an adjournment of houses so that standing amount of expenditure incurred
committees scrutinises the demand for grants for a through Demand for Grants.
month.
PARLIAMENT PART 8-
Voting on demand for grants in Lok Sabha
Passing of appropriation bills
Passing of Finance bills.
Finance bill
BUDGET IN PARLIAMENT TYPES OF BILLS Money bill

BUDGET Appropriation Bill
PRESENTATION
DISCUSSION VOTE ON
OF BUDGET ACCOUNT
The budget is presented to the DISCUSSION Economy cut: Economy cut motion demands
parliament on the date fixed AND VOTING ON reduction of a specified amount from the demand
by the President. Generally, it for Grant representing the welfare of the economy.
was presented on the last DEMAND FOR GUILLOTINE
It is done in two stages. Policy cut: According to policy cut motion, the
working day of February, a In the first stage, GRANTS CATEGORIES demand for a grant is reduced to Re.1 representing
month before the broad outlines of the Since the passing the disapproval of the policy underlying the demand.
commencement of the of the budget takes
OF CUT
budget, principle and A member giving such notice should indicate precise
financial year but this 92 years policies underlying it almost 2 months, After standing MOTIONS terms, the particulars of the policy which he
old practices of presenting the Government committee reports
are to be discussed in requires the proposes to discuss. It is open to the member to
budget has been changed general discussion of are presented to The guillotine is advocate alternative policy.
now. During general elections, sanction of an the house, the
the budget which lasts amount to maintain passing the Token cut: Token cut motion is used to voice a
the budget is presented twice, for about 4-5 days. itself for this house proceeds Demand for grievance. In token cut, the amount of the Demand
first to secure a vote on In second stage period. According with a Ministry Grants without for Grant is reduced by Rs.100 in order to express a
account for 4 months and discussion is held to Art 116, a special wise discussion of discussion. On CUT MOTIONS specific grievance.
later completely. Budget based on reports of provision called committee reports the last day of
speech of finance minister is 'Vote on Account' is and voting on
concerned created by which the period
in two parts, Part A constitute Departments/Ministrie demand for grants. allotted by
vote of parliament The time for
a general economic condition s standing committees, is obtained by the speaker due to Cut motions are motions for reduction in various demand
of the country while part B which is usually done government for a discussion and the paucity of POWERS OF for grants. Cut motions seek a reduction of an amount of
relates to taxation proposals. after a month of a sum sufficient voting on demand time, speaker BOTH THE
for grants is demands of grants on the following grounds: economy,
The general budget is general discussion of generally for 2 puts all the policy cut and token cut.
presented in the Lok Sabha by months to incur allocated by the HOUSES
the budget. expenditure. During outstanding
Minister of Finance. At the Standing committees speaker in Demands for
conclusion of the speech of the election year a consultation with
submit reports to the vote on an account grants to vote of
the finance minister in Lok house which are may exceed from the leader of the the house. It is a Introduction and voting on Demands for Grants is confined only to the Lok Sabha. The Lok
Sabha, annual financial persuasive in nature. 2-4 months house. device used for Sabha has the power to assent, refuse to assent and even to reduce the amount of the
statement is laid on the table expenditure. want of time. Demand for Grant. In Rajya Sabha, there is only general discussion of the budget. The upper
of Rajya Sabha. house does not vote on the Demands for Grants.
In the ‘Indian politico-administrative system’, the Parliament MIND-MAP
occupies a central position and has a multifunctional role. It Issues of national and international importance are discussed
enjoys extensive powers and performs a variety of functions in the Parliament. The opposition plays an important role in this The Parliament takes part in the election of the President and the Vice
towards the fulfilment of its constitutionally expected role. Its regard and ensures that the country is aware of alternate President. The electoral college that elects the President comprises of, among
powers and functions can be classified under the following heads: viewpoints. others, the elected members of both Houses. The President can be removed by
Legislative Powers and Functions A Parliament is sometimes talked of as a ‘nation in miniature’. a resolution passed by the Rajya Sabha agreed to by the Lok Sabha.
Financial Powers and Functions In a democracy, the Parliament plays the vital function of
Executive Powers and Functions deliberating matters of importance before laws or resolutions
Judicial Powers and Functions are passed.
The Parliament has the power to alter, decrease or increase the The Parliament has the power to amend the
Amending Powers Constitution of India. Both Houses of the Parliament
Electoral Powers and Functions boundaries of states/UTs.
The Parliament also functions as an organ of information. The have equal powers as far as amending the
Other powers and functions. ELECTORAL Constitution is concerned. Amendments will have to
ministers are bound to provide information in the Houses when
demanded by the members. FUNCTIONS be passed in both the Lok Sabha and the Rajya
Sabha for them to be effective.
The Parliament can amend the Constitution in three
LEGISLATIVE POWERS AND ways:
By simple majority;
FUNCTIONS INTRODUCTION OTHER POWERS/FUNCTIONS By special majority; and
OF THE PARLIAMENT AMENDING
By special majority but with the consent of half
of all the state legislatures.
POWERS The constituent power of the Parliament is not
The Parliament legislates on all unlimited; it is subject to the ‘basic structure’ of the
PARLIAMENT PART 9-
matters mentioned in the Union List Constitution. In others words, the Parliament can
and the Concurrent List. amend any provision of the Constitution except the
In the case of the Concurrent List, JUDICIAL ‘basic features’ of the Constitution.
where the state legislatures and the POWERS AND This was ruled by the Supreme Court in the
Parliament have joint jurisdiction,
MULTIFUNCTIONAL ROLE
FUNCTIONS Kesavananda Bharati case (1973) and reaffirmed in
the union law will prevail over the
states unless the state law had
the Minerva Mills case (1980)
received the earlier presidential
assent. However, the Parliament can
OF PARLIAMENT
any time, enact a law adding to, The judicial powers and functions of the Parliament include the
amending, varying or repealing a law following:
made by a state legislature.
The Parliament can also pass laws It can impeach the President for the violation of the Constitution.
on items in the State List under the FINANCIAL POWERS AND
It can remove the Vice-President from his office.
following circumstances: It can recommend the removal of judges (including chief justice)
FUNCTIONS of the Supreme Court and the high courts, chief election
If Emergency is in operation, or any
state is placed under President’s commissioner, comptroller and auditor general to the president.
Rule (Article 356), the Parliament It can punish its members or outsiders for the breach of its
can enact laws on items in the State privileges or its contempt.
List as well. No tax can be levied or collected and no expenditure can be incurred by the Executive except
As per Article 249, the Parliament under the authority and with the approval of Parliament. Hence, the budget is placed before
can make laws on items in the State the Parliament for its approval. The enactment of the budget by the Parliament legalises the
List if the Rajya Sabha passes a receipts and expenditure of the government for the ensuing financial year. EXECUTIVE FUNCTIONS (CONTROL OVER THE EXECUTIVE)
resolution by ⅔ majority of its The Parliament also scrutinises government spending and financial performance with the
members present and voting, that it help of its financial committees.
is necessary for the Parliament to These include public accounts committee, estimates committee and committee on public
make laws on any item enumerated undertakings. They bring out the cases of illegal, irregular, unauthorised, improper usage and In the parliamentary form of government, the executive is responsible to the
in the State List, in the national wastage and extravagance in public expenditure. legislature. Hence, the Parliament exercises control over the executive by several
interest. Therefore, the parliamentary control over the Executive in financial matters operates in two measures.
As per Article 253, it can pass laws stages: By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of
on the State List items if it is Budgetary control, that is, control before the appropriation of grants through the enactment power. It can reject a budget proposal or any other bill brought by the Cabinet. A
required for the implementation of of the budget; and motion of no-confidence is passed to remove a government from office.
international agreements or treaties Post-budgetary control, that is, control after the appropriation of grants through the three Adjournment Motion: Allowed only in the Lok Sabha, the chief objective of the
with foreign powers. financial committees. adjournment motion is to draw the attention of the Parliament to any recent issue of
According to Article 252, if the The budget is based on the principle of annuity, that is, the Parliament grants money to the urgent public interest. It is considered an extraordinary tool in Parliament as the normal
legislatures of two or more states government for one financial year. business is affected.
pass a resolution to the effect that it If the granted money is not spent by the end of the financial year, then the balance expires Censure Motion: A censure motion is moved by the opposition party members in the
is desirable to have a parliamentary and returns to the Consolidated Fund of India. This practice is known as the ‘rule of lapse’. It House to strongly disapprove any policy of the government. It can be moved only in the
law on any item listed in the State facilitates effective financial control by the Parliament as no reserve funds can be built Lok Sabha. Immediately after a censure motion is passed, the government has to seek
List, the Parliament can make laws without its authorisation. However, the observance of this rule leads to heavy rush of the confidence of the House.
for those states. expenditure towards the close of the financial year. This is popularly called as ‘March Rush’. Cut Motion: A cut motion is used to oppose any demand in the financial bill brought by
the government.
MIND-MAP
The Parliament has neither time nor expertise to control the The Rajya Sabha has been given four exclusive or special powers that are not enjoyed by the Lok Sabha:
administration which has grown in volume as well as complexity. It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249).
Parliament’s financial control is hindered by the technical nature of the It alone can initiate a move for the removal of the vicepresident. In other words, a resolution for the removal of the vice-president can be
demands for grants. The parliamentarians being laymen cannot introduced only in the Rajya Sabha and not in the Lok Sabha (Article 67).
understand them properly and fully. It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312).
The legislative leadership lies with the Executive and it plays a If a proclamation is issued by the President for imposing national emergency or president’s rule or financial emergency at a time when
significant role in formulating policies. the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place within the period allowed for its approval, then the
The very size of the Parliament is too large and unmanagable to be proclamation can remain effective even if it is approved by the Rajya Sabha alone (Articles 352, 356 and 360).
effective.
The majority support enjoyed by the Executive in the Parliament An analysis of the above points makes it clear that the position of the Rajya Sabha in our constitutional system is not as weak as that of the
reduces the possibility of effective criticism. House of Lords in the British constitutional system nor as strong as that of the Senate in the American constitutional system. Except in
The financial committees like Public Accounts Committee examines financial matters and control over the council of ministers, the powers and status of the Rajya Sabha in all other spheres are broadly equal
the public expenditure after it has been incurred by the Executive. and coordinate with that of the Lok Sabha.
Thus, they do post mortem work.
The increased recourse to ‘guillotine’ reduced the scope of financial
control.
The growth of ‘delegated legislation’ has reduced the role of
Parliament in making detailed laws and has increased the powers of SPECIAL POWERS OF
bureaucracy. RAJYA SABHA In the following matters, the powers and
The frequent promulgation of ordinances by the president dilutes the status of the Rajya Sabha are unequal to that of
Parliament’s power of legislation. the Lok Sabha:
The Parliament’s control is sporadic, general and mostly political in
PARLIAMENT PART 10-

A Money Bill can be introduced only in the Lok
nature. Sabha and not in the Rajya Sabha.
Lack of strong and steady opposition in the Parliament, and a setback Rajya Sabha cannot amend or reject a Money
in the parliamentary behaviour and ethics, have also contributed to the
INEFFECTIVENESS OF
UNEQUAL Bill. It should return the bill to the Lok Sabha
ineffectiveness of legislative control over administration in India. within 14 days, either with recommendations
STATUS WITH or without recommendations.
LOK SABHA
PARLIAMENTARY CONTROL AND

A financial bill, not containing solely the
matters of Article 110, also can be introduced
only in the Lok Sabha and not in the Rajya
POSITION OF RAJYA SABHA

REASONS FOR INEFFECTIVENESS Sabha. But, with regard to its passage, both the
Houses have equal powers.
OF PARLIAMENTARY CONTROL The Lok Sabha can either accept or reject all or
EQUAL STATUS any of the recommendations of the Rajya
WITH LOK SABHA Sabha. In both the cases, the money bill is
deemed to have been passed by the two
Houses.
The Speaker of Lok Sabha presides over the
POSITION OF RAJYA SABHA joint sitting of both the Houses.
In the following matters, the powers and status of the Rajya Sabha are equal to that of the Lok The final power to decide whether a particular
Sabha: bill is a Money Bill or not is vested in the
Introduction and passage of financial bills involving expenditure from the Consolidated Fund of Speaker of the Lok Sabha.
India. The Lok Sabha with greater number wins the
Introduction and passage of ordinary bills. battle in a joint sitting except when the
Introduction and passage of Constitutional amendment bills. combined strength of the ruling party in both
The Constitutional position of the Rajya Sabha Election and removal of the Vice-President. However, Rajya Sabha alone can initiate the removal the Houses is less than that of the opposition
of the vice-president. He is removed by a resolution passed by the Rajya Sabha by an effective parties.
(as compared with the Lok Sabha) can be majority (which is a type of special majority) and agreed to by the Lok Sabha by a simple majority. A resolution for the discontinuance of the
Election and impeachment of the president. national emergency can be passed only by the
studied from three angles: Making recommendation to the President for the removal of Chief Justice and judges of Supreme Lok Sabha and not by the Rajya Sabha.
Where Rajya Sabha is equal to Lok Sabha. Court and high courts, chief election commissioner and comptroller and auditor general. Rajya Sabha can only discuss the budget but
Approval of ordinances issued by the President. cannot vote on the demands for grants (which
Where Rajya Sabha is unequal to Lok Sabha. Selection of ministers including the Prime Minister. Under the Constitution, the ministers is the exclusive privilege of the Lok Sabha).
Where Rajya Sabha has special powers that including the Prime Minister can be members of either House. However, irrespective of their The Rajya Sabha cannot remove the council of
membership, they are responsible only to the Lok Sabha. ministers by passing a no-confidence motion.
are not at all shared with the Lok Sabha. Approval of proclamation of all three types of emergencies by the President. This is because the Council of ministers is
Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission. collectively responsible only to the Lok Sabha.
Consideration of the reports of the constitutional bodies like Finance Commission, Union Public But, the Rajya Sabha can discuss and criticise
Service Commission, comptroller and auditor general, etc. the policies and activities of the government
MIND-MAP
Parliamentary privileges are certain rights and immunities enjoyed by Written Constitution: In India Constitution is written which put limitations on all organs of the state. Although parliament can amend
members of Parliament, individually and collectively, so that they can constitution but it cannot supersede the written document. In UK, as there is no written constitution, the Parliament possesses legislative
“effectively discharge their functions”. sovereignty. So any law passed by it cannot be questioned before any court on such grounds.
Parliamentary privileges are defined in Article 105 of the Indian Independent judiciary and Judicial review: Judiciary is independent and the guardian of the Constitution. It can declare any law or
Constitution and those of State legislatures in Article 194. ordinance passed by the legislature void, if any of its provisions violate one or more of the constitutional provisions.
When any of these rights and immunities are disregarded, the offence Limited amendment power: Parliament can amend most of the part of constitution but it cannot amend the ‘basic features of the
is called a breach of privilege and is punishable under law of constitution’. Further some amendments need special majority and states’ legislature resolution.
Parliament. Federal structure: Although constitution says India as a union of states, India is a federal polity. Various federal provisions especially
Besides, Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and some special powers for schedule area limit parliament powers where many parliamentary laws are applicable only on presidential and
correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governor consent.
govern privilege.
WHAT ARE PARLIAMENTARY

PRIVLAGES? FACTORS THAT LIMIT
THE SOVEREIGNTY OF
COLLECTIVE PRIVILEGES INDIAN PARLIAMENT
Limit by Presidential vetoes: A bill cannot become law without
presidential assent. President can practice various veto powers
like pocket veto that act as limitation on parliament sovereignty.
PARLIAMENT PART 11-

The privileges belonging to each House of Division of powers: Schedule 7 divide law making power
Parliament collectively are: between centre and state. Parliament cannot make laws on
It has the right to publish its reports, state list. Any law in state subject would require state’s consent
PARLIAMENTARY PRIVILEGES
debates and proceedings and also the through majority.
right to prohibit others from publishing INDIVIDUAL Bar on discussion of conduct of judges: Article 121 and 211 of
the same. The 44th Amendment Act of Indian Constitution states that no discussion shall take place in
AND SOVEREIGNTY OF
PRIVILEGES the Legislature of a state or in the Parliament with respect to the
1978 restored the freedom of the press
to publish true reports of parliamentary conduct of any judge of the Supreme Court or of the High court
proceedings without prior permission of in the discharge of his duties. Thus legislature have no power to
PARLIAMENT
the House. But this is not applicable in discuss judges conduct.
The privileges belonging to Limited Doctrine of ‘Separation of Powers’: In India there is no
the case of a secret sitting of the House. the members individually are:
It can exclude strangers from its strict application of doctrine of separation of powers. So if the
They cannot be arrested legislature encroaches into the functions of the other organs,
proceedings and hold secret sittings to during the session of
discuss some important matters. judiciary can prevent it to do so.
Parliament and 40 days before
It can make rules to regulate its own the beginning and 40 days
procedure and the conduct of its after the end of a session. This
business and to adjudicate upon such privilege is available only in
matters. WHAT IS CALLED BREACH OF
civil cases and not in criminal
It can punish members as well as cases or preventive detention PARLIAMENTARY PRIVILEGES?
outsiders for breach of its privileges or cases.
its contempt by reprimand, admonition They have freedom of speech
or imprisonment (also suspension or in Parliament. No member is
expulsion, in case of members). liable to any proceedings in SOVEREIGNTY OF PARLIAMENT
It has the right to receive immediate any court for anything said or If any person or officer violates the individual or collective privileges of a Member
information of the arrest, detention, any vote given by him in of Parliament, such as, disrespect, abuse, attack, etc., such acts are considered as
conviction, imprisonment and release of Parliament or its committees. breach of Parliamentary Privileges which is punishable by the house.
a member. This freedom is subject to the Thus, the above facts make it clear that Parliamentary Privileges in India have The doctrine of ‘sovereignty of Parliament’
It can institute inquiries and order the provisions of the Constitution been enforced so that the respect of Parliament its members can be ensured. is associated with the British Parliament.
attendance of witnesses and send for and to the rules and standing But it is observed that after winning the election, these representatives do not Parliamentary sovereignty means
relevant papers and records. orders regulating the respect the public while on the other hand they expect that public should give supremacy of the legislative body i.e
The courts are prohibited to inquire into procedure of them due respect. parliament over all other government
the proceedings of a House or its Parliament. Apart from this, you may have noticed that Parliamentarians are often seen institutions including executive and
committees. They are exempted from jury misbehaving with the officials and the general public. This is called misuse of judicial bodies.
No person (either a member or outsider) service. They can refuse to parliamentary privileges. Sovereign legislature may change or
can be arrested, and no legal process give evidence and appear as a Therefore, it is the need of the hour that if government want to maintain the repeal any previous legislation and is not
(civil or criminal) can be served within witness in a case pending in a dignity of the democracy then it should make appropriate changes in the bound by any written law like constitution.
the precincts of the House without the court when Parliament is in parliamentary privileges because nobody can be superior to the general public. In India there is no parliament sovereignty
permission of the presiding officer. session. rather there is constitutional sovereignty.
MIND-MAP
The state executive is made up by Governor, Chief Minister, Council of Disapproving the practice of replacing Governors after a new
Ministers and Advocate-General of State. Governor, as President, heads the government comes to power at the Centre, the Supreme The Governor of state,
state government. Article 153-167 in the Indian Constitution deal with the
provisions related to the state governments of the country. Court in 2010 had said that the Governors of states cannot unlike the President of
be changed in an arbitrary and capricious manner with the India, is conferred with
Governor is a titular head or constitutional head and at the same time, he is
change of power. A five-judge Constitution bench headed by power to act at his own
the agent of the centre as the union government nominates Governor in each
Chief Justice K G Balakrishnan held that a Governor can be discretion. There are
state.
replaced only under “compelling” reasons for proven two categories of
The governor is the chief executive head of the state. But, like the president,
misconduct or other irregularities. The Bench also said the discretion for the
he is a nominal executive head (titular or constitutional head).
Governor can be removed only under “compelling reasons” governor. One is
The governor also acts as an agent of the central government. Therefore, the
office of governor has a dual role. and what the compelling reasons are depends on facts and GOVERNOR’S Constitutional
DISCRETIONARY Discretion and the other
Usually, there is a governor for each state, but the 7th Constitutional situations of a particular case. The landmark decision came is Situational Discretion.
Amendment Act of 1956 facilitated the appointment of the same person as a on a PIL filed was in 2004 by then BJP MP B P Singhal POWERS
governor for two or more states. challenging the removal of Governors of Uttar Pradesh,
Gujarat, Haryana and Orissa by the previous UPA government.
POWERS AND FUNCTIONS OF
INTRODUCTION GOVERNOR
REMOVAL OF
APPOINTMENT OF THE GOVERNOR GOVERNORS BY
CENTER
A governor possesses executive, legislative, financial and judicial powers more
or less analogous to the President of India.
However, he has no diplomatic, military or emergency powers like the
president.
The Indian President appoints Governor for each state The powers and functions of the governor can be studied under the following
THE OFFICE OF
by warrant under his hand and seal. Central heads:
Government is responsible to nominate the governor Executive powers.
for each state. Every executive action that the state government takes, is to be taken in his
Unlike elections of President, there is no direct or name.
How an order that has been taken up his name is to be authenticated, the rules
GOVERNOR
indirect election for the post of Governor.
Office of a governor is not a part of union executive for the same can be specified by the Governor.
Chief Ministers and other ministers of the states are appointed by him.
and is an independent constitutional office. The He appoints the advocate general of states and determines their remuneration
governor doesn’t serve the union government and He appoints the following people: State Election Commissioner, Chairman and
neither is subordinate to it. Members of the State Public Service Commission and Vice-Chancellors of the
The nomination of a governor by the Union and his universities in the state
appointment by the President in India is based on the A constitutional emergency in the state is recommended to the President by
Canadian model of government. TERM OF OFFICE him.
A governor must: OF THE GOVERNOR Legislative powers.
Be a citizen of India. It’s in his power to prorogue the state legislature and dissolve the state
Be at least 35 years of age. legislative assemblies
Not be a member of the either house of the CONDITIONS OF He addresses the state legislature at the first session of every year
parliament or house of the state legislature. If any bill is pending in the state legislature, Governor may/may not send a bill
Not hold any office of profit.
GOVERNOR’S OFFICE to the state legislature concerning the same
If the speaker of the legislative assembly is absent and same is Deputy
Speaker, then Governor appoints a person to preside over the session
As President nominates 2 members in the Lok Sabha, Governor nominates 1
member in state legislative assembly from Anglo-Indian Community.
The Constitution lays down the following conditions for the the governor’s office: Financial powers.
He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of The following are the financial powers and functions of the Governor:
either of the house, he should vacate the seat on his first day as Governor in the He looks over the state budget being laid in the state legislature
The term of governor's office is normally office. His recommendation is a prerequisite for the introduction of money bill in the
5 years but it can be terminated earlier He should not hold any office of profit. state legislature
by: For his residence, Raj Bhavan is provided to him without the payment of rent. He recommends for the demand for grants which otherwise cannot be given
Dismissal by the president on the advice Parliament decides his emoluments, allowances and privileges. Contingency Fund of State is under him and he makes advances out that to
of the council of minister headed by the When a governor is responsible for two or more states, the emoluments and meet unforeseen expenditure
prime minister of the country. allowances payable to him are shared by the states in such proportion as the State Finance Commission is constituted every five years by him.
Dismissal of governors without a valid President may determine. Judicial powers.
reason is not permitted. However, it is Parliament cannot diminish his emoluments and allowances during his term of He has following pardoning powers against punishment: Pardon, Reprieve,
the duty of the President to dismiss a office. Respite, Remit and Commute
governor whose acts are upheld by He is given immunity from any criminal proceedings, even in respect of his President consults the Governor while appointing judges of High Court
courts as unconstitutional and malafide. personal acts In consultation with state High Court, Governor makes appointments, postings
Resignation by the governor. Arrest or imprisonment of Governor cannot take place. Only civil proceedings can and promotions of the district judges
In consultation with the state high court and state public service commission,
be initiated for his personal acts that too after giving two months’ of prior notice. he also appoints persons to the judicial services.
MIND-MAP
As a real executive authority, the Chief Minister
is called the head of the government. He is
assisted by his council of ministers who are a As at the Centre, there is no provision in the Constitution for the system of Article 164 also contains the principle
part of state executive along with Governor legal responsibility of the minister in the states. of individual responsibility. It states
and Advocate-General of State. It is not required that an order of the governor for a public act should be that the ministers hold office during
Similar to Prime Minister who is the head of the countersigned by a minister. the pleasure of the governor. This
government at the centre, the Chief Minister is Moreover, the courts are barred from enquiring into the nature of advice means that the governor can remove
the head of the government at the state level. a minister at a time when the council
rendered by the ministers to the governor. of ministers enjoys the confidence of
the legislative assembly.
But, the governor can remove a
minister only on the advice of the
chief minister.
APPOINTMENT OF CHIEF In case of difference of opinion or
dissatisfaction with the performance
MINISTER INTRODUCTION of a minister, the chief minister can
NO LEGAL RESPONSIBILITY
ask him to resign or advice the
governor to dismiss him.
By exercising this power, the chief
Our constitution does not minister can ensure the realisation of
THE OFFICE OF CHIEF

specifically mention about the the rule of collective responsibility.
qualification to be appointed as INDIVIDUAL
Chief Minister (CM). RESPONSIBILITY
Article 164 of the Constitution
envisages that the Chief Minister
MINISTER AND COUNCIL

shall be appointed by the governor.
However, this does not imply that
the governor is free to appoint POWERS
anyone as the Chief Minister of the
OF THE CM
OF MINISTERS
state or UT.
The provision of collective responsibility is
COLLECTIVE dealt with by Article 164. The Article
As head of the council of ministers he recommends
mentions that the council of ministers are
RESPONSIBILITY collectively responsible to the state
people to be appointed as ministers to the governor. He
allocates and reshuffles portfolios amongst them. He legislature.
can ask the minister to resign or tell the governor to This means that all the ministers own joint
dismiss him. He supervises activities of all ministers. His responsibility to the legislative assembly
resignation or death leads to dissolution of the council for all their acts of omission and
of ministers. STATE COUNCIL commission.
He communicates to the governor all matters related to OF MINISTERS APPOINTMENT OF THE COUNCIL
administration of the state and proposed legislations.
He furnishes information required by the governor OF MINISTERS IN A STATE
relating to administration of the union or proposed COMPOSITION OF COUNCIL
legislations. He submits to the consideration of the
council of ministers any matter on which decision has OF MINISTERS
been taken by an individual minister but the CoM hasn’t
considered it. State Council of
He can advice governor to summon or prorogue the Ministers are similar They are appointed by the governor
house sessions. He can advice dissolution of legislative to Central Council of on the advice of the CM. Governor The size of the council is not mentioned in the Indian Constitution. Chief
assembly to the governor anytime. He announces Ministers. The state also appoints a tribal affairs minister Minister decides the size and the rank of the ministers as per the
government policies on the floor of the house. council is headed by for the following states: requirement in the State Legislature.
He is advisor of governor regarding appointments to the Chief Minister. Chhattisgarh There are three categories of Council of Ministers:
various regulators and constitutional bodies of the The council Jharkhand Cabinet: They attend cabinet meetings and play important role in state
union. comprises ministers Madhya Pradesh
He is the leader of the house and holding this position,
government.
appointed by the Odisha Minister of state: They can be independent in charge of department that
he performs the following functions: Before a governor governor on the
prorogues and summons the sessions of the state Bihar was also one of the states to aren’t attached to cabinet ministries or in charge of specific department
recommendation of have tribal affairs minister, however, part of a ministry /specific work in a ministry which is headed by a
legislature, the Chief Minister’s advice is a must, the CM.
Legislative Assembly can be dissolved at any time on his 94th Amendment Act 2006 freed cabinet minister.
recommendation to the governor and All government Bihar from this obligation. Deputy Minister: They are attached to cabinet ministers or ministers of
policies are announced by him on the floor of the house. state and assist them in their work.
MIND-MAP
Judiciary is an independent body that protects and The two most important rights of Judiciary are –
ensures the ‘rule of law.’ It can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. under Article 32 of the Constitution and
Any other organs of the government including the the same action can be taken by the High Courts as well under the Article 226 of Constitution.
executive and legislature must not restrain the Under Article 13 of the Constitution – the Supreme Court can declare the concerned law as unconstitutional and therefore
functioning of the judiciary. non-operational.
The judicial system in India is in the form of an The Judges of the Supreme Court
The Judicial Review (JR) is one of the most important powers of the Supreme Court. (and the High Courts) are
integrated judiciary, which consists of a Supreme The Supreme Court (and the High Courts) has the power to check the Constitutional validity of any legislation or action of the
Court for the whole nation, High Courts in each appointed by the President (of
executive, when it is challenged before them. This power is called judicial review. India) after ‘consulting’ the Chief
state, and District Courts and the courts at the local The Supreme Court of India also guards the Constitution against any change in its basic principles by the Parliament.
level (as shown in the diagram given below). Justice of India (CJI).
The independence and powers exercised by the Indian judiciary in India make the Supreme Court to act as the guardian of the Normally, the senior-most judge
The Supreme Court controls the judicial Fundamental Rights.
administration and the judgments of the Supreme of the Supreme Court of India is
In a landmark judgment of Kesavananda Bharati case (1973), the Supreme Court ruled that there is a ‘Basic Structure’ of the appointed as the Chief Justice of
Court are binding on all other courts of the country. Constitution and nobody — not even the Parliament (through amendment)—can violate the basic structure. India (CJI); however, this
convention was broken two
times:
In 1973, A. N. Ray was
SUPREME COURT HISTORY appointed as CJI superseding
INTRODUCTION RIGHTS OF THE SUPREME three senior Judges and
COURT In 1975, Justice M.H. Beg was
appointed superseding Justice
H.R. Khanna.
A judge of the Supreme Court (or
The Federal Court of India was High Courts) can be removed only
created as per Government of India on the ground of proven
JUDICIARY PART 1-
Act 1935. misbehavior or incapacity.
This court settled disputes between A motion containing the charges
provinces and federal states and against the judge must be
heard appeals against judgements of JUDGES OF approved by special majority in
the high courts. SUPREME COURT both the Houses of Parliament;
SUPREME COURT
After independence, the Federal Court only then a judge can be removed.
and the Judicial Committee of the
Privy Council were replaced by the
Supreme Court of India, which came
into being in January 1950. JURISDICTIONS OF
The Constitution of 1950 envisaged a SUPREME COURT
Supreme Court with one Chief Justice
and 7 puisne Judges.
The number of SC judges was
increased by the Parliament and The Supreme Court of India acts as the highest court of appeal in civil and criminal cases. It hears appeals against the
decisions of the High Courts. However, the Supreme Court hears any case if it pleases to do so.
currently, there are 34 judges The Supreme Court has got jurisdiction to take up any dispute such as:
including the Chief Justice of India Between citizens of the country;
(CJI). CONSTITUTIONAL Between citizens and government;
PROVISIONS Between two or more state governments; and
Between governments at the union and state level.
SEAT OF The Supreme Court and the High Courts are the custodian of our constitution. They have the power to interpret the
Constitution of the country.
SUPREME COURT The Supreme Court can declare any law of the legislature or the actions of the executive unconstitutional if such a law or
The Indian constitution provides for a provision of
action is against the provisions of the Constitution.
Supreme Court under Part V (The Union) and
The Supreme Court has ‘Original Jurisdiction’. It means – some cases can be directly considered by the Supreme Court
Chapter 6 (The Union Judiciary).
The Constitution declares Delhi as without going to the lower courts.
Articles 124 to 147 in Part V of the Constitution
the seat of the Supreme Court. It The Supreme Court has ‘Writ Jurisdiction’. It means – any individual, whose fundamental right has been violated, can
deal with the organisation, independence,
also authorises the CJI to appoint directly go to the Supreme Court for appropriate remedy.
jurisdiction, powers and procedures of the
other place or places as seat of the The Supreme Court is the highest court of appeal (Appellate Jurisdiction). It means – a person can appeal to the Supreme
Supreme Court.
Supreme Court. Court against the decisions of the High Court.
The Indian constitution under Article 124(1) states
He can take decision in this regard The Supreme Court has ‘Advisory Jurisdiction’. It means – the President of India can refer any matter that is of public
that there shall be a Supreme Court of India
only with the approval of the importance or involves interpretation of Constitution to Supreme Court for advice.
constituting of a Chief Justice of India (CJI) and,
President. This provision is only Article of 137 of the Constitution states that the Supreme Court shall have the power to review any judgment pronounced
until Parliament by law prescribes a larger number,
optional and not compulsory. This or order made by it.
of not more than seven other Judges.
means that no court can give any Article 144 of the Constitution states that all authorities, civil and judicial, in the territory of India shall act in aid of the
The Jurisdiction of the Supreme Court of India can
direction either to the President or Supreme Court.
broadly be categorised into original jurisdiction,
to the Chief Justice to appoint any The chief instrument through which judicial activism has come into existence in India is Public Interest Litigation (PIL) or
appellate jurisdiction and advisory jurisdiction.
other place as the seat of the Social Action Litigation (SAL).
However, there are other multiple powers of the
Supreme Court. When a case is filed not by aggrieved people, but rather on their behalf, someone else, as it involves a consideration of an
Supreme Court.
issue of public interest, hence, it is known as Public Interest Litigation (PIL) or Social Action Litigation (SAL).
MIND-MAP
JUDICIARY PART 2- JUDICIAL REVIEW,

JUDICIAL ACTIVISM AND PIL
JUDICIAL REVIEW JUDICIAL
NEED FOR JUDICIAL PUBLIC INTEREST
REVIEW ACTIVISM LITIGATION (PIL)
Judicial review is the power of the judiciary to

examine the constitutionality of legislative
enactments and executive orders of both the
Central and State governments. On Judicial activism denotes a
examination, if they are found to be violative of Judicial review is needed more active role taken by
the Constitution (ultra vires), they can be for the following reasons: Judiciary to dispense social
declared as illegal, unconstitutional and invalid To uphold the principle justice. When we speak of Public interest Litigation (PIL) means
(null and void) by the judiciary. Consequently, of the supremacy of the Judicial Activism, we point litigation filed in a court of law, for the
they cannot be enforced by the Government. Constitution. fingers to the invented protection of “Public Interest”, such as
Justice Syed Shah Mohamed Quadri has To maintain federal mechanisms which have no Pollution, Terrorism, Road safety,
classified the judicial review into the following equilibrium (balance constitutional backing (Eg: Suo Constructional hazards etc. Any matter
three categories: between the Centre and moto (on its own) cases, Public where the interest of public at large is
Judicial review of constitutional the states). Interest Litigations (PIL), new affected can be redressed by filing a Public
amendments. To protect the doctrines etc). Interest Litigation in a court of law.
Judicial review of legislation of the Fundamental Rights of Judicial Activism has no Public interest litigation is not defined in
Parliament and State Legislatures and the citizens. constitutional articles to any statute or in any act. It has been
subordinate legislations. support its origin. Indian interpreted by judges to consider the intent
Judicial review of administrative action of Judiciary invented it. There is a of public at large.
the Union and State and authorities under similar concept in the United The original purpose of PILs has been to
the state. States of America. make justice accessible to the poor and the
The power of judicial review is evoked to Suo Motto cases and the marginalised.
protect and enforce the fundamental rights innovation of the Public Interest It is an important tool to make human rights
guaranteed in Part III of the Constitution. Litigation (PIL), with the reach those who have been denied rights.
Article 13 of the Constitution prohibits the discontinuation of the principle It democratises the access of justice to all.
Parliament and the state legislatures from of Locus Standi, have allowed Any citizen/agency who is capable can file
making laws that “may take away or abridge the Judiciary to intervene in petitions on behalf of those who cannot or
the fundamental rights” guaranteed to the many public issues, even when do not have the means to do so.
citizens of the country. there is no complaint from the It helps in judicially monitoring state
The provisions of Article 13 ensure the concerned party. institutions like prisons, asylums, protective
protection of the fundamental rights and Although the earlier instances homes, etc.
consider any law “inconsistent with or in of Judicial Activism was It is an important tool in judicial review.
derogation of the fundamental rights” as void. connected with enforcing
Under Article 13, the term ‘law’ includes any Fundamental Rights, nowadays,
“Ordinance, order, bye-law, rule, regulation, Judiciary has started interfering
notification, custom or usage” having the force in the governance issues as
of law in India. well.
MIND-MAP
The highest judicial court in a state is the The district judge is the highest judicial authority in the district. He possesses
The state
High Court. It is termed as the second- The appointment, posting judiciary The Administrative Tribunals
original and appellate jurisdiction in both civil as well as criminal matters. In other and promotion of district consists of a
highest in the country after Supreme Court words, the district judge is also the sessions judge. When he deals with civil Act of 1985 empowers the
judges in a state are made by high court Central government to
of India. Currently, India has 25 High Courts cases, he is known as the district judge and when he hears the criminal cases, he the governor of the state in and a establish the State
established in different states of the is called as the sessions judge. The district judge exercises both judicial and consultation with the high hierarchy of
administrative powers. He also has supervisory powers over all the subordinate Administrative Tribunals
country. court. subordinate (SATs) on specific request of
courts in the district. Appeals against his orders and judgements lie to the High A person to be appointed as courts, also
Court. The sessions judge has the power to impose any sentence including life the concerned state
district judge should have known as governments. So far (2019),
imprisonment and capital punishment (death sentence). However, a capital the following qualifications: lower courts.
punishment passed by him is subject to confirmation by the High Court, whether the SATs have been set up in
He should not already be The the nine states of Andhra
there is an appeal or not. in the service of the subordinate
Below the District and Sessions Court stands the Court of Subordinate Judge on Pradesh, Himachal Pradesh,
INDIAN HIGH COURT ACT, 1861 INTRODUCTION
the civil side and the Court of Chief Judicial Magistrate on the criminal side. The
Central or the state courts are so Odisha, Karnataka, Madhya
government. called Pradesh, Maharashtra, Tamil
subordinate judge exercises unlimited pecuniary jurisdiction over civil suits. The He should have been an because of
chief judicial magistrate decides criminal cases which are punishable with Nadu, West Bengal and Kerala.
advocate or a pleader for their However, the Madhya
imprisonment for a term up to seven years. seven years. subordinatio Pradesh, Tamil Nadu and
He should be n to the state Himachal Pradesh Tribunals
High courts established at Calcutta, Bombay & recommended by the high court. have since been abolished.
Madras. Constitution states that there shall be high court for They The chairman and members
HC in every state, but, parliament has the appointment. function of the SATs are appointed by
power to establish a common HC for 2 or more below and the president after
JURISDICTION OF under the
states (At present 25 HCs in India). consultation with the
Strength of HC is flexible (Unlike SC – which SUBORDINATE APPOINTMENT OF high court at governor of the state
SUBORDINATE district and concerned.
can be increased by parliament) COURTS DISTRICT JUDGES lower levels. The act also makes a
President may from time to time appoint COURTS provision for setting up of
judges of HC, keeping in view amount of work joint administrative tribunal
before HC
JUDICIARY PART 3- HIGH

(JAT) for two or more states.
STATE A JAT exercises all the
ADMINISTRATIVE jurisdiction and powers
exercisable by the
APPOINTMENT OF TRIBUNALS
COURT, TRIBUNALS AND

administrative tribunals for
JUDGES such states.
ELIGIBILITY CRITERIA Article 323 A empowers the Parliament to provide for
SUBORDINATE COURTS
FOR HIGH COURT JUDGE HIGH COURT the establishment of administrative tribunals for the
TRIBUNALS adjudication of disputes relating to recruitment and
The judges of a JURISDICTION conditions of service of persons appointed to public
high court are services of the Centre, the states, local bodies, public
appointed by corporations and other public authorities.
the President. There are certain eligibility criteria In other words, Article 323 A enables the Parliament to
The chief that need to be fulfilled to be take out the adjudication of disputes relating to service
appointed as a judge in any High court Original Jurisdiction – In such kind of cases the matters from the civil courts and the high courts and
justice is applicant can directly go to the High Court and does place it before the administrative tribunals.
appointed by in India.
Given below are the set of eligibility not require to raise an appeal. It is mostly applicable TENURE OF In pursuance of Article 323 A, the Parliament has
the President for cases related to the State Legislative Assembly, passed the Administrative Tribunals Act in 1985. The act
after criteria mandatory for the marriages, enforcement of fundamental rights and JUDGES authorises the Central government to establish one
appointment of High Court judges: transfer cases from other courts. Central administrative tribunal and the state
consultation
Any of the given qualifications must ACTING CHIEF administrative tribunals. This act opened a new chapter
with the chief Power of Superintendence – It a special power
be fulfilled: enjoyed only by High Court and no other subordinate JUSTICE in the sphere of providing speedy and inexpensive
justice of India court has this power of superintendence. Under this, justice to the aggrieved public servants.
and the The person should have been a The Constitution has not fixed the
Barrister for more than five years the High Court holds the right to order its subordinate tenure of a judge of a high court.
governor of the offices and courts the way of maintaining records, However, it makes the following
state Has been a civil servant for over 10 prescribe rules for holding proceedings in the court
years along with serving the Zila four provisions in this regard: The President can appoint a judge of a high court as an
concerned. For and also settle the fees paid to sheriff clerks, officers He holds office until he attains acting chief justice of the high court when:
appointment of court for at least 3 years and legal practitioners. PROCEDURE FOR
the age of 62 years5. Any The office of chief justice of the high court is vacant; or
other judges, A person who has been a pleader Court of Record – It involves recording the questions regarding his age is REMOVAL OF The chief justice of the high court is temporarily absent;
the chief for over 10 years in any High Court. judgments, proceedings and acts of high courts for to be decided by the president or
No judge should be of more than 62 perpetual memory. These records cannot be further after consultation with the
JUDGES The chief justice of the high court is unable to perform
justice of the questioned in any court. It has the power to punish
concerned high years of age chief justice of India and the the duties of his office.
for contempt of itself. decision of the president is
court is also The law states that every state must Appellate Jurisdiction – This is for cases where
have a separate High Court, however, final.
consulted. In people have risen a complaint about a review of the He can resign his office by
case of a there still are certain states that do judgement given by the district level or subordinate writing to the president. The initial removal motion to be signed by 100 members in Lok Sabha or by 50
common high not have an individual High Court. For court of that territory. This power is further divided He can be removed from his members of Rajya Sabha and be presented to the speaker/ chairman of the house.
example – both Punjab and Haryana into two categories: office by the President on the The speaker has the option of either accepting or rejecting the motion
court for two Civil Jurisdiction – this includes orders and If it is accepted a committee would be constituted to investigate the matter
or more states, come under the jurisdiction of Punjab recommendation of the
High Court sitting at Chandigarh. judgements of the district court, civil district Parliament. The committee so constituted consists of chief justice or judge of Supreme Court,
the governors court and subordinate court He vacates his office when he chief justice of high court and a distinguished jurist.
of all the states Besides, there is a common High Court Criminal Jurisdiction – this includes judgements If the committee ascertains the guilty of the judge then the houses take up the issue.
for seven states – Assam, Nagaland, is appointed as a judge of the
concerned are and orders of the sessions court and additional Supreme Court or when he is If the motion is passed in each house of the parliament by a special majority then the it
consulted by Manipur, Tripura, Meghalaya, sessions court. transferred to another high is later presented to the President for his assent.
the president. Arunachal Pradesh and Mizoram. court. The President then passes order for removal of judge. The judge is considered removed
from that day. (In fact no judge has been removed till now)
MIND-MAP
In the time of the Rig-Veda (1700 BC), evidence A three-tier structure of the Indian administration for
suggests that self-governing village bodies called The provisions of part IX are not applicable to fifth schedule areas.
rural development is called Panchayati Raj. The aim of The Parliament can extend this part to such areas with medication and exceptions as it
‘sabhas’ existed. With the passage of time, these bodies Panchayati Raj is to develop local self-governments in
became panchayats (council of five persons). may specify.
districts, zones, and villages. Under these provisions, Parliament enacted Provisions of the Panchayats (Extension to
The village panchayat, as a system of administration, It was constitutionalised through the 73rd
began in the British days, as their offer to satisfy the the Scheduled Areas) Act, popularly known as PESA act or the extension act.
demands for local autonomy. They opened up the Constitutional Amendment Act of 1992. Objectives of PESA act
governance of the lowest levels to the citizens. The GoI There were a number of committees appointed by the To extend the provisions of part IX to the scheduled areas.
act, 1935 also authorizes the provinces to enact government of India to study the implementation of To provide self-rule for the tribal population.
legislations. self-government at the rural level and also recommend To have village governance with participatory democracy
Even though such minor forms of local governance was steps in achieving this goal. To evolve participatory governance consistent with the traditional practices.
evident in India, the framers of the constitutions, To preserve and safeguard traditions and customs of tribal population.
unsatisfied with the existing provisions, included Article To empower panchayats with powers conducive to tribal requirements.
40 among the Directive Principles, whereby: “The state To prevent panchayats at a higher level from assuming powers and authority of
shall take steps to organize village panchayats and panchayats at a lower level.
endow them with such powers and authority as may be
necessary to enable them to function as units of self-
government.”
Later, the conceptualisation of the system of local self-
government in India took place through the formation INTRODUCTION
and effort of four important committees from the year PESA ACT OF 1996
1957 to 1986.
The acts of 1992 added two
new parts IX and IX-A to the
PANCHAYATI RAJ SYSTEM constitution.
It also added two new
JUDICIARY PART 4-
BACKGROUND UNDER 73RD AND 74TH
schedules – 11 and 12 which
CONSTITUTIONAL contains the lists of
AMENDMENT ACTS, 1992 functional items of
The committee was appointed in 1957, to examine and Panchayats and
PANCHAYATI RAJ
suggest measures for better working of the
Community Development Programme and the Municipalities.
National Extension Service. It provides for a three-tier
The committee suggested the establishment of a system of Panchayati Raj in
democratic decentralised local government which every state – at the village,
came to be known as the Panchayati Raj. BALWANT RAI MEHTA L M SINGHVI COMMITTEE & intermediate and district
Recommendations by the committee:
Three-tier Panchayati Raj system: gram panchayat, COMMITTEE & PANCHAYATI PANCHAYATI RAJ (1986) levels.
Panchayati Samiti and Zila Parishad. RAJ (1957)
Planning and development are the primary objectives
of the Panchayati Raj system.
Directly elected representatives to constitute the
gram panchayat and indirectly elected
representatives to constitute the Panchayat Samiti Constituted by the Rajiv Gandhi government on ‘Revitalisation of
and Zila Parishad. ASHOK MEHTA COMMITTEE & Panchayati Raj institutions for Democracy and Development’, its
District collector to be made the chairman of the Zila PANCHAYATI RAJ (1977-1978) important recommendations are:
Parishad. Nyaya Panchayats to be established for clusters of villages
Panchayat Samiti should be the executive body and
Zila Parishad will act as the advisory and supervisory Constitutional recognition for PRI institutions.
body. Though the 64th Constitutional Amendment bill was introduced in
It also requested for provisioning resources so as to the Lok Sabha in 1989 itself, Rajya Sabha opposed it.
help them discharge their duties and responsibilities. G V K RAO COMMITTEE & It was only during the Narasimha Rao government’s term that the
PANCHAYATI RAJ (1985) idea finally became a reality in the form of the 73rd and 74th
Constitutional Amendment acts, 1992.
The committee was constituted by the Janata government of the time to study
Panchayati Raj institutions.
Out of a total of 132 recommendations made by it, the most important ones are:
Political parties should participate at all levels in the elections. The committee was appointed by the planning commission in 1985.
Three-tier system to be replaced by a two-tier system. It recognised that development was not seen at the grassroots level due to bureaucratisation resulting in Panchayat Raj Institutions
Zila Parishad to be made responsible for planning at the state level. addressed as ‘grass without roots’.
Compulsory powers of taxation to be given to these institutions. Hence it made some key recommendations which are as follows:
Constitutional recognition to be given to Panchayati Raj institutions. The district and the lower level of the Panchayati Raj system to be assigned with specific planning, implementation and monitoring
A minister for Panchayati Raj to be appointed by the state council of ministers. of the rural developmental programmes.
Unfortunately, the Janata government collapsed before action could be taken Zila Parishad to be the most important body in the scheme of democratic decentralisation. Zila Parishad to be the principal body to
on these recommendations. manage the developmental programmes at the district level.
Elections to the levels of Panchayati Raj systems should be held regularly.
Post of District Development Commissioner to be created. He will be the chief executive officer of the Zila Parishad.
MIND-MAP
In August 1989, the Rajiv Gandhi government The term ‘Urban Local Government’ in India signifies the governance of an
introduced the 65th Constitutional Amendment Bill urban area by the people through their elected representatives. The
(i.e., Nagarpalika Bill) in the Lok Sabha. The bill jurisdiction of an urban local government is limited to a specific urban TYPE OF URBAN
aimed at strengthening and revamping the area which is demarcated for this purpose by the state government.
municipal bodies by conferring a constitutional There are eight types of urban local governments in India– GOVERNMENTS
status on them. Although the bill was passed in the municipal corporation, municipality, notified area committee, town area
Lok Sabha, it was defeated in the Rajya Sabha in committee, cantonment board, township, port trust and special purpose
October 1989 and hence, lapsed. agency.
The National Front Government under V P Singh The system of urban government was constitutionalised through the Municipality: The municipalities are established for the administration of towns and
introduced the revised Nagarpalika Bill in the Lok 74th Constitutional Amendment Act of 1992. At the Central level, the smaller cities. They are known by various other names like municipal council, municipal
Sabha again in September 1990. However, the bill subject of ‘urban local government’ is dealt with by the following three committee, municipal board, borough municipality, city municipality and others. In
was not passed and finally lapsed due to the ministries: composition they are quite similar to municipal corporations except that head of council
is called President /chairman and in place of commissioner they have a chief executive
dissolution of the Lok Sabha. P V Narasimha Rao’s Ministry of Housing and Urban Affairs. officer/chief municipal officer.
Government also introduced the modified Ministry of Defence in the case of cantonment boards Municipal Corporation: Municipal corporations are created for the administration of big
Municipalities Bill inthe Lok Sabha in September Ministry of Home Affairs in the case of Union Territories cities like Delhi, Mumbai, Hyderabad and others. A Municipal Corporation has three
1991. It finally emerged as the 74th Constitutional authorities namely, the council (legislative wing of the corporation), the standing
Amendment Act of 1992 and came into force on 1 committee (to facilitate the working of the council) and the commissioner (chief
June 1993. executive authority of the corporation).The council consist of councillors directly
elected by people and is headed by a Mayor while the Commissioner is appointed by
state government and is generally an IAS officer.
INTRODUCTION Town Area Committee: It is set up by a separate act of state legislature for the
administration of a small town. It is a semi-municipal authority entrusted with limited
number of civic functions. It may be wholly elected or wholly nominated or partly
CONSTITUTIONALISATION elected and partly nominated as provided by state government.
Notified Area Committee: A notified area committee is created for the administration of
two types of areas- a fast developing town due to industrialisation, and a town which
does not yet fulfill all the conditions necessary for the constitution of a municipality, but
JUDICIARY PART 5-
which otherwise is considered important by the state government. It is called so
because it is created by a notification and unlike the municipality it is an entirely
The act created 3 types of municipalities. nominated body, i.e. all members, including the Chairman, are nominated by the state
Nagar Panchayat government. Thus, it is neither a statutory body (created by law) nor an elected body.
Municipal Council Cantonment Board: It is established for municipal administration for civilian population
Municipal Corporation in the cantonment areas (area where military forces and troops are permanently
MUNICIPALITIES
Article 243Q makes it obligatory for every state to stationed). It is set up under the provisions of the Cantonment Act, 2006 by central
constitute such units.
Municipal council is a smaller urban area. government and works under Defence ministry of central government. It is partly
Nagar Panchayat is a transitional area. This is an area in elected and partly nominated body having the Military officer commanding the station
transition from a rural to an urban area. as its ex-officio President. Vice president is elected amongst by the elected members of
A Municipal Corporation is a larger urban area. board. The executive officer of the cantonment board is appointed by the President of
To conduct elections at regular intervals entire municipal SALIENT FEATURES OF THE India.,
area is divided into wards. Port Trust: The port trusts are established in the port areas like Mumbai, Kolkata,
The members of a municipality shall be elected directly by 74TH AMENDMENT ACT Chennai and so on for two purposes: (a) to manage and protect the ports; (b) to provide
the people. civic amenities. It is created by an Act of Parliament and it consists of both elected and
The legislature of a State may by law provided for nominated members.
representation in the municipality with persons of special Township: It is established by large public enterprises to provide civic amenities to its
knowledge or experience in Municipal administration staff and workers, who live in the housing colonies built near the plant. It is not an
Members of Lok sabha – representing the constituency of elected body and all members, including the town administrator, is appointed by the
that area.
Members of Rajya Sabha – registered as an elector in the enterprise itself.
municipal area. COMPOSITION Special Purpose Agency: The states have set up certain agencies to undertake
Members of State Assembly – representing the designated activities or specific functions that legitimately belong to the domain of
constituency of that area. municipal corporations, municipalities or other local urban governments. In other words,
Members of Legislative Council – registered as an elector in these are function based, not area based. They are known as ‘single purpose’, ‘uni-
the municipal area. purpose’ or ‘special purpose’ or ‘functional local bodies’ like town improvement trust,
The chairpersons of committees other than ward POWERS AND housing boards, pollution control boars etc. They are established as statutory bodies by
committees. FUNCTIONS an act of state legislature or as departments by an executive resolution. They function as
an autonomous body and are not subordinate agencies to local municipal bodies.
All the members of a municipality shall be elected directly by the people of the
municipal area. For this purpose, each municipal area shall be divided into The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as
territorial constituencies to be known as wards. The state legislature may provide institutions of self-government. Legislatures of States have been Conferred the Power to Confer on the Municipalities all Such Powers
the manner of election of the chairperson of a municipality. It may also provide and authority as may be necessary to enable them to function as institutions of self-government. It has specifically been mentioned
for the representation of the following persons in a municipality. that they may be given the responsibility of:-
Persons having special knowledge or experience in municipal administration Preparation of plans for economic development and Social Justice.
without the right to vote in the meetings of municipality. Implementation of Schemes as may be entrusted to them, and
The members of the Lok Sabha and the state legislative assembly representing In regard to matters listed in the 12th Schedule. This Schedule Contains 18 items, e.g., Urban Planning, Regulation of Land Use, Roads
constituencies that comprise wholly or partly the municipal area. and Bridges, Water Supply, Public Health, Fire Services Urban Forestry, Slums etc.
The members of the Rajya Sabha and the state legislative council registered as A State Legislature may by law authorize a Municipality to levy, Collect and appropriate taxes, duties, tolls etc.
electors within the municipal area. The law may lay down the limits and prescribe the procedure to be followed. It Can also assign to a Municipality Various taxes, duties
The chairpersons of committees (other than wards committees). etc. Collected by the State Government.
Grants-in-aid may be given to the Municipalities, from the Consolidated Fund of the State.
Federalism is a system of government in which powers have been
MIND-MAP
divided between the centre and its constituent parts such as states
or provinces.
It is an institutional mechanism to accommodate two sets of politics, The parliamentary system has the following advantages over
one at the centre or national level and second at the regional or the presidential system:
provincial level. President has the executive power and is directly voted upon by the people. The
In a federation system, there are two seats of power that are President is answerable to the voters rather than the legislature. Represents Diverse Group: The parliamentary form of
autonomous in their own spheres. While, in a parliamentary system, the legislature holds supreme power. The prime government provides opportunity to various ethnically,
A federal system is different from a unitary system in that minister is chosen by members of the legislature and in practice is the leader of racially, linguistically and ideologically diverse groups to share
sovereignty is constitutionally split between two territorial levels so the majority party in the legislature. The prime minister along with his cabinet their views in framing of laws and policymaking. Countries,
that each level can act independently of each other in some areas. such as India, which have high level of diversity enables
members must also belong to the legislature, and they are individually and
collectively responsible to the legislature. accommodation by providing political space to various diverse
sections of the society.
Better Co-Ordination Between Legislature and Executive: The
executive is a part of the legislature. As the government
TYPES OF FEDERATIONS FEDERALISM enjoys the support of majority of members in the lower house,
the tendency of disputes and conflicts decreases. It makes
easy for the government to pass the legislation in the
parliament and implement them.
DIFFERENCES BETWEEN PRESIDENTIAL SYSTEM Prevents Authoritarianism: In a parliamentary system, the
tendency of authoritarianism decreases as the power is vested
Holding Together Federation – in this type, powers AND THE PARLIAMENTARY DEMOCRACY in the council of minister rather than a single individual. The
are shared between various constituent parts to parliament can remove the government through no-
accommodate the diversity in the whole entity. Here, confidence motion.
powers are generally tilted towards the central Responsible Government: The parliament can check the
authority. Example: India, Spain, Belgium. activities of the executive as the latter is responsible to the
Coming Together Federation – in this type, former. In a presidential system, the president is not
independent states come together to form a larger ADVANTAGES OF responsible to the legislature. The members of the parliament
unit. Here, states enjoy more autonomy as compared PARLIAMENTARY can ask question, move resolutions, and discuss matters of
to the holding together kind of federation. Example: SYSTEM public importance to pressurize the government. Such
provisions are not available in Presidential system.
CONCEPT OF FEDERALISM PART

USA, Australia, Switzerland.
Availability of Alternate Government: The lower house of the
parliament can introduce and pass a no-confidence motion. In
FEATURES OF THE such a situation, the head of the state invites the leader of the
1- FEDERALISM AND
FEDERAL SYSTEM OF opposition party to form the government. In the United
Governments at least two levels Kingdom, the opposition forms a shadow cabinet for the
Division of powers between various INDIA cabinet of the government, so that they can become ready for
PARLIAMENTARY FORM OF
levels the role.
Rigidity of constitution
Independence judiciary
GOVERNMENT
Dual citizenship Nominal and Real Head
Bicameralism ELEMENTS AND FEATURES OF Executive is a Part of Legislature
All federations might not have all the PARLIAMENTARY SYSTEM Majority Party Rule
Collective Responsibility
above features. Some of them may be Prime Minister as the Centre of Power
incorporated depending on what type of FEDERALISM IN A Parliamentary Opposition.
federation it is. Independent Civil Service
INDIA Bicameral Legislature
Secrecy
India is a federal system but with more tilt towards a
unitary system of government. It is sometimes STRENGTH OF
considered a quasi-federal system as it has features INDIA’S CRITICAL APPRAISAL OF
of both a federal and a unitary system. Article 1 of the PARLIAMENTARY
Indian Constitution states, ‘India, that is Bharat, shall FEDERAL FEDERALISM INDIAN FEDERALISM
be a union of states’. The word federation is not
SYSTEM IN INDIA
FEATURES OF THE
mentioned in the constitution. INDIAN UNION
Elements of federalism were introduced into
modern India by the Government of India Act of
1919 which separated powers between the centre
and the provincial legislatures. Horizontal and vertical power Though, India has adopted federal form of government, but it does not The democratic system of government can be divided
sharing follow certain principles of federalism. Our constitution has made centre into the parliamentary and the presidential system
Independent judiciary more powerful which is in resemblance to the feature of unitary based on the relationship between the executive and
Written constitution government. These features have been mentioned here: the legislature. In a parliamentary system, executive is
Governments at two levels – centre and states Supremacy of constitution Not a rigid constitution a part of legislature, which implements the law and
Division of powers between the centre and states – there are three lists Bicameralism Centre more powerful plays an active role in framing it as well.
given in the Seventh Schedule of the Constitution which gives the Unequal representation of states in Upper House In a parliamentary system, the head of the state may
subjects each level has jurisdiction in: Executive is a part of legislature be a monarch or a president, but both of these
Union List Lok Sabha more powerful than Rajya Sabha positions are ceremonial. The head of the government,
State List Emergency Powers who is generally called as the Prime Minister, is the real
Concurrent List Integrated judiciary head. Thus, all the real executive powers are vested in
Supremacy of the constitution – the basic structure of the constitution Single citizenship the Prime Minister.
is indestructible as laid out by the judiciary. The constitution is the Appointment of governor The parliamentary government is also called as the
supreme law in India. All India Services Cabinet government due to concentration of executive
Independent judiciary – the constitution provides for an independent States not indestructible powers in the cabinet. Articles 74 and 75 deals with the
and integrated judiciary. The lower and district courts are at the bottom Veto over states bill parliamentary system at the centre and Article 163 and
levels, the high courts are at the state levels and at the topmost position Integrated Election Machinery article 164 deals with the Parliamentary system at the
is the Supreme Court of India. All courts are subordinate to the Integrated Audit Machinery states.
Supreme Court. Authority to remove key functionaries
MIND-MAP
Articles 255to 263 describe Administrative relations.
In August 1989, the Rajiv Gandhi government
Article 256 states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws
introduced the 65th Constitutional Amendment Bill
which apply in that state. And the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to
(i.e., Nagarpalika Bill) in the Lok Sabha. The bill
be necessary for that purpose.
aimed at strengthening and revamping the
Article 257(1) states that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the
municipal bodies by conferring a constitutional
Union,and the executive power of the union shall extend to thee giving of such directions to a state as many appear to the government of India to be necessary for
status on them. Although the bill was passed in the
that purpose.
Lok Sabha, it was defeated in the Rajya Sabha in
Article 258(2) states that a law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the
October 1989 and hence, lapsed.
Legislature of the State has no power to make laws, confer powers and impose duties,or authorize the conferring of powers and the imposition of cuties,upon the
The National Front Government under V P Singh
State or officers and authorities thereof.
introduced the revised Nagarpalika Bill in the Lok
Article 261(3) states that final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere
Sabha again in September 1990. However, the bill
within that territory according to the law.
was not passed and finally lapsed due to the
Artice 262(1) states that Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use.distribution or control of the
dissolution of the Lok Sabha. P V Narasimha Rao’s
waters of,or in,any lnter-state or river valley.
Government also introduced the modified
Artidle 262(2) states that notwithstanding anything in this Constitution,Parliament may be law provide that neither the Supreme Court nor any other court shall
Municipalities Bill inthe Lok Sabha in September
exercise jurisdiction in respect of any such dispute or complaint as is reffered to in clause (1)
1991. It finally emerged as the 74th Constitutional
Amendment Act of 1992 and came into force on 1
June 1993.
ADMINISTRATIVE
RELATIONS
CONCEPT OF
CENTRE STATE RELATIONS
Taxes and duties levied by the Union, but collected and appropriated by the
FEDERALISM PART 2-
Articles 245 to 255 describe Legislative relations. States: (Art. 268).
Article 245(1)states that Subject to the provisions of Service tax levied by the Centre, but collected and appropriated by the
this Constitution,Parliament may make laws for the Centre and the States:
whole or any part of the territory of India,and the Taxes levied and collected by the Union, but assigned to the States within
CENTRE STATE
Legislature of a State may make laws for the whole or which they are leviable (Art.269):
any part!of the State.
Article 245(2)states that no law made by Parliament Taxes levied and collected by the Union and distributed between the Union
shall be deemed to be invalid on the ground that it and the States (Art.270):
would have extra-territorial operation. Surcharge on certain taxes (Art.271):
RELATIONS
Article 246 states that the Parliament has exclusive LEGISLATIVE Taxes levied and collected and retained by the states: These are the taxes
power to make laws with respect to any of the enumerated in the State List (20 in number) and belong to the States
matters enumerated in ListI(i.e.Union List)and List RELATIONS exclusively.
lll(i.e.Concurrent List)of the seventh schedule. Grants-in-Aid:
Article 248 states that the Parliament has exclusive The Parliament may make grants-in-aid from the Consolidated Fund of
power to make any law with respect to any matter not India to such States as are in need of assistance (Art.275), particularly for
enumerated in the Concurrent List or State List. the promotion of welfare of tribal areas, including special grant to Assam.
Further,Article 250 states that notwithstanding Loans: The Union Government may provide loan to any State or give
anything in this Chapter,Parliament shall,while a FINANCIAL RELATIONS
guarantees with respect to loans raised by any State.
Proclamation of Emergency is in operation,have Previous sanction of the President (Art 274):
power to make laws for the whole or any part of the No Bill or amendment can be introduced or moved in either House of
territory of India with respect to any of the matters Parliament without the previous sanction of the President, if:
enumerated in the State List.
It imposes or varies any tax in which the States are interested; or
It varies the meaning of the expression “Agricultural Income” as defined in
the Indian Income-Tax Act; or
It affects the principles on which money are distributed to the States; or
ARTICLE 268 TO 293 It imposes a surcharge on the State taxes for the purpose of the Union.
Articles 268 to 293 describe According to Article 301, Freedom of Trade, Commerce and Intercourse
financial relations throughout the territory of India is guaranteed, but Parliament has the
Article 268 describes the duties power to impose restrictions in public interest.
levied by the union but collected Although taxes on income, other than agricultural income, are levied by the
and appropriated by the states Union, yet the State Legislatures can levy taxes on profession, trade, etc.
Article 269 describes the taxes Distribution of non-tax revenues:
levied and collected by the union Non tax revenues from post and telegraph, railways, banking, broadcasting,
but assigned to the states. coinage and currency, central public sector enterprises and escheat (death
Article 270 described the taxes of a person without heir) and lapse (termination of rights) go to the Centre,
levied and distributed between while State receives non-tax revenues from irrigation, forests, fisheries,
the union and states. state public sector enterprises and escheat and lapse (if property is
situated in that state)
MIND-MAP
CONCEPT OF FEDERALISM PART 3- COOPERATIVE

AND COMPETITIVE FEDERALISM
INTRODUCTION
COOPERATIVE CONSTITUTIONAL
FEDERALISM COMPETITIVE FEDERALISM
POSITION
Federalism is derived from the

Latin world foedus, which In Competitive federalism the relationship Article 1 of the Constitution states, “India, that is Bharat, shall be a
means agreement. between the Central and state governments Union of States”. While the Constitution doesn’t mention the term
In fact federation is an is vertical and between state governments “federal”, it does provide for a governance structure primarily
agreement between two types is horizontal. federal in nature.
of governments sharing power This idea of Competitive federalism gained It provides for separate governments at the Union and in the
and controlling their respective In Cooperative federalism the significance in India post 1990s economic states. Further, it specifies and demarcates the powers, functions
spheres. Centre and states share a reforms. and jurisdictions of the two governments. Lastly, it details the
Thus a federation is a system of horizontal relationship, where In a free-market economy, the endowments legislative, administrative and financial relations between the
national and local governments, they “cooperate” in the larger of states, available resource base and their Union and the states.
combined under a common public interest. comparative advantages all foster a spirit of The distribution of legislative powers has been divided into three
sovereignty with both national It is an important tool to competition. Increasing globalisation, lists: the Union List, the State List and the Concurrent List. The
as well as federating units enable states’ participation in however, increased the existing inequalities Union List, comprising the “vital interests of the State”, is the
having autonomous spheres the formulation and and imbalances between states. longest.'
assigned to them by the implementation of national In Competitive federalism States need to On the Union List, Parliament has exclusive powers to legislate.
constitution. policies. compete among themselves and also with While the state has exclusive powers to legislate on the State List,
India opted for quasi-federal Union and the states are the Centre for benefits. in certain situations, Parliament can also do so.
structure after independence. constitutionally obliged to States compete with each other to attract As per the Concurrent List, the issue is more complex.
The term “federal” has not been cooperate with each other on funds and investment, which facilitates In case of a conflict between a state and a Central legislation, the
mentioned in the constitution the matters specified in efficiency in administration and enhances parliamentary legislation shall prevail.
but the working of Indian Schedule VII of the developmental activities. This, coupled with the fact that residuary powers of legislation are
democracy is essentially federal constitution. The investors prefer more developed states vested in the Union, gives a “unitary” tilt to federalism in India.
in structure. for investing their money. Union government A disconcerting trend has been observed since 1950. While the
However, it is the practical devolves funds to the states on the basis of Union and Concurrent Lists have expanded, the State List seems to
working style of federalism, usage of previously allocated funds. have shrunk. This has led many to question the structure of Indian
which brought the concept of Healthy competition strives to improve federalism and to propose its remodelling.
cooperative federalism and physical and social infrastructure within the
competitive federalism in India. state.
Competitive federalism is not part of the
basic structure of Indian constitution. It is
the decision of executives.
MIND-MAP
During the British Rule, certain areas were Under Article 1 of the Constitution, the territory of India comprises three categories of
constituted as ‘scheduled districts’ in 1874. territories:
Later, they came to be known as ‘chief
commissioners provinces’. After independence, territories of the states;
they were placed in the category of Part ‘C’ union territories; and
States and Part ‘D’ Territories. territories that may be acquired by the Government of India at any time.
In 1956, they were constituted as the ‘union At present, there are twenty-nine states, seven union territories and no acquired territories.
territories’ by the 7th Constitutional Amendment The states are the members of the federal system in India and share a distribution of
Act (1956) and the States Reorganisation Act power with the Centre.
(1956). Gradually, some of these union territories The union territories, on the other hand, are those areas which are under the direct control
have been elevated to statehood. and administration of the Central government.
Thus, Himachal Pradesh, Manipur, Tripura, Hence, they are also known as ‘centrally administered territories’.
Mizoram, Arunachal Pradesh and Goa, which are SUPREMACY OF OF LT.
states today were formerly union territories.
On the other hand, the territories that were GOVERNOR VS STATE
acquired from the Portuguese (Goa, Daman and LEGISLATURE
Diu, and Dadra and Nagar Haveli) and the French
(Puducherry) were constituted as the union INTRODUCTION
territories.
BACKGROUND
SC was of the opinion that, Democratically elected
UNION TERRITORIES
government has more powers than the nominated Lt.
governor and Governor is bound by the recommendation
1. Andaman and Nicobar Islands of the Council of Ministers.
2. Chandigarh
3. Dadra and Nagar Haveli and Daman and Diu In the case of difference of opinion between the lt.
4. National Capital Territory of Delhi UNION TERRITORIES governor and his ministers, the lt. governor is to refer the
5. Jammu and Kashmir matter to the president for decision and act accordingly.
6. Lakshadweep OF INDIA Supreme Court held that governance of Delhi cannot rest
7. Ladakh
8. Puducherry. upon the whims of one functionary namely the
Lieutenant-Governor as he cannot refer every matter of
the Delhi Government to the President. This will create
work paralysis.
Cultural distinctiveness—Puducherry, 69TH AMENDMENT
Dadra and Nagar Haveli, and Daman 1991
and Diu. REASONS OF CREATION
Political and administrative OF UTS
consideration—Delhi and Chandigarh.
Special treatment and care of the
backward and tribal people—Mizoram,
Manipur, Tripura and Arunachal UT of Delhi shall be called National capital territory & shall have a legislative assembly with members,
Pradesh which later became states. chosen directly by people from territorial constituencies
Strategic importance—Andaman and ADMINISTRATION OF
Nicobar Islands and Lakshadweep. Assembly shall make laws on matter enumerated in state list (Except matters of Public order, Police &
UTS land)
If any provision of law, made by legislative assembly wrt any matter which is repugnant to any
provision of law made by parliament wrt that matter, then law made by parliament shall prevail & law
Articles 239 to 241 in Part VIII of the Constitution deal with the union territories made by LA shall to the extent of repugnancy, be void
and there is no uniformity in their administrative system. If law made by LA is preserved for consideration of President & has received his assent, then such law
Every union territory is administered by the President through an administrator shall prevail in NCT, however, parliament can make laws adding to, varying or repealing laws made by
appointed by him. LA
Administrator of a union territory is an agent of the Central government and is not There shall be COMs, not more than 1/10th of total members of LA, with CM at its apex to aid & advice
the head of state like a governor. Lt. governor in exercise of his functions
The President can also appoint the governor of a state as the administrator of an In case of difference b/w opinions of COMs & Lt. governor, Lt. governor shall refer it to the President
adjoining union territory. for his decision & shall act according to directions given by President
Not all the UT’s have an administrator, some are directly governed by president
MIND-MAP
Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’
and ‘tribal areas’. According to the 2011 Census, the Scheduled
The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state Tribes account for 104 million representing 8.6% of
except the four states of Assam, Meghalaya, Tripura and Mizoram. the country’s population.
The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern These Scheduled Tribes are spread throughout the
states of Assam, Meghalaya, Tripura and Mizoram. country largely in forest and hilly regions.
Article 244 (1) → Provisions of 5th schedule shall apply to administration & control of schedule areas in every state other than The essential characteristics of these communities
Meghalaya, Tripura, Assam & Mizoram are:-
Article 244 (2) → Provisions of 6th schedule shall apply to administration & control of tribal areas of Meghalaya, Tripura, Assam, & Primitive Traits
Mizoram Geographical isolation
Distinct culture
Shy of contact with community at large
Economically backwards
As in the case of the SCs, the Plan objective of
5TH SCHEDULE- ADMINISTRATION INTRODUCTION empowering the tribals is being achieved through
OF SCHEDULED AREAS a three-pronged strategy of social empowerment,
economic empowerment and social justice.

SCHEDULED TRIBES
IN INDIA
Governor of each state having scheduled areas have to SCHEDULED AND

TRIBAL AREAS IN
submit a report to the President annually or whenever so
required by the President
Executive powers of union extends to giving directions to
the state regarding administration of these areas
INDIA
A tribal advisory council consisting of not more than 20 TRIBAL AREAS IN INDIA
members should be established in each state having
scheduled areas therein, for their advancement & welfare
Governor is empowered to direct that any particular act of
parliament or state government does not apply to
scheduled areas or if applied, then with specific
modifications & exceptions
Constitution provides for appointment of a commission to
report on administration of scheduled areas & welfare of Assam
scheduled tribes in the state. President can appoint such 6TH SCHEDULE - ADMINISTRATION The North Cachar Hills
commission at anytime but compulsorily after 10 years OF TRIBAL AREAS District.
from commencement of constitution The Karbi Anglong District.
The Bodoland Territorial
Areas District.
Meghalaya
Khasi Hills District.
Jaintia Hills District.
Tribal areas in state of Assam, Meghalaya, Tripura & Mizoram have been constituted as autonomous districts (i.e. falls under the The Garo Hills District.
executive authority of state concerned) Tripura
President at any time by order direct that whole or any specified part of schedule area ceases to be a scheduled area or may increase Tripura Tribal Areas
the scheduled area in state after the consultation with the governor of the state District.
If there are different tribes in an autonomous districts, governor can divide the district into several autonomous regions Mizoram
Each autonomous district has a district council of 30 members + each autonomous region also has a separate regional council The Chakma District.
District & Regional councils are empowered to assess & collect land revenue & impose certain specified taxes
Governor can appoint a commission to examine & report of any matter relating to administration of autonomous district of regions. The Mara District.
He may also dissolve a district or regional council on the recommendation of appointed commission. The Lai District.
MIND-MAP
The Election Commission of India is an autonomous
constitutional authority responsible for administering election
processes in India. The challenge before the commission is to be vigilant and watchful against the collusion at the
The body administers elections to the Lok Sabha, Rajya Sabha, lower level of civil and police bureaucracy in favour of the ruling party of the day. One of the major institutional drawback is non- transparency in
state Legislative Assemblies in India, and the offices of the 2nd ARC report recommended that collegium headed by the Prime Minister with the Speaker of election of CEC and other two commissioners and is based on
President and Vice President in the country. the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy the choice of presiding government.
The Election Commission operates under the authority of Chairman of the Rajya Sabha as members should make recommendations for the consideration Over the years influence of money and criminal elements in
Constitution per Article 324, and subsequently enacted of the President for appointment of the Chief Election Commissioner and the Election politics has increased along with violence and electoral
Representation of the People Act. Commissioners. malpractices resulting in criminalization of politics. The ECI has
The commission has the powers under the Constitution, to act in There is a need to provide more legal support to the commission’s mandate and the processes been unable to arrest this deterioration.
an appropriate manner when the enacted laws make insufficient that support that mandate. The ECI is not adequately equipped to regulate the political
provisions to deal with a given situation in the conduct of an There is need of Safeguards to ensure that ethical and capable people head the commission. parties. The ECI has no power in enforcing inner-party
election. democracy and regulation of party finances.
Being a constitutional authority, Election Commission is amongst There has been rampant abuse of power by the state
the few institutions which function with both autonomy and government who at times make large-scale transfers on the
freedom, along with the country’s higher judiciary, the Union eve of elections and posts pliable officials in key positions,
Public Service Commission and the Comptroller and Auditor using official vehicles and buildings for electioneering, flouting
General of India. CONCLUSION the ECI’s model code of conduct.
Founded in 1950. Initially had only one Election Commissioner In the recent years, an impression is gaining ground that the
Two additional Commissioners were appointed to the Election Commission is becoming less and less independent of
commission for the first time on 16 October 1989 but they had a the Executive which has impacted the image of the institution.
very short tenure, ending on 1 January 1990. ABOUT ECI - ELECTION MAJOR CHALLENGES There have been allegations of EVMs malfunctioning, getting
The Election Commissioner Amendment Act, 1989 made the COMMISSION OF INDIA hacked and not registering votes which corrodes general
commission a multi-member body. The concept of a 3-member masses trust from the institution.
ELECTION
Commission has been in operation since then, with the decisions
being made by a majority vote.
At Centre: The Chief Election Commissioner and the two Election
Commissioners who are usually retired IAS officers draw salaries
and allowances as per with those of the Judges of the Supreme
COMMISSION OF
Court of India as per the Chief Election Commissioner and other FUNCTIONS OF ECI
Election Commissioners (Conditions of Service) Rules, 1992.
At the state level: Election Commission is assisted by the Chief
Electoral Officer of the State, who is an IAS officer of Principal
Secretary rank. At the district and constituency levels, the
INDIA (ECI)
District Magistrates (in their capacity as District Election Guardian of Indian Electoral procerss: The Election Commission
Officers), Electoral Registration Officers and Returning Officers is regarded as the guardian of elections in the country. In every
perform election work. election, it issues a Model code of Conduct for political parties
and candidates to conduct elections in a free and fair manner.
Issues Model Code of Conduct: The commission issued the
code for the first time in 1971 for the 5th Lok Sabha elections
and revised it from time to time.
Article 324-Superintendence, ARTICLES It lays down guidelines for the conduct of political parties and
STRUCTURE OF candidates during an election period.
direction and control of RELATED TO ECI However, there have been instances of violation of the code by
elections to be vested in an THE COMMISSION
Election Commission. various political parties with complaints being received for
Article 325-No person to be
TERM OF OFFICE AND misuse of official machinery by the candidates.
ineligible for inclusion in, or to REMOVAL FROM OFFICE The code does not have any specific statutory basis but only a
claim to be included in a special, persuasive effect.
electoral roll on grounds of Originally the commission had only one election commissioner but It contains the rules of electoral morality. However, this lack of
religion, race, caste or sex. after the Election Commissioner Amendment Act 1989, it has been statutory backing does not prevent the commission from
Article 326-Elections to the made a multi-member body. enforcing it.
6 years or upto 65 years, whichever is Registration of Political Parties: A law regarding the registration
House of the People and to the The commission consists of one Chief Election Commissioner and two earlier
Legislative Assemblies of States Election Commissioners. process for political parties was enacted in 1989 and a number
The Chief Election Commissioner of India of parties got registered with the commission.
to be on the basis of adult The secretariat of the commission is located in New Delhi. can be removed from his office similar to
suffrage. At the state level election commission is helped by Chief Electoral Issuing symbols to Political Parties: The election commission
the removal of a judge of the Supreme has the right to allow symbols to the political parties. It is
Article 327-Power of Parliament Officer who is an IAS rank Officer. Court of India which requires a resolution
to make provision with respect The President appoints Chief Election Commissioner and Election noteworthy that Election commission cannot allot same symbol
passed by the Parliament with a two-thirds to two regional political parties even if they are not in the same
to elections to Legislatures. Commissioners. majority in both the Lok Sabha and the
Article 328-Power of They have a fixed tenure of six years, or up to the age of 65 years, state.
Rajya Sabha on the grounds of proved Recognition to Political Parties: It gives recognition to the
Legislature of a State to make whichever is earlier. misbehavior or incapacity.
provision with respect to They enjoy the same status and receive salary and perks as available to national parties, state parties and regional parties.
Other Election Commissioners can be Setting limits on expenditure: It set limits on poll expenses.
elections to such Legislature. Judges of the Supreme Court of India. removed by the President of India on the
Article 329-Bar to interference The Chief Election Commissioner can be removed from office only Preparing and updating Electoral Rolls: The commission prepare
recommendation of the Chief Election electoral rolls and update the voter's list from time to time.
by courts in electoral matters. through a process of removal similar to that of a Supreme Court judge Commissioner.
for by Parliament. Notifications of dates and schedules of election for filing
A Chief Election Commissioner has never nominations are issued by the commission.
been impeached in India.
The Union Public Service Commission (UPSC) is the
MIND-MAP
central recruiting agency in India.
It is an independent constitutional body in the sense that The following matters are kept outside the functional jurisdiction of the UPSC. In other words, the UPSC is not consulted on the following matters:
it has been directly created by the Constitution. While making reservations of appointments or posts in favour of any backward class of citizens.
Articles 315 to 323 in Part XIV of the Constitution While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts.
contain elaborate provisions regarding the composition, With regard to the selections for chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of
appointment and removal of members along with the group C and group D services.
independence, powers and functions of the UPSC. With regard to the selection for temporary or officiating appointment to a post if the person appointed is not likely to hold the post for more
than a year.
The president can exclude posts, services and matters from the purview of the UPSC. The Constitution states that the president, in respect to the
all-India services and Central services and posts may make regulations specifying the matters in which, it shall not be necessary for UPSC to be
INTRODUCTION consulted. But all such regulations made by the president shall be laid before each House of Parliament for at least 14 days. The Parliament can
amend or repeal them.
CONSTITUTIONAL
PROVISIONS
Article 315 to 323 of Indian Constitution has a

provision for such an agency. LIMITATIONS OF UPSC
According to Act 315 of the constitution of
India, there shall be a permanent Union Public INDEPENDENCE OF UPSC
UNION PUBLIC
Service Commission for appointment to the
various posts of the central government
services.
Similarly, as Act 318 of the constitution of India
also stated that the Union Public Service The Constitution has made the following provisions
SERVICE
Commission will be constituted with a chairman to safeguard and ensure the independent and
and a fixed number of members; the number of impartial functioning of the UPSC:
such members and the terms and conditions of The chairman or a member of the UPSC can be
their service is to be determined by the President removed from office by the President only in the
of India. manner and on the grounds mentioned in the
COMMISSION (UPSC)
The President, as such, appoints the Chairman Constitution. Thus, they enjoy security of
and other members of the commission for a tenure.
period of six years. The conditions of service of the chairman or a
member, though determined by the President,
cannot be varied to his disadvantage after his
COMPOSITION OF appointment.
The entire expenses including the salaries,
The Union Public Service Commission UNION PUBLIC SERVICE allowances, and pensions of the Chairman and
(UPSC) consists of a chairman and ten COMMISSION members of the UPSC are charged on the
members. The terms and conditions of Consolidated Fund of India and are not subject
service of the chairman and members of FUNCTIONS OF UNION EXAMS CONDUCTED BY UNION to the vote of Parliament.
the Commission are governed by the Union The chairman of the UPSC on ceasing to hold
Public Service Commission (Members) PUBLIC SERVICE PUBLIC SERVICE COMMISSION office is not eligible for further employment in
Regulations, 1969. ELIGIBILITY AND
COMMISSION the Government of India or any state.
On 7th August 2020, Pradeep Kumar Joshi TENURE OF CHAIRMAN & A member of the UPSC is eligible for
has been appointed as the chairman of MEMBERS The UPSC is authorized to conduct appointment as the Chairman of UPSC or a
UPSC. He was earlier the member of the The major functions of the Union Public Service various examinations in India and the list State Public Service Commission but not for any
UPSC. He will remain in the UPSC office as Commission (UPSC) under Article Section 320 of exams is given below. other employment in the Government of India
the chairman till 12th May 2021. of the Constitution of India are: Civil Services Examination or any state
Arvind Saxena was the UPSC Chairman To conduct various examinations for the Indian Forest Service Examination The chairman or a member of UPSC is not
before Pradeep Kumar Joshi. His tenure appointment to the services of the Union Engineering Services Examination eligible for reappointment to that office for a
ended on 7th August 2020. Direct Recruitment by selection through Combined Defence Services second term.
interviews Examination
Appointing Department officers on National Defence Academy
promotion, deputation and through Examination
The President of India appoints the Chairman and other members of the absorption Naval Academy Examination
Union Public Service Commission (UPSC). Generally, the members of the Constituting and amending the Recruitment Combined Medical Services
commission are the civil servants with at least 10 years of experience Rules for various services and posts under Examination
either in Central or State service. the Government. Special Class Railway Apprentice
The Commission is examined by a Secretariat led by a Secretary with two Disciplinary cases relating to different Civil Indian Economic Service/Indian
Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries Services Statistical Service Examination
and other assistant staff. About any matter related to the UPSC, they Combined Geoscientist and Geologist
Each member holds office for a term of 6 years or until he attains the age can directly recommend the Government by Examination
of 65 years. the President of Indian Central Armed Police Forces
(Assistant Commandant) Examination
MIND-MAP
Parallel to the Union Public Service Commission (UPSC)
at the Centre, there is a State Public Service Commission The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for
(SPSC) in a state. two or more states.
The same set of Articles (i.e., 315 to 323 in Part XIV) of While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of
the Constitution also deal with the composition, Parliament on the request of the state legislatures concerned. Thus, a JSPSC is a statutory and not a constitutional
appointment and removal of members, power and body. The two states of Punjab and Haryana had a JSPSC for a short period, after the creation of Haryana out of
functions and independence of a SPSC.
Punjab in 1966.
The chairman and members of a JSPSC are appointed by the president. They hold office for a term of six years or
until they attain the age of 62 years, whichever is earlier. They can be suspended or removed by the president.
They can also resign from their offices at any time by submitting their resignation letters to the president.
INTRODUCTION The number of members of a JSPSC and their conditions of service are determined by the president. A JSPSC
presents its annual performance report to each of the concerned state governors. Each governor places the report
before the state legislature.
COMPOSITION OF STATE PUBLIC The UPSC can also serve the needs of a state on the request of the state governor and with the approval of the
SERVICE COMMISSION president. As provided by the Government of India Act of 1919, a Central Public Service Commission was set up in
1926 and entrusted with the task of recruiting civil servants. The Government of India Act of 1935 provided for
the establishment of not only a Federal Public Service Commission but also a Provincial Public Service
Commission and Joint Public Service Commission for two or more provinces.
A State Public Service Commission consists of a chairman and other

members appointed by the governor of the state. The Constitution does not
STATE PUBLIC
specify the strength of the Commission but has left the matter to the JOINT STATE PUBLIC
discretion of the Governor. Further, no qualifications are prescribed for the
commission’s membership except that one-half of the members of the SERVICE COMMISSION
commission should be such persons who have held office for at least ten
SERVICE
years either under the government of India or under the Government of a
state. The Constitution also authorizes the governor to determine the
conditions of service of the chairman and members of the Commission.
The chairman and members of the Commission hold office for a term of six
years or until they attain the age of 62 years , whichever is earlier (in the
COMMISSION (SPSC)
case of UPSC, the age limit is 65 years). However, they can relinquish their
offices at any time by addressing their resignation to the governor.
The governor can appoint one of the members of the SPSC as an acting LIMITATIONS OF SPSC
chairman in the following two circumstances :
When the office of the chairman falls vacant; or
When the chairman is unable to perform his functions due to absence or
some other reason.
The acting chairman functions till the person appointed as chairman enters
on the duties of the office or till the chairman is able to resume his duties.
The following matters are kept outside the
functional jurisdiction of the SPSC. In other
words, the SPSC is not consulted on the
FUNCTIONS OF SPSC following matters:
REMOVAL OF THE While making reservations of appointments
CHAIRMAN OR or posts in favour of any backward class of
citizens.
MEMBERS OF SPSC While taking into consideration the claims of
It conducts examinations for appointments to the services of the state.
scheduled castes and scheduled tribes in
It is consulted on All matters relating to methods of recruitment to civil
making appointments to services and posts.
service and for civil posts i.e. making appointments, promotions and
The governor can exclude posts, services and
transfers from one service to another.
Although the chairman and members of a SPSC are appointed by the matters from the purview of the SPSC.
The suitability of candidates for appointments to civil service and posts; for
governor, they can be removed only by the president (and not by the The Constitution states that the governor, in
promotions and transfers from one service another; and appointments by
governor). The president can remove them on the same grounds and in respect to the state services and posts may
transfer or deputation. The concerned departments make recommendations
the same manner as he can remove a chairman or a member of the UPSC. make regulations specifying the matters in
for promotion and request the SPSC to ratify them.
Thus, he can remove him under the following circumstances: which, it shall not be necessary for SPSC to be
All disciplinary matters affecting a person serving under the government of
If he is adjudged an insolvent (i.e., has gone bankrupt); or consulted.
the state in a civil capacity including memorials petitions relating to such
If he engages, during his term of office, in any paid employment But all such regulations made by the governor
matters.
outside the duties of his office; or shall be laid before each House of the state
Any claim for reimbursement of legal expenses incurred by civil servant in
If he is, in the opinion of the president, unfit to continue in office by legislature for at least 14 days. The state
defending legal proceedings instituted again him in respect of acts done in
reason of infirmity of mind or body . legislature can amend or repeal them.
the execution of his official duties
In addition to these, the president can also remove the chairman or any Thus, the provision is directory and not mandatory. Similarly, the court held
other member of SPSC for misbehaviour. However, in this case, the that a selection by the SPSC does not confer any right to the post upon the
president has to refer the matter to the Supreme Court for an enquiry. candidate. However, the government is to act fairly and without arbitrariness
or malafides.
MIND-MAP
Finance Commission is a constitutional body for the
purpose of allocation of certain revenue resources
between the Union and the State Governments. The Indian federal system allows for the division of power and
It was established under Article 280 of the Indian
Constitution by the Indian President.
responsibilities between the centre and states.
It was created to define the financial relations between Correspondingly, the taxation powers are also broadly divided
the Centre and the states. It was formed in 1951.
between the centre and states. State legislatures may devolve
some of their taxation powers to local bodies.
INTRODUCTION
FUNCTIONS OF THE FINANCE

COMMISSION WHY IS THERE A NEED
FOR A FINANCE
FUNCTIONS OF FINANCE
COMMISSION? COMMISSION
It is the duty of the Commission to make recommendations to The Finance Commission makes
the President as to:
FINANCE
recommendations to the president of India on
the distribution between the Union and the States of the net the following issues:
proceeds of taxes which are to be, or may be, divided between The net tax proceeds distribution to be divided
them and the allocation between the States of the respective between the Centre and the states, and the
shares of such proceeds; allocation of the same between states.
the principles which should govern the grants-in-aid of the The principles governing the grants-in-aid to the
COMMISSION
revenues of the States out of the Consolidated Fund of India; states by the Centre out of the consolidated
the measures needed to augment the Consolidated Fund of a fund of India.
State to supplement the resources of the Panchayats and The steps required to extend the consolidated
Municipalities in the State on the basis of the recommendations fund of a state to boost the resources of the
made by the Finance Commission of the State; panchayats and the municipalities of the state
any other matter referred to the Commission by the President on the basis of the recommendations made by
in the interests of sound finance. the state Finance Commission.
The Commission determines its procedure and have such Any other matter referred to it by the president
powers in the performance of their functions as Parliament may in the interests of sound finance.
by law confer on them. The Commission decides the basis for sharing
the divisible taxes by the centre and the states
QUALIFICATIONS OF FINANCE and the principles that govern the grants-in-aid
COMMISSION CHAIRMAN AND MEMBERS to the states every five years.
COMPOSITION OF Any matter in the interest of sound finance may
be referred to the Commission by the President.
FINANCE COMMISSION The Commission’s recommendations along with
an explanatory memorandum with regard to the
actions done by the government on them are laid
before the Houses of the Parliament.
Chairman: Heads the The FC evaluates the rise in the Consolidated
Commission and presides Fund of a state in order to affix the resources of
over the activities. He The 4 members should be or have been qualified as High Court judges, or be the state Panchayats and Municipalities.
should have had public knowledgeable in finance or experienced in financial matters and are in administration, or The FC has sufficient powers to exercise its
affairs experience. possess knowledge in economics. functions within its activity domain.
Four Members. All the appointments are made by the President of the country. As per the Code of Civil Procedure 1908, the FC
The Parliament Grounds of disqualification of members: found to be of unsound mind, involved in a vile has all the powers of a Civil Court. It can call
determines legally the act, if there is a conflict of interest witnesses, ask for the production of a public
The tenure of the office of the Member of the Finance Commission is specified by the document or record from any office or court.
qualifications of the President of India and in some cases, the members are also re-appointed.
members of the The members shall give part-time or service to the Commission as scheduled by the
Commission and their President.
selection methods. The salary of the members is as per the provisions laid down by the Constitution.
MIND-MAP
The National Commission for Scheduled Castes (SCs) is a constitutional

body in the sense that it is directly established by Article 338 of the
Constitution. POWERS OF THE COMMISSION
On the other hand, the other national commissions like the National
Commission for Women (1992), the National Commission for Minorities
(1993), the National Human Rights Commission (1993) and the National
BACKGROUND Commission for Protection of Child Rights (2007) are statutory bodies in the
sense that they are established by acts of the Parliament. The Commission is vested with the power to
regulate its own procedure.
The Commission, while investigating any matter
or inquiring into any complaint, has all the
INTRODUCTION powers of a civil court trying a suit and in
Initially, the constitution provided for the appointment particular in respect of the following matters:
of a Special Officer under Article 338. Summoning and enforcing the attendance of
This special officer was designated as the any person from any part of India and
Commissioner for Scheduled Castes and Scheduled examining him on oath;
Tribes. Requiring the discovery and production of
NATIONAL
In 1987, the government, upon pressure from various any document;
Members of Parliament, decided to form a multi- Receiving evidence on affidavits;
member commission for the welfare of the SCs and Requisitioning any public record from any
STs instead of a one-member commission. court or office;
The 65th Amendment to the constitution replaced the Issuing summons for the examination of
COMMISSION
one-member system with a multi-member National witnesses and documents; and
Commission for Scheduled Castes and Scheduled Any other matter which the President may
Tribes. The Constitution (65th Amendment) Act 1990, determine.
amended the Article 338 of the Constitution. The newly The Central government and the state
formed National Commission for Scheduled Castes and governments are required to consult the
FOR SCS
Scheduled Tribes consisted of 5 members apart from Commission on all major policy matters affecting
the Chairman and Vice Chairman of the Commission. the SCs.
The 89th Amendment in 2003 replaced this The Commission is also required to discharge
Commission with the following with effect from 2004: similar functions with regard to the Anglo-
National Commission for Scheduled Castes Indian Community as it does with respect to the
National Commission for Scheduled Tribes SCs. In other words, the Commission has to
The first National Commission for Scheduled Castes investigate all matters relating to the
was formed in 2004 under the chairmanship of Suraj constitutional and other legal safeguards for the
Bhan. Anglo-Indian Community and report to the
President upon their working .
REPORT OF THE COMMISSION Till 2018, the commission was also required to
discharge similar functions with regard to the
other backward classes (OBCs). It was relieved
from this responsibility by the 102nd
Monitoring and investigating all issues FUNCTIONS Amendment Act of 2018.
concerning the safeguards provided for the SCs
under the constitution.
Enquiring into complaints relating to the
deprivation of the rights and safeguards of the
SCs.
Taking part in and advising the central or state The commission presents an annual report to the president. It can also submit a
governments with respect to the planning of report as and when it thinks necessary.
socio-economic development of the SCs. The President places all such reports before the Parliament, along with a
Regular reporting to the President of the country memorandum explaining the action taken on the recommendations made by the
on the implementation of these safeguards. Commission. The memorandum should also contain the reasons for the non-
Recommending steps to be taken to further the acceptance of any of such recommendations.
socio-economic development and other welfare The President also forwards any report of the Commission pertaining to a state
activities of the SCs. government to the state governor. The governor places it before the state
Any other function with respect to the welfare, legislature, along with a memorandum explaining the action taken on the
protection, development and advancement of recommendations of the Commission. The memorandum should also contain the
the SC community. reasons for the non-acceptance of any of such recommendations.
MIND-MAP
·Like the National Commission for Schedules Castes OTHER FUNCTIONS OF THE
(SCs), the National Commission for Scheduled COMMISSION
Tribes (STs) is also a constitutional body in the
FUNCTIONS OF THE sense that it is directly established by Article 338-A
COMMISSION of the Constitution
In 2005, the President specified the following other
functions of the Commission in relation to the
protection, welfare and development and
INTRODUCTION advancement of the STs:
Measures to be taken over conferring ownership
The functions of the Commission are: rights in respect of minor forest produce to STs
To investigate and monitor all matters relating to the living in forest areas
constitutional and other legal safeguards for the STs Measures to be taken to safeguard rights of the
and to evaluate their working; tribal communities over mineral resources, water
NATIONAL
To inquire into specific complaints with respect to the resources etc., as per law
deprivation of rights and safeguards of the STs; Measures to be taken for the development of
To participate and advise on the planning process of tribals and to work for more viable livelihood
socioeconomic development of the STs and to strategies
evaluate the progress of their development under the Measures to be taken to improve the efficacy of
COMMISSION
Union or a state; relief and rehabilitation measures for tribal
To present to the President, annually and at such groups displaced by development projects
other times as it may deem fit, reports upon the Measures to be taken to prevent alienation of
working of those safeguards; tribal people from land and to effectively
To make recommendations as to the measures that rehabilitate such people in whose case alienation
FOR STS
should be taken by the Union or a state for the has already taken place
effective implementation of those safeguards and Measures to be taken to elicit maximum
other measures for the protection, welfare and socio- cooperation and involvement of tribal
economic development of the STs; and communities for protecting forests and
To discharge such other functions in relation to the undertaking social afforestation
protection, welfare and development and Measures to be taken to ensure full
advancement of the STs as the President may specify. implementation of the
Provisions of Panchayats (Extension to the
Scheduled Areas) Act, 1996
Measures to be taken to reduce and ultimately
POWERS OF THE COMMISSION eliminate the practice of shifting cultivation by
tribals that lead to their continuous
disempowerment and degradation of land and
The Commission presents an annual report to REPORT OF THE the environment
the President. It can also submit a report as and
when it thinks necessary. The President places COMMISSION
all such reports before the Parliament, along
with a memorandum explaining the action taken
on the recommendations made by the
Commission. The memorandum should also The Commission is vested with the power to regulate its own procedure.
contain the reasons for the non-acceptance of The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in
any of such recommendations. particular in respect of the following matters:
The President also forwards any report of the Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
Commission pertaining to a state government to
the state governor. The governor places it before Requiring the discovery and production of any document;
the state legislature, along with a memorandum Receiving evidence on affidavits;
explaining the action taken on the Requisitioning any public record from any court or office;
recommendations of the Commission. The Issuing summons for the examination of witnesses and documents; and
memorandum should also contain the reasons Any other matter which the President may determine.
for the non-acceptance of any of such The Central government and the state governments are required to consult the Commission on all major policy matters affecting the
recommendations. STs.
MIND-MAP
National Commission for Backward

Classes was established in 1993 by The new act has recognized that BCs also need development
an act of Parliament. in addition to reservations. There are provision in the act for
Its mandate was to examine the development of Socially and Educationally Backward Classes
complaints of under-inclusion, (SEdBCs) and the new NCBC’s role in the development
over-inclusion or non-inclusion of process.
any class of citizens in the list of The new NCBC is entrusted with the additional function of
backward classes for the purpose grievance redress of backward classes.
of job reservation. Article 342(A) introduces greater transparency as its made
Later, the 102nd Amendment Act of mandatory to take the concurrence of Parliament for adding or
2018 conferred a constitutional deleting any community in the backward list.
status on the commission and also Apart from list-inclusion and reservation, it requires
enlarged its functions. INTRODUCTION comprehensive and holistic development and advancement of
For this purpose, the amendment each community towards equality in all parameters of
inserted a new Article 338-B in the development and welfare.
constitution.
NATIONAL THE NEW COMMISSION
COMMISSION FOR
BACKWARD CLASSES POWERS AND
FUNCTIONS
STRUCTURE OF NCBC To investigate and monitor all the matters of the

socially and educationally backward classes under the
Constitution or under any other law that are related to
the proper working of the safeguards provided.
To participate and advise actively on the socio-
economic development of the socially backward
The Commission consists of five members classes along with evaluating the progress of their
including a Chairperson, Vice-Chairperson and development.
three other Members appointed by the It annually presents the reports based on the working
President by warrant under his hand and seal. of the safeguards to the President. If any of those
The conditions of service and tenure of office reports relate to any matter which is concerned with
of the Chairperson, Vice-Chairperson and the State Government, a copy of that report is
other Members is determined by President. forwarded to the State Government.
NCBC is responsible for the protection, welfare,
development and advancement of the socially and
educationally backward classes.
MIND-MAP
Delimitation literally means the act or process of fixing limits or boundaries of

territorial constituencies in a country or a province having a legislative body. The first delimitation exercise in 1950-51 was
In India, such Delimitation Commissions have been constituted 4 times - carried out by the President (with the help of
In 1952 under the Delimitation Commission Act, 1952, the Election Commission), as the Constitution
In 1963 under Delimitation Commission Act, 1962, at that time was silent on who should
In 1973 under Delimitation Act, 1972 and undertake the division of states into Lok Sabha
In 2002 under Delimitation Act, 2002. seats.
Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act This delimitation was temporary as the
after every census. Constitution mandated redrawing of
boundaries after every Census. Hence, another
delimitation was due after the 1951 Census.
WHY IS DELIMITATION Subsequently, the Delimitation Commission
INTRODUCTION Act was enacted in 1952.
NEEDED?
HOW OFTEN HAS

Delimitation is the act of redrawing boundaries of Lok Sabha and state DELIMITATION BEEN
Assembly seats to represent changes in population.
In this process, the number of seats allocated to different states in Lok Sabha DONE IN THE PAST?
DELIMITATION
and the total number seats in a Legislative Assembly may also change.
It aims at a fair division of geographical areas so that one political party
doesn’t have an advantage over others in an election.
The main objective of delimitation is to provide equal representation to equal
segments of a population.
The Delimitation Commission

is appointed by the President
of India and works in
DELIMITATION
COMMISSION
COMMISSION CURRENT STATUS OF THE
COMMISSION
collaboration with the Election
Commission of India.
Article 82 provides the
Parliament enacts a
Delimitation Act after every
Census.The Census Act (1948) FUNCTIONS OBJECTIVES
provides for the permanent
scheme of conducting The 42nd Amendment Act of 1976 froze the
population Census. It is carried allocation of seats in the Lok Sabha to the states
out in a ten years interval. and the division of each State into territorial
Article 170 provides division of constituencies till the year 2000 at the 1971 level.
State into territorial Further, the 84th Amendment Act of 2001
constituencies as per extended this ban on readjustment for another 25
Delimitation Act after every years (i.e., upto year 2026), without affecting the
Census. It identifies the seats reserved for
Scheduled Castes and Scheduled To provide equal total number of seats based on the 1971 census.
Once the Act enacted by the representation to equal The 84th Amendment Act of 2001 also
Parliament is in force, the Tribes, wherever their population is
relatively large. segments of a population. empowered the government to undertake
Union government sets up a Fair division of geographical readjustment and rationalisation of territorial
Delimitation Commission. It determines the number and
boundaries of constituencies to make areas so that one political constituencies in the states on the basis of the
The first delimitation exercise
was carried out by the the population of all constituencies party doesn’t have an population figures of 1991 census.
President (with the help of the nearly equal. advantage over others in an Later, the 87th Amendment Act of 2003 provided
Election Commission) in 1950- The Delimitation Commission in India election. for the delimitation of constituencies on the basis
51. is a high power body whose orders To follow the principle of “One of the 2001 census and not 1991 census.
The Delimitation Commission have the force of law and cannot be Vote One Value”.
Act was enacted in 1952. called in question before any court.
It is usually composed of the In case of difference of opinion among
retired Supreme Court judge, members of the Commission, the
Chief Election Commissioner
and Respective State Election
opinion of the majority prevails.
Commissioners.
MIND-MAP
Urban Local government The HPEC (High Powered Expert Committee), the World
implies the governance of
an urban area by the Bank, and the Confederation of Indian Industry (CII) have
people through their provided analysis on the challenges affecting urban Memorandum of Understanding (MoU) signed
elected representatives. Create institutions to stimulate capacity building and development in India. between India and Japan to convert Varanasi into
74th Constitutional attract talent to grow businesses. Planning for land use and zoning Smart City with the help of the city of Kyoto.
Amendment Act, 1992 Integrate Spatial Planning at all Government levels: Creating a favourable environment for starting, operating The USA has expressed interest in turning 3 cities into
provided constitutional
status to local urban National, State and City and growing a business. smart cities – Allahabad, Ajmer, and Visakhapatnam.
bodies.
INTRODUCTION Create a stable policy framework for private investment in Functioning of the property market and property India and China have also signed 3 Gujarat specific
urban infrastructure. governance pacts.
Access to mass transit systems and road networks
Access to serviced land and affordable housing
74TH AMENDMENT ACT, 1992 Jawaharlal Nehru National Urban Renewal Mission (JNNURM) was
the recently concluded long running Urban Development Mission of
RECOMMENDATIONS FOR URBAN PLANNING IN COUNTRY SPECIFIC TIE-UPS FOR URBAN Government of India. When it came to its closing stages, the
INDIA PLANNING AND DEVELOPMENT Government of India launched 6 new missions.
The 6 new missions launched by Government of India are
This Amendment Act has inserted a new Part IX an Atal Mission for Rejuvenation and Urban Transformation
into the Constitution which deals with the MAIN CHALLENGES IN URBAN PLANNING AND (AMRUT)
administration of the Municipalities and Nagar DEVELOPMENT Pradhan Mantri Awas Yojana (PMAY) – Housing for all (Urban)
Palikas. It Consists of Articles 243P to 243ZG. In Smart Cities Mission (SCM)
addition the act also added a new twelfth Schedule Swachh Bharat Mission (SBM)
to the Constitution. The act gave Constitutional Heritage City Development and Augmentation Yojana (HRIDAY)
Status to the municipalities. Deen Dayal Antyodaya Yojana – National Urban Livelihood
Mission (DAY-NULM)
Other Urban Development Projects
Industrial Corridors
URBAN
Constitution of Nagar panchayats, municipal KEY URBAN Country Specific Tie-ups
councils and municipal corporations in transitional DEVELOPMENT
areas (areas in transition from a rural area to urban COMPULSORY
area), smaller urban areas and larger urban areas MISSIONS IN INDIA
respectively; PROVISIONS ( Preparation of plans for economic
Reservation of seats in urban local bodies for BINDING ON ALL
GOVERNMENT
development and Social Justice.
Scheduled Castes / Scheduled Tribes roughly in Implementation of Schemes as
proportion to their population; STATES ARE)
POWERS, AUTHORITY may be entrusted to them, and
Reservation of seats for women up to one-third AND In regard to matters listed in the
seats; 12th Schedule. This Schedule
RESPONSIBILITIES
The State Election Commission, constituted in order Contains 18 items, e.g., Urban
OF MUNICIPALITIES
to conduct elections in the panchayati raj bodies VOLUNTARY PROVISIONS (243W) Planning, Regulation of Land Use,
(see 73rd Amendment) will also conduct elections ( NOT BINDING, BUT ARE Roads and Bridges, Water Supply,
to the urban local self- governing bodies; Public Health, Fire Services Urban
The State Finance Commission, constituted to deal EXPECTED TO BE Forestry, Slums etc.
with financial affairs of the Panchayati Raj bodies OBSERVED BY THE A State Legislature may by law
will also look into the financial affairs of the local authorize a Municipality to levy,
urban self governing bodies; STATES) Collect and appropriate taxes,
Tenure of urban local self-governing bodies is fixed duties, tolls etc.
at five years and in case of earlier dissolution fresh COMPOSITION OF The law may lay down the limits
elections are to be held within six months and prescribe the procedure to be
MUNICIPALITIES followed. It Can also assign to a
CONSTITUTION (243R) WARDS COMMITTEE Municipality Various taxes, duties
OF (243S) RESERVATIONS OF SEATS FOR SCHEDULED etc.
Giving representation to members of the Union and CASTES, SCHEDULED TRIBES AND WOMEN
State Legislatures in these bodies; MUNICIPALITIES
(243T)
Providing reservation for backward classes; (243K AND 243Q)
Giving financial powers in relation to taxes, duties, The members of a Municipality
tolls and fees etc; would generally be elected by DURATION OF
Making the municipal bodies autonomous and direct election from territorial SCs and STs: As in part IX reservations of Seats are to
devolution of powers to these bodies to perform Constituencies. The It Provides for formation be made in favour Scheduled Castes and Scheduled MUNICIPALITIES (243Q)
Chairperson Shall is elected in of Ward Committees, Tribes in every Municipality. All reservation in favour of
some or all of the functions enumerated in the Consisting of One or
Twelfth Schedule added to the Constitution through the manner provided by the Scheduled Castes and Tribes Shall come to an end with
Legislature. The Legislature of more wards, in a the expiry of the period Specified in Art. 334.
this Act and/or to prepare plans for economic Municipality having 3
development. a State may by law provide for Women: Out of the total number of seats to be filled by
representation in a lakh or more of direct elections at least 1/3rd would be reserved for
municipality, without right to Population. The State women. This includes the quota for Women belonging Every Municipality has a term
vote in the meetings of the Legislature Shall make to Scheduled Castes and Tribes. The 112th of five years and every
Clause 243K Provides that in every State, institutions of Self-Government, Called by a Municipality, of following provision with respect to Constitutional Amendment Bill, 2009 Seeks to municipality is given a
general name “Municipalities” will be Constituted. Such institutions will be of three people. its Composition, increase the percentage reservation for Women, for reasonable opportunity to be
types: Persons having Special territorial area and the the posts of members and Chairpersons, from 33% to heard before its dissolution. An
Nagar Panchayat, for a transitional area, i.e., an area which is being transformed Knowledge or experience in manner in which the 50%. election to Constitute a
from a rural area to an urban area. municipal administration, seats in a ward Chairpersons: It has been left to the State legislature Municipality Should be
Municipal Council for a Smaller Urban area. Members of Lok Sabha, State Committee Shall be filled, to prescribe by law the manner of reservation of the Completed Well before the
Municipal Corporation for a larger urban area. Assembly, Rajya Sabha and it is open for the State offices of the Chairpersons of Municipalities. expiry of the duration of five
Article 243Q makes it obligatory for every State to Constitute Such Units. But if there ‘Legislative Council and Legislature to Constitute Backward Classes: It is permissible for a State years and in case of dissolution
is an Urban area or part of it where municipal Services are being provided or proposed The Chairpersons of Committees in addition Legislatures to make provisions for reservation of before years term, within six
to be provided by an industrial establishment in that area then considering also the Committees Constituted to the Wards Seats or offices of Chairpersons of Municipalities. months of date of dissolution.
Size of the area it is not mandatory to Constitute a Municipality. under CI. (5) of Art 243S. Committees.
The Second Administrative Reforms Commission (2007) suggested that a new law should be enacted to MIND-MAP
govern the working of the CBI.
Central Bureau of Investigation (CBI) is the premier investigating Ensure that CBI operates under a formal, modern legal framework that has been written for a
police agency in India. contemporary investigative agency.
Its job is to ensure a fair and an impartial probe. The 19th and 24th reports of the parliamentary standing committees (2007 and 2008) recommended
It functions under the superintendence of the Deptt. of Personnel, that the need of the hour is to strengthen the CBI in terms of legal mandate, infrastructure and resources.
Ministry of Personnel, Pension & Public Grievances, Government of Since CBI is run by central police
Parliamentary standing committee (2007) recommended that a separate act should be promulgated in officials on deputation hence
India - which falls under the prime minister’s office. tune with requirement with time to ensure credibility and impartiality.
It is also the nodal police agency in India which coordinates chances of getting influenced by
Besides appointing the head of the CBI through a collegium, as recommended by the Lokpal Act, the government was visible in the
investigation on behalf of Interpol Member countries. government must ensure financial autonomy for the outfit.
However for investigations of offences under the Prevention of hope of better future postings.
One of the demands that has been before Supreme Court, and in line with international best practices, is Politicisation of the Central Bureau
Corruption Act, its superintendence vests with the Central Vigilance for the CBI to develop its own dedicated cadre of officers who are not bothered about deputation and
Commission. of Investigation (CBI)has been a
abrupt transfers. work in progress for years.
Its conviction rate is as high as 65 to 70% and it is comparable to the A new CBI Act should be promulgated that ensures the autonomy of CBI while at the same time
best investigation agencies in the world. CBI has been accused of
improving the quality of supervision. The new Act must specify criminal culpability for government becoming ‘handmaiden’ to the
interference. party in power, as a result high
profile cases are not treated
seriously.
Corruption and Politically biased:
WHAT IS CBI? This was highlighted in Supreme
INSTITUTIONAL Court criticism for being a caged
BACKGROUND REFORMS NEEDED WHY WAS IT parrot speaking in its master’s
CALLED CAGED voice.
CARROT BY THE
SUPREME
COURT?
CENTRAL BUREAU OF
Origins of CBI can be traced back to the Special Police Establishment
(SPE) set up in 1941 in order to cases of bribery and corruption in War & The CBI, run by IPS officers on deputation, is also susceptible to the
Supply Department of India during World War II. government’s ability to manipulate the senior officers, because they are
INVESTIGATION (CBI)
The need of a Central Government agency to investigate cases of bribery dependent on the Central government for future postings.
and corruption was felt even after the end of World War II. So, DSPE The agency is dependent on the home ministry for staffing, since many of its
(Delhi Special Police Establishment) Act, 1946 was brought that gave investigators come from the Indian Police Service.
legal power of investigating cases to CBI. Its dependence on State governments for invoking its authority to investigate
CBI is not a statutory body as it is not established by an Act of the cases in a State, even when such investigation targets a Central government
Parliament. employee.
CBI comes under the jurisdiction of the Ministry of Personnel, Public The agency depends on the law ministry for lawyers and also lacks functional
Grievances and Pensions. FUNCTIONS OF CBI
autonomy to some extent.
CBI investigates cases related to economic crimes, special crimes, cases
of corruption and other high-profile cases.
CBI is exempted from Right to Information (RTI) Act similar to National COMPOSITION OF PROBLEMS ASSOCIATED
Investigating Agency (NIA), National Intelligence Grid (Natgrid), etc.
CBI WITH CBI
DIVISIONS OF CBI
Investigate cases connected to infringement of economic and fiscal laws, i.e., CBI is headed by a Director, an IPS (Indian CASES HANDLED BY THE CBI
breach of laws concerning customs and central excise, export and import control, Police Service) officer of the rank of Director
income tax, foreign exchange regulations, etc. But cases of this nature are taken up General of Police.
by the CBI either at the request of the department concerned or in consultation The Director of CBI as Inspector-General of Economic Crimes
Police, Delhi Special Police Establishment, is Administration Division Anti-Corruption Crimes
with the concerned department. Special Crimes Division
Its important role is to prevent corruption and maintain integrity in administration. responsible for the administration of the Suo Moto Cases
organization. Anti-Corruption Division Special Crimes
It works under the supervision of the CVC (Central Vigilance Commission) in Economic Offences Division
matters pertaining to the Prevention of Corruption Act, 1988. The director is selected based on CVC Act, The Supreme Court and High Courts, however, can
2003 for two years-term. Policy and International Police order CBI to investigate a crime anywhere in the
To coordinate the activities of the various state police forces and anti-corruption Cooperation Division
agencies. Several other ranks in CBI are filled through country without the consent of the State.
recruitment by SSC or deputation from Police, Central Forensic Science The Central Government can authorize CBI to
Investigate crimes of a serious nature, that have national and international Laboratory
ramifications, and committed by professional criminals or organised gangs. Income Tax Department and Customs investigate a crime in a State but only with the
Department. Directorate of Prosecution consent of the concerned State Government.
MIND-MAP
The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government. The Act came on the heels of “The Public
It was established in 1964 by an executive resolution of the Central government. Its establishment was recommended by Interest Disclosure and Protection to Persons
the Santhanam Committee on Prevention of Corruption (1962–64). Thus, originally the CVC was neither a constitutional Making the Disclosure Bill, 2010” in the Lok
body nor a statutory body. Sabha on August 26, 2010. The Bill as passed
Since 25 August 1998, CVC is a multi-member commission having a statutory status. by Lok Sabha and Rajya Sabha in February
Central Vigilance Act came into effect in the year 2003 after CVC bill was passed by both Lok Sabha and Rajya Sabha. 2014 and received the assent of the President
First Chief Vigilance Commissioner of India was Nittoor Srinivasa Rau. in May 2014.
Since 2004, the commission receives complaints under Public Interest Disclosure and Protection of Informers’ Resolution” The act has provided mechanisms to secure
(PIDPI), also called Whistleblowers’ Resolution. the identity of public employees who expose
corruption in government ministries and
departments. It also aids the intention to
expose corruption by public servants,
COMPOSITION INTRODUCTION including ministers.
The CVC is a multi-member body consisting of a Central Vigilance

Commissioner (chairperson) and not more than two vigilance commissioners.
They are appointed by the president by warrant under his hand and seal on the
recommendation of a threemember committee consisting of the prime THE WHISTLEBLOWERS
minister as its head, the Union minister of home affairs and the Leader of the PROTECTION ACT
Opposition in the Lok Sabha.
CENTRAL VIGILANCE
They hold office for a term of four years or until they attain the age of sixty
five years, whichever is earlier.
After their tenure, they are not eligible for further employment under the
Central or a state government.
The CVC has its own

ORGANISATION
COMMISSION (CVC) JURISDICTION
Secretariat, Chief Technical
Examiners’ Wing (CTE) and a
wing of Commissioners for
Departmental Inquiries (CDIs).
Secretariat: The Secretariat
consists of a Secretary, Joint FUNCTIONS
Secretaries, Deputy
Secretaries, Under Secretaries
and office staff.
Chief Technical Examiners’
Wing: The Chief Technical The jurisdiction of the CVC extends to the following:
Examiners’ Organisation Members of All India Services serving in connection with the affairs of
constitutes the technical wing the Union and Group A officers of the Central Government.
of the CVC. It consists of Chief The CVC monitors all vigilance activity under the Central Government Officers of the rank of Scale V and above in the Public Sector Banks.
Engineers (designated as Chief It advises various authorities in Central Government organizations in
Technical Examiners) and Officers in Grade D and above in Reserve Bank of India, NABARD and
planning, executing, reviewing and reforming their vigilance work. SIDBI.
supporting engineering staff. The CVC recommends appropriate action on complaints on corruption or
Tendering of advice / Chief Executives and Executives on the Board and other officers of E-8
assistance to the CVC and misuse of power. and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings.
Chief Vigilance Officers in Lokpal, Central Government or Whistle blowers can approach the CVC Chief Executives and Executives on the Board and other officers of E-7
vigilance cases involving regarding complaints. and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings.
technical matters The CVC – Under Prevention of Corruption Act, 1988 – can inquire into Managers and above in General Insurance Companies.
Commissioners for offences reported against certain categories of Public Servants. (However, Senior Divisional Managers and above in Life Insurance Corporation.
Departmental Inquiries: The remember, CVC is NOT an Investigating agency).
CDIs function as Inquiry Officers drawing salary of ₹8700/- per month (pre-revised) and above
The Annual Report of the CVC not only gives the details of the work done by on Central Government D.A. pattern, as may be revised from time to
Officers to conduct oral
inquiries in departmental
it but also brings out the system failures which leads to corruption in time, in societies and local authorities owned or controlled by the
proceedings initiated against various Departments/Organisations, system improvements, various Central Government.
public servants. preventive measures and cases in which the Commission’s advises were
ignored etc.
Launching of various initiatives and programmes MIND-MAP
The centre-to-state one-way flow of policy, that was the Measuring performance and ranking States on outcomes in critical sectors o Sustainable Action for Transforming Human Capital (SATH)
hallmark of the Planning Commission era, is now sought to be Ek Bharat Shrestha Bharat
replaced by a genuine and continuing partnership of states. Development Support Services to States (DSSS) for Development of Infrastructure
Better inter-ministry coordination. Public-Private Partnership in Health
NITI Aayog = more a “think tank” than a finance distributing Resolution of pending issues of States with Central Ministries
agency. ‘Aspirational District Programme (ADP)’: to realise the vision of ‘SabkaSaath, SabkaVikas’, and ensure that India’s growth process remains Research Wing – that will
With NITI Aayog, there will be multi-directional flow of policy inclusive develop in-house sectoral
(from Center to States, from States to Center, between Enabling evidence-based policy making and enhancing productive efficiency with long-term vision
ministries etc.) Three Year National Action Agenda and the Strategy for New India @75 which allows better alignment of the development strategy with the expertise as a dedicated
NITI Aayog will provide Governments at the central and state changed reality of India. think tank of top domain
levels with relevant strategic and technical advice across the Reform of Central Public Sector Enterprises (CPSEs) experts, specialists and
spectrum of key elements of the policy. Balanced Regional Development scholars.
The NITI Aayog will create a knowledge, innovation and Health & Nutrition Sector Reforms (POSHAN Abhiyaan, National Nutrition Strategy, Pushing Reforms in Pharmaceuticals Sector) Consultancy Wing – that will
entrepreneurial support system through a collaborative In energy sector( ‘India’s Renewable Electricity Roadmap 2030 and Roadmap for revising the National Mineral Policy, 2018)
community of national and international experts. Partnerships with National and International Organisations and Promote Stakeholder Consultation in Policy Making provide a marketplace of
The NITI Aayog will develop mechanisms to formulate credible Promote entrepreneurial and innovation ecosystem (Atal Innovation Mission, Global Entrepreneurship Summit 2017: Women First: Prosperity for All, whetted panels of expertise
plans to the village level and aggregate these progressively at Women Entrepreneurship Platform) and funding for Central and
higher levels of government. Promoting adoption of frontier technology like Artificial Intelligence, blockchain, Methanol economy etc State Governments to tap
Its important initiatives include “15 year road map”, “7-year into; matching their
vision, strategy and action plan”, AMRUT, Digital India and Atal
Innovation Mission. requirements with solution
providers, public and private,
national and international. By
INTRODUCTION PERFORMANCE OF playing matchmaker instead
BACKGROUND of providing the entire
NITI AAYOG service itself, NITI Aayog will
be able to focus its resources
on priority matters, providing
guidance and an overall
quality check to the rest.
Team India Wing –
NITI AAYOG comprising representatives
NITI AAYOG
Planning has been in Indian psyche as our leaders came under influence of
the socialist clime of erstwhile USSR. Planning commission served as the SPECIALIZED WINGS from every State and
planning vehicle for close to six decades with a focus on control and Ministry, will serve as a
command approach. permanent platform for
Planning Commission was replaced by a new institution – NITI AAYYOG on national collaboration.
January 1, 2015 with emphasis on ‘Bottom –Up’ approach to envisage the NITI AAYOG
vision of Maximum Governance, Minimum Government, echoing the spirit
of ‘Cooperative Federalism’. HUBS
Competitive Federalism 7 PILLARS OF Team India Hub acts as interface

Cooperative federalism RELEVANCE OF NITI between States and Centre.
Greater Accountability EFFECTIVE Knowledge and Innovation Hub builds
Think tank of innovative ideas AAYOG OBJECTIVES OF GOVERNANCE the think-tank acumen of NITI Aayog.
Convergence for resolution The Aayog planned to come out with
NITI AAYOG COMPOSITION ENVISAGED BY three documents — 3-year action
NITI AAYOG agenda, 7-year medium-term strategy
paper and 15-year vision document.
To promote cooperative federalism through well-ordered support initiatives and mechanisms with the States on an uninterrupted basis.
The active participation of States in the light of national objectives and to provide a framework ‘national agenda’.
To grant advice and encourage partnerships between important stakeholders and national- international Think Tanks, as well as Chairperson: Prime Minister
educational and policy research institutions. Vice-Chairperson: To be appointed by Prime-Minister
To construct methods to formulate a reliable strategy at the village level and aggregate these gradually at higher levels of government. Governing Council: Chief Ministers of all states and Lt.
To pay special consideration to the sections of the society that may be at risk of not profiting satisfactorily from economic progress. Governors of Union Territories.
Economic policy that incorporates national security interests. Regional Council: To address specific regional issues, The NITI Aayog is based on the 7 pillars of effective Governance.
To generate a knowledge, innovation and entrepreneurial support system through a shared community of national and international Comprising Chief Ministers and Lt. Governors Chaired They are:
experts, etc. by Prime Minister or his nominee. Pro-people: it fulfills the aspirations of society as well as
To propose strategic and long-term policy and programme frameworks and initiatives, and review their progress and their effectiveness. Adhoc Membership: 2 member in ex-officio capacity individuals
To pay attention to technology improvement and capacity building for the discharge of programs and initiatives. from leading Research institutions on rotational basis. Pro-activity: in anticipation of and response to citizen needs
To preserve a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and Ex-Officio membership: Maximum four from Union Participation: involvement of citizenry
equitable development as well as help their distribution to participants. council of ministers to be nominated by Prime minister. Empowering: Empowering, especially women in all aspects
To provide a platform for resolution of inter-sectoral and inter-departmental issues in order to speed up the accomplishment of the Chief Executive Officer: Appointed by Prime-minister Inclusion of all: inclusion of all people irrespective of caste, creed,
progress agenda. for a fixed tenure, in rank of Secretary to Government and gender
To undertake other necessary activities in order to the implementation of the national development agenda, and the objectives. of India. Equality: Providing equal opportunity to all especially for youth
To effectively screen and assess the implementation of programmes and initiatives, including the identification of the needed resources Special Invitees: Experts, Specialists with domain Transparency: Making the government visible and responsive
to strengthen the likelihood of success. knowledge nominated by Prime-minister.
MIND-MAP
The National Human Rights Commission is a statutory body established in 1993 under the legislation the
Protection of Human Rights Act, 1993.
The Act was amended in 2006.
The commission is the watchdog of human rights in the country i.e. the rights relating to life, equality,
liberty and dignity of an individual guaranteed by the constitution and enforced by the courts in India. It can regulate its own procedures.
The Commission‘s headquarters is at Delhi, but it can establish offices at other places in India. It consists of all the powers of civil court and
its proceedings have a judicial character.
It can ask for a report from the central or
state government or any authority on Human
ESTABLISHMENT OF THE Rights Protection.
COMMISSION The commission has its own investigating
STRUCTURE staff for investigating into grievances of
human rights violations.
The commission cannot inquire into any
matter after the expiry of a year from the
date on which the act of human violation is
The commission consists of: assumed to have been committed.
NATIONAL HUMAN
Chairman ( retired Chief Justice of India)
4 members (serving or retired judges of the Supreme
Court or High Court)
RIGHTS COMMISSION
2 persons ( having knowledge or practical experience POWERS
with respect to human rights)
4 ex-officio members
Chairman of the National Commission for SCs
Chairman of the National Commission for Minorities
Chairman of the National Commission for Women
Chairman of the National Commission for STs FUNCTIONS
The chairman and the members of the commission are
appointed by the President on the recommendations of:
Prime Minister The functions of the commission are mainly recommendatory in nature and they are not binding on government or
Speaker of the Lok Sabha any authority.
Though the recommendations of the commission is advisory and not binding, Government considers the cases
The Deputy chairman of the Rajya Sabah presented by it and have to report back within one month on any progress made on such recommendation.
Leaders of opposition of both the houses Some of the functions includes:
Sitting judge of the Supreme Court or Chief Justice of To enquire into any violation or negligence in prevention of human rights by any person or public servant etc., either
suo motu or by a petition or by court’s order.
High court (after the consultation of Chief Justice of To visit jails and detention places to study the living conditions of inmates and make recommendations
India) accordingly.
To promote and undertake research in the field of human rights
The term of the chairman and members of the commission is To get involved in any proceeding concerning the allegations of the violation of human rights pending before the
for 5 years or until the age of 70 years. court.
To study the international instruments and treaties on human rights and make recommendations for their effective
After their tenure, the chairman and the members are not execution.
eligible for further employment under the centre or state To review the constitutional and other legal safeguards for the protection of human rights and recommendations
government office. for their successful execution.
To spread human rights literacy among the people and promote awareness of the safeguards offered for the
protection of the rights.
MIND-MAP
The Protection of Human Rights Act of 1993 provides for the creation of not only the National Human Rights
Commission but also a State Human Rights Commission at the state level.
Accordingly, twenty six states have constituted the State Human Rights Commissions through Official Gazette
Notifications.
A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned
in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.
However, if any such case is already being inquired into by the National Human Rights Commission or any other
Statutory Commission, then the State Human Rights Commission does not inquire into that case. The Protection of Human Rights Act (1993) also
provides for the establishment of Human Rights
Court in every district for the speedy trial of
violation of human rights.
INTRODUCTION These courts can be set up by the state
COMPOSITION OF THE government only with the concurrence of the
Chief Justice of the High Court of that state.
COMMISSION For every Human Rights Court, the state
government specifies a public prosecutor or
appoints an advocate (who has practiced for
The State Human Rights Commission is a multi-member body seven years) as a special public prosecutor.
consisting of a chairperson and two members.
The chairperson should be a retired Chief Justice or a Judge of a
STATE HUMAN RIGHTS

High Court and members should be a serving or retired judge of a
High Court or a District Judge in the state with a minimum of 7
years experience as District Judge and a person having
knowledge or practical experience with respect to human rights.
COMMISSION
The chairperson and members are appointed by the Governor on
the recommendations of a committee consisting of the chief HUMAN RIGHTS COURTS
minister as its head, the speaker of the Legislative Assembly, the
state home minister and the leader of the opposition in the
Legislative Assembly. FUCTIONS OF THE
COMMISSION
TERM AND ELEGIBILITY

The chairperson OF CHAIRPERSON
and members SALARY AND
hold office for a REMOVAL OF THE ALLOWANCES To encourage the efforts of non-governmental organizations
term of three CHAIRPERSON (NGOs) working in the field of human rights.
years or until To inquire into any violation of human rights or negligence in the
they attain the prevention of such violation by a public servant, either suo motu
age of 70 years, Although the chairperson and members of a State Human Rights or on a petition presented to it or on an order of a court.
whichever is Commission are appointed by the governor, they can be removed The salaries, To spread human rights literacy among the people and promote
earlier. only by the President (and not by the governor). allowances awareness of the safeguards available for the protection of these
They are The President can remove them on the same grounds and in the same and other rights.
elligible for re- manner as he can remove the chairperson or a member of the conditions of To visit jails and detention places to study the living conditions of
appointment. National Human Rights Commission. service of the inmates and make recommendation thereon.
After their Thus, he can remove the chairperson or a member under the chairperson or To intervene in any proceeding involving allegation of violation of
tenure, the following circumstances: a member are human rights pending before a court.
chairperson and If he is adjudged an insolvent; or determined To review the factors including acts of terrorism that inhibit the
members are If he engages, during his term of office, in any paid employment by the state enjoyment of human rights and recommend remedial measures.
not eligible for outside the duties of his office; or government. To review the constitutional and other legal safeguards for the
further If he is unfit to continue in office by reason of infirmity of mind or But, they protection of human rights and recommend measures for their
employment body; or cannot be effective implementation.
under a state If he is of unsound mind and stands so declared by a competent varied to his To undertake and promote research in the field of human rights.
government or court; or disadvantage To undertake such other functions as it may consider necessary
the Central If he is convicted and sentenced to imprisonment for an offence. after his for the promotion of human rights.
government. In addition to these, the president can also remove the chairperson appointment.
or a member on the ground of proved misbehaviour or incapacity.
MIND-MAP
The National Commission to Background Papers
Review the Working of the Working of Parliament and Need for Reforms
Constitution (NCRWC) was set Some ideas in Governance Consultation Papers (Contd.)
up by a resolution of the Concurrent Power of Legislation under List III of the Indian Constitution Financial Autonomy of the Indian Judiciary
Government of India in 2000. Fiscal and Monetary Policies Constitutional Mechanism for the settlement of
The 11-member Commission Barriers to Inter-State Trade & Commerce – The Case of Road Transport Inter-State Disputes
was headed by M.N. Article 262 and Inter-State Disputes relating to Water Treaty-making power under our Constitution
Venkatachaliah, the former Chief Pace of Socio-Economic Change and Development under the Constitution
List of Organisations/Individuals who sent representations to the The Institution of Governor under the Constitution
Justice of India. It submitted its Commission Article 356 of the Constitution
report in 2002. INTRODUCTION List of Organisations/individuals who responded to the Consultation Review of the Working of the Constitutional
Papers/Questionnaires issued by the Commission Provisions for Decentralisation (Panchayats)
List of Organisations/Delegations/individuals who interacted with the Decentralization and Municipalities
Commission Empowering and Strengthening local self-
List of Seminars sponsored by the Commission government in Cantonments
TERMS OF REFERENCE OF THE Minutes of meetings of the Commission Empowerment and Strengthening of Panchayat Raj
Report of the Drafting and Editorial Committee
COMMISSION Institutions/ Autonomous District
Councils/Traditional tribal governing institutions in
North East India
The terms of reference given to the Commission BOOK 3
stated that the Commission shall examine, in the
NATIONAL COMMISSION
light of the experience of the past fifty years, as
to how best the Constitution can respond to the BOOK 2
changing needs of efficient, smooth and effective
system of governance and socio-economic
TO REVIEW THE WORKING

development of modern India within the
framework of parliamentary democracy, and to
recommend changes, if any, that are required in VOLUME II
OF THE CONSTITUTION
the provisions of the Constitution without
interfering with its 'basic structure' or 'basic
features'
BOOK 1
COMPOSITION OF
COMMISSION
REPORT
VOLUME I Gazette Notifications
Advisory Panels
The 11-member commission was headed by Retired Consultation Papers
Chief Justice of India Justice M.N. Venkatachaliah. Enlargement of Fundamental Rights
The other members of the Commission were: Introduction 1 Pace of Socio-Economic Change under the
B.P. Jeevan Reddy (Chairman of the Law Basic Approach and Constitution
Commission), The Commission was asked to complete Literacy in the context of the Constitution of
its work and make recommendations Perspective
R.S. Sarkaria (Former Judge of the Supreme Court Fundamental Rights, Directive India
of India), within one year. Social Security and Employment
However, after three extensions, the Principles and Fundamental
K.Punnayya (Former Judge of Andhra Pradesh Duties Effectuation of Fundamental Duties of Citizens
High Court), Commission submitted its report on 31 Review of the Working of Political Parties
March 2002. Electoral Processes and
Soli Sorabjee (Attorney-General of India), Political Parties specially in relation to Elections and Reform
K. Parasaran (Former Attorney-General of India), The report is bulky one, comprising 1979 Options
pages in two-volumes was received by Parliament and State
Subhash C. Kashyap (Former Secretary-General Legislatures Review of Election Law, Processes and Reform
of Lok Sabha), Law and Justice Minister Arun Jaitley. Options
Volume I contains the recommendations Executive and Public
C.R. Irani (Chief Editor & Managing Director of the Administration Immunity of Legislators: What do the words ‘in
Statesman), while Volume II (divided in Books 1, 2 & respect of anything said or any vote given by
3) consists of detailed consultation The Judiciary
Abid Hussain (Former Ambassador of India to the Union-State Relations him’ in article 105(2) signify?
USA), papers, background papers, details of Efficacy of Public Audit System in India: C&AG
deliberations and the report of its drafting Decentralization and
Sumitra Kulkarni (Former Member of Parliament) Devolution Probity in Governance
and and editorial committee dividing into Liability of State in Tort
three books. Pace of Socio-Economic
P. A. Sangma (Former Speaker of Lok Sabha). Change Superior Judiciary
Summary of Recommendations All India Judicial Service
MIND-MAP
PRE-CONSTITUTIONAL DEVELOPMENTS IN INDIA :

PHASE 1 EAST INDIA COMPANY RULE (1773 – 1857)
REGULATING ACT OF 1773 PITTS INDIA ACT OF 1784 CHARTER ACT OF 1813 CHARTER ACT OF 1833 CHARTER ACT OF 1853
The process of Centralization in

India was initiated through the In the Constitutional It brought an Governor Civil Service Examination
Regulating Act of 1773. history of India, this General of was introduced. It was a
Act brought in many end to the competitive examination
This is the first Act passed by Bengal became
the British Parliament to control significant changes. the Governor for recruitment into the
As per this Act of monopoly of civil services.
and regulate the affairs of the General of
East India Company in India. 1784, the territories of East India India. Executive and Legislative
As per this Act, the Governor of East India Company Lord William functions of the Governor
Bengal was made the Governor was called as the Company, over Bentick was the General were separated.
General. “British Possessions in 1st Governor This Act provided for
Warren Hastings was the first India” trade with General of addition of 6 new members
Governor General of India. As per this Act, a joint India. to the Legislative Council, 4
This Act made Governors of Government of British India. members were appointed
India run by the Crown East India by Provisional
Bombay and Madras subordinate Trade with Company ended
to the Governor of Bengal. and Company was as a mere Governments of Bengal,
The Governor- General was established. administrative Bombay, Madras and Agra.
Government had the India was As per provisions of
given the power to make rules body, it was no
and regulations. ultimate power and opened for all longer a Charter Act of 1853
The Governor General was authority. commercial Governor General’s
assisted by a Council of 4 A Court of Directors British Citizens body. Legislative Council came to
members. was formed for The Governor be known as the Central
The number of Directors in the Commercial with the General was Legislative Council.
Company was fixed at 4. Operations and 6 given full The Central Legislative
The Governor General had to member Board of exception of Council started functioning
Control were control over as a Mini-Parliament. It
follow the orders of the Tea Trade. revenue, civil
Directors of the Company. appointed for Political and military. adopted the same
Revenue of the company should affairs as per Charter Act of procedures of British
be reported by The Court of provisions of Pitts 1833 was the Parliament.
Directors, who were the India Act 1784. final step in the
governing body of the company Governor General’s Process of
A Supreme Court was Council was reduced Centralization in
established at Calcutta in 1774, from 4 members to 3 India, a process
as per the provisions of members. that began with
Regulating Act 1773. Governors Councils the Regulating
The Supreme Court had a Chief were established in Act of 1773.
Justice and 3 Assistant Judges. Bombay and Madras.
MIND-MAP
PRE-CONSTITUTIONAL DEVELOPMENTS IN INDIA:

PHASE 2 RULE UNDER BRITISH CROWN (1857-1947)
CABINET
GOVERNMENT OF INDIA ACT MISSION –
GOVERNMENT OF INDIAN COUNCIL INDIAN COUNCILS ACT, 1909 1935 1946 KEY TIMELINES – CONSTITUTION OF
INDIA ACT OF 1858 ACT OF 1861 – MORLEY MINTO REFORMS INDEPENDENT INDIA
Some of the main proposal of
This was the longest and last constitutional Cabinet Mission plan were
measure introduced by the British India. It Indian States and British
Indians were Indian Councils Act of was the result of multiple round table Provinces would combine to
Government of nominated as non 1909 is commonly known The Constitution of India was
India Act of 1858 conferences,and a report by the Simon form Union of India
official members as Morley Minto Reforms. Commission. A Constituent Assembly drawn up by the Constituent
passed by British for the 1st time in For the 1st time Direct Assembly. Constituent Assembly
Parliament, Bicameralism was introduced in 6 Provinces would be established
the Legislative elections were introduced (Bengal, Bombay, Madras, Assam, Bihar, consisting of 389 members. took almost 3 years to complete
brought an end to Council of for the Legislative Councils.
the rule of East United Provinces) out of 11 provinces. 14 members from Major the task of drafting the
Viceroy. The Central Legislative The Legislature in the provinces were political parties would form Constitution for Independent
India Company. Legislative Council was renamed as
The powers were enlarged. an interim government India.
Councils were the Imperial Legislative As per the Act, the powers were divided into A representative body would
transferred to the established in Council. Constituent Assembly met for
British Crown. Federal List, Provincial List and Concurrent be formed named as the
Provinces and The Communal List. Constituent Assembly. the first time on Dec. 9, 1946.
The Secretary of Centre. representation system was On 14th August, 1947; there was
State for India was Provincial autonomy was introduced in the Until the Constitution was
Legislative introduced by giving Provinces by abolishing the Dyarchy. framed, the Constituent a proposal for creation of
given the powers powers of the separate electorate. It was
and duties of the There was provision for adoption of Dyarchy Assembly would act as the committees.
Provinces of a system where seats were at the Centre. Dominion Legislature. The Drafting Committee was
former Court of Bombay and reserved only for Muslims
Directors. He Provided provisions for establishing Federal Until the Constitution was
Madras were and only Muslims would be framed, India would be established on 29th August 1947
Controlled the Court, Reserve Bank of India (RBI).
restored. polled. There was provision for establishment of All administered as per the and the Constituent Assembly
Indian Legislative For the first time Indians starts the process of writing the
Administration India Federation consisting of Provinces Government of India Act,
Councils were were appointed to the and Princely States as units. 1935. Constitution
through the started in the Executive Council of
Viceroy of India. Due to the length of Government of India Dr. Rajendra Prasad as the
Provinces of Viceroy. Satyendra Sinha Act 1935, it was divided into 2 separate President prepared the Draft of
The Secretary of Punjab, NWFP, was the law member. CRIPPS
State for India was Acts. MOUNTBATTEN PLAN – the new constitution of
assisted by the
Bengal. MISSION – INDIAN INDEPENDENCE Independent India in February
Council of India. GOVERNMENT OF INDIA ACT, 1942 ACT – 1947 1948.
This Council had 1919 – MONTAGU CHELMSFORD The Constitution was adopted
15 members. The INDIAN COUNCIL
Council was an REFORMS on Nov. 26,1949
advisory body. ACT OF 1892 In 1942 Cripps Mission The Constitution came into
Governor General was sent to India under effect on Jan. 26,1950, making
Government of India Act, 1919 was also known as the Montagu the leadership of Sir British India
of India was made was India a Republic.
the Viceroy of Chelmsford reforms. Stafford Cripps. Some of
Bicameralism was introduced for the 1st time. partitioned On that day, the Assembly
India. the proposals given by the
Provincial and Central Subjects were separated. Cripps Mission are given into India and ceased to exist, transforming
Lord Canning was
the 1st Viceroy of Dyarchy, a scheme of Dual Governance was introduced in the Provincial below. Pakistan with itself into the Provisional
Subjects, it was divided into Reserved and Transferred. Transferred list Dominion status would be effect from Parliament of India until a new
India. 15th August
included agriculture, health, education, and supervision of local given to India, after the Parliament was constituted in
government. The Transferred list was given to the Government of 2nd World War. 1947.
Conferred 1952.
Ministers answerable to Provincial Council. The reserved list included Once the Second World It is the longest written
communications, foreign affairs, defence; this transferred list was under War ends, an elected body complete
The size of the Legislative Council was the control of Viceroy. would be set up in India for legislative Constitution in the world
increased. Out of 6 members in Viceroy’s Executive Council 3 of them were Indians. framing of Indian authority to containing 395 Articles and 12
The Legislative Council was given more The Act provided provisions for establishment of Public Service Constitution. the Schedules.
power, they had the power to deliberate Commission in India for the first time. Even Indian States would Constituent
on the Budget and could pose questions to Communal Representation extended to Christians, Anglo-Indians, Sikhs. participate in the Assembly.
the Executive. Franchise was given to a limited population which was based on people Constitution making body. Established
Indirect elections were introduced for the who had taxable income, had property and paid land revenue of Rs 3000. Almost all the Parties and Governments
1st time. Montagu Chelmsford Reforms made provision for setting up a statutory sections in India rejected at both
The Principal of Representation was commission at the end of 10 years to look into the working of the the proposals given by the Provinces
introduced as per provisions given in Government. Cripps Mission. and States.
Indian Council Act of 1892.
MIND-MAP
A co-operative society is a type of volunteer
association. Article 19 states that the Right to form co- The Cooperatives play very important role in India
operative societies is a fundamental right and Article because it is an organization for the poor, illiterate
43-B provides for the promotion of co-operative and unskilled people. The importance of The co-operative sector, has shown
societies (DPSP). Cooperative sector for India is given below: weaknesses in safeguarding the
The main purpose of co-operative societies is to It provides agricultural credits and funds where interests of the members and
provide service to its members. It is a kind of business state and private sectors have not been able to fulfilment of objects for which these
where individuals belonging to the same class and do very much. institutions were organised.
similar profession join their hands for the promotion of It provides strategic inputs for the agricultural- In spite of considerable expansion of
their common goals. sector; consumer societies meet their co-operatives, their performance in
consumption requirements at concessional qualitative terms has not been up to
rates. the desired level.
WHAT ARE CO-OPERATIVE It helps to overcome the constraints of The Central Government was
SOCITIES? agricultural development. committed to ensure that the co-
operative societies in the country
CO-OPERATIVE MOVEMENTS IN function in a democratic,
INDIA professional, autonomous and
economically sound manner.
IMPORTANCE OF COOPERATIVE
SECTOR FOR INDIA
The need for profitability
is balanced by the needs REASONS FOR THE 97TH
of the members and the
COOPERATIVE
AMENDMENT
wider interest of the
community, the
Cooperative Movement
was started by the weaker CO-OPERATIVE SOCITIES BY 97TH
SOCIETIES
sections of society for CONSTITUTIONAL AMENDMENT ACT
protecting its members CO-OPERATIVE
from the clutches of profit MOVEMENT IN PRE-
hungry businessmen. INDEPENDENCE ERA
The 97th Constitutional Amendment Act of 2011 gave
a constitutional status and protection to co-operative
COMMITTEE RELATED societies. In this context, it made the following three
CO-OPERATIVE
TO THE COOPERATIVE changes in the Constitution:
The term cooperative Societies came MOVEMENT IN POST-
into existence when the farmers of MOVEMENTS IN INDIA It made the right to form co-operative societies a
INDEPENDENCE ERA fundamental right (Article 19).
Poona and Ahmednagar spearheaded an
agitation against the money lenders who It included a new Directive Principle of State Policy
were charging exorbitant rates of After independence cooperatives became an integral part of Five- on promotion of cooperative societies (Article 43-B).
interest. Hence, British government came Year Plans. It added a new Part IX-B in the Constitution which is
forward and passed three acts- the In 1958, the National Development Council (NDC) had recommended entitled as “The Cooperative Societies” (Articles 243-
Deccan Agriculture Relief Act (1879), the a national policy on cooperatives and also for training of personnel's ZH to 243-ZT).
Land Improvement Loan Act (1883) and and setting up of Co-operative Marketing Societies. The new Part IX-B contains various provisions to
the Agriculturists Loan Act (1884). Agriculture in India ensure that the cooperative societies in the country
But Cooperative move came with In 1984, Parliament of India enacted the Multi-State Cooperative function in a democratic, professional, autonomous
structure and shape when British Societies Act to remove the plethora of different laws governing the and economically sound manner.
enactment of the Cooperative Credit same types of societies. It empowers the Parliament in respect of multi-state
Societies Act, 1904. In 1919, cooperation The most important success stories lays behind the success of White cooperative societies and the state legislatures in
became a provincial subject and the Revolution which made the country the world's largest producer of respect of other co-operative societies to make the
provinces were authorised to make their milk and milk products; and Green Revolution and the conversion of appropriate law.
own cooperative laws under the villages into model villages have assumed great importance in the
Montague-Chelmsford Reforms. This wake of the Green Revolution. All-India Rural Credit Survey Committee Report (1954)
categorization carried on to Government Government of India announced a National Policy on Co- operatives Chaudhary Brahm Prakash Committee (which proposed a
of India Act, 1935. In 1942, Government in 2002. The ultimate objective of the National Policy is to- model law) (1990)
of British India enacted the Multi-Unit Provide support for promotion and development of cooperatives Mirdha Committee (1996)
Cooperative Societies Act to cover Reduction of regional imbalances Jagdish Kapoor Committee (2000)
Cooperative Societies with membership Strengthening of cooperative education, training and human resource Vikhe Patil Committee (2001)
from more than one province. development V. S. Vyas Committee (2001 and 2004)
In 2004, the Government of India decided to create new category of languages called MIND-MAP
as “classical languages”. In 2006, it laid down the criteria for conferring the classical
Part XVII of the Constitution language status. So far (2019), the six languages are granted the classical language
deals with the official language status.
in Articles 343 to 351. Its Languages - Year of Declaration
provisions are divided into four Tamil (2004)
heads–Language of the Union, Sanskrit (2005)
Regional languages, Language Telugu (2008)
Kannada (2008)
of the judiciary and texts of Malayalam (2013)
laws and Special directives. INTRODUCTION
Odia (2014)
The criteria for declaring a language as classical mandates high antiquity of its early
texts/recorded history over a period of 1,500– 2,000 years, a body of ancient lit-
erature/texts which is considered a valuable heritage by generations of speakers and a
OFFICIAL LANGUAGE OF THE literary tradition that is original and not borrowed from another speech community.
UNION Also since the classical language and literature is distinct from the modern, there can
also be a discontinuity between the classical language and its later forms or its
offshoots.
It shall be the duty of the Union to promote the
The official language of the Union shall be Hindi in spread of the Hindi language, to develop it so that it
Devanagari script. The form of numerals to be may serve as a medium of expression for all the
CLASSICAL LANGUAGE STATUS elements of the composite culture of India and to
used for the official purposes of the Union shall be
the international form of Indian numerals. secure its enrichment by assimilating without
Notwithstanding anything, for a period of fifteen interfering with its genius, the forms, style and
years from the commencement of this expressions used in Hindustani and in the other
OFFICIAL LANGUAGE IN
Constitution, the English language shall continue languages of India specified in the Eighth Schedule
to be used for all the official purposes of the Currently, the Eighth Schedule of the Constitution
Union for which it was being used immediately contains 22 languages-Assamese, Bengali, Gujarati,
before such commencement: Provided that the Hindi, Kannada, Kashmiri, Konkani, Malayalam,
INDIAN CONSITUTION
President may, during the mentioned period, by Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit,
order authorise the use of the Hindi language in Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili
addition to the English language and of the
Devanagari form of numerals in addition to the and Dogri.
international form of Indian numerals for any of However, no time frame can be fixed for
the official purposes of the Union. consideration of the demands for the inclusion of
Notwithstanding anything in this article, more languages in the Eighth Schedule to the
Parliament may by law provide for the use, after Constitution of India.
the said period of fifteen years, of the English
language, or the Devanagari form of numerals, for LANGUAGES USED IN JUDICIARY
such purposes as may be specified in the law. REGIONAL LANGUAGES AND LAWS
THE DIRECTIVE FOR DEVELOPMENT
OF THE HINDI LANGUAGE
Language to be used in the Supreme Court
The Constitution does not specify the official language of different states. In this regard, it makes the following provisions: and in the High Courts and for Acts, Bills, etc-
The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official Notwithstanding anything in the foregoing
language of that state. Until that is done, English is to continue as official language of that state. provisions of this Part, until Parliament by law
Under this provision, most of the states have adopted the major regional language as their official language. For otherwise provides— SPECIAL DIRECTIVES
example, Andhra Pradesh has adopted Telugu, Kerala– Malayalam, Assam–Assamese, West Bengal–Bengali, Odisha– All proceedings in the Supreme Court and in
Odia. every High Court,
The nine northern states of Himachal Pradesh, Uttar Pradesh, Uttarakhand, Madhya Pradesh, Chhattisgarh, Bihar, The authoritative texts
Jharkhand, Haryana and Rajasthan have adopted Hindi. Gujarat has adopted Hindi in addition to Gujarati. Similarly, Goa Language is to be used in representations for
The Governor of a State may, with the
has adopted Marathi in addition to Konkani. Jammu and Kashmir has adopted Urdu (and not Kashmiri). previous consent of the President, authorise redressal of grievances to any officer or authority
On the other hand, certain north-eastern States like Meghalaya, Arunachal Pradesh and Nagaland have adopted English. the use of the Hindi language, or any other of the Union or a State in any of the languages
Notably, the choice of the state is not limited to the languages enumerated in the Eighth Schedule of the Constitution. language used for any official purposes of the used in the Union or in the State, as the case may
For the time being, the official language of the Union (i.e., English) would remain the link language for communications State be.
between the Union and the states or between various states. The Parliament has not made any law Special Officer for Linguistic Minorities
The Official Languages Act (1963) lays down that English should be used for purposes of communication between the prescribing Hindi to be used as a language of
Union and the non-Hindi states (that is, the states that have not adopted Hindi as their official language). There shall be a Special Officer for linguistic
the Supreme Court, and hence the sole minorities to be appointed by the President. It
Further, where Hindi is used for communication between a Hindi and a non- Hindi state, such communication in Hindi language of the Supreme Court has been
should be accompanied by an English translation. English. Incidents have occurred in the past,
shall be the duty of the Special Officer to
When the President (on a demand being made) is satisfied that a substantial proportion of the population of a state wherein a petition in Hindi was rejected by investigate all matters relating to the safeguards
desire the use of any language spoken by them to be recognised by that state, then he may direct that such language Supreme Court on the ground that the provided for linguistic minorities under this
shall also be officially recognised in that state. This provision aims at protecting the linguistic interests of minorities in language of the court was English and Constitution and report to the President upon
the states. allowing Hindi would be unconstitutional. those matters.
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MIND MAPS

AND CONCEPT OF STATE

THE INDIAN CONSTITUTION

Before 1947, India was divided into

PITT’S INDIA ACT OF 1784

On 2 September 1953 while CONSTITUTION

THE PREAMBLE TO THE

THE UNION AND ITS

DIFFERENT TYPES OF MAJORITY REQUIRED FOR

more than 50% of

Freedom is one of the

SIX FUNDAMENTAL RIGHTS

CONCEPT OF STATE AND

FUNDAMENTAL RIGHTS PART 2

RIGHT TO EQUALITY AND EQUAL

FUNDAMENTAL RIGHTS PART 3 –

RIGHT TO FREEDOM (ARTICLE 19-22)

Freedom of speech and of the press laid at the

SOME LANDMARK SUPREME

COURT JUDGMENTS REGARDING

THE FREEDOM OF EXPRESSION

THE MINES ACT OF 1952

FUNDAMENTAL RIGHTS PART 4 –

RIGHT AGAINST EXPLOITATION

This article permits educational institutions that are maintained by

FUNDAMENTAL RIGHTS PART 5 –

RELIGION (ARTICLE 25-28)

FUNDAMENTAL RIGHTS PART 6 –

CULTURAL AND EDUCATIONAL

RIGHTS (ARTICLE 29-30)

FUNDAMENTAL RIGHTS PART 7 –

REMEDIES (ARTICLE 32)

DIRECTIVE PRINCIPLES OF STATE

An Indian Citizen who has completed 35 years of

THE OFFICE OF VICE

The Constitution lays down the following two conditions of the

THE OFFICE OF PM AND

COMPOSITION OF THE HOUSE OF

Subject to the provisions of article 331, the House

COMPOSITION OF TWO HOUSES

PARLIAMENT PART 2- SYSTEM

OF ELECTIONS TO LOK SABHA

Parliament is empowered to choose the LOK SABHA CONSTITUENCIES

DURATION OF TWO HOUSES AND

PRESIDING OFFICERS AND

PARLIAMENT PART 6- DEVICES

PARLIAMENT PART 7- LEGISLATIVE

PROCEDURES AND JOINT SITTING

BUDGET IN PARLIAMENT TYPES OF BILLS Money bill

PARLIAMENT PART 10-

PARLIAMENTARY CONTROL AND

POSITION OF RAJYA SABHA

WHAT ARE PARLIAMENTARY

PARLIAMENT PART 11-

THE OFFICE OF CHIEF

MINISTER AND COUNCIL

JUDICIARY PART 2- JUDICIAL REVIEW,

Judicial review is the power of the judiciary to

JUDICIARY PART 3- HIGH

COURT, TRIBUNALS AND

ELIGIBILITY CRITERIA Article 323 A empowers the Parliament to provide for

CONCEPT OF FEDERALISM PART