Escolar Documentos
Profissional Documentos
Cultura Documentos
PAGE 1
PIO Card Holder ................................................................................................................................................................................. 31
OCI (Overseas Citizen of India) Card Holder .................................................................................................................................. 31
Single Citizenship .............................................................................................................................................................................. 32
Rights only for Indian Citizens ......................................................................................................................................................... 33
The Citizenship Act, 1955: RTD – Loss of Citizenship: 3 ways ...................................................................................................... 33
Acquiring Citizenship: 5 ways .......................................................................................................................................................... 33
FUNDAMENTAL RIGHTS [Art. 12 – Art. 35] [Part 3] ......................................................................................................................... 35
Why Fundamental? ........................................................................................................................................................................... 35
List of FRs ........................................................................................................................................................................................... 36
Right to Equality ............................................................................................................................................................................. 36
Right to Freedom ............................................................................................................................................................................ 36
Right against Exploitation ............................................................................................................................................................. 36
Right to freedom of Religion .......................................................................................................................................................... 36
Cultural and Educational Rights ................................................................................................................................................... 36
Right to Constitutional Remedies ................................................................................................................................................. 37
Features of FRs ................................................................................................................................................................................... 37
Article 12 – Definition of State .......................................................................................................................................................... 38
Article 13 – Laws inconsistent with FRs ........................................................................................................................................... 39
Article 14 – Equality before of LAW and Equal protection of LAWS ........................................................................................... 40
Article 15 – No Discrimination.......................................................................................................................................................... 40
Article 16 – Equality of Opportunity in Public Employment ..........................................................................................................41
Article 17 – Abolition of Untouchability ...........................................................................................................................................41
Article 18 – Abolition of Titles .......................................................................................................................................................... 42
Article 19 - Right to Freedom ............................................................................................................................................................ 42
a) Right to freedom of Speech and Expression ........................................................................................................................ 42
b) Right to assemble peaceably and without arms.................................................................................................................. 43
c) Right to form associations or unions or co-operative societies ......................................................................................... 43
d) To move freely throughout the territory of India ............................................................................................................... 43
e) To reside and settle in any part of the Indian Territory ..................................................................................................... 43
g) To practice any profession or to carry on any occupation, trade or business .................................................................. 43
Article 20 – Protection against arbitrary and excessive punishment ........................................................................................... 44
Article 21 – Protection of Life and Personal Liberty ....................................................................................................................... 44
Evolution of interpretations of Art.21 ............................................................................................................................................ 45
Gopalan Era (1950) ......................................................................................................................................................................... 45
Menaka Gandhi Case (1978): A New dimension added ................................................................................................................ 45
PAGE 2
Post Menaka Gandhi Period: Dynamic Interpretation of Art.21 ................................................................................................. 46
Article 21A – Right to Compulsory Education................................................................................................................................. 46
Article 22 – Protection against arrest and detention in certain cases .......................................................................................... 47
Article 23 – Prohibition of traffic in human beings and forced labor ........................................................................................... 47
Article 24 – Prohibition of Employment of children in factories etc............................................................................................ 48
Article 25 – Freedom of Conscience and free profession, practice and propagation of religion. .............................................. 48
Article 26 – Freedom to manage religious affairs ...........................................................................................................................49
Article 27 – Freedom as to payment of taxes for promotion of any particular religion..............................................................49
Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions .....49
Article 29 – Protection of interests of minorities ...........................................................................................................................49
Article 30 – Right to minorities to establish and administer educational institutions. .............................................................49
**Article 31 – Repealed by 44th CAA 1978. ....................................................................................................................................... 50
Article 32 – Right to Constitutional Remedy .................................................................................................................................. 50
Writs (5) ............................................................................................................................................................................................... 51
PAGE 3
Kesavanda Bharati V. Kerala State, 24 April 1973 ........................................................................................................................ 58
42nd CAA, 1976 repelled Art. 31(c) .................................................................................................................................................. 59
Classification ...................................................................................................................................................................................... 59
Socialist Principles .........................................................................................................................................................................60
Gandhian DPSP ..............................................................................................................................................................................60
Liberal – Intellectual principles .....................................................................................................................................................60
DPSPs outside part IV ........................................................................................................................................................................61
DPSP after amendments ....................................................................................................................................................................61
Criticism...............................................................................................................................................................................................61
Importance ..........................................................................................................................................................................................61
Implementation of DPSPs through… ............................................................................................................................................... 62
FUNDAMENTAL DUTIES [Art. 51A] [Part IVA] ................................................................................................................................. 63
Introduction ....................................................................................................................................................................................... 63
Swaran Singh Committee .................................................................................................................................................................. 63
Observations ...................................................................................................................................................................................... 64
Criticism.............................................................................................................................................................................................. 64
Significanc1e ....................................................................................................................................................................................... 64
Laws giving effect to FD .................................................................................................................................................................... 64
Fundamental Duties: List (11) ........................................................................................................................................................... 64
CONSTITUTIONAL AMENDMENTS [Part XX] [Art. 368] ...............................................................................................................66
Amendments in USA .........................................................................................................................................................................66
Amendments in India ........................................................................................................................................................................66
PAGE 4
Suspension of FR guaranteed by Art. 19 ......................................................................................................................................... 71
Suspension of Right of Enforcement of FR (Art. 359) .................................................................................................................. 72
Failure of the Constitutional Machinery ......................................................................................................................................... 73
Approval and Duration .................................................................................................................................................................. 73
Consequences.................................................................................................................................................................................. 73
S.R.Bommai V. Union of India (1994) ........................................................................................................................................... 73
Difference between NE and SE ....................................................................................................................................................... 74
Financial Emergency ......................................................................................................................................................................... 74
Approval and Duration .................................................................................................................................................................. 74
Consequences.................................................................................................................................................................................. 75
SYSTEM OF GOVERNMENT ............................................................................................................................................................... 76
PARLIAMENTARY SYSTEM ................................................................................................................................................................. 76
Difference between Parliamentary System and Presidential System ........................................................................................... 76
Reasons for adopting Parliamentary System................................................................................................................................... 77
Distinction between Indian and British Models ............................................................................................................................. 78
FEDERAL SYSTEM ................................................................................................................................................................................ 79
Federal features of the Indian Constitution .................................................................................................................................... 79
Unitary Features of the Constitution ...............................................................................................................................................80
Certain Evaluation of the Federal System .......................................................................................................................................80
CENTRE-STATE RELATIONS .............................................................................................................................................................. 82
Legislative Relations [Art. 245 to 255] [Part XI] .............................................................................................................................. 82
Territorial extent of Central and State legislation ....................................................................................................................... 82
Distribution of Legislative Subjects .............................................................................................................................................. 82
Parliamentary Legislation in State Field ....................................................................................................................................... 82
Centre’s control over State Legislation ......................................................................................................................................... 83
Administrative Relations [A 256 – A 263] [Part XI] ........................................................................................................................ 84
Distribution of Executive Powers .................................................................................................................................................. 84
Obligation of States and the Centre .............................................................................................................................................. 84
Relations during Emergency .......................................................................................................................................................... 84
All India Services ............................................................................................................................................................................ 84
Public Service Commissions .......................................................................................................................................................... 84
Integrated Judicial System ............................................................................................................................................................. 84
Financial Relations [A 268 – A 293] [Part XII] ................................................................................................................................ 85
INTER-STATE RELATIONS ..................................................................................................................................................................86
Inter-State Water Disputes ...............................................................................................................................................................86
PAGE 5
Inter-State Councils ...........................................................................................................................................................................86
Inter-State Trade and Commerce.....................................................................................................................................................86
Zonal Councils....................................................................................................................................................................................86
Objectives ..............................................................................................................................................................................86
PARLIAMENTARY PROCESSES AND INSTRUMENTS Art. 79 – 122 .............................................................................................. 87
Composition of RS ............................................................................................................................................................................. 87
Composition of LS ............................................................................................................................................................................. 87
System of Elections to LS .................................................................................................................................................................. 87
Territorial Constituencies .............................................................................................................................................................. 87
Readjustment after each Census ................................................................................................................................................... 87
Proportional Representation not adopted .................................................................................................................................... 87
Duration .............................................................................................................................................................................................. 88
Speaker ................................................................................................................................................................................................ 88
Duties .............................................................................................................................................................................................. 88
Independence and Impartiality ...................................................................................................................................................... 88
Deputy Speaker .................................................................................................................................................................................. 88
Chairman ............................................................................................................................................................................................89
Sessions of Parliament .......................................................................................................................................................................89
Question Hour ................................................................................................................................................................................89
Legislative procedure.........................................................................................................................................................................90
Ordinary Bills .....................................................................................................................................................................................90
1. First Reading .........................................................................................................................................................................90
2. Second Reading .....................................................................................................................................................................90
3. Third Reading ........................................................................................................................................................................90
4. Bill in the Second House .......................................................................................................................................................90
5. Assent of the President .........................................................................................................................................................90
Money Bills – Art.110 ..........................................................................................................................................................................90
Financial Bills (I) – Art. 117(1) ............................................................................................................................................................ 91
Financial Bills (II) – Art. 117(3) .......................................................................................................................................................... 91
Joint Sitting ......................................................................................................................................................................................... 91
BUDGETARY POWERs ..................................................................................................................................................................... 91
Expenditure ........................................................................................................................................................................................ 92
Income ................................................................................................................................................................................................ 93
Budget Session ................................................................................................................................................................................... 93
Procedure ........................................................................................................................................................................................ 93
PAGE 6
Funds ............................................................................................................................................................................................... 94
Multifunctional role of Parliament ..................................................................................................................................................94
1. Legislative .............................................................................................................................................................................. 94
2. Executive ................................................................................................................................................................................ 94
3. Financial ................................................................................................................................................................................ 94
4. Constituent ............................................................................................................................................................................ 94
5. Judicial ................................................................................................................................................................................... 94
6. Electoral ................................................................................................................................................................................. 94
7. Others .................................................................................................................................................................................... 94
Position of Rajya Sabha .....................................................................................................................................................................94
Equal Status with LS ...................................................................................................................................................................... 94
Unequal Status with LS .................................................................................................................................................................. 94
Special Powers of RS ....................................................................................................................................................................... 95
Parliamentary Committee ................................................................................................................................................................. 95
Why is it required? ......................................................................................................................................................................... 95
Types of Committees ...................................................................................................................................................................... 95
Impeachment Procedure.......................................................................................................................................................99
Powers ............................................................................................................................................................................................... 100
Legislative Powers ........................................................................................................................................................................ 100
Executive Powers .......................................................................................................................................................................... 100
Financial Powers ............................................................................................................................................................................ 101
Judicial Powers ............................................................................................................................................................................... 101
PAGE 7
Diplomatic powers......................................................................................................................................................................... 101
Military Powers.............................................................................................................................................................................. 101
Emergency Powers ......................................................................................................................................................................... 101
Veto (Reject) Power ..........................................................................................................................................................................102
Absolute Veto................................................................................................................................................................................. 102
Suspensive Veto ............................................................................................................................................................................. 102
Pocket Veto .................................................................................................................................................................................... 102
Pardoning POwer (A 72) ..................................................................................................................................................................102
VICE-PRESIDENT ................................................................................................................................................................................. 103
Election .............................................................................................................................................................................................. 103
Qualifications .................................................................................................................................................................................... 103
Removal .......................................................................................................................................................................................... 103
Functions ........................................................................................................................................................................................... 103
THE STATES [A 152 – A 237] [PART V] ............................................................................................................................................. 104
GOVERNOR ......................................................................................................................................................................................... 104
Qualifications ................................................................................................................................................................................... 104
Oath .................................................................................................................................................................................................. 104
Appointment and Term .................................................................................................................................................................. 104
Issues with respect Appointment & Removal ............................................................................................................................... 104
In reality – whims and fancies of Central Govt. .......................................................................................................................... 105
Powers ................................................................................................................................................................................................105
PAGE 8
Disqualification ................................................................................................................................................................................. 110
Privileges ............................................................................................................................................................................................ 110
Privileges to Individual Members ........................................................................................................................................ 110
Directions issued by Courts to Govt. authorities for protection of FRs + fulfilment of Public Interests ..................... 116
PAGE 9
Judicial Activism in Interpretation of FRs .......................................................................................................................117
Activism V. Restraint .........................................................................................................................................................................117
Court’s Score Card .............................................................................................................................................................................117
PIL Score card.................................................................................................................................................................................... 118
PIL’s Mixed Success – Benefits ..................................................................................................................................................... 118
PIL’s Mixed Success – Issues......................................................................................................................................................... 118
Comparison of Indian SC and American SC .................................................................................................................................. 119
HC differ SC in the following aspects ............................................................................................................................................. 119
PAGE 10
Before Independence ........................................................................................................................................................................ 123
Modern India ................................................................................................................................................................................. 124
After Independence ........................................................................................................................................................................ 124
Present Status of PRI. How can they be strengthened? ................................................................................................................ 125
Objectives ....................................................................................................................................................................................... 125
Creating a Sustainable Rural Economy ....................................................................................................................................... 125
Municipalities ....................................................................................................................................................................................126
PAGE 11
INDIAN POLITY
The Daily drama being enacted on the stage of Constitution is Indian Polity.
Constitution:
Q. What is the origin of the Indian Polity and do you believe that in India we have Unity in Diversity?
The Indian sub-continent has been a crucible (melted here) of civilizations. Several cultures have made it home.
They have left their cultural mark on it. This explains the Cultural Diversity.
In this diversity, arose an illustration of a FAITH. The Faith was that India i.e. Bharat can be organized and
governed on the basis of single constitution. This is the origin of Constitutional form of Governance in India. This
faith is called as CONSTITUTIONALISM. This is the first proof of Unity.
Because of this faith the CONSTITUENTASSEMBLY was established which drafted the Constitution of India,
1950 and then adopted it. Thus Constitutionalism is not anything written as Constitution of India, it is just an idea,
a faith that our society can be organized on the basis of Constitution. Thus established Constituent Assembly which
led to adoption.
Faith (Constitutionalism) ------> Constituent Assembly ------> Constitution of India, 1950
The Assembly was represented from entire India and out of 299 members of Constituent Assembly 229 are form
provinces (directly under British control) and 70 are from Indian States. This diverse Constituent Assembly was
the second proof of Unity.
The Constituent Assembly in the Constitution has laid down the common agenda which the People of India needs
to pursue thus India is to be organized along the ideals of Sovereign, Socialist, Secular, Democratic and Republic
further all citizens should enjoy Justice, Equality, Fraternity (Brotherhood), Liberty and Dignity of Individual.
Furthermore the common objective is Unity and Integrity of Nation. This is the third proof of Unity.
In our Multi-party Democracy the various political parties have different manifestos. These manifestos are not
only consistent with the common agenda but also designed to promote this agenda. This is the fourth proof of
Unity. It is the same faith which manifests itself in the form of political party manifestos.
The most important proof in this regard is that citizens of India come out and vote in the general elections to the
Loksabha to choose their representatives. Today we are enjoying the 16 th Loksabha. Thus although we are culturally
diverse, ideally and aspirationally we are united. This is the meaning of Unity in Diversity.
The Indian Constitution is the Fundamental, Organic and Supreme Law of the Land which gives the concept,
character and organization of its governance. It tells us the extent of our sovereignty and how to exercise it. It is the
document of people’s faith and aspirations enjoying a special legal sanctity.
By the Fundamental is meant that all other laws of India are originated from the Constitution. Thus it is fountain
head of all laws of India.
By Organic is meant that this law establishes the three organs of State namely the Legislature, the Executive and the
Judiciary. Also because it responds to the changing society. Constitutionalism allows it to respond. Thus written
part is subject to Amendments. The same old words of Constitution of India is given more and more progressive
interpretations by the SC. SC continuously monitors the changes in the society, as the society changes
interpretations changes.
Supreme Law means that all the other laws should be consistent with (in line with or not clashing with) the
Constitution. If they clash with the Constitution then they will be made invalid.
PAGE 12
By Concept and Character is meant that India is a Sovereign, Socialist, Secular country securing to the citizens
Justice, Liberty and Equality etc.
By Organization is meant that India is Democratic, Republic with British Parliamentary form of Governance at the
Center and State Governments.
Sovereignty means Independent authority. The Constitution proclaims it, defines it and provides wage to exercise it.
People’s faith refers to the aspects of Constitutionalism. Aspirations refers to Justice, Equality and Liberty etc.
Special Legal sanctity means that the Constitution of India is used to test the validity of the Parliamentary laws and
not the reverse.
PAGE 13
INDIAN CONSTITUTION
For Government: The Constitution provides the Structure (Union, State, Districts, Municipalities, Panchayats),
Procedure, Power (separation of power: Legislative, Executive, Judiciary) and Duties.
For Citizens: The Constitution provides Fundamental Rights (part III), Directive principles of state policy (DPSP: part
IV) and Fundamental Duties (part IVA).
Longest written constitution of any sovereign country with 448 articles in 25 parts, 12 schedules and 5 appendices.
Dr. Rajendra Prasad was the President of the Constituent Assembly.
Dr. Bhimrao Ramji Ambedkar is the Father of Constitution, Chairman of the drafting committee.
Adopted Indian constitution on November 26, 1949, and came into effect in January 26, 1950. Two months delay was
because on January 26, 1930, Poorna Swaraj event was held by Jawaharlal Nehru.
Assertion of not just autonomy, but that constitution was written by basing on their native culture and traditions and
this gives them authenticity and effectiveness.
To ensure the Constituent Assembly, the fore fathers of the Constitution inserted Article 395, repealing India
Independence Act, 1947 (it states that until the new constitution would be framed, the Dominion would be governed
according to the Government of India Act 1935 i.e., India would be a DOMINION of Britain till 1950). Before 15.08.1947:
Colony. From 15.08.1947 to 26.01.1950: Dominion. From 26.01.1950 onwards: Republic.
Republic of India came into effect by replacing the Government of India Act 1935.
ADOPTION
1. Britain:
1. Parliamentary Democracy
2. Bicameralism (Loksabha and Rajyasabha)
3. Legislation (making laws)
4. Cabinet form of government
5. Rule of Law:
i. Supremacy of Law (No one is above law).
ii. All classes are subjected to same law.
iii. Impartial, Integrated, Independent and Powerful Judiciary.
6. Single Citizenship
7. Prerogative writs (Art. 32)
8. Office of Comptroller and Auditor General (Art. 148)
3. USA:
1. Preamble
2. Fundamental Rights (part III).
3. Judicial Review and Independence of Judiciary.
4. Separation of Powers (LEJ)
5. Office of Vice-President.
6. Impeachment of President, Supreme Court and High Court Judges. (formal process of taking action against
the official accused of unlawful activity)
PAGE 14
4. Canada:
1. Federal government with strong Centre, placing residuary powers with Centre (Art. 248)
2. Appointments of State Governors.
3. Advisory role of Supreme Court (Art. 143) (Presidential reference: The President can request the SC to
provide its advice on any question of law or fact of public importance and the SC may or may not wish to
answer to that question).
5. Germany: Emergency Provisions (Part XVIII) including suspension of Fundamental Rights during emergency.
8. Australia:
1. Concurrent List (Art. 246(2): List III in Seventh Schedule)
2. Joint sitting of Parliament (Art. 108)
3. Freedom of Trade (Art. 301)
4. Commerce and Inter-state Trade (Art. 304)
9. South Africa:
1. Amendment Procedure (Art. 368).
2. Indirect Elections for Rajyasabha members.
10. Japan: Procedure established by law (a law that is duly enacted by legislature or the concerned body is valid if it has
followed the correct procedure) (Due Process of Law (American concept) = Procedure established by law + law
made should be fair, just and not arbitrary).
11. Ireland:
1. Directive Principles of State Policy (DPSP: Part IV: Art. 36 – Art. 51)
2. Election process of President and nomination of members by President (2 – Loksabha and 12 – Rajyasabha)
PAGE 15
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly (something done in a serious manner) resolved to constitute India into a
SOVEREIGN, SOCIALIST (42nd CAA, 1976), SECULAR (42nd CAA), DEMOCRATIC, REPUBLIC (S3DR) and to secure to all its
citizens:
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION. (AEGOC)
WHAT IS PREAMBLE?
Adopted from USA Constitution. Objectives resolution of Nehru adopted by Constituent Assembly on 22.01.1947.
The preamble of a statute sets out the main objectives which the legislation is intended to achieve, fundamental
values and guiding principles on which the Constitution is based.
The Preamble plays a pivotal role when there is an ambiguity in provisions of any Article or interpretation becomes
confusing. This is when the spirit of the Preamble becomes the guiding factor.
In a majority of decisions, SC has ruled that the Preamble is non-enforceable and non-justiciable.
Berubari Case, 1960: SC declared that Preamble is not integral part of the Constitution. So that it is not enforceable.
Kesavananda Bharati Case, 1973 & LIC Case, 1995: Preamble is the integral part of the Constitution but non-
enforceable.
It is amendable as there are cases of amendments (42nd CAA, 1976).
Sovereign:
Socialist:
The word Socialist was added to the Preamble by the 42nd CAA of 1976 during National Emergency. Before
amendment, these were incorporated as some of DPSPs.
The term Socialist here means Democratic socialism i.e. achievement of socialistic goals (social and economic
equality) through democratic, evolutionary and non-violent means.
Social equality: Everyone has equal status and opportunities and no discrimination on any ground.
PAGE 16
Economic equality: To make the distribution of the wealth equally and provide a decent standard of living for all.
This is a commitment towards the formation of the WELFARE STATE.
A mixed economy in which both Public sector and Private sector run together as two wheels of economic
development.
Then the provisions of Democratic Socialism were diluted by Liberalization, Privatization and Globalization which
happened in 1991.
Secular:
The word Secular was added to the Preamble by the 42 nd CAA of 1976 during National Emergency. The amendment
turns implicit (indirectly stated) (Art. 25 – Art. 28) to Explicit (directly stated) by introducing this word into
Preamble.
Secular means the relationship between the government and the people which is determined according to
constitution and law and does not depend on any religion.
A state which does not recognize any religion as the state religion, it treats all religions equally irrespective of
numeracy strength and other factors. S.R. Bommai Vs. UOI (1994)
The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly
indicate the democratic spirit involved in the Constitution.
The people of India elect their governments at all levels by system of “Universal Adult Franchise (to only
Loksabha and State Legislatures), Right to Vote (at all levels of System): One man - One vote”. Every Citizen
enjoys this right without any discrimination on any ground of caste, creed, color, sex, religion or education who
is 18 years of age.
The word 'democratic' not only refer to political but also to social (a socialist system of govt. achieved by
democratic means) & economic (shift decision making power from corporate managers to a larger group
of public shareholders) democracy. Dr. B R Ambedkar told that, “No political democracy without Social
democracy”.
Impartial, Integrated, Independent Judiciary.
Republic:
Justice: Justice refers to 3 varying aspects – Social, Economic and Political (SEP) which are secured through Fundamental
Rights and DPSPs. All three aspects were already discussed above. Social J. + Economic J. = Distributive J.
Liberty:
PAGE 17
Equality:
This envisages that no section of the society enjoys special privileges and individuals are provided with adequate
opportunities without any discrimination.
Status and opportunity – political, economic and civic.
Equality (Art. 14 – Art. 18), DPSP Art. 39 (Equal pay for equal work after securing livelihood of men and women),
Art. 325 (No discrimination in electoral rolls inclusion), Art. 326 (Universal Adult Franchise).
ANALYSIS OF PREAMBLE
1. The declaratory aspect “We, the people of India gives ourselves this constitution.” This aspect shows that the
source of the Constitution is people of India. Thus the Constitution derived its authority from the people.
The people are ultimate sovereign. Independent authority lies with them. This is the concept of “popular
sovereignty.” Further the sovereignty in India does not lie in a singular monarchy. This concept is in-line with
India being a Republic.
2. The Resolutory aspect “solemnly resolved”. It shows the Bill of the Constitution makers to constitute India into
Sovereign, Socialist, Secular, Democratic and Republic. These are famously called as “Constitutional Ideas.” They lay
down the concept of political democracy in India. India is to be established along the above ideals for the purpose of
empowering the people by granting them Universal adult suffrage.
3. Promissory aspect “To secure…Unity and Integrity of Nation.” Independence change the status of the people of
India from that a British subject to an Indian citizen. The Constitution makers promised the Justice, Liberty and
Equality mentioned in the Preamble. The further promise promoting the Fraternity and Dignity of the individual
and Unity and Integrity of India.
PAGE 18
These promises aim at promoting socio-economic democracy in India. Their final purpose is assuring dignity,
unity and integrity.
3. Enactment aspect – “In our Constituent…Constitution.” This shows as to when our constitution was adopted some
of the constitutional articles came into force immediately (26th November 1949). For E.g.: Art.5 – Art.9 (citizenship).
However the bulk of the constitution commenced from 26th January 1950 which day is called as a Day of
commencement of the Constitution (Art.394).
PHILOSOPHY OF PREAMBLE
Our Preamble is a short summary of the Constitution which brings out its philosophy. The ultimate sovereign is working
towards assuring the dignity of the individual and Unity and Integrity of the Nation. Popular sovereignty in India is ensuring
political democracy and Socio-economic democracy.
Political democracy means that not only the India being established along the ideals of the Modern day nation state
but also the citizens have been empowered by the Universal Adult Suffrage.
Socio-economic democracy is in the form of an agenda for bringing about a socio-economic revolution in the
country. So that the stratified society is converted into an Egalitarian (classless) Society.
The above kind of Democracy is working towards promoting fraternity amongst the people. This feeling of
brotherhood means the harmony is promoted at 3 levels: Individual – Individual, Group – Group and at the level of
units of federation.
The net effect of all this is establishing India with strong democratic ideals and institutions.
Thus above ensures good governance and developmental administration and welfare state setup for massing
and ensuring string India with empowered citizens.
A. The Preamble is not the source of any right and it also does not impose any duty on the citizens.
5. Is the preamble the source of powers of Constitutional offices and limitations upon them?
A. No. Preamble is not the source of any power of the Constitutional offices and it also does not impose any limitation
of their powers.
PAGE 19
6. Is the Preamble the source of Basic Structure?
A. No. The source of Basic Structure are the Articles of the Constitution although the Preamble contains all the words
of Basic Structure yet it is not the source of Basic Structure. In 1973, SC recorded that Socialistic, Secular and Integrity of
India are part of Basic Structure but these words were introduced into the Preamble in 1976 by the 42 nd CAA.
A. Although the Preamble is not the provision of Preamble yet it is within the Basic framework of the Constitution. It
proves Vitality (life) to the Constitution. So its amendment should follow the same rigor (difficulty) which is followed
for amendment of Articles. So Art.368 should be used to amendment of Preamble (Special Majority – 2/3rd of total
membership) – stated in MINERVA MILLS case.
By the 42nd CAA nothing new has been done as far as the Preamble is concerned. Socialistic, Secular and Integrity of
India were already within the Constitutional scheme. This amendment has made explicit what we have implicitly
already in the Constitution.
PAGE 20
SCHEDULES
Schedules are in the constitution to categorize and tabulate Bureaucratic activity and policy of the Govt.
Very much part of the Constitution.
Initially there were 8 Schedules and now there are 12 Schedules.
IX: 1st CAA 1951 – Land reforms – Art. 31B – Now, comes under Judicial review
X: 35th CAA 1974 – Sikkim as Associate state but later 36th CAA admitted Sikkim as State of India. So X became null.
52nd CAA 1985 – Again added X Schedule as Anti-defection Law for MPs and MLAs.
XI: 73rd CAA 1992 – Panchayats – Art. 243G
XII: 74th CAA 1992 – Municipality – Art. 243W
Lakshadweep, Dadra and Nagar Haveli, Daman and Diu: IAS Officers appointed by President.
PAGE 21
SECOND SCHEDULE – SALARIES AND PROVISIONS
Art. 59(3) – President, 65(3) – Vice-President as President, 75(6) – Ministers salaries, 97 – LS and RS, 125 – SC Judges,
148(3) – Comptroller, 158(3) – Governor, 164(5) – State Ministers, 186 – Assembly and Council and 221 – HC Judges.
Provisions and salaries to
1. Part A: President and Governors of States.
2. Part B: Repealed.
3. Part C: Speaker and Deputy Speaker of Loksabha and State legislatures
Chairman and Deputy Chairman of Rajyasabha and State Councils.
4. Part D: Judges of the Supreme Court and of the High Courts.
5. Part E: Comptroller and Auditor-General of India.
Form of Oaths (Theist in the name of God) or Affirmation (Objecting to oath as atheist so solemn declaration) for:
Allocation of seats in the Rajyasabha per State or Union Territory (233 + 12 nominated = 245). Must not be more than 283.
Provisions relating to the Administration and Control of Scheduled Areas and Scheduled Tribes. These are some
parts of States (excluding Assam, Tripura, Meghalaya, Mizoram – ATM Machine)
Scheduled Areas: such areas as the President may by order declare to be Scheduled areas. The criteria followed
for declaring an area as Scheduled Area are preponderance of tribal population; compactness and reasonable size of
the area; under-developed nature of the area; and marked disparity in economic standard of the people.
Scheduled Tribes: Tribes or tribal community which are under Art. 342 considered to be as Scheduled Tribes. The
criterion followed for specification of a community, as scheduled tribes are indications of primitive traits, distinctive
culture, geographical isolation, shyness of contact with the community at large, and backwardness. The President
release the list of tribes by public notification and Parliament may by law can include or exclude from that list.
Compulsory annual report should be submitted by the Governor to the President regarding the administration of
Scheduled Areas.
Prior approval by Gram Sabha to all plans, projects (for socio-economic development) of govt. before
implementation by Panchayats, identify beneficiaries under MGNREGS (Mahatma Gandhi National Rural
Employment Guarantee Scheme) and other schemes.
Gram Sabha and Panchayat need to be consulted before acquisition of land in Scheduled areas for any purpose;
planning and managing minor water bodies; license for minor minerals mining.
Regulate sale and consumption of intoxicants, ownership of minor forest produce, power to prevent alienation of
land, manage village markets, money lending and institution working in social sector.
PAGE 22
Reservation at every Panchayat shall be in proportion to the population of communities (only in scheduled areas).
Tribes Advisory Council [20 members – minimum 15 ST MLAs]:
1. Paragraph 4(1) of the fifth schedule.
2. To advice on such matters pertaining to the development and welfare of the STs in the state as to be
referred to them by the Governor.
3. Tribal Advisory Council has been constituted in the 9 Scheduled Area states: A.P. (including Telangana),
Chhattisgarh, Gujarat, HP, JH, MH, MP, OD, RJ and 2 non-scheduled areas: TN and WB.
SIXTH SCHEDULE [ART. 244(2), ART. 275(1)] – TRIBAL AREAS – ATM Machine
Provisions relating to the Administration of Tribal Areas in the States of Assam, Tripura, Meghalaya and
Mizoram.
Autonomous Districts (District Council) and Autonomous Region (Region Council). There are several
autonomous administrative divisions of India to which the central government has given varying degrees of
autonomy within the state legislature.
State Govt. has significantly limited powers. Governor decides –
1. The composition of District Councils and Regional councils and the allocation of seats therein.
2. The delimitation of territorial constituencies for the purpose of elections to those councils
Powers:
1. Allotment of land for purpose of agriculture, grazing, residential, or for any other purpose likely to promote
the interests of the inhabitants.
2. Establishment of Village or Town Communities and their powers; any other matter relating to village or
town administration (including Police, Health and Sanitation, property, marriage and divorce, customs,
courts and trials, ruling according to local customs).
3. District Councils: Primary schools, Dispensaries, markets, ferries, roads, railways.
4. Power to assess and collect revenue and Taxes on above mentioned list.
5. Licenses for mineral extraction.
6. Separate expenditure in budgets.
PAGE 23
EIGHTH SCHEDULE [ART. 344(1) AND ART. 351] – LANGUAGES
Languages recognized by Constitution: 14 originally
Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odiya (Oriya – 96th CAA –
Delhi NCT also), Punjabi, Sanskrit, Tamil, Telugu, Urdu.
21st CAA: Sindhi [1]
71st CAA: Manipuri, Konkani, Nepali [3]
92nd CAA: Bodo, Dongri, Maithili, Santali [4]
(21 + 71 = 92) (14+ 1 + 3 + 4 = 22 languages)
PAGE 24
15. Non-conventional energy sources.
16. Poverty alleviation program.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centers and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.
TWELFTH SCHEDULE – MUNCIPALITY [Art. 243W] [74th CAA, 1992] [Part IXA]
Specifies the powers, authority and responsibilities of Municipalities.
18 matters:
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
10. Slum improvement and up gradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughter houses and tanneries.
PAGE 25
STRUCTURE OF THE INDIAN CONSTITUTION
Structure
Fundamental Governance
Essence Aspect
Vertical Horizontal
FR
Governance Governance
Division of Separation of
DPSP
Powers Powers
Centre(C) = Executive
FD
States(S) (C&S)
Legislature
(C&S)
Integrated
Judiciary
PAGE 26
Integration of more than 550 states and treating them at par with the provinces. Further resolving to constitute
India into a Sovereign, Socialist, Secular, Democratic and Republic. Further striking the balance between
Parliamentary Supremacy (UK) and Judicial Supremacy (USA), Indian Judiciary may review the State action but
not the wisdom of the Legislature in enacting laws for promoting Constitutional aspirations like Socialistic
setup. The Courts cannot review Policy decisions.
(Review: Court can ask that how the Govt. is issuing Aadhar Cards to Citizens even the Bangladeshi people are
getting it. Wisdom of Legislature: But Court cannot ask the Govt. about Aadhar Card Mission)
Granting Universal Adult Suffrage or Franchise or Right to Vote and no communal representation.
The Composition being – Written part, Conventions as well as Judicial interpretation.
PAGE 27
THE UNION AND ITS TERRITORY [Art. 1 – Art. 4] [Part 1]
ARTICLE 1
ARTICLE 2
Parliament may by law admit a new State into the Union of India, or establish, new states on such terms and conditions as
it thinks fit. Thus Art. 2 grants two powers to the Parliament:
1. The power to admit the new States into the Union of India. E.g.: Sikkim via 36 th CAA 1975 according to Art. 2(A).
2. The power to establish new States. E.g.: Telangana.
ARTICLE 3
Parliament has power to reorganize the States (exception: J&K). Art. 3 authorizes the parliament to –
1. Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by
uniting any territory to a part of any State.
2. Increase the area of any State (diminish also).
3. Alter the boundaries of State.
4. Alter the name of any State.
PAGE 28
Recommendation of President is absolutely required to form the new State or any alternation.
The State of Jammu and Kashmir enjoys the special position by virtue of Art. 370. It has its own separate State
Constitution. IPC is not valid, Ranbir Code is valid there.
President has to refer the bill to the concerning State Legislature(s) concerned for expressing their views within a
specified period. These views may or may not be accepted by the President or by the Prime Minister, even if in time.
If not in time, does not matter anyway.
No need to make a fresh reference to the State Legislature every time an amendment to the bill is moved and
accepted by the Parliament.
Union Territory, parliament is Supreme, can take any decision without any reference.
ARTICLE 4
Laws made under Art. 2 and Art. 3 shall contain such provisions for the amendment of the First Schedule
(territories) and the Fourth Schedule (Rajyasabha seats) and may also contain such supplemental, incidental and
consequential matters.
No such law is made for the purposes of Art. 368 (Constitutional Amendment Procedure). Telangana, Chhattisgarh
etc. were came into being with NO AMENDMENT.
Phase 1:
Phase 2:
Demand from different regions, particularly from South India for reorganization of States under Linguistic basis.
Linguistic provinces Commission or S.K. Dhar Commission in 1948 recommended the reorganization of States
should be done on the basis of Administrative convinces rather than Linguistic factor.
JVP Committee: It Consisted of Jawaharlal Nehru, Valla Bhai Patel and Pattabhi Sitaramayya in 1949. It formally
rejected language as the basis for the reorganization of States.
PAGE 29
Prolonged popular agitation and the death of Potti Sriramulu, a popular Congress person, after 56 days of hunger
strike for the creation of Andhra Pradesh. So, in October 1953, the Govt. of India was forced to create the first
Linguistic State, known as Andhra State, by separating the Telugu speaking areas from Madras.
The creation of Andhra State intensified the demand from other regions for the division on the Linguistic basis.
Fazil Ali Commission, 1955: Broadly accepted language as the basis of reorganization of States. But, it rejected the
theory of ‘One Language – One State’. It identified 4 major factors that can be taken into account in any scheme of
reorganization of States:
1. Preservation and Strengthening of the Unity and Security of the Country.
2. Linguistic and Cultural homogeneity.
3. Financial, Economic and Administrative consideration.
4. Planning and promotion of the welfare of the people in each State as well as of the nation as whole.
Continuous change due to the pressure of popular agitations and political conditions.
Maharashtra and Gujarat in 1960, the bilingual state of Bombay was divided into separate two States – Maharashtra
for the Marathi speaking people and Gujarat for Guajarati Speaking people.
Nagaland: In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang area out of the State of
Assam, to satisfy the movement of the hostile Nagas.
Haryana, Chandigarh, Himachal Pradesh (Shah Commission): In 1966, the State of Punjab was bifurcated to create
Haryana, the 17th State of India, and the UT of Chandigarh because demand for a separate ‘Sikh homeland’ (Punjabi
Subha) raised by the Akali Dal under the leadership of Master Tara Singh. Declared as State, H.P. in 1972 (from 1966
it was UT).
Manipur, Tripura and Meghalaya: 1972
Sikkim: 1975
Mizoram, Arunachal Pradesh, Goa (23rd, 24th and 25th) states in 1987 by signing on a memorandum of settlement
(Mizoram Peace accord) in 1986 between the Central Govt. and the Mizo National front, ending the two decade old
insurgency.
Chhattisgarh, Uttarakhand, Jharkhand out of territories of M.P., U.P. and Bihar in 2000.
On June 2, 2014: Telangana became 29th State of India.
Thus, 29 States (from 14) and 7 UTs (from 6).
NAME CHANGE
PAGE 30
CITIZENSHIP [Art. 5 – Art. 11] [Part 2]
5. Citizenship at the commencement of Constitution. (birth or either of his parents or ordinary resident for not less than 5
years in the Indian territory)
6. Rights of Citizenship of certain persons who have migrated to India from Pakistan.
a) He or either of his parents or either of his grandparents was born in India; and
b) (i) if he migrated before 19 July 1948, he has been ordinarily resident of India since he migrated; or
(ii) If he migrated after 19 July 1948, he has been registered as a citizen by an officer appointed by Govt.
7. Rights of Citizenship of certain migrants to Pakistan (they should be migrated before 1 March 1947) and again came to
back to India under Resettlement Permit (19 July 1948). If anyone migrated to Pakistan after March 1, 1947 then they are
not citizens of India anymore.
8. Rights of Citizenship of certain Persons of Indian Origin (PIO) residing outside India.
9. People voluntarily acquiring citizenship of a foreign state not be citizens.
10. Continuance of the rights of citizenship.
11. Parliament to regulate the right of citizenship by law.
PIO CARD HOLDER (Ministry of Home Affairs Scheme: 15.Sept.2002) (9.Jan.2015 merged with OCI i.e.,
Lifelong validity but few differences)
Eligibility:
A "Person of Indian Origin" means a foreign citizen not being a citizen of Bangladesh, Pakistan, Afghanistan, Bhutan,
China, Nepal, and Sri Lanka. Any person:
1. Who at any time held an Indian passport; or
2. who or either of his parents or grandparents or great grandparents was born in and was a permanent resident in
India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter
provided neither was at any time citizens of any of the aforesaid countries (as referred above) ; or
(Iranian origin can apply for PIO only on basis of their parents or grandparents Indian origin proof)
3. Who is a spouse of a citizen of India or a PIO
OCI (OVERSEAS CITIZEN OF INDIA) CARD HOLDER (2005) – No Pakistan and Bangladesh Origin
Eligibility:
Any foreign national who satisfies any of the following eligibility criteria:
1. was a citizen of India
2. was eligible to become a citizen of India on January 26,1950
3. Belonged to any of the following territories that became part of India after August 15, 1947 (Sikkim, Goa,
Puducherry, Daman and Diu…)
4. a child or grandchild or great grandchild of a person that meets the criteria 1 through 3 above
5. a minor child of a person mentioned in the criteria 1 through 4 above
6. a minor child whose both parents or one of them are citizens of India
PAGE 31
7. spouse of foreign origin of a citizen of India or OCI holder and whose marriage has been registered and subsisted for
at least two years immediately before applying
Inner Line Permit (ILP): only for Indian citizens to enter into protected areas (mostly N-E areas, some parts of Rajasthan,
Kashmir, Uttarakhand, and Himachal Pradesh) for limited time period. Because, Indians have right to move to any part of
the country and can settle, do business. So to restrict that right and to protect Tribal customs and cultures, ILP is required.
Protected Area Permit (PAP): Issued to a group (More than 1 person: min. 2). Non-Indians to protected areas (above
mentioned states). For limited time period.
Restricted Area Permit (RAP): Issued to individuals. Non-Indians to restricted areas (all Andaman Islands and parts of
Sikkim). Indians do not need special permission to visit restricted areas.
Problems with PAP and RAP: Native people from the concerned areas who are married to a Non-India or having children
of different nationality cannot settle permanently in their native area with their family because it’s not possible to get a
permanent permit for their Non-Indian family members.
SINGLE CITIZENSHIP
Despite being federal, only a single Indian Citizenship i.e., citizens in India owe allegiance (loyalty) only to the
Union. There is no separate State Citizenship.
USA and Switzerland adopted the system of Double Citizenship. In USA, each person is not only a citizen of USA
but also of particular State to which he belongs. Thus he owes allegiance to both and enjoys dual sets of rights,
which sometimes leads to discrimination.
In India, all citizens irrespective of the State in which they are born or reside enjoy the same political and civil rights
of citizenship all over the country without any discrimination.
Exceptions:
1. The Parliament (under Art. 16) can prescribe residence as a condition for certain employments or
appointments. E.g.: Andhra reserves jobs of grade 3 &4 for localities only.
2. Art. 15 prohibits discrimination against any citizen only on grounds of religion, race, caste, sex or place of
birth (not on the ground of residence). So, those rights not covered by constitution can be discriminated
against.
PAGE 32
3. The freedom of movement and residence (under Art. 19) is subjected to the protection of interests
(distinctive culture, language, customs and manners) of any Schedule tribe as a safeguard against
exploitation.
4. J&K state legislature can confer any special rights and privileges in matters of employment under the State
govt., acquisition of immovable property in the State etc.
PAGE 33
2. Spouse of Indian Citizen with 7 years ordinary residency.
3. Minor or Adult Children of Indian Citizen.
4. Adult living immediately for 1 year in India who or either of his parents was citizen of Independent India.
5. OCI living for 5 years, and who has been residing in India for 1 year before making an application for
registration.
By Naturalization: A foreigner can acquire citizenship of India by applying for such before a competent authority
provided, if a person has rendered distinguished service of the Science, Philosophy, Art, Literature, World peace or
Human progress.
1. He should have the similar provisions in his country as India.
2. Renounce his citizenship of previous nation if application for Indian Citizenship is being accepted.
3. Either resided or been in the Central Govt. service (or both) throughout the period of 12 months
(continuously) immediately after preceding the date of application.
4. 11 out of 14 years (in last 15 years) immediately before 12 months, he has either resided in India or been in
the service of Govt. of India (or both).
5. Good Character.
6. Adequate knowledge of a language in VIII Schedule.
7. If accepted, he intends to reside and or work in India.
By Incorporation of Territories: If any foreign land becomes a part of India and the Govt. of India specifies the
person who among the people of territory shall be citizens of India. E.g.: Goa, Sikkim, Puducherry.
PAGE 34
FUNDAMENTAL RIGHTS [Art. 12 – Art. 35] [Part 3]
Legal Rights
Other Constitutional
Rights
Right to Inter State Trade
and Commerce
Right to Information
Right to Universal
Suffrage and Adult
Suffrage (Art.320)
Right to free legal aid
Right to Primary
Education
Non-Constitutional
Rights
Right to enforce Contract
Right to vote
WHY FUNDAMENTAL?
Basic or Fundamental needs of Citizens.
Guaranteed and protected by the Constitution (Art. 32), which is fundamental law of the land.
Form the back bone, core and soul of the Constitution.
They are most essential for the all-round development (material, intellectual, moral and spiritual) of the
individuals.
The Constitution provides 6 Fundamental Rights –
1. Right to Equality [Art. 14 – 18]
2. Right to Freedom [Art. 19 – 22]
PAGE 35
3. Right against Exploitation [Art. 23 – 24]
4. Right to freedom of Religion [Art. 25 – 28]
5. Cultural and Educational rights [Art. 29 – 30]
6. Right to Constitutional Remedies [Art. 32]
Originally, they were 7 but Art. 31 (Right to Property) was removed from the list by 44th CAA, 1978 and also
Art. 19(1)(f) is not fundamental. Right to Property is made as a Legal Right under Art. 300A in Part XII.
LIST OF FRS
Right to Equality
Right to Freedom
Article 19: It guarantees the citizens of India the following six fundamentals freedoms:-
Article 25: Freedom of conscience and free profession, practice and propagation of religion
Article 26: Freedom to manage religious affairs
Article 27: Prohibits taxes on religious grounds
Article 28: Freedom as to attendance at religious ceremonies in certain educational institutions
Article 32: The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution
by Dr. B.R. Ambedkar)
FEATURES OF FRS
Some of them are only available to citizens (Art. 15, 16, 19, 29, 30) and rest are available both to citizens and aliens
(except enemy alien: citizen of country which India is in war at that particular moment).
Art. 14, 15, 19, 21 are included in the Basic Structure of the Constitution.
Not absolute but qualified (reasonable restrictions restricted by the courts). Strike a balance between the Rights
of Individual Liberty and Social control.
Most of the rights are against State’s arbitrary action. So when such rights are violated by the private individuals,
there are no Constitutional remedies but only legal remedies. Except Untouchability (17), Exploitation (23 & 24)
and freedom of movement (19(1)(d)) that are enforceable to the individually.
Generally an Ordinary right is a right which is against another individual (sometimes State also) but the FR is a right
which an individual have against the State.
Some negative (place limitations on State – Right against Employment, Right against Exploitation, and Right against
Untouchability), while others are positive in nature (Right to Education, Right to Life…).
Justiciable, allowing persons to move the court for their enforcement as they are defended and guaranteed by the
Supreme Court under Art. 32 if they are violated.
They are not sacrosanct or permanent. Change can be done by CAA (which are not covered under Basic Structure
of the Constitution).
Can be suspended during National Emergency (Art. 352) except Art. 20, Art. 21. Six rights of Art. 19 can be
suspended only when Emergency is declared on the grounds of war or external aggression (i.e., external emergency)
and not on the ground of armed rebellion (i.e., internal emergency).
Limited by Art. 31A.
o acquisition by the State of any estate
o taking over of the management of any property by the State for a limited period
o the amalgamation of two or more corporations either in the public interest or in order to secure the proper
management of any of the corporations
These are not valid to the members of Armed forces, Paramilitary forces, Police forces, Intelligence agencies and
Analogous services can be restricted or abrogated by the Parliament (Art. 33).
FR restricted while Rule by Martial Law is in force (Military rule imposed under abnormal circumstances to restore
order (Art. 34)) (not National Emergency).
Mostly directly enforceable (self-executory) while some are like Art. 21A (Right to Education) can be enforced on the
basis of law made for giving effect to them. Such a law can be made only by the Parliament and not by the State
Legislatures (to maintain a uniform standard in entire nation) under Art. 35.
PAGE 37
ARTICLE 12 – DEFINITION OF STATE
Executive organs: Government of India and States.
Legislative organs: Parliament and Legislatures of States.
Judiciary and Quasi-Judiciary Bodies.
All local authorities, that is, Municipalities, Panchayats, District boards, Improvement trusts etc.
All other authorities, that is, Statutory (created by Statute - Legislature) and Non-Statutory authorities (created by
the Executive) like LIC, BHEL, SAIL, GAIL, NITI Aayog etc. or even a private body or an agency working as an
instrument of the State (‘State’ – those get financial resources from Govt. and ‘not the State’ – those which are not
financed by the govt., such as autonomous bodies. E.g. NCERT).
If these agencies violate FRs then one can move the court.
Statutory Body:
Statutory bodies are established by acts which Parliament and State Legislatures can pass.
Basically, a statutory body is an organization of government which is not defined in Constitution of India but it
gets its powers, service rules, authority by an act of parliament or state legislatures.
Under law, statutory bodies are organizations with the authority to monitor that the activities of a business
and check whether these institutions are legal and follow official rules.
For example, the General Medical Council is the statutory body which regulates doctors.
Important Statutory Bodies –
1. National Human Rights Commission
2. National Commission for Women
3. National Commission for Minorities
4. National Commission for Backward Classes
5. National Law Commission
6. National Green Tribunal
Regulatory Body:
A regulatory body also called regulatory agency is a public authority or a government agency which is
accountable for exercising autonomous authority over some area of human activity in a regulatory or
supervisory capacity.
It is established by legislative act in order to set standards in a specific field of activity, or operations, in the
private sector of the economy and to then implement those standards.
Regulatory interventions function outside executive observation.
They also exercise a judicial function often performed before a quasi-judicial official called an administrative
law judge, who is not part of the court system. Some independent regulatory agencies perform investigations or
audits.
Important Regulatory bodies:
1. Press council of India
2. Directorate General of Civil Aviation
3. Reserve Bank of India
4. The Food Safety and Standards Authority of India (FSSAI)
5. Central pollution control board
6. Inland Waterways Authority of India
PAGE 38
Quasi-Judicial Bodies:
Quasi-judicial bodies are institutes which have powers analogous to that of the law imposing bodies but these
are not courts.
They primarily oversee the administrative zones.
Quasi-judicial action may be appealed to a court of law.
These organizations generally have authorities of settlement in matters like breach of discipline, conduct
rules, and trust in the matters of money or otherwise.
Important quasi-judicial bodies –
1. National Human Rights Commission
2. State Human Rights Commission
3. Central Information Commission
4. State Information Commission
5. National Consumer Disputes Redressal Commission
6. State Consumer Disputes Redressal Commission
CAA: Constitutional Amendment Act is NOT a LAW and hence cannot be challenged under Art. 13 up to 24.4.1973.
However, the SC in the Kesavananda Bharati case that a CAA can be challenged on the ground it violates a FR that forms a
part of the Basic Structure and hence, can be declared as a void.
EQUALITY [Art.14 – Art.18] – 15, 16, 19, 29, 30 are for ONLY CITIZENS
The Principle of Equality runs like a “Golden thread” throughout the constitution and its importance is reflected
by the position of it finds in the Part III of the Constitution.
One of the foremost rights provided by the Constitution is Right to Equality, which is also justified by the fact that
whenever other rights are violated Art.14 also gets violated.
PAGE 39
Preamble of the Constitution speaks of “Equality of Status and of opportunity” and Art.14 gives effect to it.
ARTICLE 15 – NO DISCRIMINATION
State shall not discriminate against any citizen only on grounds of religion, race, caste, sex or place of birth-RRCSP.
‘Discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish unfavorably from others’
while ‘only’ word refers to discrimination on any other grounds is not prohibited.
Only – means other grounds (rational factor) + any or all RRCSP can be valid
No citizen shall be subjected to any disability, liability, restriction only on grounds of religion, race, caste, sex or
place of birth with regard to –
a) Access to shops, public restaurants, hotels and places of public entertainment
b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly by State
funds or dedicated to the use of general public.
Exceptions:
a) Special provisions for women and children. For e.g., reservation of seats for women in social bodies or right
to education for children – Art. 15(3)
b) The State is permitted to make any special provision for the advancement of any socially and educationally
backward classes (SEBCs) of citizens or for the SCs and STs. For e.g., reservation of seats or fee concessions
PAGE 40
in public educational institutions and reservation in employment, regarding their admission to educational
institutions including private educational institutions, whether added or unaided by the State, except the
minority educational institutions.
PAGE 41
It is an offense punishable in accordance with the law. This law is made by the Parliament and not by the
State Legislature.
Untouchability is not be taken literally but the practice as it has developed historically in the country imposing
social restrictions on certain classes of persons by reason of their birth in certain castes.
A person convicted of the offense of the Untouchability is disqualified for the Elections to the Parliament or the
State Legislature.
Under the Protection of the Civil Rights Act, 1955, the offenses on the ground of Untouchability are as follows –
1. Preventing any person from entering any place of public worship or from worshiping therein.
2. Justifying Untouchability on traditional, religious, philosophical or other grounds.
3. Denying access to any shop, places of any of public entertainment, hotels.
4. Insulting a person belonging to SC on the ground of Untouchability.
5. Refusing to admit persons in hospitals, educational institutions, hostels established for Public benefit.
6. Preaching Untouchability directly or indirectly.
7. Refusing to sell goods or render services to any person.
PAGE 42
6. Decency or Morality
7. Defamation (statement inures 3rd party reputation)
8. Incitement (Pressuring or threatening to do) to offence
b) Right to assemble peaceably and without arms: Public meetings, demonstrations and takeout processions, no right to
strike.
Under section 144 of Criminal Procedure Code (CrPC), a magistrate can restrain an assembly if any unlawful
activity is suspended.
Under section 141 of IPC, as assemble of 5 or greater persons becomes unlawful if the object is to –
i. Resist the execution of any law or legal process;
ii. Forcibly occupy the property of some person;
iii. Commit any mischief or criminal trespass;
iv. Some person to do any illegal act;
v. Threatened the govt. or its officials on exercising lawful powers.
c) Right to form associations or unions or co-operative societies (97th CAA – part IXB) (Art. 43B – DPSP): includes
the right to form political parties, companies, partnership firms, societies, clubs, organizations, trade unions etc.
start and continue. Also negative right (not to join).
The SC held that the Trade unions have no guaranteed right to effective bargaining or right to strike or
right to declare a lock out.
d) To move freely throughout the territory of India: Throughout the territory of the country, inter or intra-state. Indian
citizens and not the State citizens. Thus the purpose is to promote national feeling and not parochialism (localism).
Restriction on movement of prostitutes and AIDS patients (Bombay High court restricted AIDS patients).
The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, custom and
manners of Scheduled Tribes and to safeguard their traditional vocation and properties against
exploitation.
Internal Movement (Art. 19) and External movement freely (Art. 21).
e) To reside and settle in any part of the Indian Territory: 2 dimensions.
The right to reside in any part of the country which means to stay at any place temporarily.
The right to settle at any part of the country which means to setup a home or domicile at any place
permanently. Similar reasonable restrictions (Regulation of movement of prostitutes), Complimentary to
freedom of movement.
f) Repealed.
g) To practice any profession or to carry on any occupation, trade or business: Includes all the means of earning one’s
livelihood – not include trade which are immoral (trafficking in women or children) or dangerous (harmful drugs or
explosives etc.). The State can absolutely prohibit these or regulate them through licensing.
Reasonable restrictions on Art. 19:
General: Sovereignty, Unity and Integrity of India, Security, friendly relations with foreign states, public order,
decency or morality, contempt of court, defamation, and incitement to an offense.
Specific: Movement and residence – interest of general public and STs; trade and business – professional or
technical qualifications and partial or complete monopoly of state over means of production or service delivery.
PAGE 43
RIGHT REASONABLE RESTRICTION
Speech and Expression S&I + Security + Friendly relations + Public order, Morality,
Decency (PMD) + Contempt of Court (CoC) + Defamation
+ Incitement of Offence
Assemble peacefully and w/o arms S&I + PO (Sovereignty and Public Order) SIPO
Form associations or Unions S&I + PM (Public order and Morality) SIPM
To move freely and to settle and reside In interest of general public and ST (not Scheduled areas)
To practice any profession Interest of Gen Public + professional and technical
standards + monopoly of Govt. establishes in certain areas
Refer AADITYA MISHRA Lecture 13 for MAINS related Questions and Exercises.
PAGE 44
Right to live with dignity, livelihood, clean environment, shelter, privacy, health, education, free trial, against
inhuman a treatment and public hanging, right to be heard, information and reputation, Sleep (Ramdev Baba Case).
This interpretation is necessary because human beings life should not be like animals with sole focus on survival
and base needs. They should be able to realize their full potential, follow their dreams, provision of equal
opportunities, to make life meaningful.
Cannot be suspended during Emergency also under Art.359.
ADM Jablpur V. Shivkant Shukla Case (Habeas Corpus Case) – people are detained and are not are
presenting them before Magistrate during Emergency:
Case: Emergency by Indira Gandhi Proclamation of Emergency under Art.352 imposed Art. 359 says when
Proclamation of Emergency is imposed right to move to courts is not valid.
SC Judgment (SC’s Supreme Mistake during Emergency):
Yes. Once Emergency is in force, Art.32 is suspended under Art.359 then we cannot look into legality of the
detention and arrests made by the executive even when we have the RIGHT TO LIBERTY under Art.21.
Implications: Executive have UNBRIDLED POWERS once ART.352 IS IMPOSED.
PAGE 45
Judgment: Changed the earlier taken stand in Gopalan Case
Art. 14, 19, 21 are not mutually exclusive, so a law prescribing procedure for depriving a person of
personal liberty has to meet the requirements of Art.19 and Art.14.
Art.21 – “Personal Liberty” was given expansive interpretation. Wide amplitude of rights derived from
this Art.21, some later even given distinct status of FR.
PEL was given a new interpretation then. LAW cannot just prescribe Procedure; it has to be reasonable
and fair also thus INTENT and CONTENT of the law would be considered by the Judiciary
indirectly this established the DUE PROCESS OF LAW similar to USA. (No DPL is mentioned in our
Constitution).
PAGE 46
ARTICLE 22 – PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES
Inform the ground of arrest, right to be defended by legal practitioner of his choice.
Person arrested and detained in custody shall be produced before the nearest magistrate within a period of 24
hours (excluding journey time) and no such person shall be detained in custody beyond the said period without the
authority of a magistrate. Exception: Enemy alien and preventive detention.
Punitive Detention: Punish a person for an offence committed after trial and conviction in a court.
Preventive detention is without trial and conviction, to prevent him from committing an offence in the near
future. It can be done for a period of 3 months if it is suspected-arrest of a person will be beneficial for society at
large.
Grounds of detention should be communicated except if it is against the public interest, right to legal
representation and to be heard.
Duration of preventive detention can be increased beyond 3 months if an advisory board consisting of judges of
HCs or persons having qualifications to be appointed as such, before expiration of 3 months, feels that there is
sufficient cause for such detention. Advisory Board follows the procedure established by Parliament and not of
its own.
Parliament by law can also extend the period of 3 months without Advisory Board.
Parliament make specific laws like COFEPOSA [Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974], TADA [Terrorist and Disruptive Activities (Prohibition) Act, 1985 up to 1995], and POTA
[Prevention of Terrorism Act, 2002] etc.
India is the only democratic country where preventive detention is an integral part of constitution.
Refer Aditya Mishra’s 21, 22, 23 lectures about Bonded Labor for Mains point of view::PDF
PAGE 47
ARTICLE 24 – PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES ETC.
No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other
hazardous employment (presently there are 83 occupations as hazardous mentioned in Factories Act, 1948).
Art. 39(f) [DPSP] states that – The State, in particular, direct its policy towards securing: Opportunities for healthy
development of children [42nd CAA, 1976].
The Employment of Children Act, 1938 was among the first acts to prevent the Child Labor. The provisions of this
act does not include the Construction work and projects. But in Asiad Workers Case 1982, the SC ruled that
these are equal to hazardous occupations.
Mines Act, 1952
Motor Transport Workers Act, 1961
Beedi and Cigar Cond of Employment Act, 1966.
Child Labor (Prohibition and Regulation) Act, 1986: Major Law to identify, prosecute and stop the child labor.
In M.C. Mehta V. State of Tamil Nadu (1991) Case, SC directed that children should not be employed in
hazardous jobs for manufacture of match boxes and fireworks.
Commissions for protection of Child Rights Act, 2005: Establishment of a National Commission and State
Commissions for the protection of Child rights and children’s courts for providing speedy trial of offences against
children or of violation of Child rights.
Total ban on Child Labor: approved by Union cabinet below 14 years (relate it to Art. 21A) and adolescents
(14 – 18 years) shall not work in hazardous conditions.
According to 2015 Amendments of Child labor (Prohibition and Regulation) Act, 2012:
Prohibition against employment of children: Exceptions expanded to include: (i) helping family and a family
enterprise which are not hazardous occupations, after school hours or during vacations, and (ii) working in
the audiovisual entertainment industry (films, TV, etc.) or sports activities
Prohibition against employing adolescents in hazardous occupations and processes
Regulating conditions of work: Provisions regulating working conditions of adolescents added. Appropriate
government may make rules in this regard (E.g. number of hours for which adolescents may work, how
establishments employing adolescents must maintain registers, etc.)
Rehabilitation of rescued children and adolescents: Child and Adolescent Labor Rehabilitation Fund will be
constituted at the district level. Fines from employers and INR 15,000 from the appropriate government for
each child/ adolescent rescued will be credited into the Fund.
PAGE 48
‘Rama Krishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion, while
Aurobindo society is not. (because this society does not meet the above criteria of SC)
PAGE 49
In granting aid, the State shall not discriminate against any educational institution managed by a minority (term
‘minority’ has not been defined in Constitution).
Includes right of a minority to impart education to its children in its own language.
WRITS (5):
SC (Art. 32) and the HCs (Art. 226) can issue the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari
and Quo-warranto.
Parliament (Art. 32) can empower any other court to issue these writs (till now it’s not done).
Power with respect to Writ jurisdiction [Art. 32 V. Art. 226].
1. Limited to FRs for SC (narrower), but both FRs and legal rights for HCs.
2. For SC territory is wider as includes entire India.
3. HC may refuse to issue writs as 226 is not a FR, but Art. 32 being a FR itself, SC cannot (Hence, SC is
ultimate defender and guarantor of FRs).
PAGE 51
b) To enforce departmental instruction that does not possess statutory force.
c) When duty is discretionary and not mandatory
d) To enforce a contractual obligation
e) Against the President, Governor, Chief Justice of the HC in judicial capacity, Parliament and
State Legislators and also Companies under Companies Act, 1956.
Prohibition (before judgment): ‘To forbid’. It is issued by a higher court to a lower court or tribunal from
exercising jurisdiction which they do not possess at all.
Applicable only when the quasi-judicial bodies/ tribunals are acting without/beyond/in violation of Natural
Justice/against FRs/under law which is unconstitutional jurisdiction.
Cannot be issued to public officer not having judicial function; for error of law
The writ of Prohibition can be issued only against judicial and quasi-judicial authorities and not against
administrative authorities, legislative bodies.
Certiorari (prior or after): ‘to be certified/informed’. Issued by a higher to a lower court or tribunal to
transfer a case or to quash (cancel) the order. It is issued on the grounds of excess of jurisdiction or lack
of jurisdiction or error of law (Prohibition cannot be issued on the grounds of error of law). Thus,
unlike prohibition, which is only preventive (prior to the judgment), certiorari is both preventive as
well as curative (prior as well as after the judgment).
Till recently, the writ of certiorari could be issued against judicial and quasi-judicial authorities and
now administrative authorities also.
Like prohibition, Certiorari is also not available against legislative bodies and private individuals or
bodies.
Quo-warranto (authority): ‘by what authority or warrant’. It is issued by the court to enquire into the legality
of claim of a person to a public office, preventing illegal usurpation of public office by a person.
This writ can be issued only in case of a substantive public office of a permanent character created by a
statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.
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ARTICLE 34 – MARTIAL LAW
Restrictions of FRs while martial law is in force in any area within the territory of India.
Empowers the Parliament to indemnify (securing someone from the legal responsibility) any govt. servant or others
for any act done by him in connection with the maintenance or restoration of order in any area where martial law
was in force.
Act of Indemnity made by the Parliament beyond Judicial Review only on violation of FRs.
Martial Law (Military Rule): not defined in Constitution.
Civil Administration is run by the military authorities according to their own rules and regulations framed outside
the Ordinary Law, implying suspension of ordinary law and govt. by military tribunals.
Imposed under the external circumstances like war, invasions, insurrection, rebellion, riot or any violent resistance
to law to repel force by force for maintain or restoring order in the society.
Abnormal powers including imposing restrictions and regulations on the rights of the civilians, can punish the
civilians and even condemn to death.
The SC held that the declaration of Martial law ipso facto (by that very fact) result in the suspension of the writ
Habeas Corpus.
PAGE 53
RIGHTS OUTSIDE PART III
Constitutional/ Legal/ Non-fundamental rights (Not Art. 32 but Art. 226 either ordinary procedure of appeal or
directly for writ jurisdiction).
No tax shall be levied or collected except by authority of law (Art. 265).
No person shall be deprived of his property save by authority of law (Art. 300A).
Trade, Commerce and intercourse throughout the territory of India shall be free (Art. 301).
Adult Suffrage (Art. 326) – Right to Vote.
CRITICISM
Excessive limitations.
Mainly political rights (Socio-economic rights under DPSP are non-enforceable).
Ambiguity in language.
Amendable hence no permanency.
Presence of preventive detention.
Can be suspended during emergency.
SIGNIFICANCE
Back bone, heart, soul, conscience of constitution, protection of individual liberty.
Establishment of rule of law.
Secular nature, protection to all religions and minorities.
Check and balance over arbitrary action of Executive and Legislature.
Respect dignity of individual, and help in their realization of full potential by encouraging their participation in
nation building process.
REMEMBER
LAW(14) removes all DOUbT(15, 16, 17, _, 18).
19 – SAAM RESIDES in Poland.
(Or) Call (Speech) students to ASSEMBLE, from ASSOCIATION then MOVEMENT towards RESIDENCE of
Professor.
20, 21, 21A, 22: Conviction, Life and Liberty, Education, Arrest – CLEAr
LAW removes DOUbT, gives 6 Freedoms and CLEAr protection against govt. (Art. 14- 22).
(23-24): Exploitation of Women and Children still happens.
(25-28): 25 – CONSCIENCE or CON
26 – MANAGEMENT or MAN
27 – TAX
28 – ATTENDANCE
CONMAN evades TAX ATTENDANCE. (Conman: who cheats or tricks)
(14 – 28): LAW removes DOUbT, gives 6 Freedoms and CLEAr protection against govt. But EXPLOITATION
AGAINST WOMEN AND CHILDREN STILL HAPPENS and CONMAN uses it to evade TAX ATTENDANCE.
PAGE 54
DIRECTIVE PRINCIPLES OF STATE POLICY [Art. 36 – 51] [Part IV]
Adopted from Irish Constitution of 1937 (Spanish Constitution).
The State should keep DPSPs in mind while framing laws and enacting policies, even though they are non-
justiciable and non-enforceable.
Art. 36, the term ‘State’ in part IV has the same meaning as in part III dealing with FRs (Legislative and executive
branches of the Central and State govt., all local authorities, other public authorities).
Similar to ‘Instrument of Instructions’ (Govt. of India Act 1935) according to Dr. B.R.Ambedkar.
Most important DPSPs: Art. 39(b), (c).
ARTICLE 37
The DPSPs are not justiciable, not legally enforceable in the court of law.
Set the agenda for economic, social and political program for a modern democratic state.
Objective is to come close to achieving ideals of justice, liberty, equality and fraternity as enshrined in the
Preamble.
Concept of a ‘Welfare State’ not a ‘Police State’.
In short, they are positive obligation of the State where the State has a duty to implement the DPSPs by
incorporating them in policies formulated laws enacted by the legislature.
Evolution:
Kautilya – Responsibility of the King to the people.
Civil, Economic and Social Rights.
British period – Economic exploitation.
Deprived of Social Rights and Political freedom.
Hence we gave ourselves Social justice (Socio-economic rights).
PAGE 55
Epitomize (summarize) the ideals of the people of India.
Evolved along the emergence of “constitutional form” of govt.
Constitutionalism –
1. Constitutionalism is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that
the authority of government derives from and is limited by a body of fundamental law".
2. Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of
power control for the protection of the interests and liberties of the citizenry, including those that may be
in the minority".
Welfare State –
A welfare state is one in which the state plays a key role in the protection and promotion of the economic
and social well-being of its citizens. A welfare state is based on the principles of equality of opportunity, equitable
distribution of wealth and public responsibility for those unable to avail themselves of the minimal provisions for a
good life.
Unique blend of principles of Socialism, Gandhism, western liberalism and the ideals of Freedom Struggle.
Seek to promote a comprehensive, social, economic and administration structure for a modern democratic state.
Negative in nature, prohibit State to do something. Positive in nature, require State to do something.
Justiciable i.e., legally enforceable, if they are violated. Non-justiciable if they are violated.
Legal Sanctions, there is no need of legislation for Moral and Political sanctions, there is a need of legislation
implementation. for implementation.
PAGE 56
On the basis of such a narrow interpretation, many of the social legislation, including land reform acts were
held to be unconstitutional by SC.
Now, FR >> DPSP.
Theory of Harmonization
If a law passed by a State giving effect to one or more DPSP capable of giving one or more interpretations.
1. If one of the interpretation leads to the DPSP being in harmony with FR and the other interpretation
lead to a conflict between them.
2. Court shall prefer the first interpretation and validate the law.
This is the mandate of constitution, not only to executive and legislative but also to judiciary.
However if such a law is capable of only one interpretation that leads to a conflict between DPSP and FR, then
the court shall have no choice but to implement the FR in reference to DPSP.
On basis if above interpretation, the SC held the Bank Nationalization Act and the Privy purses (Abolition) Act
1971 as unconstitutional (valid after Kesavananda Bharati Case, 1973).
Now, FR > DPSP
PAGE 57
25th CAA, 1971
The Parliament in order to overcome the obstruction of 1967 in enactment of social legislation passed the 25 th CAA, 1971.
Decreased the scope of right to property to a large extent as it permitted the acquisition of private property by
the govt. for public use, on the payment of compensation (decided by the parliament, not by courts).
Introduced Art. 31C: if the State enacted any law giving effect to two article 39(b) & 39(c) and in the process if the
law violates the FR given under Art. 14, 19 or 31, the law shall not be declared as unconstitutional merely on this
ground.
Any declaration made by the State that the law is to give effect to Art. 39(b) and (c) cannot be challenged in court.
V.G.Ramachandran described 24th and 25th CAA as –
1. Not merely ‘tinkering’ with the Constitution.
2. But it is a veritable slaughter of the Constitution as judicial review is taken away.
3. 25th CAA “smacks of totalitarianism and hurry to achieve socialism instantly overnight”.
Thus for first time, 2 DPSP given under 39(b) and (c) were given precedence over 3 FR given under 14, 19, 31.
Now, FR < DPSP
PAGE 58
Miscellaneous:
The principle of separation of powers (LEJ)
Federalism
The parliamentary system of govt.
The principle of free and fair elections
Legislation seeking to nullify the awards made in exercise of the judicial power of the State by arbitration tribunals
constituted under an Act.
After new govt. came into the force, the 44thCAA 1978 has removed Art. 31 (Right to property) from the list of
FRS and added it as Legal Right under Art.300A.
The SC in Minerva mills V. UOI, 1980 case held the changes introduced by the 42nd CAA (Section 4&55) in A 31(c)
as unconstitutional and void on the ground that is distributed balance between part III and part IV and that
balance between them is part of Basic Structure of Constitution.
No absolute power of part III & IV over each other.
Goals set out by the DPSP have to be achieved without the abrogation of the means provided by FRs.
Powers of parliament to amend constitution is limited and it cannot amend constitution to make this power
unlimited.
Now present situation: FR > DPSP
Exception: 39(b),(c) > 14, 19
CLASSIFICATION
There is no official classification.
But it is divided into 3 categories for academics:
i. Socialistic
ii. Gandhian – Panchayat, Cottage Industries, Co-operative societies, Weaker section, Alcohol, Cattle (6 key
words. Remember Important)
iii. Liberal – intellectual
PAGE 59
Socialist Principles
Art. 38: Social, Economic and Political, Social Order, Welfare, minimum inequalities in income.
Art. 39: To secure –
a) The right to adequate means of livelihood of all citizens;
b) The equitable distribution of material resources of the community for the common good;
c) Prevention of concentration of wealth and means of production;
d) Equal pay for equal work for men and women;
e) Preservation of the health and strength of workers and children against forcible abuse;
f) Opportunities for healthy development of children [42nd CAA].
Art. 39A: Free legal aid to the poor (39(a) not same as 39A).
Art. 41: RTE (Education), RTW (Work), RTPA (Public assistance).
Art. 42: Human Conditions for work and maternity leave.
Art. 43: Living wage and decent standard of life.
Art. 43A: Secure the participation of workers in the management of industries.
Art. 47: Nutrition and Public Health.
Gandhian DPSP
Art. 40: empowerment of village Panchayat.
Art. 43: cottage industry in rural areas.
Art. 43B [97th CAA 2011]: To promote voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies.
Art. 46: promotion of SCs, STs and other weaker sections.
Art. 47: Prohibition of intoxicating drugs and alcohol.
Art. 48: prohibit cows, mulch and drought cattle slaughter.
International Principles
Art. 51
Promotion of International peace (this is one of the 5 conditions, where parliament can legislate on State list)
Just and Honorable relations with the States.
International law and treaty obligations.
Dispute settlements through arbitration.
PAGE 60
DPSPS OUTSIDE PART IV (Non-justiciable, Non-enforceable in court of law):
An amendment requires the approval of two-thirds of the members present and voting.
42nd CAA 1976: Healthy development of children [Art. 39(f)]; Free legal aid [Art. 39A]; improve worker participation
in management of industries [Art. 43A]; environment [Art. 48A].
44th CAA 1978: minimize inequalities in jobs etc. [Art. 38(2)]
86th CAA 2002: early child care (< 6 years) [Art. 45]
97th CAA 2011: Co-operative societies [Art. 43B]
CRITICISM
These are non-justiciable, pious superfluities and aspirations, a cheque on a bank (payable only when the resources
of the bank permit), New Year revolution (i.e., we can break it on Jan 2nd, Jan 1st over tempo), a veritable dustbin of
sentiments, moral principles.
Some are saying: not practicable, foreign in nature and against the principle of State sovereignty.
Illogically arranged: Scientific (like protection of environment) with religious and sentimental; Ultra important
[39(b), (c)] with insignificant.
No mention of methods to implement, conservative: Out dated.
Constitutional conflict: President& PM, Governor& CM, Centre& State.
IMPORTANCE
These principles are directives for the States, lay down the foundation of economic democracy and establish welfare
State.
Fundamental in governance of the country and supplement FRs.
Guiding principles of courts.
They bring Stability and continuity in State policies.
Educative values of DPSP.
If the govt. of the day fails to implement the DPSP, then it is answerable to people in next general election. No legal
sanction but political sanction, Positive obligation for State.
Not enforceable in court of law but enforceable in court of people.
Not been given legal enforceability not because they are inferior to any part of the constitution, but they need
resources for their execution.
Facilitate stability and continuity in nation’s policies.
Creates background for both LEJ functioning and enjoyment of FRs by citizens as “Political democracy don’t hold
any meaning without economic democracy”.
Act as a lighthouse constantly reminding the govt. of the day that is responsible of taking the country towards
welfare.
Testing grounds through which, performance of govt. is judged.
Help in deciding the legal validity of some of the laws incorporated by the State. Beacon lights to the courts.
E.g.: One of the most important rights i.e., the citizens can enjoy is the freedom from hunger, which can be
extended to citizens only through implementation of DPSP.
So unless DPSP are properly implemented the citizens cannot fully enjoy their FR.
Amplify and reinforces the Preamble.
PAGE 61
IMPLEMENTATION OF DPSPS THROUGH…
Land reform Acts, Banking Policy, Fixation of minimum wages for employees, welfare schemes for the weaker
sections, Nuclear disarmament, Panchayat Raj.
The Equal Remuneration Act, 1976.
Consumer Protection Act of 1986.
The 86th CA of 2002 inserted new Art. 21A.
Environmental Protection Act: 42nd CAA
MGNREGS
Cow slaughter prohibition act
Janani SurakshaYojana (JSY), Janani Sishu Suraksha Karyakram (JSSK)
CrPC, 1973: Separation of Judiciary and Executive in Public life.
Old age pension Schemes.
PAGE 62
FUNDAMENTAL DUTIES [Art. 51A] [Part IVA]
INTRODUCTION
Moral obligations of all citizens to help to promote a spirit of patriotism and to uphold the unity of India.
Rights and duties of the citizens are correlative and inseparable.
Two sides of the same coin.
Even if not mentioned not explicitly, they are presumed and implicit.
Not a part of original Constitution.
But by 42nd CAA, 1976 (Mini- constitution), it was made an indispensable part of the constitution.
Not removed by 43rd or 44th CAA (31 to 300A.FR to legal right), 1978. So overall inter-party consensus.
Increased to 11 by 86th CAA, 2002.
Inspired from USSR Constitution.
Citizens’ exercise of their FRs and Freedoms was inseparable from the performance of their duties and obligations.
Furthering national interest and integration of composite culture.
Most democracies like USA, France don’t mention them explicitly.
Japan is one of the democratic nations which mentions it explicitly.
FDs reference also in
a) Universal declaration of Human rights.
b) International convenient on Civil and Political Rights.
No need of making a law for its enforceability. (32: move SC Law needs to be made by parliament for its enforceability.
and 226: move HC)
PAGE 63
OBSERVATIONS
Moral and civic duties.
Non-enforceable and non-justiciable. But various laws make sure they are implemented.
Integral values being part of the Indian tradition, mythology, religions and practices.
Codification of tasks integral to the Indian way of life.
FRs – Citizens and aliens.
FDs – only Citizens.
CRITICISM
Not exhaustive: casting vote, paying taxes, limiting population growth etc. are not included as FD.
Vague, ambiguous and difficult to be comprehended by layman. “Strive toward excellence”, “Composite culture”,
“Spirit of common brotherhood”.
Like DPSP, they are superfluous, code of moral precepts as they are non-justiciable in character.
What’s the need to add them, why as an appendage to part IV, rather keep them in Part III?
SIGNIFICANC1E
Though not enforceable, yet held by the SC to be obligatory for all citizens.
Gentle but swift reminder that citizens have duties towards nation, society and their fellow brethren.
Strong deterrence to anti-national and anti-social activities like disrespecting the national flag, destroying public
property, restoring to violence etc.
Source of inspiration for the citizens and promote a sense of discipline, honor, loyalty and commitment among
them.
Citizens are not passive observers but active participants in the realization of true potential of this great nation.
Helps courts in determining the constitutional validity of a law. They help SC in validating various laws which
otherwise would have been unconstitutional, null and void with respect to Art. 14 and Art. 19.
PAGE 64
8. To develop the scientific temper, humanism and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to
higher levels of endeavor and achievement.
11. Parents or guardians – opportunities for education (6 – 14 years).
PAGE 65
CONSTITUTIONAL AMENDMENTS [Part XX] [Art. 368]
Amendment (Change): formal or official change made to any legal document like law, contract, and constitution.
Add, remove or update parts.
Flexibility, adjusting to changing conditions and needs.
Britain: Extremely easy, Un-codified or Unwritten Constitution.
USA: Extremely hard.
India: Neither rigid nor flexible (mixture or synthesis).
AMENDMENTS IN USA
USA: Extremely hard to amend the Constitution.
11500 proposals till date in last 226 years.
Only 27 were passed (4 still open, 2 failed after passed by Congress (like parliament)); out of which 10 are “Bill of
Rights”. Bill of Rights are functional by 15 December, 1791, includes freedom of religion, press, speech, peaceably
assembly; right to keep and bear arms; no unreasonable search, need of search warrant; Due process, no self-
incrimination or double-jeopardy; right to trial by jury; prohibits excessive punishment; protects rights outside
constitution; Federalism.
Proposed amendment – sent to the States for ratification by either – procedure to start:
1. The United States Congress, (2/3rd majority in both the Senate and the House of Representatives); OR
2. A nation convention, called by Congress, when 2/3rd State Legislatures apply (presently 34 required).
To become part of the Constitution, an adopted amendment must be ratified by either (as determined by
Congress):
1. Legislatures of three-fourths (presently 38) of the States, within the stipulated time period, if any; OR
2. State ratifying Conventions in three-fourths (38) of the States, within the stipulated time period
AMENDMENTS IN INDIA
99/121 in 65 years.
3 types of amendments: Simple, Special and Special + half of States ratification.
Simple Majority: Like ordinary legislatures (50% of present + 1). Not under purview of Art. 368. These do not get
the number like 42nd CAA or something like that. [Quorum: minimum number of members should be present in
LS or RS i.e. 10% of the total number of people. LS – 55 (simple majority: 28 members should vote to amend
Constitution). RS – 25 (simple majority: 13)]
E.g. Art.4: Laws under Art.2 (admission or establishment of new States), Art.3 (relating to formation of new States
and alternation of areas, boundaries or names of existing States) leading to First and Fourth Schedules be
amended and supplemental, incidental and consequential matters, shall not be deemed to be amendments of
the constitution for the purpose of Art.368.
The following can be amended by Simple majority and these are not covered under Art. 368 –
1. Legislative Council (Abolition or Creation): 7/29 [Andhra Pradesh, Bihar, J&K, Karnataka, Maharashtra,
Telangana and Uttar Pradesh; Assam and Rajasthan cleared by Parliament.]
2. Schedules 2, 5, 6 and 1, 4.
PAGE 66
3. Parliamentary provisions: Salaries and allowances of MPs, Rules of Procedure, privileges, its members and
its committees, use of English language.
4. Elections to Parliament and State Legislatures, Delimitation of Constituencies, Union Territories.
5. Number of Puisne Judges (Regular member of court other than Chief Justice or Ex-officio member of the
Court) in the SC, conferment of more jurisdiction on the SC.
6. Use of official language, citizenship: acquisition and termination.
Special Majority: Everything which are not covered by other two categories. E.g. FR and DPSP.
The supporters of the amendment bill must also constitute 2/3 of those who are actually taking part in
voting, AND
those voting in favor of the amendment bill should constitute at least half of the total strength of that
house (Lok Sabha/Rajya Sabha)
i.e. 2/3(Voting) > Half (545)
Special Majority + 15 States: Federal provisions. No time limit + non-action means nothing if 15 ratifying.
1. Process of election of the President. (both by MPs and MLAs – federal feature)
2. Higher courts (HC and SC).
3. 7th schedule lists.
4. State representation in Parliament.
5. Balance between executive and legislative power of the Union and the States.
6. Art.368 itself: power of parliament to amend the Constitution and its procedure.
ART.368 IN PART XX
Powers of parliament to amend the Constitution and its procedure.
Parliament in its constituent power can amend (addition, variation or repeal) any provision of the Constitution by
following proper procedure.
No basic structure amendment obviously. So, Doctrine of Basic Structure + Art.368, these two keeps the
Parliament in check, as far as its amending powers are concerned.
PAGE 67
Procedure under Art.368:
Introduction in Parliament only (LS or RS), by any MP (both Ministers and Private members), not in the State
legislatures. No prior permission of President.
Special Majority in each house: (50% + 1) of total number of members of that house and 2/3rd or more of present
and voting.
1. Maximum possible votes needed in LS: Theoretically 368 [552 (530 from States + 20 UT + 2 AI) is the
maximum strength] and in present practice it is 2/3rd of 545 = 364.
2. Minimum possible votes needed in LS: 55 members form the quorum, but still you need at least 273
votes [1/2 x 545 = 272.5 + 1 = 273.5] i.e. 273 to 364 vote ranges.
3. Maximum possible votes needed in RS : 167 (if 250), 164 (245 = 233+12)
4. Minimum possible votes needed in RS: 25 is the quorum but still 123 is needed.
Separate passing is must, if dead end or road block, NO Joint sitting is allowed. Till now only 3 joint sittings –
Dowry Prohibition Act, 1961; Banking Service Commission Repeal Bill, 1978; Prevention of Terrorism Act, 2002.
If an ordinary bill has been rejected by any house of the parliament and if more than six months have elapsed,
the President may summon a joint session for purpose of passing the bill. The bill is passed by a simple majority
of a joint sitting. Since the lower house has more than twice the members of the upper house, a group
commanding a majority in the lower house of the Government of India can pass such a bill even if it was
previously rejected by the upper house.
If federal provisions are being amended – Half States must ratify with simple majority in their own legislature.
Once both houses passes (+15 States if needed) presented to President.
President has to compulsory give his assent (24th CAA, 1971 made it obligatory), no withholding for pocket
veto or returning is allowed. Once president signs, it becomes an act and Constitution stands amended.
CRITICISM
No special body present for amendment like Constitutional Convention or National Convention (as in USA) or
Constitutional Assembly.
Introduction only in Parliament not in State except for the creation of Legislative Council (Parliament may sit,
approve or disapprove).
Majority of CAA, no need of States that too 15/29. In USA, every CAA needs States (38/50).
No joint sitting.
Except the number of votes needed are slightly more, similar like ordinary legislation.
Yet process is simple and strikes the right balance between rigid and flexible.
Nehru said that as solid and permanent it should be, but not more, as it is a living, vital, vibrant and organic
document.
Dr. B.R.Ambedkar, ‘‘the assembly has not only refrained from putting a seal of finality and infallibility upon this
constitution by denying the people the right to amend the Constitution as in Canada or by making the amendment
of the Constitution subject to the fulfillment of extraordinary terms and conditions as in USA or Australia, but has
provided for a facile procedure for amending’’.
Granville Austin, ‘‘the amending process has proven itself one of the most ably conceived aspects of the
Constitution. Although it appears complicated, it is merely diverse’’.
KC Wheare, “this variety in the amending process is wise but rarely found”.
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EMERGENCY PROVISIONS [Part XVIII] [Art. 352 – Art. 360]
CHARACTERISTICS
Taken from the Constitution of the Weimar Republic of Germany.
To deal with the extra-ordinary situation.
To protect democracy, constitution, SUI (Sovereignty, Unity, Integrity), Security of India.
Unique feature: Dr. B R Ambedkar – “only Indian constitution can function with dual roles.”
It can be federal in normal times, unitary in emergency.
No amendment is necessary for this purpose.
Others like US – tight-mould of federalism, can never be unitary even if they wanted to.
There are 3 types of Emergency:
National Emergency: due to war, external aggression or armed rebellion (Art. 352)
State Emergency (President Rule): due to failure of constitutional machinery in States (Art.356)
Financial Emergency: Art.360
NATIONAL EMERGENCY
Term National Emergency is not used in Constitution. “Proclamation of Emergency” is used.
Art.352: If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the
territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation
(order), made a declaration to that effect in respect of the whole of India or of such part of the territory thereof as
may be specified in the proclamation.
The proclamation of emergency may be varied or rocked by the President by a subsequent proclamation.
An imminent danger is enough for proclamation…
A proclamation of emergency can be made even before the actual occurrence of event contemplated in Art.352 have
taken place if the President is satisfied that there is an imminent danger of war or external aggression or armed
rebellion.
Thus actual occurrence of event mentioned in Art. 352 is not essential.
Summary: President, satisfaction, grave emergency, security threatened (war or external aggression or armed
rebellion), declare, entire or part (before 42nd CAA 1976, it was whole emergency or none).
Can be varied or revoked.
Even before actual event, just with imminent danger of all 3.
Different proclamation for different areas at exactly the same time. For e.g., war in north, external aggression in
north-east and armed rebellion in south India, even at the same time and even 2 proclamations at the same place,
even if earlier exist (38th CAA, 1975).
War + External aggression = External emergency
Armed rebellion = Internal emergency
‘Internal disturbance’ replaced by ‘Armed rebellion’ by the 44th CAA, 1978.
Also president can proclaim a National emergency only after receiving a written recommendation from the cabinet
by 44th CAA, 1978.
Deleted 38th CAA, 1975 and made emergency applicable under judicial review.
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Minerva Mills Case, 1980: proclamation can be challenged (Judicial Review) on the grounds of mala fide, wholly
extraneous and irrelevant facts, absurd or perverse.
For new proclamation and varying an existing proclamation: need to be placed in parliament and special
majority (50% + 1 of total membership and 2/3rd of present and voting).
For revoking proclamation: no need to be placed in Parliament.
Pre 44th CAA, 1978 Post 44th CAA, 1978
Cabinet continues as long as it wants. Periodic parliamentary approval (6 months at a time).
Simple majority. Special majority.
Internal disturbance (vague definition) Armed rebellion
th
Entire India only (Pre 38 CAA) Parts or entire (38th CAA)
President may or may not revoke, if LS disapproves it. President must revoke, if LS disapproves it.
Approval by President:
The proclamation of emergency must be laid before each House of Parliament and it shall cease to be in operation
at the expiration of one month, unless before the expiration of one month it has been approved by resolutions of
both Houses of Parliament.
A resolution approving the proclamation must be passed by a special majority that is by a majority of not less than
2/3rd of the members present and voting in each house and more than half of total membership.
For e.g., 25.12.2014: Grave emergent situation (War, External aggression, armed rebellion).
29.12.2014: Written recommendation from the cabinet.
01.01.2015: proclamation of emergency by President.
31.01.2015: ceases to exist if:
1. Parliament not in session.
2. Not passed by LS and RS.
3. Not passed by either LS or RS.
Parliamentary sessions:
1. Budget session: in the months of Feb to May.
2. Monsoon session: in the months of July to Sept.
3. Winter session: in the months of Nov to Dec.
This is just convention sessions can be conducted anytime. Only condition is that 6 months should not pass
between 2 parliamentary sessions (Duty of President)
30.01.2015: Session is conducted, earlier than convention. Passed by LS and RS.
Now it will continue till 30.07.2015 (6 months).
Periodic parliamentary approval (44th CAA): can be extended for 6 months at a time.
30.01.2016, 30.07.2016 and so on (but approval before that date obviously).
However, if LS gets dissolved either before 1 month or 6 months (let say 29.06.2015) i.e. without approving
prolongation of emergency, then emergency continues till 30 days from first sitting for LS after reformation (unless
the newly formed LS passes it).
However, it do needs to be approved by RS even if LS is dissolved.
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End of emergency:
If no continuation given by parliament or RS as the case may be.
If LS disapproves, president must revoke it.
Disapproval: LS only + simple majority only.
Centre can change the tenets of distribution of revenue between center and state (Art. 354)
Centre can modify, reduce or stop the transfer of funds to state
Any modification will continue even after the emergency is long gone (till 31 st March, end of financial year)
Need to be passed by both houses
PAGE 71
Suspension of Right of Enforcement of FR (Art. 359)
Art. 359 : President can suspend the right to enforce FRs
Right to move any court for the enforcement of any or all FRs (except Art. 20 & 21)
All proceedings pending in any court for the enforcement of such rights is suspended
Duration, number of articles and territorial extent: president decides.
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A non-congress party Govt. formed at the Centre, with Janata party, Morarji Desai as PM
Shah commission: circumstances did not justify proclamation of emergency
So the passage of various safety mechanisms against the misuse of emergency by 44 th CAA, 1978.
Consequences
He takes up the functions of the State govt. and powers vested in the Governor or any other executive authority.
He declares that powers of the State Legislature are to be exercised by the Parliament.
Suspension of constitutional provisions.
He dismisses the State Council of Ministers headed by the CM.
He either suspends or dissolves the State Legislative Assembly.
A law made by the Parliament or President or any other executive authority continues to be operative even after the
President’s rule. It can be repealed or altered or re-enacted by the State Legislature.
But note that he cannot assume to himself the powers vested in the concerned HC or suspend the provisions
related to it (remains same).
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SC laid the following guidelines:
Proclamation of Emergency under Art.356 is subject to Judicial Review.
If the Court holds the proclamation is unconstitutional then it has power to restore the dismissed state
govt. and revive the state legislature if it was suspended or dissolved.
If State govt. works against ‘Secularism’, President’s rule can be imposed.
No wholesale dismissal of Opposition ruled govts.
Imposition of President’s rule and dissolution of assembly cannot be done together.
State Assembly can be dissolved after Parliament approval of Central Rule.
FINANCIAL EMERGENCY
A 360 empowers the President to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to
which the Financial stability or credit of India or any part of its territory is threatened.
President’s satisfaction comes under Judicial review (44th CAA, 1978).
PAGE 74
Consequences
Executive authority of the Centre extends – to directing any state to observe such canons of financial propriety as
are specified by it; and to directions as the President may deem necessary and adequate for the purpose.
Any such direction may include provisions requiring
o The reduction of salaries and allowances of all or any class of persons serving in the State; and
o The reservation of all money bills or other financial bills
for the consideration of the President after they are passed by the Legislature of the State.
The President may issue the directions for the reduction of salaries and allowances of all or any class of persons
serving the Union and the Judges of SC and the HC.
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SYSTEM OF GOVERNMENT
PARLIAMENTARY SYSTEM
The Constitution of India provides Parliamentary system both at Centre (Art.74, 75) and at States (Art.163, 164).
Generally Democratic Governments are of two types –
1. Parliamentary System:
Responsible govt. [Executive is responsible to legislature (LS) for its policies and acts.]
Cabinet govt. [Cabinet is nucleus power in a parliamentary system and it acts like a bridge Bt. E & L]
Prime Ministerial govt. [As the role, influence, power and position of PM have increased significantly]
Westminster model of govt. [Named after the location of Britain Parliament]
E.g. India, Britain, Japan, Canada etc.
2. Presidential System:
It is not responsible to the Legislature. Constitutionally independent of the legislature in respect of its term
of office. E.g. USA, Brazil, China, Russia, Sri Lanka etc.
PAGE 76
Adjournment motion, no confidence motion etc.).
3. Prevents Despotism (the executive authority is vested
in a group of people (ministers) and not in a single person
(checks the dictatorial tendencies)).
4. Wide representation (it is possible to provide
representation to all sections and all regions in the govt.).
5. Ready alternative govt. (if ruling party loses its
majority, the President can invite the opposition party to
form the govt. without fresh elections)
Demerits: Merits:
1. Unstable government. 1. Stable government.
2. No continuity of policies. 2. Definiteness in policies.
3. Against separation of powers. 3. Based on separation of powers.
4. Government of amateurs (PM has limited choice to 4. Government by experts.
select Ministers from MPs alone and does not extend to
external talent. The parliamentary system is not conductive
to administrative efficiency as ministers are not experts in
their fields. Ministers devote most of their time to
parliamentary work, cabinet meetings, and party activities).
5. Dictatorship of Cabinet (when there is absolute
majority, the cabinet autocratic and enjoys nearly
unlimited powers.)
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DISTINCTION BETWEEN INDIAN AND BRITISH MODELS
1. India has Elected President as its Head of the State (Republic) and Britain has Monarchial system.
2. Britain is based on Doctrine of the Sovereignty of Parliament, while India has Federal System along with
Parliament.
3. In Britain, the PM must be the member of the Lower House (House of Commons). In India, the PM may be a
member of any of the two houses.
4. In Britain, only MPs are to be appointed as Ministers. In India, Ministers who are appointed are not required to be a
MP for a maximum period of 6 months.
5. ‘Shadow Cabinet’ is a unique institution of the British Cabinet System. It is formed by the Opposition party to
balance the ruling cabinet to prepare its members for future ministerial office.
6. Britain has the system of legal responsibility of the minister while India has no such system. Unlike in Britain, the
ministers in India are not required to countersign the official acts of the Head of the State.\
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FEDERAL SYSTEM
Political system is classified into two types based on relationship between National govt. and Regional Govt.:
1. Unitary System – in which all powers are vested in the national govt. E.g. Britain, France, Japan, China, Italy etc.
2. Federal system – powers are distributed between States and Union by the Constitution itself and both operate in
their respective jurisdiction independently. E.g. India (States), USA (States), Canada (Provinces), Russia
(Republics), Switzerland (Cantons), Australia, Brazil etc.
The Constitution of India adopted Federal System of government due to two main reasons:
1. Large size of the Country (Efficient governance)
2. Socio-Cultural diversity (National unity with regional autonomy)
PAGE 79
UNITARY FEATURES OF THE CONSTITUTION
1. Strong Centre.
2. States are indestructible.
3. Single Constitution: no separate constitution for the State (they cannot draft their own except J&K).
4. Flexibility of the Constitution: other than Centre-State relations, Parliament can alone amend the Constitution.
5. No equality of State representation: The number of members for RS from States is based on the population and
not like USA (two for each State).
6. Emergency provisions: There are three types of Emergencies – National, State and Financial. During Emergency,
the States goes into the total control of the Centre. It converts the Federal to Unitary form without a formal
amendment. This type of transformation is not found in any other federation.
7. Single Citizenship: USA, Switzerland, Australia have Dual Citizenship.
8. Integrated Judiciary: We have Supreme Court at the top and the State High courts below it. This single system of
courts enforces both the Central laws as well as the State laws. But in USA, there is a double system of courts
whereby the Federal laws are enforced by the Federal Judiciary and the State laws by the State Judiciary.
9. All-India Services: In US, the Federal govt. and the State govt. have their separate public services. But in India, in
addition to the Central and State public services there are All-India services also. Centre has ultimate power over
these people. Thus these services violate the principle of federalism under the Constitution.
10. Integrated Audit Machinery: The CAG (Comptroller and Audit-General of India) audits the accounts of not only
the Central but also those of the State govts. The President can appoints and removes him without consulting the
States. This restricts the autonomy of finance of the States. American CAG has no role in States’ finance.
11. Parliament’s authority over State List: The parliament is empowered to legislate on any subject of the State List
if RS passes a resolution to that effect in the National Interest and also during National Emergency, State
Emergency, and Request from 2 or more States on certain State list item and International Treaty’s
implementation without amending the Constitution.
12. Appointment of Governor (Canadian model): The President appoints him. Governor acts as an agent of the
Centre. Through him, the Centre exercises control over the States. In US, the head of the State is an elected
candidate.
13. Integrated Election Machinery: The EC conducts not only to the Centre but also to the States. This is
constituted by the President and the States have no right to say anything in this matter. US have separate
machinery.
14. Veto over State Bills: The President enjoys absolute veto over certain State bills. (The governor reserves certain
types of bills for the consideration of the President. He can withhold his assent to such bills.)
PAGE 80
He observed: “India has practically functioned as a unitary state though the Union and the States have tried to
function formally and legally as a federation.”
Others described as – extreme federal, bargaining federalism, federation with a strong centralizing tendency,
cooperative federalism (though it created strong central govt. it has not reduced states to the level of administrative
devices – a new kind of federation to meet India’s peculiar needs.)
In Bommai Case 1994, the SC laid down that the Constitution is federal and characterized federalism as its ‘Basic
feature’. It observed: “The Centre has more power but it does not mean that states are appendages of Centre. The
States have independent constitutional existence. Within the sphere allotted to them, the States are Supreme.”
PAGE 81
CENTRE-STATE RELATIONS
The Constitution divided all powers between Centre and State to establish maximum harmony and coordination between
them. The Centre-State relations can be studied under 3 categories:
Legislative relations
Administrative relations
Financial relations
But there is no division of judicial power as the Constitution established the Integrated Judicial system to enforce both
the Central laws as well as State laws.
PAGE 82
National Interest (A 249):
If RS so resolves that it is necessary or expedient (beneficial) for the Union to make laws on the State list
items then Parliament gets the power and the competence to enact such laws.
This resolution should be passed by a majority of not less than 2/3rd of the members present and voting.
This resolution prescribe the item of the State list on which Union can make law.
This resolution is valid up to 1 year.
The Parliament may make laws up to valid period of resolution.
The life of the resolution may be extended at maximum by 1 year of time, any number of times.
The law passed by the Parliament ceases to have effect on the expiry of 6 months from the cessation of the
validity of resolution.
Sarkaria Commission on Centre-State relations observed: “The rule of the Federal Supremacy is a technique to avoid
absurdity, resolve conflict and ensure harmony between the Union and State Laws. If not, there will be a chance of two-
tier political system which leads to political chaos.”
PAGE 83
ADMINISTRATIVE RELATIONS [A 256 – A 263] [PART XI]
PAGE 84
FINANCIAL RELATIONS [A 268 – A 293] [PART XII]
There is a Financial Bias in favor of Union, we have the ‘welfare state’ setup at Union and State levels. States must
undertake welfare activities for which they do not have adequate financial assistance. So they ask grants-in-aid from
the Union. Thus the States require Union assistance to discharge their duty as a welfare state. Further when
Financial Emergency is proclaimed under Art.360 then Centre may take overall resources to cope up with the
situation. Thus distribution of resources is affected.
PAGE 85
INTER-STATE RELATIONS
INTER-STATE WATER DISPUTES
A 262 provides for the adjudication of inter-state water disputes. It makes two provisions –
Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution
and control of waters of any inter-state river and river valley.
Parliament may also provide that neither the SC nor any other court is to exercise jurisdiction in respect of any such
dispute or complaint.
River Boards Act, 1956: provides for the establishment of river boards for the regulation and development of Inter-
state River and river valleys.
Inter-State Water Disputes Act, 1956: empowers the Central govt. to setup an ad hoc tribunal for the adjudication
of a dispute between two or more states in relation to the waters of an Inter-state River or river valley and binding
on the parties. (not comes under any court of law)
INTER-STATE COUNCILS
A 263 contemplates the establishment of an Inter-State Council to effect coordination between the States and between
Centre and States. Thus, the President can establish such a council if required. Its function is complimentary to SC
Jurisdiction under A 131, but its function is advisory unlike that of the court which gives a binding decision.
ZONAL COUNCILS
Divided into 5 zones – Northern, Central, Eastern and Western, Southern.
While forming these zones, several factors have been taken into account which include the natural divisions of the
country, the river systems and means of communication, the cultural and linguistic affinity and the requirements of
economic development, security and law and order.
Objectives:
o To achieve an emotional integration of the country.
o To help in arresting the growth of acute state-consciousness, regionalism, linguism and particularistic trends.
o To enable Centre and States to cooperate with each other in Social and Economic matters and exchange ideas
and experience in order to evolve uniform policies.
o To cooperate with each other in the successful and speedy execution of major development projects.
PAGE 86
PARLIAMENTARY PROCESSES AND INSTRUMENTS Art. 79 – 122
Westminster model of Govt. (British)
Parliament: President, Council of States (RS), House of People (LS).
President is the integral part of the Parliament because President’s assent is required to change the Bill
into an Act. He also summons (order to be present) and prorogue (to dissolve the session) both the
houses, dissolves the LS, addresses both the Houses and issue ordinances when they are not in session
etc.
India relied on the British pattern rather than American pattern. American President is not the Integral
part of the Legislature (Congress – Senate and House of Representatives).
The Parliamentary form of govt. lays stress on the interdependence between Legislature and Executive
Organs. Hence, we have ‘President-in-Parliament’. The Presidential form of Govt. lays stress on
Separation of Legislative and Executive Organs.
COMPOSITION OF RS
Maximum Strength: 250
Present Strength: 245 (People represented only by 233)
229 (States) + 4 (Delhi – 3, Puducherry - 1) + 12 (Nominated by President) = 245
12 Members must be nominated (compulsory) on the advice of Council of Ministers.
With Proportional representation by means of Single Transferable Vote.
Nominated Members of the State Legislative Assembly has no role in electing RS MPs.
These Elections are organized by Election Commission of India.
𝑵𝒐.𝒐𝒇 𝑴𝑳𝑨𝒔 𝒊𝒏 𝒕𝒉𝒂𝒕 𝑺𝒕𝒂𝒕𝒆
No. of Votes required =
(𝐍𝐨.𝐨𝐟 𝐑𝐒 𝐌𝐏𝐬 𝐧𝐞𝐞𝐝 𝐭𝐨 𝐛𝐞 𝐞𝐥𝐞𝐜𝐭𝐞𝐝 𝐟𝐫𝐨𝐦 𝐭𝐡𝐚𝐭 𝐒𝐭𝐚𝐭𝐞 + 𝟏) +𝟏
COMPOSITION OF LS
Maximum Strength: 552
Present Strength: 545 (People represented only by 543)
530 (States) + 13 (UTs) + 2 (Nominated from Anglo-Indian) = 545
Nomination of these 2 members is optional (not compulsory).
SYSTEM OF ELECTIONS TO LS
Territorial Constituencies
Each State: The ratio between No. of allotted seats of LS and its population is same for all States. (Exception: < 6
million people) [between the different States]
Each Constituency: Ratio between Population of each constituency and no. of seats allotted is same for all
Constituencies all over the State. [between different constituencies in the same State]
Boundaries are redrawn (Delimitation Exercise) without changing no. of MP seats for the particular state (In 1976,
42nd amendment froze the no. of seats up to 2026 – encouraging population limiting measures) but the no. of
SC, ST seats in a State are changed in accordance of recent census of the State.
Reasons:
1. Difficulty for the voters to understand the system due to low literacy.
PAGE 87
2. If it is adopted, definitely small local parties in the States get represented in LS and results in a Coalition Govt.
(Instability).
3. It eliminates the contact between Voters and Representatives.
4. It promotes minority thinking and group interests.
5. It increases the significance of party system and decrease that of voter.
DURATION
RS: Permanent House. One-third members retire every 2 years. The Constitution has not mentioned any duration
for RS members. According to Representation of the Peoples Act of 1951 provided the term of RS as 6 years.
LS: 5 years. President is authorized to dissolve the LS at any time and this cannot be challenged in Court of Law.
The disqualification based on Anti-defection law is decided by the Chairman and Speaker. His decision is FINAL
(not by the President). But it comes under Judicial Review.
SPEAKER
Whenever the LS is dissolved, the Speaker does not vacate his Office and continues till the newly elected LS meets.
Then Pro-tem Speaker comes to Office to take all members’ oaths and remains until new Speaker is elected.
President appoints Pro-tem Speaker. The date of election of Speaker decided by President.
Speaker derives his power from 3 sources – Constitution of India, Rules of Procedure and Conduct of Business of LS,
and Parliamentary Conventions.
Duties
He is the final interpreter of the Constitution of India, Rules of Procedure and Conduct of Business of LS,
and Parliamentary Conventions within the House.
He adjourns the House or suspends in the absence of a Quorum (Minimum Strength – 1/10th of 545).
He does not vote in the proceedings of LS until and unless case of tie.
He presides over Joint Meeting of both houses.
He decides whether the bill is Money Bill or not. His decision is FINAL in this aspect.
He decides the question of disqualification of member under Anti-defection Law. But it comes under
judicial review.
He appoints the Chairman of all the Parliamentary Committees of LS and supervises its functioning. He
himself is the Chairman of Business Advisory Committee, Rules Committee and General Purpose
Committee.
He can be removed only by a resolution passed by the LS by an Effective Majority (majority of total
members present) and not by Simple Majority (majority of total members present and voting). To
introduce this resolution, at least support of 50 members is necessary. Also 14 days prior notice should be
issued to Speaker. He can vote on proceeding of his removal (only case of voting in the very first instance).
His salary, allowances are fixed by the Parliament and charged on Consolidated Fund of India.
His work cannot be discussed or criticized in LS except on a Substantive Motion (A substantive motion is
a self-contained independent proposal submitted for the approval of the House and drafted in such a
way as to be capable of expressing a decision of the House, e.g., all resolutions are substantive motions).
He does not vote in the proceedings of LS until and unless case of tie (impartially).
DEPUTY SPEAKER
The Date of the Election of Deputy Speaker is after election of Speaker and decided by Speaker.
Deputy Speaker is not sub-ordinate to Speaker. He is directly responsible to the House.
Removal procedure is same as Removal of Speaker.
PAGE 88
Whenever he is appointed as a Member of a Parliamentary Committee, he automatically becomes its Chairman.
Since 11th LS, there has been a consensus (general agreement) that the Speaker is from Ruling Party and Deputy
Speaker is from main opposition party.
Panel of Chairpersons of LS acts as Speaker when both Speaker and Deputy Speaker are absent but not during VACANT.
If it is vacant, President may appoint any of the Member of the House. Speaker nominates them.
CHAIRMAN
Vice-President is the ex-officio chairman of the RS and not during the period when he acts like a President.
The powers and functions are same as Speaker except in 2 cases – Money Bill and Joint meeting.
Even though he is not a member of the House, he does not vote in the proceedings until and unless case of tie.
The Chairman can be removed from his Office only if he is removed from the Office of VP. He cannot Vote during
the proceedings of his removal (but Speaker, Deputy Speaker, Deputy Chairman can vote).
Panel of Vice-Chairpersons of RS acts as Chairman when both Chairman and Deputy Chairman are absent but not
during VACANT. If it is vacant, President may appoint any of the Member of the House. Chairman nominates them.
Leader of the House: PM/Minister/Member – not in Constitution, only in Rules of the House and Parliamentary Statute
Leader of Opposition: Member from Opposition (1/10th of the seats must be of that party) – not in Constitution, only in
Rules of the House and Parliamentary Statute
Whip: Ruling/Opposition – assistant floor leader - neither in Constitution nor in Rules of the House and Parliamentary
Statute. It’s just a Convention.
SESSIONS OF PARLIAMENT
1. Budget Session – February to May
2. Monsoon Session – July to September
3. Winter Session – November to December
Question Hour
1. Starred Question – Oral answer and Supplementary Questions.
2. Unstarred Question – Written Answer
3. Short Notice Question – Orally answered but a notice of less than 10 days.
PAGE 89
LEGISLATIVE PROCEDURE
Ordinary Bills
Financial Bills – Fiscal Matters (Revenue and Expenditure) (Art.110: Money Bills, Art. 117(1): Financial Bills I, Art.
117(3): Financial Bills II).
All these bills can be passed by the SIMPLE MAJORITY.
ORDINARY BILLS
Can be introduced in either of House of Parliament.
1. First Reading: Introduction of the bill and its publication in the Gazette constitute the first reading of the bill. No
discussion.
2. Second Reading:
a. Stage of General Discussion: Provisions are generally discussed. It make take into consideration
immediately or may refer to a select committee or joint committee or circulate the bill to elicit public
opinion.
b. Committee Stage: Select Committee. Examines the bill thoroughly. Can also amend its provisions. Report
is sent back to the House.
c. Consideration Stage: Each clause is discussed and voted upon separately. They can move amendments
also.
3. Third Reading: Acceptance or rejection. No amendments are allowed. Voting.
4. Bill in the Second House
5. Assent of the President
Art. 110 deals with the definition of the Money Bill. If the Bill contains ONLY provisions dealing with all or any of the
following
1. It results in imposition, abolition, remission, alteration or regulation of any tax at Union or State level but NOT at
local level. Thus, money bills exist in Parliament and State legislature only.
2. It results in regulation of borrowing of money or results in any guarantee by Government of India.
3. Results in withdrawal of money from Consolidated or Contingency fund.
4. Receipt of money in consolidated fund and public account.
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Does not require certification by the Speaker when Require certification by the Speaker when transmitted to RS.
transmitted to RS.
Its defeat in LS may lead to the resignation of the Govt. (if Its defeat in LS shall lead to the resignation of the Govt.
it is introduced by the Minister)
It can be approved, rejected or returned to reconsider the It can only be approved or rejected but not returning by the
Bill by the President. President.
JOINT SITTING
It is only applicable to Ordinary bills and Financial Bills but not to Money bills and Constitution
Amendment Bill. Constitution Amendment Bill must be passed by both the Houses separately.
It is governed by the Rules of Procedure of LS but not of RS.
Speaker > Deputy Speaker > Deputy Chairman
If the Bill is already lapsed due to dissolution of LS then President cannot summon Joint Sitting.
If LS is dissolved after the President announcement of Joint sitting, then Joint sitting is conducted with that
dissolved house. After President announce his intention of Join sitting, none of the houses should proceed further
with the bill.
It comes into picture when the deadlock happens. A deadlock is deemed to have taken place anyone below after a
bill has been passed by one house and transmitted to the other house:
1. If the bill is rejected by the other house.
2. If the houses finally disagreed to the amendments made to the bill
3. If more than 6 months have elapsed from the date of receipt of the bill by the other house without the bill
being passed by it.
BUDGETARY POWERS
Consolidated Fund of India – Like a Kitty Bank.
Budget Bill is Money Bill – Finance Bill (how to fill the Kitty) and Appropriation Bill (way to withdraw money
from Kitty)
Art. 112(1): The President shall in respect of every financial year cause to be laid (“cause to be laid” here means that
the person through whom President acts, is Finance Minister of the country, who is known as the custodian of the
nation’s Finances) before both the Houses of Parliament a Statement of estimates.
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Budget as ‘Annual Financial Statement’. Nowhere in the Constitution mentioned the term ‘Budget’. Budget is the
ESTIMATE of Income and Expenditure of the Govt.
An annual budget circular (let’s say for 2015-16) is issued to all the ministries containing the entries of estimates
(2015-16), revised estimates (2014-15), and actual expenditure (2013-14) is introduced in February 2015.
Budget also contains –
Estimates of Revenue and Capital receipts.
Ways and means to raise the revenue
Estimates of Expenditure
Details of actual receipts and expenditure of the closing financial year and the reasons for any deficit
or surplus in that year
Economic and Financial policy of the coming year, that is, taxation proposals, prospects of revenue,
spending program and introduction of new schemes/projects.
EXPENDITURE
Art. 112(2): Govt. spending is of two types – Charged Expenditure and Other Expenditures charged on
Consolidated Fund of India.
Art. 112(3): Charged Expenditure charged –
Emoluments (salary), Allowances of President and other expenditure related to his Office.
Salary and allowances to the Chairman and the Deputy Chairman of the RS, the Speaker and the Deputy
Speaker of the LS.
Debt charges including interest, sinking fund charges (a fund formed by periodically setting aside
money for the gradual repayment of a debt), redemption charges (commission collected by the company
on shares of govt. when sold out) and any other expenditure related to loans.
Salary, allowances and pensions of Supreme Court Judges and pensions of High Court Judges.
Salary, allowance and pension of CAG.
Any sum required to satisfy any Judgment, decree or award of any court or arbitrary tribunal.
Any other expenditure so declared by Constitution or Parliament of India.
Art. 113(1): Charged Expenditure cannot be voted but can be discussed.
Art. 113(2): Other expenditure shall be submitted in the form of demand for grants to the LS, which can accept,
reduce or reject the amount of demand.
Art. 113(3): No demand for grant shall be made except on the recommendation of President.
Art. 114(1): Once the demand for grant is passed by LS, a bill is introduced to appropriate money from the
Consolidated Fund of India.
Appropriation Bill:
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Art. 116: LS shall have power to make vote on account, vote of credit and exceptional grant.
Vote on Account: Budget Bill is normally introduced in third week of February and passes in month of May but the
financial year ends on 31st March and to carry out the operations of govt. smoothly for the months of April and May
the parliament gives the ‘Advance amount’ to govt. Generally vote of account is granted only for two months but
in the year of general elections, it is granted for four to five months until New Budget Bill get passed by new govt.
Vote of Credit: It is given to meet an ‘unexpected demand’ like Natural calamities. The govt. also cannot state
properly in the annual financial statement. This is a kind of blank cheque.
Exceptional Grant: It doesn’t form any part of current service of any financial year. It is made for some particular
ad special purposes.
INCOME
Direct and Indirect Taxes form major chunk of govt.’s income. According to Art. 265, No tax shall be levied or
collected except by the Authority of Law made by the Parliament.
Parliament can impose taxes on the subjects mentioned in Union List – 246(1), Concurrent List – 246(2) and
Residuary Matters – 248(2).
BUDGET SESSION
1. Budget is a Money Bill and it is voted in LS and only discussed in RS.
2. Budget is enacted in the Budget Session and it is the first and longest session of Parliament.
Procedure
1. In India, Budget is presented in two parts – Railway Budget and General Budget.
2. Railway Budget is introduced in the third week of February by the Railway Minister in the Lok Sabha.
3. General Budget is introduced by the Finance Minister in the Lok Sabha on the last working day of February along
with the Speech.
4. After the speech in the LS, the Budget is laid before RS, which can only discuss it and has no power to vote in the
demand for grants.
5. General Discussion begins after the presentation. 3 to 4 days are allotted for discussion on Budget. No voting and
no cut motions.
6. Finance Minister replies (to all questions and criticisms) at the end of discussion.
7. After this Houses are adjourned for 3 – 4 weeks.
8. During this gap, all the Demand for grants are submitted to 24 Departmental Standing Committees.
9. Every committee examines and prepares a detailed report on the demand for grants which is concerned to that
particular department and are submitted to both the houses for consideration.
10. Voting on Demand for Grants:
Only LS can vote and that too voting is for Other Expenditure not for Charged Expenditure.
General budget contains 109 grants (103 Civil and 6 Defense) and Railway Budget contains 32 grants.
Total: 131 grants
Total 26 days are given for discussion and voting on demand for grants.
At this stage Cut Motions (Policy Cut, Economy Cut and Token Cut) can also be brought by the
opposition to reduce or refuse the amount demanded in the grant.
11. LS tries to discuss and pass each demand separately, but it is rarely able to do this. So on the last day all remaining
demands are put to vote, irrespective of whether they are discussed or not. This is called “Guillotine”.
12. Passing of the Appropriation Bill becomes Act after assent of the President.
13. Passing of the Finance Bill: Unlike Appropriation Bill, the amendments (seeking to reject or reduce the tax) can
be moved in the case of Finance Bill. According to the Provisional Collection of Taxes Act of 1931, the Finance Bill
must be enacted (passed and assented) within 75 days. Thus Finance Act legalizes income side.
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14. Summary: Introduction – Speech – General Discussion – Departmental Committees – Voting – Guillotine –
Appropriation Bill – Finance Bill
Funds
1. Consolidated Fund of India (Art. 266)
a) All revenues received by the Govt. of India
b) All Loans raised by the Govt. by the issue of Treasury Bills (type of bonds)
c) All money received by the Govt. in repayment of loans from others who borrowed from us
2. Public Account of India (Art. 266) – All other public money other than those which are added to the CFI received
on behalf of the Govt. of India.
a) Provident (Pension) Fund deposits (Now, 8.1% interest. Tax free. Max. limit is 1.5 lakhs)
b) Judicial Deposits
c) Savings Bank Deposits
d) Departmental Deposits
3. Contingency Fund of India (Art. 267) into which amounts determined by law are paid from time to time. This
fund is placed at the disposal of President, and he can make unforeseen expenditure pending its authoritarian by
the Parliament. The Fund is held by Finance Secretary on behalf of him.
Special Powers of RS
1. It can authorize the Parliament to make a law on a subject enumerated in the State List (Art. 249)
2. It can authorize the Parliament to create new All-India Services common to both the Centre and States (Art. 312)
PARLIAMENTARY COMMITTEE
Parliamentary Committees are appointed or elected (sometimes expert MPs are part of Committee and elected by
the Proportional Representation) by the House or nominated by the Speaker or Chairman.
It shall submit its report to the House or Speaker/Chairman.
Why is it required?
Types of Committees
Ad hoc committee: These are temporary committees constituted to serve specific purpose and dissolved after the
purpose is served.
Select Committees: These are appointed to scrutinize (review) the particular bill and give the report on
various aspects and provision of the bill. E.g.: Land acquisition bill, Real Estate Bill are some of the recent
bills on which select committee was formed. RS sent Aadhar Bill to Select Committee.
Joint Parliamentary Committees: These are kind of Inquiry Committees appointed jointly by both the
Houses, to report on a particular matter such as Office of Profit or Railway Convention Committee.
E.g.: 2G Spectrum scam, Bofors gun deal, Bank Security Scam are some of the famous cases.
Standing Committee: These are permanent committees whose members change every year but their structure
remains same.
Departmental Standing Committee:
1. In 1989, the Departmental Standing Committees were established for the Department of
Agriculture, Environment and Forest, Science and Technology.
2. In 1993 this was upgraded to 17 Departmental Committees and in 2004, 7 more committees were
established.
3. These are Joint Committees consisting of 21 Members from LS and 10 Members from RS – 31
members (Before re-structuring, 30 from LS and 15 from RS). These are nominated by the Speaker
and Chairman.
Functions:
1. To consider demand for grants of respective ministry/department.
2. To examine bills referred by the Presiding Officer.
3. To consider Annual reports of Ministries.
4. To consider any Policy documents referred by Presiding Officer.
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Ethics Committee:
1. Standing Committee of Ethics in RS was formed in 1997.
2. Standing Committee of Ethics in LS was formed in August 2015. (In 2000 LS established its First
Ethics Committee as Ad hoc committee and from 2000 – 15 every year LS establishes it as Ad hoc).
3. Ethics Committee function to uphold the Standards of Parliament.
4. This has 15 members in LS (Present Chairman: Lal Kishan Advani) and 10 members in RS
(Present Chairman: Dr. Karan Singh) – 35 members.
5. RS has provided a ‘Register of Members Interest’, where MPs have to declare their interests in 5
Categories – Remunerative Directorship, Remunerated Activity, Majority Shareholding, Paid
Consultancy and Professional engagement.
6. LS does not maintain such register of Members’ Interests and apart from disclosing their assets and
liabilities to the House. MPs are not obliged to declare other financial interests that might be direct
or indirect conflict with their role as public servants.
7. RS’s Ethics Committee acts both on complaints as well as take up issues suo-motu (self-
cognizance: takes up the issue on its own). LS’s committee acts only on complaint either by any
Member of the House or by general public.
8. In addition to that, Members are required to declare any financial interest on an issue that is being
debated in the House or under consideration by any other Standing Committee and hence refrain
from taking part to avoid conflict of interest.
9. Vijaya Mallya’s Case (RS) and Sting Operation of TMC MPs (LS) have been referred to Ethics
Committee.
Functions:
1. Formulate the ‘Code of Conduct (list of dos and Don’ts)’ for Members and to oversee the Moral
and Ethical conduct of the Members.
2. To examine the cases referred to it with reference to ethical and other misconduct of the Members.
Financial Committee:
These are constituted to secure accountability of Govt. to the Parliament in Financial matters.
Ministers cannot be Members of this committee.
They do not examine the policies passed by the Parliament.
Their examination is of Postmortem effect.
Their recommendations are not binding on Govt. (Govt. should give reasons for not accepting the
recommendations).
Their Members are elected.
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effected. is assisted by CAG. and reports on aspects such as
autonomy, efficiency, productivity,
5. Suggest the alternative policies 5. It examines whether the money generation of employment etc.
in order to bring out the efficiency has been spent as authorized by
and economy in administration. the Parliament and for the purpose
for which it is granted.
6. Examine whether the money is
well laid out within the limits of 6. If excess money has been spent,
the policy implied in the estimates. then it examines the
circumstances which lead to
7. Suggest the forms in which the exceed and gives its
estimates shall be presented to the recommendations.
Parliament.
7. Apart from these technical
irregularities, it also brings out
evidence of waste, corruption,
inefficiency or operational
deficiency in the financial affairs.
Motion is a resolution in the state of a proposal; in other words, a resolution is a motion that has been approved. When a
motion has been passed and adopted by a majority of the members present and voting, it becomes a resolution.
Motions (Substantive (main), Substitutive and Subsidiary (relate to other motions or follow up on some
proceedings)) unlike questions can be admitted on the very short notice, sometimes on the same day.
Motions help in discussing matters of urgent public importance.
Through Motions House and its members give their views and opinions on various issues.
Motions like Censure motion and No-confidence motion, also test the govt.’s strength in the House of People.
All the Resolutions are Substantive Motions but all Motions are not Resolutions.
Resolutions are compulsorily voted, whereas not all motions are voted.
Resolutions are used to express opinion of the Houses or sometimes to recommend or direct govt. to take certain
action.
Resolutions are also passed to approve certain treaties, stand or action of govt. (generally if the treaty is related to
Land acquisitions).
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Motions only in Lok Sabha
Cut Motion
It can only be introduced in Lok Sabha.
Can be brought by Opposition during the passage of demand for grants.
Three types: Disapproval of Policy Cut, Economy Cut and Token Cut.
Cut Motions are of symbolic value, they cannot be passed since Govt. has majority in LS.
If cut motion is passed then Govt. doesn’t automatically fall, but it is a signal that govt. lost its majority in the LS.
It is also a kind of motion under which a discussion conducted for two and half hours. Usually matters discussed
under this are already raised in the Question Hour (Because only short questions shall be asked and factual answer
can be given. So if any MP or Chairman or Speaker feels on this issue an elaborated discussion is required then it is
raised in Short Duration Discussion). Two such discussions are conducted every week.
It is started from 1953 and main motive of this device is to initiate discussion on the matter of urgent public
importance.
Matter must be urgent, concerned primarily with working of Union Govt. and shouldn’t contain unsubstantiated
(without any proof) allegations.
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PRESIDENT [A 52 – A 78] [Part V]
Executive: President, VP, PM, Council of Ministers, Attorney General of India
He is the Head of the State, First citizen of India, acts as the symbol of unity, integrity and solidarity of the Nation.
The expression ‘proportional representation’ in the case of Presidential elections is misnomer and could better be called
a ‘preferential or alternative vote system’. Similarly, the expression ‘single transferable vote’ was also objected on the
ground that no voter has a single vote; every voter has plural votes.
Art.57: He is eligible for re-election for any number of times.
QUALIFICATION
According to A 58(1), no person shall be eligible for election as President, unless he is
A citizen of India
Has completed 35 years of age
Is qualified for election as a member of LS (i.e. if the Parliament may by law states that for contesting in the election
of LS, graduation must be completed then for contesting for President also must have completed Graduation)
OATH
To faithfully execute the Office
To preserve, protect and defend the Constitution and the law
To devote himself to the service and wellbeing of the people of India
DISQUALIFICATION
Art. 58(2): he shall not hold any ‘Office of Profit’.
A 56(1) (a): he can resign from his office by sending his resignation to VP (Chairman of RS).
A 56(2): he should also acknowledge about his resignation to the Speaker of LS.
A 54(1) (b): he can be impeaches for the violation of Constitution, by impeachment procedure.
Impeachment Procedure:
According to Art. 61(1), impeachment procedure can be initiated in any house of Parliament.
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A 61(2) (a): A proposal signed by 1/4th members of the total membership of the house, is moved after 14
days’ notice.
A 61(2) (b): Such resolution has been passed by a majority of not less than a 2/3rd of the Total membership
of House.
A 61(3): Once the resolution is passed by either house then the other house can investigate the matter, in
which President would also appear or to be represented.
A 61(4): If the other house too passes the same resolution, as a result of investigation, with a majority of not
less than 2/3rd of the total membership, then the President stands impeached.
Impeachment is a Quasi-Judicial procedure in Parliament. The nominated members of either house can
participate in the impeachment process thought they don’t take part in election of president.
State legislatures do not take part in the Impeachment even though they participate in elections.
POWERS
Legislative Powers
Art. 111: When a Bill which is not a Money Bill is passed by both the Houses of Parliament, then President may
either assent the bill, may withhold the assent the bill or return the bill for reconsideration of Parliament. If it again
sent the bill to President with or without the amendments, then President would have to assent the bill.
When a bill passed by the State Legislature, reserved by the Governor for President’s assent, the President may give
his assent, may withhold or direct the Governor to return the bill. If Assembly again sent back with or without
amendment, it is not obligatory for the President to give his assent.
He summons and prorogues the sessions of Parliament and dissolves the LS.
Some types of bills are introduced only after his recommendation. For e.g. Bills involving expenditure from the CFI.
Ordinances:
A 13(3) (a): Ordinance is LAW (temporary) – not parallel power but complimentary power.
A 123(1): President can pass an Ordinance, if Parliament is not in session.
A 123(2) (a): Every such Ordinance will expire within the 6 weeks of re-assembly of Parliament, unless
approved by both the Houses of Parliament.
Maximum life of an Ordinance can be 6 months and 6 weeks (maximum gap between sessions of RS and LS)
Art. 123(3): President cannot issue an Ordinance on those subjects on which Parliament has no right to enact a
law.
In Cooper Case of 1970, the SC held that President’s satisfaction can be questioned in a court on the ground of
malafide. 38th CAA, 1975 – President’s satisfaction is final and beyond Judicial Review. 44th CAA, 1978 –
President’s satisfaction is justiciable on the ground of malafide.
This power is not discretionary, he can promulgate or withdraw only on the advice of Council of Ministers
headed by the Prime Minister.
Ordinance can be retrospective (it may come into force from a back date).
It may modify or repeal any act of Parliament or another Ordinance. It can amend a Tax law also. But it cannot
be issued to amend the Constitution.
Although there is no restriction on the President’s power of re-promulgation of ordinance (any no. of times),
but according to the SC Judgment in D.C.Wadhwa V. State of Bihar of 1987, successive re-promulgation of
Ordinance with the same text without any attempts to get the bills passed by the Legislature would amount to
violation of Constitution and the re-promulgated ordinance is liable to struck down.
Executive Powers
All Executive action of GOI are taken in his name.
In 1971, the SC held that ‘even after the dissolution of LS, the council of ministers does not cease to hold the office.
Art.74 is mandatory and President cannot exercise the executive power without the aid and advice of the council.
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Any exercise of executive power without the aid and advice will be UNCONSTITUTIONAL as being violative of A
74’
President makes rules for the transaction of business of Govt. of India, and allocate business among Ministers
(Allocation of Business Rules) (and Jurisdiction of every Minister is fixed).
President can seek any information about Administration and law to be introduced in the Parliament (it is the duty
of the PM to provide the information asked by the President).
If President directs the PM that a decision taken by a Minister needs to be considered by the Council of Ministers,
to do so (as the Council of Ministers are collectively responsible). After the decision taken by the Council of
Ministers collectively, then the decision is sent to president and the President shall accept that decision whatever it
may.
All important appointments such as that of the Attorney General of India, Governors of States and Lieutenant
Governor of UTs, Judges of SC and HC, CAG, Chairman and Members of Election Commission of India, UPSC,
Ambassadors in diplomatic missions overseas etc., are appointed by him.
President appoints various constitutionally and legally mandated commissions such as Finance Commission,
National Human Rights Commission and National Commission for SC, ST and OBC and also takes action on
recommendations and tables their recommendations on the table of Parliament, along with action taken report.
Financial Powers
Judicial Powers
Diplomatic powers
The international treaties and agreements are negotiated and concluded on behalf of the President (by Executive).
However, they are subject to the approval of the Parliament.
He represents the India in International forums and affairs sends and receives diplomats.
Military Powers
Emergency Powers: In addition to the normal powers, the Constitution confers extraordinary powers on the President to
deal with the 3 types of Emergencies – NE (A 352), President’s Rule (A 356 & Art.365) and Financial Emergency (A 360).
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VETO (REJECT) POWER
24th CAA of 1971 made it obligatory for the President to give his assent to a Constitutional Amendment Bill. No veto
power to President in respect to a Constitutional Amendment Bill.
Absolute Veto
To withhold his assent to a bill passes by the Parliament. The Bill then ends and does not become an act. Usually, this veto is
exercised in the following cases:
Private members’ bills (passed in the Legislature but Council advices the President not to give his assent)
Govt. Bills when the Cabinet resigns (after the passage of the bills before the assent by the President) and the new
cabinet advices the President not to give his assent to such bills.
For e.g.:
o In 1954, Dr.Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill. The bill was passed by the
Parliament when the President’s rule was in operation in the State of PEPSU (Patiala and East Punjab Sates
Union). But, when the bill was presented to the President for his assent, the President’s rule was revoked.
o In 1991, R Venkataraman withheld his assent to the Salary, allowances and pension of Member of
Parliament (Amendment) Bill. It was passed before the day of dissolution of LS without obtaining the prior
recommendation of President.
Suspensive Veto
Returning the bill (other than Money Bill) for reconsideration to the Parliament.
If the bill is passed again with or without the amendments then President shall give the assent to it.
This means that the Presidential veto is overridden by a re-passage of the same ordinary majority.
Pocket Veto
He neither ratifies nor rejects nor returns the bill, but simple keeps the bill pending for an indefinite period.
For e.g.: In 1986, President Zail Singh exercised the pocket veto with respect to the Indian Post Office (Amendment)
Bill (imposed restrictions on freedom of press, so it was widely criticized). After 3 years, in 1989, the next President
R.Venkataraman sent the bill back to the Parliament, but the new govt. dropped the bill.
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VICE-PRESIDENT
VP occupies the Second highest Office in the Country.
He is next to the President in the hierarchy.
He is modelled in the lines of American VP.
ELECTION
Elected by the Members of both the houses of Parliament (both elected and nominated).
No participation of State Legislatures.
Same as Election of President.
QUALIFICATIONS
For contesting the election of VP -
Citizen of India
Age of 35 years
He should be qualified for the election as a member of the RS.
He should not hold any office of profit under Union, State, Local authority or any other public authority.
Removal: Resolution passed by the RS with Effective majority (total membership – vacant seats) and agreed by the LS
(simple majority)
FUNCTIONS
Chairman of RS.
Acting like a President when office falls vacant due to resignation, removal or death and also during absence for
some days.
Maximum period of acting like a President is 6 months.
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THE STATES [A 152 – A 237] [PART V]
GOVERNOR
Every State will have a Governor – Appointed by the President.
One person can be appointed as Governor for more than one state (A 153)
Executive power of State vested in the Governor (A 154) – Executive power extend to matters in respect of which
state legislature has power to make laws (List II of 7th Schedule).
QUALIFICATIONS
Citizen of India
Completed 35 years of age
Shall not be a member of either houses of parliament or house of a state legislature, and if such a member is
appointed as Governor, deemed to have vacated that seat in that house.
Should not hold any ‘Office of Profit’
OATH
Oath is under A 159 (not 3rd Schedule)
Administered by Chief Justice of HC or Senior most judge in his absence
I, … (name), do swear in the name of God/ Solemnly affirm, that I will faithfully execute the Office of Governor (or
discharge the functions of the Governor) of … (name of State) and will to the best of my ability preserve, protect and
defend the Constitution and the law and that I will devote myself to the service of well-being of the people of …
Avoiding cost and other issues of one more election which country cannot afford.
Friction between Elected Governor and Elected Chief Minister – Constitutionally, exclusive powers vests with the
Council of Ministers
Though appointed by President, Union control over States – Unitary Bias
Arguments advanced against nomination too in Constituent Assembly but finally settled for nominated Governor.
Sarkaria Commission report – Recommendation for appointments of Governor
Should be eminent person from outside State (only followed this recommendation)
Must not have participated in Active politics for some time before appointment.
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Should be appointed in consultation with the CM, VP and Speaker of LS.
Tenure should be guaranteed except under compelling circumstances, should be given an opportunity of
being heard, in case of termination – reasons to be laid before Houses of Parliament
Governor should not eligible for any appointment to Office of Profit under Union or State Govt. – only
second term as Governor or VP of India
POWERS
Executive head of the State; power extends to all matters with respect to which State can legislate.
Though Council of Ministers to aid and advice the Governor, A 163 is different from A 74.
No use of word ‘shall’ in A 163
Discretionary Powers
Right to nominate one member of Anglo-Indian Community (A 333)
Right to nominate 1/6th members of Legislative Council having special knowledge in literature, science, art, co-
operative movement and social service. (with the aid of Council of Ministers)
Part of State Legislature; following powers –
Right to address and send messages to the House(s).
Right to summon, prorogue the houses(s) and dissolve Legislative Assembly.
Laying the Budget and demand for grants before the House(s).
Emergency Powers:
A 356 and Governor’s report (not by the aid of Ministers, against whom he will write)
Pardoning Power (A 161) (small offences not major):
Grant pardon (completely forgiven), reprieves (temporary suspension), respites (awarding less sentence),
remissions (decrement of amount of sentence) of PUNISHMENTS
Suspend, remit or commute (changing one punishment to another) the SENTENCE
Any person convicted of any law relating to a matter to which the executive power of State extends only.
This power is NOT ABSOLUTE. Both the President and Governor are bound by the advice of their
respective Councils of Ministers and hence the exercise of this power is of an executive character.
Therefore, this power of both Governor and President’s mercy comes under judicial review. (not
provided by the Constitution but in Epuru Sudhakar V. State of AP, SC has given a small window of Judicial
review)
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Discretionary Powers (A 163):
The President shall act as per the advice of the Council of Ministers and has no discretionary powers
whereas the Governor has the discretionary powers under A 163.
A 163: There shall be a Council of Ministers to aid and advice the Governor in the exercise of his functions,
except in so far as he is by or under this constitution required to exercise his functions or any of them in
his discretion.
6th Schedule – Governor of Assam, in his discretion, determines amount payable by State of Assam to
district council as royalty for minerals.
A 239(2) – If President appoints Governor of a State as Administrator for an adjoining UT then he acts in his
discretion for that UT.
Special responsibility – Similar to discretionary powers:
371(2): Governor of Maharashtra and Gujarat – Development of Vidharba and Saurashtra
371 A: Governor of Nagaland – Law and Order maintenance
371 C: Governor of Manipur – Proper functioning of Committee consisting of members elected from
Hill areas.
371 F: Sikkim – Peace and equitable arrangement for social and economic development
371 H: Arunachal Pradesh – Law and Order
371 J: Karnataka – Setting up a separate board and allocation of funds for development of
Hyderabad – Karnataka region.
Important Discretionary Powers:
A 200:
Veto Power – can withhold his assent to the Bill (Pocket Veto, without any time bound)
Reserve the bill for assent of President:
Compulsory if its derogates power of HC
Discretion, if in his opinion it’s against Constitution.
Recent E.g.: Gujarat govt. bill for making 100% voting compulsory for local elections and
penal provisions if not casting vote (violation of A 21); Appointment of Lokayukta Bill. Both
are returned by the Governor but finally assented by the new Governor.
Art. 356: Breakdown of the Constitutional Machinery – Report by Governor to President
(President’s rule – State Emergency) (not on the advice of Council)
B R Ambedkar wished it would be a dead letter – But imposed 115 times.
Before S R Bommai Judgment in 1994, used on flimsy grounds. But after that case, the
Governor’s and President’s decision comes under Judicial Review. Real test for majority
must be only in floor of assembly and nothing else like Governor’s thinking or interpretation.
Recent decision in Uttarakhand case by SC ruled that it not only comes judicial review but
also reiterated to that position (establishment of previous State govt. to the Executive).
But if State Govt. resigns or defeated, then Governor to use his discretion whether to impose
Art.356 or dissolve assembly.
In Centre, no discretion of President – If Cabinet recommends even after defeat in
LS, it has to be dissolved.
In States, Governor can impose Presidential Rule even if resigning cabinet
recommends dissolution. Recent E.g.: Delhi in February 2014.
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Instances of re-promulgation of ordinances is common which needs to be checked.
But Governor can’t sign an Ordinance which under the Constitution, it enacted as a law would have required the
assent of the President. (President has Absolute power of Ordinance but not to the Governor).
For e.g.: Any law derogating the powers of HC which is required to be reserved to President’s assent.
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COUNCIL OF MINISTERS [PART VI]
Real Executive head of the State.
APPOINTMENT
Chief Minister to be appointed by the Governor.
Other Ministers as per the advice of the CM by the Governor.
Holds the Office during the pleasure of the Governor. (A 356)
CM during the pleasure of the Governor and Council during the pleasure of the CM.
Collectively responsible to the State Legislative Assembly.
Strength of the Council should not be more than 15% strength of the Assembly.
Any member appointed minister, if not already member, should become member of either house within 6 months.
Oath of Office and Secrecy as per 3rd Schedule. (Only Oath of President and Governor are in Constitution and
remaining oaths of any person is under 3rd Schedule)
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STATE LEGISLATURE [Part VI]
UNICAMERAL AND BICAMERAL
State Legislature, consisting of Governor and
8 States of AP, Bihar, MP, MH, KA, TN, TS and UP having two houses – Assembly & Council.
MP and TN – No notification of date issued and no council exists in fact.
Assam and Odisha may have one in near future.
J & K has also Council as per its own Constitution.
All other states have One House – Legislative Assembly
Legislative Council can be formed/abolished by an Act of Parliament after a resolution is passed by a State’s
Legislative Assembly with ‘Special Majority’ – Majority of Total membership and should be greater than 2/3rd of
members present and voting.
COMPOSITION OF ASSEMBLY
Each State to have not less than 60 or not more than 500 territorial constituencies to be filled by the direct election.
Goa, Sikkim, Mizoram, Puducherry have less than 60 seats through Act of Parliament.
One member from Anglo-Indian Community may be appointed by the Governor (A 333).
Important years for purpose of number of constituencies and delimitation:
Till first census after 2026 published – in effect 2031 census which will be published somewhere around 2035
(depends on our population explosion)
Till then no change in number of constituencies as determined by census of 1971
Till then no requirement of constituencies as determined by 2001 census – the recent delimitation
exercise carried out few years back.
DURATION
Legislative Assembly – 5 years, in case of proclamation of Emergency (A 352. Not Art. 356, because defined in A
366) can be extended by 1 year. (352 – Proclamation of Emergency – National Emergency. Art.356 – just breakdown
of Constitutional machinery – Presidential Rule)
Legislative Council – Permanent body like RS, 1/3rd retire for every 2 years.
QUALIFICATION
A Person can be qualified to fill a seat (for nomination) unless he is
Citizen of India, takes oath according to the form set out in the 3 rd schedule before authorized official of Election.
Age – 25 years for Assembly and 30 years for Council
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Not disqualified as per any law made by the Parliament or under Art.191 of the Constitution.
VACATION
No person can be member of both the houses. He shall vacate one of them within time stipulated as per rules.
If a person resigns by submitting resignation to Speaker/Chairman, the seat become vacant.
If for a period of 60 days is absent without permission of the House, the House can declare the seat vacant.
DISQUALIFICATION
Office of Profit under Union Govt. or State Govt.
Parliamentary Secretary is Office of Profit
President, VP, Governor, Minister of Union or State – NOT OFFICE OF PROFIT
Minister post is not Office of Profit. But MLA/MP is Office of Profit
Unsound Mind, Undischarged insolvent, voluntarily acquires citizenship of any other country.
Disqualified under law made by the Parliament
Disqualified under 10th Schedule – Anti Defection Law
Decision on qualification and disqualification to be referred to the Governor who shall consult Election Commission
before decision and his decision shall be final.
According to Representation of People’s Act:
Section 8 of the Act disqualifies any person convicted of offences as mentioned in that Act and which
carries sentence for more than 2 years.
Amendment: Parliament included section 8(4) – giving 3 months’ time to appeal against conviction and no
immediate disqualification.
But SC ruled out this amendment as unconstitutional.
Previous Govt. tried to bring the Ordinance but that was shelved.
Present Situation: Disqualifies immediately after conviction. Disqualified to contest for 6 years after the
completion of the Sentence.
PRIVILEGES
These are similar to the provisions of the Parliament and its members.
Art.194 deals with the Freedom of Speech and Right in respect of Publication of Members and House collectively
(these are the two explicitly mentioned privileges by the Constitution)
In respect of all other matters, the privileges shall be the same as House of Commons as they existed at the time of
commencement of the Constitution.
Broadly speaking any act or omission which obstructs the House or any of its members from performing its
functions is considered a breach of privilege.
There are two types of Privileges –
Privileges to Individual Members:
Freedom of Speech subject to rules framed by the House; unfettered powers otherwise and no restrictions
and cannot be made liable in a court of law for what is said in the House.
Freedom from arrest in Civil Cases under CrPC during continuance of the meeting in a committee in
which he is a member for 40 days before and after such meeting – not applicable for criminal cases or
preventive detention.
Cannot be summoned as witness while the house is in session without the leave of the house (permission
of Speaker/Chairman)
Privileges of House collectively:
Right to publish debates and proceedings and restrain publication by others.
Right to exclude others from House
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Right to regulate internal affairs and decide on matters arising within the House.
Right to punish members and outsiders for breach of its privileges (Privilege motion. Not comes under
Judicial review)
Instances of breach of privilege have come down in recent years.
Still need to codify the privileges to put at rest any arbitrary actions.
Money Bills cannot be introduced in Council; cannot make any amendments and can make only recommendations;
maximum hold only for 14 days.
Other than Money Bills can be introduced in any house but Assembly’s passage prevails
After assembly passes, the Council can (a) reject bill (b) withhold it for 3 months (c) passes with its own
amendments.
Assembly may pass with such amendments as it deems fit
After such passage, council can (a) reject bill (b) withhold it for 1 month (c) passes with its own
amendments. After this Assembly passes the bill.
In both the cases, the bill shall be deemed to be passed as passed in the Assembly (Assembly can reject all
amendments made by the Council)
Ultimately, Bill as passed by Assembly shall prevail.
Financial Bill also cannot be introduced in the Council but time frame (3 months, 1 months) shall be similar
to other bills.
No joint sitting of Houses like in Parliament (because Assembly’s version prevails)
Governor may provide assent to bill or withhold assent (without any time bound) then it doesn’t become law.
Governor can reserve the bill for President
Compulsory if it derogates powers of HC Judge
May provides his assent or withhold his assent
In bill other than money bill, can refer the bill again to the Legislature with a massage ; may provide assent
or withhold assent even after passage again
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JUDICIARY
OBJECTIVES OF JUDICIARY
This is adopted by the Indian Judicial System which is known as Beijing Statement of Independent Judiciary.
With intentions to secure the Independence they actually REWROTE the provision of Art. 124 – ‘Consultation’ was
interpreted as Concurrence/Confluence of SC/HC Judges (mandatory to CONSULT the CJI).
Judgment: Primacy of appointment lay with the CJI and assisted by 2 senior most Judges.
But sometimes clash arose between CJI and other Judges. So it lead to 3rd Judges Case.
Advisory Jurisdiction (Art. 143): It is not a case but an opinion delivered by the Supreme Court of India
responding to a question of law regarding the collegium system, raised by then President of India K.R.Narayanan, in
July 1998 under his constitutional powers.
Judgment:
1. Took away the Primacy of CJI and vested powers in Collegium of CJI and 4 senior most judges of SC in
matters of appointments of SC and HC Judges, and transfers of HC Judges. Appointments are under
President’s hand.
2. Extracted Statement from Govt. – that it would accept the opinion as binding.
National Judicial Appointments Commission (99th CAA, 2014) – Stuck in Advocates’ on Record Association Case, 2015
the CJI, Chairperson, ex officio
two senior Judges of the SC—Members, ex officio
the Union Minister in charge of Law and Justice—Member, ex officio
Two eminent persons to be nominated by the committee consisting of the PM, the CJI and the Leader of
Opposition in the House of the People.
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Present Situation
All the below are appointed by the President.
REMOVAL OF JUDGES
The Judges Enquiry Act of 1968 regulates the Procedure –
The Constitution has not fixed the tenure of a Judge of SC but he can hold his office until he attains the age of
65 years.
A Judge of SC can be removed by the President only after an address by Parliament has been presented to him.
A Removal motion signed by 100 members of LS or 50 members of RS is to be given to Speaker/Chairman.
The Speaker/Chairman may admit or reject it. If it is admitted, then the Speaker/Chairman is to constitute a Three-
member committee (CJI, CJ of HV and distinguished Jurist) to investigate into charges.
If the Committee finds any guilty of misbehavior or suffering from incapacity then House can take up the
consideration of motion.
After passing the motion by Special Majority (majority of total membership and more than 2/3rd of present
and voting), an address is presented to the President for removal of the Judge.
Finally, the President passes an order removing the Judge.
Ad hoc Judge: When there is a lack of quorum of the permanent judges to hold or continue any session of the SC,
the CJI can appoint a judge of HC as an ad hoc judge only after consulting with the CJ of concerned HC and
consent of President (No consultation with that Judge is necessary). The Judge should be qualified for Appointment
(Citizen of India and 5 years of HC Judge, not prescribed any minimum age).
Retired Judges as Ad hoc: CJI can request any Retired Judge of SC/HC to act as a temporary Judge of SC. He can
only do with the consent of the President and also of the person to be appointed.
Constitution declares Delhi as the seat of the SC. But it also authorizes CJI to appoint other place(s) only with
approval of President.
Procedure of the Court: Constitutional cases or references made by the President under Art.143 are decided by the
bench of at least 5 Judges and all other cases are decided by a bench consisting of not less than 3 Judges.
INDEPENDENCE OF SC
Federal Court, Highest court of appeal
Guarantor of the FRs of citizens
Guardian of the Constitution
To ensure the above SC’s functioning as impartial and independent, following provisions are provided –
Mode of appointment
Security of Tenure (do not hold office at the pleasure of President)
Fixed service conditions (Salaries, allowances, privileges of Judges, staff and administrative expenses of SC
are charged on CFI and not be voted by MPs and are determined from time to time by the Parliament)
Conduct of Judges cannot be discussed (Constitution prohibits, excepts during impeachment)
Ban on practice after retirement (prohibited pleading or acting in any court or before any authority within
the territory of India) (ensures that they do not favor any one hope of future favor)
Power to punish its Contempt
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Freedom to appoint its staff (CJI can appoint staff and servants of the SC without any interference of
executive)
Its jurisdiction cannot be curtailed (Parliament cannot curtail but can extend the Jurisdiction of SC)
Separation of Judiciary from Executive.
Original Jurisdiction: Disputes Bt. Different units of the Indian Federation. SC has Exclusive (no other court)
Original (hears in the very first instance and not by way of appeal) Jurisdiction. The questions of Political nature
are excluded from it and by private citizen against Centre or State also. The below mentioned list also excluded –
Pre-constitutional treaty
Inter-state Water disputes
Matters referred to Finance commission
Writ Jurisdiction: SC has Original Jurisdiction that an aggrieved citizen can directly go to SC for violation of FRs.
Appellate Jurisdiction: Hears appeals against the Judgments of lower courts (HC).
Constitutional Matters: HC certifies that Case involves a substantial (considerable) question of law that
requires the interpretation of the Constitution.
Civil Matters: HC certifies that Case involves a substantial question of law of general importance and the
question needs to be decided by the SC
Criminal matters: sentenced to death and certifies that the case is a fit one for the appeal to the SC and in
1970, the parliament has enlarged the Criminal appellate jurisdiction of the SC – if the HC has on appeal,
reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or more
than 10 years.
In the first two cases, an appeal lies to the SC as a matter of right (i.e. without any certificate of the HC). But
if the HC has reversed the order of conviction and has ordered the acquittal of the accused, there is no right
to appeal to the SC.
Advisory Jurisdiction: The President can ask the advice to SC under Art.143 in two categories –
On any question of law or fact of public importance – SC may refuse to give
On any dispute arising out of any pre-constitution treaty, agreement – SC should give the advice.
These advices are not binding on the President.
A Court of Record: it has power to record the Judgments, proceedings and acts for the perpetual memory and
testimony for legal references.
Power of Judicial Review: mentioned below
Other Powers:
Disputes in elections of President and VP. In this regard, it has original, exclusive and final authority.
It enquires into the conduct of Chairman and members of UPSC on a reference made by the President. If it
finds guilty of misbehavior then it recommends to the President to remove. It is BINDED on President.
It can review its own judgment.
It can transfer a case or appeal to one HC to another.
Its law is binding on all courts in India.
JUDICIAL REVIEW
Checking the validity of Law as well as Administrative or Executive Orders based on 3 grounds –
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Judicial Review because of the following –
Constitution is Supreme (Art. 13, Art. 372(1) – laws which are prior to the commencement are invalid)
Division of Power (Art. 245, Art. 246), (Relation bt. Union and States Art. 251 - 254), (Art. 131 - 136), 7th Schedule
Written Constitution
FRs (Art. 32, Art. 226)
Federal Structure (Art. 246)
JR on 9th Schedule: JR on laws placed in 9th schedule after Kesavananda Bharati Case, 24th April 1973 is “allowed”. This
verdict is given in I.R. Coelho Case, 2007.
Phases of JR
USA JR:
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2. Judicial Pronouncements
USA: Marbury V. Madison Case Expanded DPL Administrative and Legislative actions can be reviewed.
But in India it is evolved through phases.
a) 1950’s
Restricted phase of SC
Reluctant to declare any Parliament act as invalid
Caution and hesitation
1 out of 694 enactments was declared invalid
Shankari Prasad Judgment
b) 1960’s – 1970’s (Congress loses in 9 States)
Activist phase
Golaknath Case – peak of this tendency
Told Parliament is creature of Constitution and not to take away FRs
KBC and Menaka Gandhi Case: Judicial Creativity of high order.
These three cases can be taken as: comparable to Law maker, Due process of Law adopted and
Public Interest Litigation’s (PIL) – Source of Moral and Psychological Legitimacy.
c) 1980’s: PILs as a tool to expand its powers
d) Activist Judiciary Criticism:
Over willing to jump into arena of Executives or Legislative Functions in reality Judicial Activism
competes with Traditional Concept (Judiciary as mere Umpire).
Judiciary considering itself as a Catalyst in Constitutional Scheme + Arm of Social Revolution +
Activator of Legal Mechanism for SOCIO-ECONOMIC PROGRESS.
Forms of Judicial Activism can be seen from following trends –
i. Expansion of Rights
ii. Expansion of JR
iii. Indiscriminate use of Contempt of Court
iv. Over extending rules of Interpretation
v. Passing of orders which are Unworkable
vi. Excessive monitoring and Rule Making
PILs:
Bihar under trials - Hussainara Khatoon Case 1979 – first PIL Case
Bandhua Mukti Morcha V. UOI 1984 (Bonded Labor Liberation)
Asiad Workers Judgment
People’s Union for Democratic Rights (PUDR) V. UOI 1982 (Human Trafficking)
S.R. Bommai V. UOI 1994 – Art. 356 misused (President’s Rule in States)
Enquiries:
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Failure of Administration:
Shifting of IPL matches from Maharashtra due to Drought. The State Machinery is thinking that Judiciary
will take care of issues like these. They are not being responsible. Vacuum created is fulfilled by
Judiciary.
In these issues, there is scope for a Judge to read his PERSONAL PHILOSOPHY into Provisions. So this could
be Judge Phenomena rather than Institutional Phenomena. So this should be changed and Strong Robust
Institutional Structures needs to be formed in India – Negative Feature.
Positive Features:
Lily Thomas Case 2013 – Election reforms (Section 8 of Representation of People’s Act) (Disqualification of
Convicted Representatives)
Appointment of Chief Election Commissioner in BCCI polls.
ACTIVISM V. RESTRAINT
Judiciary has to have some Restraints. Because –
IF THERE IS LAW THEN ENFORCE IT, BUT DON’T CREATE LAW IF THERE IS NONE.
If Executives or Legislatures are not functioning properly it is for people to correct defects by exercising their
Franchise or by other Lawful methods.
Remedy does not lie with the Judiciary taking role of other organs because Judiciary has “Neither resources nor
Expertise”.
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Promoting De-centralized Governance – record mixed – ensuring the integrity if federalism (Art. 356) on
dismissal without high threshold of public justification but has been less receptive to claims of lower tier of Govt.
Generally upholds basic freedoms associated with liberal democracy (with some glaring exceptions) but weak
record in Questioning Executive actions in Cases of Preventive Detention.
Generally upheld Right to Expression but given more leeway in Banning Books.
During Emergency shrank from its duty and chose “Supinely to Concur with Executives suspension of Habeas
Corpus”.
Have shied away from taking firm stand on hot religious issues – Babri Masjid Case languished for 50 years.
Judges go to unusual lengths to show that, while they may recommend the reform of certain religious
practices, they are not antireligious.
Jurists have interpreted Indian Secularism itself as a kind of modus vivendi rather than as a set of principles.
Judicial Innovation – PIL is the most important vehicle for “expansion of its powers” has although tried to
provide more substantive conceptions to Equality (Preamble) and justices have been used to uphold the right to
health, speedy trial, education, shelter, clean environment etc.
Although the Court has significantly reduced the “standing” and “pleading” requirements in PIL + self-investigation
undertaken + commissions made + implementation monitored etc.
Brought Moral and Psychological reinforcement to the legitimacy and democratic system (post ADM Jabalpur)
It is Judge induced and Judge specific in nature. (personal philosophy and ideology of the Judge) (Strong Judicial
Institution should be made and PIL can never be an alternative to a fast, efficient, effective judicial and police
system, it can be temporary phenomena)
A traditional captive agency with a low social visibility into a liberated agency with a high socio-political
visibility is a remarkable development in the career of Indian appellate Judiciary.
People now know that the Court has Constitutional power of intervention, which can be invoked to ameliorate
their miseries arising from repression, governmental lawlessness and administrative deviance. (rather than
going to in-house Grievance Redressal mechanism, they are going to Courts)
Rather than improving the administration in favor of Public, they are weakening the administration in the long
run by taking up the issues like shifting of IPL matches from Maharashtra due to drought. Instead Administration
should consider these types of issues before giving permissions.
Compensatory arrangements could not be the substitutive to the failure of system to provide speedy trial.
Even when the SC listens to PIL’s, routinely intervenes also but routine access to justice remains extremely difficult.
In India, punishment is not delivered after Due process but Due process itself is the Punishment.
Court has established itself as a Forum of resolving matters of Public policy. But the results are not predictable
because of the Judge’s personal philosophy. The Court’s interventions look less impressive. (We have so many rights
under Art.21 but nit implementable) (Average trial for disposal of Civil matters take >20years (Right to Speedy trial))
The Legitimacy and power that Indian Judiciary does enjoy most likely flow not from a clear and consistent
vision, but rather from its opposite. They have given partial victories (power to amend FRs but not the Basic
Structure).
The Court rulings are itself cresting powers for itself.
Upendra Baxi – A dire cure for drastic disorder: “Chemotherapy for a Carcinogenic Political Body” and certainly Judges
have an important role to play in Strengthening our Democracy. But they will have to exercise great discretion and
resist the intoxication because Judicial Restrain can be only Protection against Judicial Adventurism.
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COMPARISON OF INDIAN SC AND AMERICAN SC
Indian SC American SC
Original Jurisdiction is confined to Federal Cases Not only federal cases but also related to Naval forces,
Maritime activities and Ambassadors etc.
Appellate Jurisdiction covers constitutional, civil and Confined to Constitutional cases only
criminal cases.
It has advisory Jurisdiction It has no advisory jurisdiction
Defends rights of citizens according to PEL But by Due Process of Law (DPL)
Its Jurisdiction and Powers can be enlarged by Parliament Are limited to that conferred by the Constitution
It has power of judicial superintendence and control over It has no such power due to Double Judicial System (federal
state high courts due to Integrated Judicial System. laws are enforced by federal judiciary and state laws are
enforced by the state judiciary)
HC DIFFER SC IN THE FOLLOWING ASPECTS –
Constitution does not specify the strength of HC and leaves it to the discretion of President. (But for the SC, under
Art.124 SC shall consists CJI and 7 other judges until the Parliament by law increases the Strength)
Qualification: He should have held a judicial office in the territory of India for 10 years or an advocate of HC for 10
years.
Oath: Even though President appoints HC Judge, Oath must be taken before Governor.
Tenure: can hold up to the age of 62 years (SC: 65 years)
Removal: same as SC Judges by passing a motion in LS/RS.
Transfer: President can transfer a Judge by consulting the CJI.
Salaries are charged on Consolidated fund of State but Pensions are from Consolidated fund of India (SC: both are
CFI)
Original Jurisdiction: Just original (first instance, not by way of appeal) but not exclusive (SC: Exclusive Original)
In SC only federal related matters comes under Original Jurisdiction. But under HC the following comes –
Admiralty (related to ships or navigable waters), Marriage, Divorce, Contempt of Court
Disputes related to election of MPs and MLAs.
Regarding Revenue matters.
The 4 HCs (Bombay, Madras, Calcutta and Delhi) have Original Civil Jurisdiction in cases of higher value.
Before 1973, the Calcutta, Bombay, Madras HC also had Original Criminal Jurisdiction. This was fully
abolished by the Criminal Procedure Code, 1973 (CrPC)
Writ Jurisdiction: can issue not only within the territorial jurisdiction but also outside its jurisdiction if the cause of
action arises within its territorial jurisdiction (not exclusive but concurrent with Art.32) (but it has some wider
powers than SC i.e. HC can issue not only for the enforcement of FRs but also to the Ordinary legal right).
Appellate Jurisdiction:
Civil matters:
1. On both the questions of law and fact, if the amount exceeds the stipulated limit.
2. The cases involving questions of law only (not question of fact)
3. The Calcutta, Bombay and Madras HC have provision of INTRA-COURT appeals i.e. when a
single judge of HC decided a case (either under Original or appellate), an appeal from such a
decision lies to the division bench of the same HC.
4. In 1997, SC ruled that the tribunals are subject to the Writ Jurisdiction of the HCs. So, it is not
possible for an aggrieved person to approach the SC directly against the decisions of the tribunals,
without going to the HCs.
Criminal matters: Appeals from the judgments of sessions court and additional sessions court lie to the HC
if the sentence is more than 7 years. It is also to be noted that a death sentence (Capital punishment)
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awarded by a sessions court or additional sessions court should be confirmed by the HC before it can be
executed, whether there is an appeal by the convicted person or not.
Supervisory Jurisdiction: The power of superintendence of HC is very broad because –
1. It extends to all courts and tribunals whether they are subject to the appellate jurisdiction of the HC or not
2. It covers not only administrative superintendence but also judicial superintendence
3. It is a revisional jurisdiction
4. It can be suo-motu and not necessarily on the application of a party
5. It is consulted by the Governor in the matters of appointment, posting and promotion of district judges.
Judicial Review: same as SC. It can also declare the law made by the State Legislature as invalid if it violates the
Constitution.
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PANCHAYAT RAJ INSTITUTIONS
LOCAL SELF GOVERNANCE
Idea: Gandhian Philosophy – village councils are units of self-governance.
Panchayat Raj Institutions: empowerment of people in socio-economic life through direct participation in routine
administration.
PRI’s: Leadership, political education, trust and faith in power structures.
Traditional Panchayats: 5 elderly wise men whose acumen (take good and quick decisions) in administration.
Legitimacy of Panchayats: approval of village or town residents and central political power of territory.
Colonial Period: Lord Mayo and Lord Rippon – grappling with colonial subjugation their position became
vulnerable.
Post-Independence: Jawaharlal Nehru towards centralized administrative structure.
DECENTRALIZED PLANNING
Preparation and Execution of Socio-Economical Developmental Plans.
Rationale (reasons): local issues like roads, water management etc. would be done by local people – capability to
mobilize resources.
Participation of People: Sense of empowerment, transparency in executive agencies prevent corruption, time lags
and cost overruns – Real Democratic Exercise.
Recommendations:
3 tier Panchayat Raj System – Gram Panchayat, Panchayat Samiti, Zilla Parishad
Linking of tiers through indirect elections.
The village Panchayat should be constituted with directly elected representatives, whereas the Panchayat Samiti and
Zilla Parishad should be constituted with indirectly elected members. This is because Gram Panchayat is similar to
that of state assembly where there is place for politics where as Samiti and Zilla Parishad members should be more
educated and knowledge. So they may not need the majority support.
All Planning and Developmental activities to theses 3 bodies.
Panchayat Samiti (Block) – Executive Body, Zilla Parishad (District) – Advisory, Coordinating and Supervisory Body
District Collector – Chairman of Zilla Parishad.
Recommendations:
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ASHOK MEHTA COMMITTEE (1978)
To revive and strengthen declining Panchayat Raj System.
Action was not completed due to collapse of Janata Party Govt.
But 3 States – Karnataka, WB, AP took steps to revitalize the System from these recommendations.
Recommendations:
2 tier – Zilla Parishad at district level and Mandal Panchayat – group of villages having 15K to 20K population
First level of decentralization should be District.
ZP: executive body and Planning at district level. All development functions should be transferred to ZP.
Taxation powers to mobilize their own financial resources.
Social audit: by a district level agency and committee of legislators
Official participation of Political parties at all levels of elections.
Nyaya Panchayats: system of dispute resolution at village level. Civil and minor criminal jurisdiction. Presided over
by a qualified Judge. Separate bodies from developmental Panchayats.
Appointment of Minister for Panchayat Raj.
Electoral Officer of State should organize the Panchayat elections in consultation with ECI.
State govt. should not supersede the Panchayats. Elections should be conducted within 6 months of suppression.
Recommendations:
Recommendations:
PRI should be constitutionally recognized, protected and preserved. Also provisions to ensure regular, free and fair
elections to the PRIs.
Nyaya Panchayats for cluster of villages.
Village Panchayats should have more financial resources.
Establishment of Judicial tribunals in each state to adjudicate the disputes of all matters of PRI.
EVOLUTION OF PRI
Narasimha Rao govt. introduced.
Approved by 17 State Assemblies and received the assent of the President on April 20, 1993.
Emerged as 73rd CAA, 1992 – came into force on April 24, 1993.
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73RD CAA, 1992
3 tier system.
The Act defines all the terms in the following manner:
Panchayat means an institution of local self govt. for rural areas.
Village means, a village specified by the Governor through a public notification to be a village for this
purpose and indicates a group of villages so specified.
Intermediate level between village and district specified by the Governor through a public notification for
this purpose.
Act brings uniformity in the Structure of Panchayat Raj throughout the Country.
It transfers the Representative Democracy to Participatory Democracy.
Important features:
Part IX
11th Schedule
29 functional items of Panchayat and 243G Article
Constitutional Status
Formation of Panchayats and Elections by the State Govt. at regular intervals (compulsorily) (Under JR). But
allotment of seats or delimitation of constituencies cannot be questioned in any court.
At all levels of Panchayats, Direct elections are to be conducted. But Chairpersons at Intermediate and District
levels should be elected indirectly (chairperson at village level shall be elected as State Legislature determined
manner).
Reservation of seats for SC and ST at all levels in proportion of their population in that area. (Also chairpersons)
The Act also provides 1/3rd of total members should be women (including the no. of seats reserved for women of
SC and ST) and also 1/3rd of Chairpersons at all levels should be women.
Duration: 5 years at every level but can be dissolved before completion also.
Finances:
The State legislature may
Authorize a Panchayat to levy, collect and appropriate taxes, duties, tolls and fees
Assign to a Panchayat taxes, duties, tolls and fees levied and collected by the State Govt.
Provide for making any grants-in-aid to the Panchayats from the Consolidated fund of State
Provide for constitution of funds for crediting all moneys of the Panchayats.
Finance Commission:
The Governor shall, after every 5 years, constitute a Finance commission to review the financial position of
Panchayats. Recommendations to the Governor:
The Principles that should govern:
o Distribution of taxes Bt. State and Panchayat.
o Determination of taxes that may be assigned to Panchayats.
o Grant-in-aid to the Panchayats from the consolidated fund of State.
Measures needed to improve the financial position of the Panchayats.
Act doesn’t apply to J & K, Nagaland, Meghalaya and Mizoram.
Not applicable to UTs subject to exceptions by President.
BEFORE INDEPENDENCE
Gram – mobilization of military groups for power
Vedic – no standing army for the King
Kautilya – Gramakuta (Village Officer)
Cholas Period – qualifications and disqualifications in elections, village committees – irrigation, road and water -->
taxes.
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Villages – independent
Gandhi – VILLAGES SHOULD BE REPUBLIC
Modern India
After Independence
Model of development Gandhi – Gram Swaraj Self-system – continuity of culture and administration in
villages.
Nehru:
o Wanted to develop on model of Russia – only nation to become developed nation in short time (1921-30)
o Villages dominated by the Feudalist class (Modern educated Indians)
o Rural development through Official Machinery
o 1952 – Community development Program divided into 100 blockseach block -100 villagesBlock
development office - Chief executive agency >> Decentralization of power at block level
o 1953 - National Extension service > Extended to village administration > Village development office –
assistance to block development office (3-4 Panchayats)
o Development – Stagnant
o 1956: 5 year plan completed
o 1957: Balwant Rai Mehta Committee > Block – executive > Zilla Parishad – Supervisory Body
o 1958: Recommendations > National Development Council – 5th of State list entry
o 1959: Rajasthan on October 2 and AP on November 1, 1959
o 1960-77: Successive failures > Ashok Mehta Committee – 2 tier > Public Administration close to villages
o 1978: Dartwal Committee > Block level
o 1984: Hanumantha Rao Committee > District level planning
o 1985: G V K Rao Committee > Decentralized District Planning > ZP
o 1986: Rajiv Gandhi - L M Singhvi Committee > Focus more on Rural Development > Opposed in RS
o 1991: Narasimha Rao govt. > modified proposals
o 1993: 73rd CAA came into force on April 24
o Primary Duties of Gram Panchayat: Drinking water and Sanitation
o Failure of Gram Panchayat > SWACH BHARAT
o Decentralization > Powerful PRI > Transfer of Power, Funds, Personnel
o Centralized power – Bureaucracy > followed in British rule
o In 1985, PR is powerful. President of Panchayat Samiti can contact the related officer but now it is absent
due to bureaucrats and MLAs >> failure of Rural Development
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PRESENT STATUS OF PRI. HOW CAN THEY BE STRENGTHENED?
Objectives
To alleviate poverty among the rural farmers who have no better incentives.
To create a framework and mechanism for effective rural governance and sustainable growth.
To create a sustainable rural credit model for small holder farmers.
To increase local household income from farming by utilizing better practices and by aggregating local produce.
To stem the emigration of workers to urban areas, and to enhance opportunities for asset based growth locally.
To empower small holder farmers.
To enhance overall societal and environmental development.
PM Narendra Modi’s ‘adopt-a-village’ scheme called “Saansad Adarsh Gram Yojana” (SAGY).
Focus on Rural Development:
o Scheme is based on Mahatma Gandhi’s vision of transforming ‘Swaraj’ into ‘su-raj’ (good governance)
o A village developmental plan will be prepared for each identified Gram Panchayat based on its needs
o Funds from Centre, State and MPLAD (Member of Parliament Local Area Development Scheme) to be used
for their development.
o Two national level committees to monitor scheme’s implementation
o In the 2nd phase, MPs will develop 5 more adarsh in 5 years starting from 2019.
Key features of SAGY:
o E-governance will also be given a push
o Ensuring universal access to education facilities, adult literacy, e-literacy
o Providing infrastructures in schools like toilets, libraries and supporting smart schools
o To create vibrant and harmonious society within the village activities.
o Personal development through sports, regular physical exercise, balanced nutrition and personal hygiene
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MUNICIPALITIES
74th CAA, 1992.
Part IX-A
Twelfth Schedule
18 functional items
Types of Municipalities: Nagar Panchayat, Municipal Council, Municipal Corporation
Types of Urban Govt. (8): Municipal Corporation, Municipality, Notified area committee, Town area committee,
Cantonment Board, Township, Port trust, Special Purpose Agency.
Composition:
o Persons having special knowledge or experience in municipal administration (no right to vote in meetings)
o MLA and MP of LS of that area that comprise wholly or partly the municipal area.
o MLC and MP of RS registered as electors within the Municipal area.
o The Chairpersons of Committees (Other than Ward Committees)
Ward Committee: Municipality having population more than 3 lakhs shall be constituted a Ward committee,
consisting of one or more wards.
District Planning Committee:
o To consolidate plans prepared by Panchayats and Municipalities in district, and to prepare a draft
development plan for the district as a whole.
o 4/5th of the members of this committee should be elected by the elected members of the district Panchayat
and Municipalities from amongst themselves.
o The Chairperson of such committee shall forward the development plan to the State govt. (manner of
chairperson election of such committees may provide by the State govt.)
Metropolitan Planning Committee:
o To prepare a draft development plan.
o 2/3rd of the members of this committee should be elected by the elected members of the Municipalities and
chairpersons of Panchayats in the metropolitan area from amongst themselves.
o The Chairperson of such committee shall forward the development plan to the State govt.
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