CONTENTS
1. Brief History of the Development of Indian Constitution
2. Indian Constituent Assembly
3. Preamble
4. Schedules of the Constitution
5. Sources of Indian Constitution
6. Union and its Territories
7. Citizenship and Fundamental Rights
8. Directive Principles of State Policy
9. Fundamental duties
10. The Union Executive
11. Procedures for Amendment
12. The Judiciary
13. The State Executive
14. Centre-State Relations
15. Inter-state Council
16. Finance Commission
17. Planning Commission
18. Public Service Commission
19. Election Commission
20. Official languages
21. Emergency provisions
22. Financial Committees of Parliament
23. Panchayati Raj
24. Important constitutional amendments
25. Important Terms
Chapter -1
Brief History of the Development of Indian Constitution.
* After the Victory of plassy in 1757and Buxur in 1764 by the British army, Bengal administration came
under the East India Company.
* To keep Bengal administration in their favour, British enacted many Acts which latter became the
foundation of Indian Constitution.
* The Regulating Act of 1773- It laid the foundation of a government in Calcutta presidency in which a
council of the Governor general established consisting of 4 members. They exercised their powers
jointly. The main features of this Act are-
• Parliamentary control over the government of the company.
• Governor of Bengal made the Governor-General of Bengal.
• A Supreme Court established at Fort William
• Subordination of the Presidencies of Bombay and Madras to that of Bengal.
Pitt’s India Act, 1784-
* Established Court of Directors for trade affairs
* Also established Board of Control for Political affairs.
* It reduced the number of members of the Governor General in council from 4 to 3
• Charter Act of 1793:
* It Provided that the member of Home Govt. (member of Board of control and Employees) were in future
to be paid salaries from the Indian revenues and not from British Exchequer.
• Charter Act of 1813:
* It renewed the company’s charter for a further period of 20 years
* It abolished the monopoly of the company’s Indian trade and threw open to all British subject under
certain regulations.
* But its monopoly of trade with china and trade in tea with eastern countries was retained
• Charter Act of 1833:
* Complete abolition of company’s monopoly over trade
* It reduced the company from a governing body to a mere administrative body of British Govt.
* Governor General of Bengal made Governor General of India.
* A Law commission was constituted for consolidating, codifying and improving Indian laws.
• Charter Act of 1853:
* Strength of the Court of Directors reduced
* The law member became the full member of the Governor General in Council.
* This was the last charter Act.
• Act of 1858:
* Indian administration taken over by British crown.
* Portfolio system was introduced in India.
* A council of 15 members, known as the council of India, was created.
* System of double government (introduced by pitt’s India Act, 1784) finally abolished
* Indian administration came under direct control of the British crown.
• Indian Council Act, 1861:
* Governor General’s Executive Council expanded
* Portfolio-system was introduced.
* Governor-General was empowered to issue ordinance in time of an emergency.
* Governor General was empowered to establish legislative councils for Bengal, Northern-Western
Frontier Province and Punjab.
• Indian Council Act, 1892:
* Beginning of Parliamentary system as this Act allowed discussion over budget and querries by members.
* Council members granted right to ask question.
• Indian Council Act, 1909(Morley - Minto Reforms)
* First time separate electorate for muslims introduced.
* One Indian was to be appointed to the viceroy’s executive council and Satyanarayan Singh became the
first Indian to be appointed to the council in 1909.
* Powers of Legislatures were enlarged allowing them to pass resolutions, ask questions and
seplimentasies, vote on separate items in the budget but budget as a whole could not be voted upon.
* No of elected members increased in Legislative councils
• The Govt. of India Act, 1919 (Montague - Chelmsford Reforms):
* The central legislature council made bicameral i.e. legislative Assembly and council of states.
* The No. of member in the council of states was 60 and out of them 34 were elected for a five year term.
* 145 members was the strength of legislative Assembly and out of them 104 were elected and 41 were
nominated for 3 years. Both House were given equal right.
* The only difference was that the lower house had the power to pass the budget.
* The Act introduced ‘Dyarchy’ in the provinces which provided for the division of provincial subjects
into “ Reserved” and “ Transferred” categories.
Reserved Subject – Finace, landtax, femine help, justice, police, pension, criminals, Newspaper,
Irrigation, Mines, waterway, factories, electricity, gas, labour - welfare, industrial disputes, Moter-
vehicles, miner port and public services etc.
Transferred Subject: Education, library, Museum, local self government, Health, Public building
department, excise, weight and measurement, industry, control over public entertainment, religion etc.
Government of India Act, 1935:
* Abolition of Dyarchy
* Secretary of state for India was empowered to appoint comptroller and Auditor-General in India.
* Provided the Provision to estabtish a public Service Commission in India.
* There were 451 Acts & 15 annexes in Act.
* This Act made the provisions for an all India federation consisting of eleven British Provinces, six chief
commissioner’s areas and those princely state which desired to be the part of the federation.
* At the provincial level ‘autonomy’ replaced dyarchy and responsible government was introduced.
Dyarchy at center level:
• Some Union subjects (Security, Foreign affairs, Religious matters) were vested in Governor-general. For
other union subject, a council of ministers was set up.
Establishment of Federal Court:
* Its Jurisdiction was extended to provinces and princely states there were a chief justice and two other
judges in the court
* Privy council (London ) has the supreme powery of Judiciary
Supremacy of British Parliament:
* This Act could be amended by British parliament. Only British Parliament was empowered to amend
This Act.
• This Act abolished the Council of state for India.
• Communal Election Pattern expanded.
* Communal electorate system continued for different communities at centre and provincial level and it
extended to Anglo - Indians, Indian-Christians, Europeans & Harijans.
* There was no preamble in the Act.
* The Act separated Burma from India and two new states were created. Adan came under British
subordination and Barar mingled with central Province.
Indian Independence Act, 1947: It was proposed on 4th July 1947 in British Parliament but it was Passed
on 18th July 1947. Main provisions of this Act are as follows-
* It fixed the date of 15th August 1947 for setting up the two Dominions, namely India and Pakistan. It is
decided to hand over the responsibility of power to the constituent assemblies of the dominion states.
* There would be separate Governor General for each Dominion (India &Pakistan)
* The Act also laid down temporary provision for the government of the dominions by giving the status of
Parliament with full power of Dominion legislature to both the constituent Assemblies.
* The Act further mentioned that till the new constitutions are not effective, the governments in the two
states will be run on the basis of provisions of the GOI Act, 1935
* Sovereignty and responsibility of British Parliament abolished.
* Pakistan was to comprise East Bengal, west Punjab, Sind and the sylhet district of Assam.
(2)
Indian Constituent Assembly
* The Constituent Assembly was up in July 1946 to frame the constitution for India on the
Recommendations of Cabinet Mission.
* The total membership of the assembly was 389. They were chosen by indirect election by the members
of the provincial legislative Assemblies. 292 member were elected through the provincial legislative
Assemblies; 93 members represented the Indian princely states; and 4 members represented the chief
commissioners provinces.
* Elections for the constituent Assemblies were held in July 1946. Elections for the 296 seats assigned to
the British Indian province under the cabinet Mission. The congress won 208 states, Muslim league 73
seats, and 15 sets by other parties and independence candidate.
* The constituent Assembly of undivided India held its first meeting in New Delhi with Sachidanand
Sinha, The oldest member, as the interim President.
* Only the representative of Hydrabad province did not Participated in the meeting.
* Representation of provinces or princely states in the constituent Assembly was given on the basis their
strength.
* The break up of 296 representatives of British Indian provinces was done on the bases of communalism
i. e 213 general, 79 for Muslim and 4 for Sikh.
* There were 33 representative in constituent Assembly from schedule Tribe.
* Nine female members were also in constituent Assembly.
* Dr. Rajendra Prasad was elected permanent president of constituent Assembly on 11th December 1946.
* Pandit Jawaharlal Nehru moved the objective Resolution on 13th December 1946.
* Declation of setting up of a separate constituent Assembly for Pakistan was made on 26th July 1947.
* After passing of objective Resolution, many committees were set up to frame the constitution on 22nd
Jan 1947.
* Constituent Assembly set up a Drafting committee under the chairmanship of Dr. B,R Ambedkar to
prepare a Draft Constitution for India on 19 August 1947
* The first draft of the constitution was prepared by the advisory branch of the of office of the constituent
Assembly under Sir B.N.Rao.
* There were 7 member in Drafting committee. They were-
- Dr. B. R. Ambedkar (Chairman)
- G.Gopalaswamy Ayyanger,
- Alladi krishnaswamy Ayyar
- Kanaiyalal Maniklal Munsi
- Syed Mohd Sadullah
-N.Madhav Rao (in place of B. Mittar)
- D.P. khaitan (replaced on death by T.T. Krishnamachari)
* As a result of Partition under Mountbatten plan of 3rd June 1947, the membership of the Assembly was
reduced to 299.
* After the partition, the constituent Assembly was reconstituted on 13th October 1947 and on 31st
December 1947 the total membership of the Assembly was 299 and out of these 229 members were from
provices and 70 members were from princely states.
* The first reading of constitution in constituent Assembly took place from 4th November 1948 to 9th
November 1948.
* Second reading of the constitution was completed by the 17th October, 1949 (15th Nov. 1948-17th Oct.
1949)
* Third reading of the constitution was started on 14th Nov. 1949 and it was completed on 26th November
1949 and on this date Constitution received the signature of the President of the Assembly and was
declare Passed.
* 284 member of the Assembly were present at that time.
* The constituent Assembly took almost 3 years(2years, 11 months, and 18 days) to complete its historic
task of drafting the constitution . Almost Rs 6.4 crore were spent on this work.
* 114 days were spent on discussion of the Draft constitution.
* There were 22 parts, 395 articles, and 8 schedules in our constitution on 26th November, 1949. At
present, there are 22 parts, 395 articles and 12 schedules.
Intrim Government Constituted on the proposal of Cabinet Mission:
1. Jawaharlal Nehru- Vice –President of the council, External Affairs and Common wealth.
2. Vallabhbabhai Patel – Home, Information and Broadcasting
3. Baldev Singh- Defence
4. Dr. John Mathai- Industries and Supplies
5. C. Rajgopalachari – Education
6. C.H. Bhabha- Works, Mines & Port
7. Rajendra Prasad- Food and Agriculture
8. Aasaf Ali – Railways
9. Jagjivan Ram –Labour
10. Liyakat Ali Khan –Finance
11. I.I. Chundrigar- Commerce
* Out of the total articles, only 15 articles ie 5, 6, 7, 8, 9, 60, 324, 366, 367, 372, 388, 391, 392 and 393
came into force from 26th November, 1949. While rest of the constitution / articles came into force on
January 26, 1950
* Date 26th January 1950 in the constitution is referred as the ‘Date of Comoncement’
* The last meeting of constituent Assembly was held on 24th January 1950 and on that day Dr. Rajendra
Prasad was elected as the first President of free India by Constituent Assembly.
* Sir Stafford Cripps, Lord Pathick Lawrence and A. V. Alexander were the member of Cabinet Missions
* On 26th July 1947 Governor General announced to set up a separate Constituent Assembly for Pakistan.
(3)
Preamble of Indian Constitution
* The ‘Objective Resolution’, Proposed by Pandit Nehru and passed by the constituent Assembly,
ultimately became the Preamble to the constitution of India.
* The Constitution (42nd Amendment ) Act, 1976 amended the preamble and added the words ‘Socialist’
Secular and Integrity to the Preamble.
* The preamble after the 42nd Amendment Act is as follows-
We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN,
SOCIALIST SECULAR DEMOCRATIC REPOBLIC and to secure to all its citizens:
JUSTICE, social, economic and political:
LIBERTY of thought, expression, belief, faith and worship:
EQUALITY of status and of opportunity:
FRATIERNITY assuring the dignity of individual and the unity and inlegrity of the Nation;
IN OUR CONSTITUENT ASSEBLY this twenty –sixth day of November, 1949, do HERE BY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Main things/feature of Preamble-
* The Preamble of the constitution is said to be ‘key to the constitution’
* According to Preamble all the Power under constitution are vested in the People.
* Words in Preamble- “ WE, THE PEOPLE OF INDIA……” ‘Adopt, Enact & give to ourselves this
constitution’ shows the supreme sovereignity of the people of India.
* The word ‘Sovereign’ emphasizes that there is no authority outside India on which the country is in any
way depends on .
* By the word ‘Socialist’, in the constitution means the achievement of ‘Socialistic Pattern of society’
through Democratic means
* Word secular represents the age odd Indian Principle of “ Sarva Dharma Samabhava”
* The preamble cannot be enforced in any court as per the decision given in the case union of Indian Vs
Madan Gopal (1957),
(4)
Schedules of the Indian constitution
* Ist Schedule – List of states and union territories.
• Delhi became the National Capital Region through the constitution (69th Amendment) Act.
• The are 28 states and 7 union territories
* Second Schedule- provisions related to salary, emoluments and other Conditions relatedto certain
Constitutional offices, e’g. President, Governors, speaker of Lok Sabha, Deputy speaker of Lok Sabha,
Chairman and vice chairman of Rajya Sabha, speaker and deputy speaker of legislative assembly,
chairman & vice chairman of legislative council, Judges of Supreme court and high courts CAG etc are
given.
* Third schedule- Forms of oath and affirmation of officials like President, Vice-president , Ministers,
judges of the Supreme court and High courts are mentioned.
* Fourth Schedule- Allocation of seats in the council for different states and union territories.
* Fifth- Provision for the administration and control of Scheduled areas and scheduled tribe.
* Sixth Schedule- Provisions as to the administration of tribal areas in the states of Assam, Meghalaya,
Tripura and Mizoram.
* Seventh Schedule- Division of powers between the union and states in terms of 3 lists (union list, state
list and concurrent list) is mentioned under this schedule.
• Union List- Subjects under this list are governed by central Government. There were 96 subjects in this
list At the time of enforcement of constitution but at present 98 subjects are in the list.
• State list- Subjects in this list are governed by state governments. There are 62 subjects in this list at
present.
• Concurrent list- Subjects under this list can be governed by both central as well as state Government but
in case of conflict between the union and the state laws on concurrent subjects, the union law shall be
prevail.
-There were 47 subjects in this list at the time of enforcement of the constitution but now their numbers
Are increased to 52.
-Provision of concurrent list is not applicable for J &K .
* Eighth Schedule- 22 Indian language are mentioned in this schedule. Originally 14 languages were in
this schedule but in 1967 Sindhi, in 1992 konkani, Manipuli and Nepali, and in 2003 Bodo, Dogri,
Mathilli & Santhali languages are added to the schedule.
* Ninth Schedule- This schedule is added to constitution through the Constitution ( First Amendment)
Act, 1951.
• Under this schedule, the provision for acquisition of property by state is given.
• Subjects mentioned in this schedule cannot be challenged in the court.
• At present, 284 Acts are in this schedule.
• A constitutional bench gave a verdict on 11th January 2007 that any law mentioned in the ninth schedule
cannot be challenged on the basis of that it violets the Fundamental Rights and the Supreme court can
review these laws.
* Theth Schedule: It is added through Constitution (52nd Amendment ) Act, 1985
• It deals with Provisions as to disqualification on ground of defection (Anti-defection Provisions)
* Eleventh Schedule: This schedule is added to the Constitution through the constitution (73rd
Amendment) Act, 1993.
• 29 Subjects for Punchayati Raj Institutions (Under Article 243G) are mentioned
* Twelth Schedule: It is added to the constitution through the constitution (74th Amendment) Act, 1993.
• 18 Subjects are mentioned under this Schedule for the Municipalities.
5
Different Sources of Indian Constitution
Although the skeleton of the constitution was derived from the Government of India Act, 1935, many
Provisions were imported from other constitutions of the world. Some of them are listed below:
* Government of India Act, 1935:
• Federal System
• Office of Governor,
• Power of federal Judiciary,
• Emergy Powers etc.
*United States of America:
• Fundamental Right
• Power of Judicial review and independence of the Judiciary.
• Supremacy of Constitution.
• Elected president and Impeachment procedures
• Procedure to remove the Judges of supreme court and High court.
• Financial Emergency.
*Britain:
• Parliamentary system of Government
• Single citizenship system
• The idea of the Rule of Low
• Law making Procedure
• Institution of speaker & his role
*Ireland:
• Directive principle of state policy
• Electoral system.
• Emergency provisims.
• Nominations of members to the Rajya Sabha from different fields like literature, Art, scionce, Social
works, etc, by President
*Australian constitution:
• Language of Preamble
• Provisions of concurrent list
• Centre state Relations and division of Power
• Power of the national legislature to make laws for implementing treaties, even on matters outside
normal federal jurisdiction.
*German constitution / Weimar constitution.
• Emergency power of president or emergency provisions under article 352.
* Canadian Constitution:
• A federal system with strong central government
• The idea of residual powers
* South Africa:
• The idea of constitutional amendment
* Russia:
• Provision of Fundamental duties
* Japanese Constitution
• Fundamental duties under article 51 A.
6
The Union and Its Territories
India is a union of states. At present there are 28 states and 7 Union Territories in India.
Article-1:
• India, that is Bharat, shall be a union of states.
• The states and territories thereof shall be as specified in the first schedule.
• The territory of India shall comprise-
(a) The territories of the states;
(b) The union territories specified in the first schedule; and
(c) Such other territories as may be acquired.
Article-2: Parliament may by law admit into the union, or establish, new state on such terms and
conditions as it thinks fit.
Article-3: Parliament may by law-
(a) Form a new state by separation of territory from any state or by uniting two or more states parts of
states of by uniting any territory to a part of any state;
(b) Increase the area of any state;
(c) Diminish the area of any state;
(d) Alter the boundaries of any state;
(e) Alter the name of any state.
Merger of Princely states in India
* A ministry of princely states was up to merge the princely states under the leadership of vallabhbhai
patel.
* Junagadh on the basis of referendum, Hydrabad by force and Jammu & Kashmir by signing are merged
with India.
* A four member Commission was set up by President Dr Rajendra Prasad to check the appropriateness
of states reorganization on Linguistic basis under the chairmanship of a retired Judge of Allahabad High
Court, S.K. Dhar.
* This commission opposed the state reorganization on linguistic basis and favoured state reorganization
on the basis of administrative convenience.
* The Telugu speaking people of madras state started a movement under the leadership of Poli Sri
Ramullu after the Nehru, Patel and sita Ramaiya committee Report (J.V.P committee).
* Andhra Pradesh was the first state to be created on Linguistic basis on Ist October 1953.
* Fazal Ali was the chairman of state Reorganization commission and its other member were Hardayanath
Kunzru and Sardar K.M. Panikkar.
* State Reorganization Act was Passed in July 1956. 14 states and 6 Union territories were formed as per
the Act.
* French government handed over its all territories, namely Pondicherry, Yamen, chandranagar and
karikal, to India in November 1954.
* On 28th March 1956 a treaty was signed regarding this matter, There after, Pondicherry union
Territory was formed coalescencing all these territories.
* On Ist May 1960, two states, Maharashtra and Gujarat, were created from Mumbai Province to control
the struggle between Marathi speaking and Gujarati Speaking people.
* Due to Naga Movement, Assam was divided and a new state Nagaland was created on 1st Dec 1963.
* Punjab was divided and 2 separate states Punjab and Haryana, were created on 1st November, 1966.
* Himachal Pradesh got complete status of a state on 25th January, 1971.
* On 21st January 1972, Manipur, Tripure and Meghalaya got the stats of a full-fledged state.
* Sikkim became the 22nd State of India on 26th April 1975
* Mizoram and Arunachal Pradesh got the stats of complete state on 20th February 1987
* Goa was made 25th Sate of India on 30th may 1987.
* On 1st November 2000, Chhattisgarh was created as 26th states of India.
* Uttarakhand was created on 9th November 2000.
* Jharkhand became 28th state on 15th November 2000
Regional Council
* Five Regional councils are there in India. They are constituted by President, and any central Minister
nominated by president or Home Minister is the President of Regional Council.
* Five regional council and related stated.
-Northern Regional Council – Punjab, Haryana, Rajasthan, J & k Himachal Pradesh, and Union Territories
of Delhi and Chandigarh.
- Central Regional Council –Uttar Pradesh, M.P, Uttarakhand and Chhattishgarh.
- Eastern Regional Council- Bihar, W. Bengal, Orissa, Jharkhand, Assam, Manipur, Tripura, Meghalaya,
Nagaland, Arunachal Pradesh, and Meghalaya.
- Western Regional Council- Gujarat, Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haweli (U.T)
- Southern Regional Council – Andhra Pradesh, kerala, Karnataka, Tamil Nadu, and Union Territory of
Pondherry.
7
CITIZENSHIP AND FUNDAMENTAL RIGHTS
• Provision of Single Citizenship i.e the citizenship of India, is Prevalent in India.
• According to Indian Citizenship Act, 1955, the Indian citizenship can be acquired by following
Modes given below-
By Birth – Every person born in India on or after January 26, 1950 shall be citizen of India by law of soil
(Jus soil), Provided either of his parent are citizens of India at the time of his or her birth.
Exception: Children of Foreigners and Ambassador
By Desent- A person born outside India on or after January 26, 1950 is a citizen of India by decent if either
Of his Parents are citizen of India at the time of his birth.
By Naturalization: A foreigner can acquire citizenship of India by applying before a compelent authority
provided he/she had lived in India for at least 10 years.
Citizenship By Registration : Following person can aquire the citizenship of India by registration-
• A person who is not a citizen of India but he/she has been living in India for at least five years prior to
applying for registration.
• Indians who were living outside India before partition.
• Woman who have married with an Indian.
• Citizens of Commonwealth Nations who live in India or working under Govt. of India.
Citizenship by incorporation of territory- If any new territory becomes a part of India, after a popular
verdict, the Government of India may notify the person of that territory to be citizen of India.
Overseas Indian Citizenship (OCI)
Parliament passed the citizenship (Amendment) Act, 2005 on December, 2005 providing for grant
overseas citizenship of India (OCI) to persons of Indian origin (PIO) from all countries of the world
except those from Pakistan and Bangladesh.
Fundamental Rights
* Fundamental Right are mentioned in part-III (Article 12 to 35) of India constitution.
* Fundamental Right can be amended. During National Emergency (under Article 352), Constitution of
India provides for automatic suspension of all Fundamental rights except article 20 & 21.
* Article 31 (Right to Property) is repealed through the constitution (44th Amendment) Act, 1979 and
added to constitution as constitutional right under article 300A
* Six fundamental rights are given to Indian citizens under article 14 to 32.
• I Right to Equality (Article 14-18)
• II Right to Freedom (Article 19-22)
• III Right to against Exploitation (Arts 23-24)
• IV Right to Freedom of Religion (Arts 25-28)
• V Cultural and Educational right (Arts 29-30)
• VI Right to Constitutional Remedies (Art 32)
* Art 14-Equality before law.
It means that the state shall not deny to any Person equality before the law or equal Protection of the laws
within the territory.
Art.15- Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
This Art. direct the state not to discriminate against a citizen on grounds only of race, caste, sex place of
birth etc.
Art. 16- Equality of opportunity in matters of Public employment. There shall be equality for all citizen in
matters relating to employment or appointment in any office under the state.
Exceptions- Scheduled caste, Scheduled Tribe and other backward classes.
Art 17. Abolition of untouchability
• This Article forbids the practice of untauchabiltiy in any form. But the constitution does not prescribe any
Punishment under this article. The Parliament enacted the Untauchabitlity (offences) Act; 1955; which
prescribes Punishment for the Practice of untauchability.
Art 18- Abolition of titles
‘No title, not being a military or academic distinction, shall be conferred by the state, ‘No citizen of India
shall accept any title from any foreign state’
Right to Freedom (Art 19-22)
Art.19- Freedom of speech
- to assemble peacefully and without arms.
- to form associations or unions
- to move freely throughout the territory of India.
- to reside and settle in any party of the territory of India except Jammu & Kashmir.
- to property (removed by the 44th constitution Amendment, 1978 and transferred to art. 300A)
- to Practise any profession, or to carry on any occupation, trade or business.
The six basic freedoms prescribed in Art. 19 are not absolute.The state can impose reasonable
restrictions.
Art. 20- Protection in Respect of conviction for offences
• The Article provides protection in three cases.
a- Protection against ‘Double Jeopardy’; this means that an individual cannot be punished twice for the
same offence.
b- Protection against ‘Ex-post- Facto legislature’ This means enacting a law and giving it a retrospective
(i.e from a previous date/year) effect.
c- Protection against ‘ self incrimination’ ie no Person accused of any offence shall be compelled to be
witness against himself.
Art. 21. Protection of life and Personal liberty.
• No person shall be deprived of his life or personal liberty except according to procedure established by
Law
Art. 21(A)- The state shall provide free and compulsory education to all children of the age of six to
forteen years in such menner as the state may, by law, determine. This new article has been added by the
constitution (86th Amendment ) Act, 2002.
Art.22. Protection against arrest and detection in certain cases
Three freedoms are provided for the protection of rights of such persons detained/arrested under
preventive detention of Law.
- The detained person must be informed about the reason of his arrest, as soon as possible.
- The detained or arrested person must be produced before the nearest magistrate within 24 hours of
arrest (excluding the holidays and time taken during journey)
- He must not be denied the right to consult and to be defended by a lawyer of his choice.
Right against Exploitation (Art 23-24)
Art23- prohibition of traffic in human beings and forced labour.
- Traffic in human beings and begar and other similar forms of forced labour are prohibited and any
contravention of these provision shall be an offence punishable in accordance with law;
Art.24. Prohibition of employment of children in factories etc.
- No child below the age of fourteen year shall be employed to work in any factory or mine or engaged in
any other hazardous place.
- This provision is in the interest of Public health and safety of the lives of children.
Right to Freedom of Religion (Art 25-28)
Art25- Freedom of conscience, Profess, Practice and Propagation of religion.
• A Person can Profess and Propagate any religion
Art26- Freedom to manage religious affairs,
• Every person have right to establish and maintain institutions for religious purposes, to manage its own
affairs in matters of religion, and to own and ecquire property in accordance with low for religions
purpose.
Art27- Freedom as to Payment of taxes for promotion of any Particular religion-
• No Person shall be compelled to pay any taxes, the proceeds of which are specially appropriated in
payment of expenses for the promotion or maintenance of any particular of religions denomination.
Art28- No religious instruction shall be provided in any educational institution wholly maintained out of
state funds.
Cultural and educational Rights (Art 29-30)
Art29- Protection of interest of minorities
• Any section the citizens residing in the territory of India or any part thereof having a distinct language,
script or cultural of its own shall have the right to conserve the same.
• No citizen shall be denied admission into any educational institution maintained by the state or receiving
aid out of state fund on grounds only of religion, race, caste, language or any of them.
Art 30- Right of minorities to establish and administer educational institutions.
All minorities, whether based on relion or language, shall have the right to estastish and administer
educational institution of their choice and the state shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it is under the management of a
minority.
Right to constitutional Remedies
Art.32- DR. B.R Ambedkar called this article as “ the Fundamental of the fundamental rights” and “ the
heart and soul” of the constitution.
• To enforce the Fundamental Rights, the Supreme Court is empowered under Art. 32 to issue writs of
various forms. The five forms of writs are as follows:
* Habeas corpus- This kind of writ is issed to protect personal liberty of an individual against the arbitrary
action of both the state and private individuals.
• It is in the nature of an arder calling upon the authority/person to produced the detained perfore the court
within prescribed time.
* Mandamus: This kind of writ is issed against a public authority or a public officer and inferior courts
for purpose of enforcing legal rights only.
* Prohibition : This kind of writ is issed by the higer judicial courts (SC and HC) to the lower courts or
quase-judicial bodies (Tribunals, etc) when the letter exceed their Judicial authority.
* Certiorari: It is similar to Prohibition. The only difference is that this writ is issued to quash the order
of a lower court or the decision of a tribunal in excess of its jurisdiction.
• The purpose of this writ is to secure that the jurisdiction of an inferior court or tribunal is properly
exercised and that it does not usurp the Jurisdiction it does possess. While writ of Prohibition issued
before an act is performed, whit of certiorari is issued only after the act is already done.
* Quo-warranto: This kind of writ is issed to ensure that the person holding a public office is qualified
to hold the office.
• For the issuance of writ of quo warranto the office in question must be a public one.
Amendment to Fundament Right
• Golaknath vs. State of Punjab (1967)- In this case , the Supreme court overruled its earlier decision and
held that the Fundamental Rights has been given a ‘Transcendental position’ by the constitution and no
authority Including the Parliament, through its amending power under Art. 368. was competent to amend
the Fundamental rights.
• The Supreme Court in Kesavananda Bharti Vs. State of kerala (1973) overruled its earliar verdict in the
Golaknath’s case and court in this case held that parliament can amend any provisions of the constitution
Including Fundamental Rights by exercising its amending power under Art. 368.
• Supreme Court in the Minerva mills vs Union of India case held that SC has right of Judicial review and
court can review any of the amendment made by the Parliament.
8
Directive principles of State Policy
(Article 36-51)
* Part IV of the constitution of India (Art 36-51) cantains the Directive Principles of state policy. This
novel feature of the constitution has been adopted from the constitution of Ireland.
* Directive principles are not Justiceable but are fundamental to the governance of the country , and the
state has the duty to apply these principles in making lows.
* These Divective principles are as Follows-
• Art.38. –The state shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and Political, shall inform all the
instructions of the national life.
Art.39 (a) – Equal justice and free legal aid.
Art. 39(b)- Ownership and control of the material resources of the community are so distributed as but to
subserve the common good.
Art.39(c)- Equal distribution of money/ economic resources.
Art.40. Organization of village Panchayat.
Art.43. Living Wage for workers and promotion of cottage industry.
Art.44. Unioform civil code for the citizens.
Art. 48. Organization of agriculture and animal husbandry.
Art. 50. Separation of Judiciary from executive.
Art.51. Promotion of international peace and security.
• Directive principles under Art. 38, 39, 39(a), 39(b), 39(c), 39(d), 39(e), 41, 42, 43(a), 45 are called as
Socialist principles.
• Directive Principles under Art. 40, 46, 45, 48, 47, 43 are called the Gandhian principles.
• The western liberal Principles are given under Art. 44, 45, 50, 51, 49.
Difference between Fundamental Rights and Directive Principles of state Policy-
Fundamental Rights:
• The feature of the Constitution has been adopted form the constitution of United stated of America.
• These are mentioned in the IIIrd part of the constitution
• They are Justiceable
• These rights are guaranteed by the constitution.
Directive Principles of state Policy
• This feature has been adopted from the constitutions of Ireland.
• These are mentionet in part IV of the constitution
• These rights cannot be enforced through courts unless the state has made law in this regard.
9
Fundamental Duties
• Fundamental Duties are added to the constitution (42nd Amendment) Act, 1976 on the recommendations
of Sardar Swarn Singh Committee.
• These Duties are mentioned in Part IV (A) Under Article 51 (A) of our constitution.
• This novel feature of the constitution has been adopted from the constitution of Russia.
• There are eleven fundamental dulies, and it shall be the duty of every citizen of India-
(a) to abide by and respect the constitution, the National Flag, and the National Anthem.
(b) to cherish and fallow the noble ideals of the freedom struggle.
(c) to uphold and protect the sovereighty, Unity and integrity of India.
(d) to defend the country and render national service when called upon to do so.
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to Protect and improve the natural environment including forests, laks, rives and wild life , and to
have compassion for living creatures.
(h) to develop scientific, temper, humanism and the spirit of inquiry and reform.
(i) to safeguard Public property and abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises top higher levels of endeavour and achievement.
(k) Who is a parent or guardian to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years.
* A list of ten fundamental duties was included in the constitution by the 42nd Amendment Act, 1976 in
the form of Article 51 (A) but subsequently one more duty has been added by constitution (86th
Amendment) Act, 2002 in the form of 51 A (k).
10
THE UNION EXECUTIVE
(Article 52-70)
• All the executive porvers of union of the India are vested in the President.
• India adopted the Parliamentary system of government Hence the president is the formal head or nominal
head of the state while the real executive power lies with the council of ministers headed by a Prime
Minister, which is collectively responsible the Lok Sabh.
* The President
• He is the constitutional head of India.
• The President of India is said to be the first citizen of India.
• He is also the Supreme commander of the Armed forces.
Qualifications for the office of the president-
- He must a citizen of India
- He must have completed 35 years of age.
- He must be qualified to be a member of the Lok Sabha.
- He must not hold any office of Profit under the Government of any state or under any local or other
authority .
= However, following persons are not deemed to be holding any office of profit and hence they cannot be
disqualified for election as the president:
-A sitting president or vice president of India
-Governor of any state
- a minister of the union or of any state.
* Electoral college of the president
• The elected member of both Houses of Parliament, and
• Elected members of Legislative Assemblies of the states.
• As per the constitution (70th Amendment) Act, 1992, the elected member of legislative Assemblies of
the National capital Territory of Delhi and Union territory of Pudduchery also included.
• He is elected following the system of proportional representation by means of single transferable vote.
• A person can be elected as the President of India any number of times.
• As far as the disputes relating to the election of the president are concerned, only Supreme Court has the
jurisdiction.
• The President shall hold office for a term of 5 years from the date on which he enters upon his office.
• The outgoing president should remain in office till his successor is able to assume the charge.
• President, before entering upon his office, make and subscribe in the presence of the chief Justice of India
or in his absence, the senior most Judge of the Supreme court available, an oath or affirmation.
• The President can resign from his office at any time by-
- Seneling his resignation letter to the vice –President or.
- Through impeachment (Under Art.56 and 61). He can be removed from his office only for the violation of
the constitution through procedure of Impeachment.
* Impeachment against President:
• The president of India can be removed from his office by the process of impeachment only for the
violation of the constitution and the impeachment procedure can be initiated in either house of
Parliament. But, prior to this, a fourteen days notice must be given to the president which must be signed
by at least one-fourth of the total membership of the House.
• Such a resolution must be passed by a majority of (Not less than 2/3rd ) of the total membership of the
House where the resolution was initiated. Then the other House of the Parliament called the investigation
House- sets up a committee to investigate the charges against the president. If the second House also
passes the resolution by a majority not less than 2/3rd majority of the total membership of the House, the
president stands impeached.
• If vacancy arises other than by expiry of the term an election to fill the vacancy must be held within sex
months from the date of occurrence of the vacancy.
• The presidential Election is to be held and completed before the expiration of the term of the outgoing
President.
• At present, the president receives a salary of rupees 150000 per month.
• The president’s salary is free from taxation.
• President gets free residence and other allowances and Privileges as determined by parliament by law.
• Salary and allowances of president cannot be reduced during his term of office.
• He gets a pension of Rs …9 lacs…..annually.
Powers of the President
Administrative power- The President makes the following appointment-
• Prime minister of India & on his advice other ministers
• The Judge of the Supreme court and the High courts.
• The Comptnller and Auditor General of India
• Governor of a state or the Lt. Governor or Commissioner of Union Territory.
• The Chief election commissioner and the other members of the election commission.
• The Attorney General of India
• The member of Finance commission.
• The member of the Union Public service commission.
Legislation Power
• The President summons the Houses of Parliament, prorogues either House and dissolves the Lok Sabha.
• He addresses the Houses of parliament separately or Jointly.
• The President addresses both Houses of Parliament assembled together, at the first session after each
general election to the Lok Sabha and at the Commencement of the first session of each year.
• Every Bill, to become an Act, must receive president’s assent.
• Certain Bills require prior approval of the President for introduction in the Parliament. These ar-
-Bill for the formation of new states or for alteration of boundaries of a state.
- Money Bill (Art. 117(1))
-A Bill which would involve expenditure from the consolidated Fund of India.
- He nominates 12 member to the Rajya Sabha and 2 members of the Anglo –Indian Community to the Lok
Sabha.
Ordinance –Making Power
• The most important power of the president is perhaps to promulgate ordinance under Aricle 123 which
have the same force and effect as an Act of Parliament
• Such an ordinance must received Parliamentary approval within six weeks of the next sitting of the
parliament, otherwise it shall become invalid.
• The president cannot issue an ordinance on the subject listed under the state list. He also cannot issue
ordinance when both the House are in session.
Military power:
• However, the president is the supreme commander of the Armed Forces of India but the parliament, by
law, can regulate this power.
Diplomatic Power:
• All the treaties and international agreements are negotiated and concluded in the name of the
President. The President sends and receives diplomatic reprentative and ambassadors.
Judicial Power:
• The President has power to grant pardon, reprieve, respite, remission of punishment, or can commute the
Sentence of an accused person under Article 72.
Emergency Power
• The provisions related to emergency are mentioned in part XVIII under Article 352 to 360 of the Indian
constitution. The president can impose three kind of emergency in the country on the recommendation of
cabinet under these circumstances.
• On ground of security of threat to India by war, external aggression of armed rebellion. This is
called National Emergency under Art. 352.
• On ground of failure of constitutional machinery in a state or states under Art. 356. This is called
imposition of president’s rule.
• On ground of serious financial instability or threat to the credit of India or any part thereof. This is called
‘financial emergency (Art 360) [ Minimum period is 2 month]
• The Indian constitution does not prescribe any time limit within which the president must either return for
reconsideration or give his assent or refuse his assent. As art. 111 says that the president give his assent
or refuse his assent as soon as possible. So president can use this is as a kind of pocket veto by simply
keeping the bill on his shelf for an indefinite period.
-Example of veto power is postal bill, 1986 when then President Jnani Jail Singh did not take decision.
* Dr. Rajendra Prasad was the first president of India.
* He was elected as president consecutively for two term.
* Dr.S. Radhakrishan was elected vice President consecutively for 2 terms and once president
• Only in the election of v.v. Giri as President , the second round counting was needed.
• Only Sanjeev Reddy is such president who lost first election but elected unanimously for second time.
• Mrs. Lakshmi sahgal was the first lady candidate who fought election of presidentship but Mrs.
Pratibaha Patil is first lady to be elected as President of India.
Vice –president
* Article 63 states that there shall be a vice President of India.
* The provision related to the office of vice president has been taken from the constitution of America.
* Since vice president is not a member of Rajya Sabhas, he has no right to vote in the House but he can
to caste cast a decisive vote.
* No person shall be eligible for election as vice president , unless he-
- is a citizen of India
- has completed the age of thirty five years.
- is qualified for election as a member of the council of states.
- He must not hold any office of profit under the Govt. of any state or under any local or other authority at
the time of election.
- In case a member of parliament or legislative assembly of any state is elected as vice-president, he shall
be deemed to have vacated his seat in the House to which he belongs.
- Before entering into office he takes oath in the presence of the President.
- If any vacancy occurs in the office of the president, vice-president acts as president until a new president
is elected and enters upon his office.
- The maximum period for vice-president to act as president is 6 month.
- Discharging the functions of president , the vice president shall have all powers and immunity as of
the president and entitled to such emoluments, allowance and privileges of the President.
Presidents of India
Name Tenure
1. Dr. Rajendra Prasad (1884-1963) 26th Jan, 1950-13 th May,1962
2.Dr.S.Radharishnan (1888-1975) 13 th May, 1962-13 th May,1976
3.Dr. Zakir Hussain (1897-1969) 13 th May, 1967-3rd May, 1969
4.Sri. V.V.Giri(1894-1980) 24 th Aug, 1969-24 th Aug, 1974
5.Dr. Fakhruddin Ali Ahmad (1905-1977) 24 th Aug, 1974-11 th Feb, 1977
6.Sri. N. Sanjeeva Reddy (1913-1996) 25 th July, 1977-25 th July, 1982
7.Giani Zail Sing (1916-1994) 25 th July, 1982-25 th July, 1987
8.Sri R. Vendataraman (1910-2009) 25 th July, 1987-25 th July, 1992
9.Dr. Shankar Dayal Sharma (1918-1999) 25 th July, 1992-25 th July,1997
10. Sri. R.K.Narayan (1920-2005) 25 th July, 1997-25 th July, 2002
11. Dr. A.P.J. Abdul kalam (b.1931) 25 th July, 2000-25 th July, 2007
12. Smt. Pratibha Devi Sing Patil (b.1934) 25 th July, 2007-till date.
The Prime Minister and the Council of Ministers
• Art.74 says, “There shall be council of Ministers with the Prime minister at the head to aid and advise the
president who shall, in the exercise of his functions, act in accordance with such advice”
• According to Article 75, the Prime Minister shall be appointed by the president and other ministers shall
be appointed by the president on the advice of the Prime Minister .
* If a No-confidence Motion is passed against any minister in Lok Sabh, the entire council of Ministers is
obliged to resign.
* Three categories of Ministers are – Cabinet Ministers, Ministers of States and Deputy Ministers.
* The cabinet minister are the head of the conashed department.
* The Prime Minister and Cabinet Minister together form the council of ministers.
* The president dissolve the Lok Sabha on the advice of Prime Minister.
* Prime Minister is the chairman of planning commission.
* Jawaharlal Nehru, the first Prime minister of India remained as Prime Minister for longest period of
time.
* First woman Prime Minister of India was Indira Gandhi. He became the prime Minister for two terms
separately.
* When Indira Ganhi was elected Prime Minsiter first time, she was the member of the Rajya Sabha.
* Chaudhary Charan Singh was the only Prime Minister who never entered into Lok Saha during his term.
* Vishvanath Pratap Singh was the first Prime Minister to lose the confidence Motion.
* The shortest period of term as Prime Minister was Atal Bihari Vajapaye (Only 13 days)
* Jagjivan Ram Remained cabinet Minister for almost 32 days which is the longest period as cabinet
minister.
The Union legislature
(The Parliament)
• The Parliament of India Consists of the president, the Rajya Sabha (Counial of States). and Lok Sabha
(The House of People)
• The Rajya Sabha is called the Upper House and Lok Sabha is called Lower House of the Parliament.
Rajya Sabha:
-The maximum strength of Rajya Sabha is 250.
-At present, the strength of Rajya is 245, of which 233 are elected and 12 are nominated. The members to
be nominated by the President are persons having special knowledge or practical experience in respect of
such matters as the following, namely literature, science, art and social service. The elected members are
the representative of the states and of the Union Territories.
- The minimum age to be a member of Rajya Sabha is 30 years.
- Person must be a registered voter in the State or Union Territory from where he is indented to be chosen
as the member of Rajya Sabha.
- Rajya Sabha is a permanent body and not subject to dissolution. Its members are elected & nominated for
a Period of 6 years. Two third of its members retire after every 2 years.
Representation of States and Union Territories in the Rajya Sabha
State No.
1. Andhra Pradesh 18
2. Assam 7
3. Goa 1
4. Haryana 5
5. Jammu & Kashmir 4
6. Maharashtra 19
7. Meghalaya 1
8. Rajasthan 10
9. Tamil Nadu 18
10.West Bengal 16
11. Mizoram 1
12. Jharkhand 6
13. Uttar Pradesh 31
14. Bihar 16
15. Chhattisgarh 5
16. Gujarat 11
17. Himachal Pradesh 3
18. Karnataka 12
19. Madhya Pradesh 11
20. Manipur 1
21. Nagaland 1
22. Punjab 7
23. Orissa 10
24. Sikkim 1
25. Tripura 1
26. Arunachal Pradesh 1
27. Uttarakhand 3
Union Territories
Delhi 3
Puduchery 1
- The Deputy chairman is elected by the Rajya Sabha from amongst its members for six years.
- Under Art. 249, the Rajya Sabha is empowered to declare by a resolution, supported by not less than
Two– thirds of the members Present and voting, that parliament should make laws with respect of any
matter enumerated in the State list.
- Art. 312 empowers the Rajya Sabha to declare by a resolution, supported by not less than two
Thirds of the member present and voting, that parliament should create one or more All India services.
Lok Sabya cannot initiate the process.
- In case of Money Bill, the Rajya Sabya has the right only to make recommendations and the Lok Sbha
may or may not accept the recommendations. A money Bill must be passed y the Rajya Sabha within a
period of 14 days.
- Otherwise, the Bill shall be automatically deemed to be passed by the House.
- The Rajya Sabha cannot reject the money Bill and it also cannot make any amendment in the Bill.
- The President
- There should not be a gap of more than six months between two consecutive sittings.
-Rajya Sabha was constituted first time on 3rd Aughst, 1952.
-There is no representative in Rajya Sabha from-
• Andaman and Nicobar Islands
• Chandigarh
• Dadra & Nagar Haveli
• Daman & Diu
• Lakshadwip
Lok Sabha-
* The Lok Sabha is the Lower House of the Parliament and the Speaker is the presiding officer of it.
* Lok Sabha, after its general election in first meeting, choose two members of the House to be Speaker
and Deputy Speaker respectively.
* Originally, the strength of the Lok Sabha in the constitution was 500.
* Now, the maximum strength of the Lok Sabha cannot be more than 552(530 form she states, 20 from
the union Territories and 2 may be nominated from Anglo –Indian community).
* The government has fixed this strength of the Lok Sabha till 2026 through the constitution
(84thAmendment ) Act, 2001.
* The President can nominate maximum two member from Anglo-Indian community to Lok Sabha.
* At present the strength of Lok Sabha is 545 of which 530 are elected from 28 states, 13 are from 7 Union
Territories and 2 are nominated by the president from Anglo – Indian - community.
* Lok Sabha members are chosen by direct election.
* By the constitution (61st Amendment) Act, 1989, the eighteen years old person is considered as adult.
* Qualifications for the membership of Lok Sabha. He must-
- be a citizen of India
- be not less than 25 years of age
- be a registered voter in any of the Parliamentary constituencies in India.
- Should not hold any office of profit.
* The normal tenure of the Lok Sabha is five years. The council of ministers are collectively responsible to
The Lok Sabha (Art 75c3)
* The tenure of the Lok Sabha can be extended by the parliament beyond the five year term during the
period of National emergency proclaimed under art 352. But this extension is for a period of not more
than one year at a time.
* In 1976, the tenure of Lok Sabha was extended for one year for two times separately.
* The Quorum (in parliament) is the minimum required attendance to conduct a meeting . It is one tenth
(1/10th ) of the total strength of the House.
* The Joint sitting of the Parliament is convened by the president and is president over by the speaker or,
in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Chairman or in his
absence the Deputy chairman of the Rajya Sabha. In any of the above officers are not present then any
other member of the Parliament can President by consensus of both the Houses.
* In case of Money bill, the Lok Sabha enjoys exclusive legislative jurisdiction over the passage of the
money Bill. There is no provision for joint sitting in this regard.
* Also , there is no provision for joint sitting to pass constitution Amendment Bills.
* Constitution Amendment Bill must be passed by each House separately.
OFFICIALS OF PARLIAMENT:
Speaker and deputy Speaker-
* According to article 93, the two officers Speaker and Deputy speaker, are elected from amongst the
members of the House after a new Lok Sabha is constituted.
* The Speaker hands over his resignation to Deputy Speaker and Deputy speaker of the Lok sabha.
* The Speaker takes oath as an ordinary member of Lok Sabha not as the speaker of the Lok Sabha.
* The Speaker and deputy Speaker may be removed from their offices by a resolution passed by the House
by an effective majority of the House after a prior notice of 14 days to them.
* In the absence of the Speaker, the Deputy Speaker perfors the Speaker’s duties.
Duties and Powers of the Speaker
* To accept the question from the members of the House.
* Adjournment motion regarding any subject is presented by the members of the House with the
permission of the Speaker.
* The parliament permits members to speech and it also decide time and serial of the speechs.
* He manage the correspondence between the president and the Parliament.
* He certifies a Bill as money bill or not.
* Leader of Opposition in the House get a salary for the consolidated fund of India and also enjoys others
privileges like cabinet minister.
* The first Lok Sabha was Constituted on 6 may , 1952.
* Ganesh Vasudeo Mavalankar was first speaker of free India.
* Sri Anantashayanam was the first Deputy Speaker of India. Representation of the different states and
UTs in Lok Sabha.
Parliamentary Constituencies in States and UTs
State No
Uttar Pradesh 80
Maharashtra 48
Madhya Pradesh 29
Karnataka 28
Rajasthan 25
Kerala 20
Haryana 10
Himachal Pradesh 4
Manipur 2
West Bengal 42
Mizoram 1
Goa 2
Uttarakhand 5
Bihar 40
Andhra Pradesh 42
Tamil Nadu 39
Gujarat 26
Orissa 21
Assam 14
Meghalaya 2
Sikkim 1
Arunachal Pradesh 2
Chhattisgarh 11
Jharkhand 14
Nagaland 1
Union Territories No
Delhi 7
Chandigarh 1
Andaman & Nicobar 1
Daman &Dir 1
Pudduchery 1
Dadra & Nagar Haweli 1
Lakshadweep 1
Consolidated Fund of India (Art 266(1))
Charged expenditures from consolidated of India is as follows-
* The salary & allowances of the president and other expenses related to presidents offices are charged
upon consolidated Fund of India (C F I )
* The salary and allowances of chairman and Deputy chairman of the Rajaya Sabha, and of Speaker and
deputy Speaker of Lok Sabha are charged upon the Consolidated Fund of India.
* Salary, allowances and Pension of the Judges of the Supreme court.
* Pension of the Judges of the High Courts.
* Salary, Allowances and Pension of CAG (Comptroller and Auditor General of India)
* Loans of the govt. of India.
Contingency Fund of India: (Art. 267)
* Article 267 of the constitution empowers Parliament and the legislature of State to create a contingency
Fund.
* As per the provision, the contingency Fund of India was created by an Act of Parliament in 1950.
* The fund is placed at the disposal of the president to meet any unforeseen expenditure. Attorney General
of India (Art.76)
* He is the first5 law officer of the Government of India.
* He renders legal advice to the government of India.
* Although he is not a member of either House of parliament, he enjoy the right to attend and speak in the
Parliamentary deliberations and meetings ( of both Lok Sabha & Rajya Sabha), but without a right to
vote (Art 88)
* He is appointed by the president and serves as Attorney general as long as he enjoys the pleasure of the
president.
* A person, who is qualified to be appointed a judge of the supreme Court, is qualified to be appointed as
Attorney General of India.
* He (Attorney General) has right of audience in all courts of India, even in in-camera Proceedings while
performing his official duties.
Comptroller and Auditor General of India (CAG)
* He is appointed by the president but he can removed only on an address from both Hoses of Parliament
on the grounds of proved misbehavior and incapacity in a manner a judge of the supreme Court is
remebed.
* He is appointed for a full term of 6 year or till the attainment of 65 years age, whichever is earlier.
* He is not eligible for any further appointment either under the Union of the state after his retirement
* He is the custodian of the Public purse, contoling the entire financial system of the country the union of
the states.
* He ensures that all expenditures from the cons dated fund of India or States are in accordance with the
law.
Chapter -11
Procedures for Amendment
Procedures for Constitution Amendment are prescribed in article 368 of the constitution. Three
amending procedures are dopted, which are as follows.-
• The ordinary process of legislation ie. by simple majority.
• By the Special majority of the Houses (either House of Parliament)
• By the Special majority of the parliament and with the permission of the State legislature.
Amendment through ordinary process:
Every Bill passed by simple majority of the Parliament becomes a Act after receiving president is assent.
Certain Bills requires prior approval of the president for introduction in the parliament like-
-Creation of new state.
- A Bill to alter the boundaries of the states or to change the names of the states.
-Administration and contral of Schedule Areas and Scheduled Tribes.
Amendment through special majority:
If a bill Passed by each House of Parliament separately with the special Majority i.e: not less than 2/3rd of
members present and voting, become a part f the constitution after receiving president’s assent.
* This Procedure for Amendment is used in all arrangement except some special cases/ thing of the
constitution.
Amendment by the Special Majority of the Parliament and with the Permission from legislative
Assemblies of states:
Some constitution (Amendment ) Bills seeking change in the Provision which affect
the federal structure requires, apart from being passed in each Houses separately by a special majority, a
retification by the legislatures of at least half of the state, before the bill is presented to the president for
his assent. Main subjects provisions which are amended through the process are as follows-
(a) Election of the president (Art.54);
(b) Manner of election of the President;
(c) Extent of the executive power of the union;
(d) High court for union Territories;
(e) The supreme court and the High courts;
(f) Distribution of the legislative power between the union and the state;
(g) Any of the list in the 7th schedule
(h) Representation of the stated in Parliament
(i) Provision of Article 368 itself.
Chapter -12
The Judiciary
* In India the constitution provides for a single integrated system of courts for the union as well as the
states, which administer both union and state laws. At the head of the entire system stands the supreme
court of India.
- The Supreme Court is situated in New Delhi.
* The parliament of India is empowered to establish Supreme Court, to organize and exchange of power
relating to the formulation of law, etc of Supreme Court.
* Provision relating with the establishment of Supreme Court are in Mentioned Article 124.
* There is a chief justice and 30 other Judges in the Supreme court.
* All judges of the supreme court are appointed by the President of India.
* There is no minimum age limit to be appointed a judge of Supreme court. Once appointed, a judge may
continue in the in office till he attains the age of 65 years.
* A Judge of supreme court is removed by the President upon an address to that effect being passed by a
special majority of each House of Parliament, But such removal may take place only on two grounds:
proven misbehavior, and incapacity.
* A person to be qualified for appointment as a judge of the supreme court must be-
- A citizen of India and
- A distinguished jurist or
- A High court judge for at least 5 years or
-an advocate of a High court ( or two or more such courts in succession) for at least 10 years.
* Justice Hiralal J. Kania was the first chief justice of India.
* The Judge of the supreme court cannot Practice in court or against any Govt. official after his / her
retirement .
* The President administers the oath to the Judges of the supreme courts.
Jurisdiction of the Supreme Court: The jurisdiction of Supreme court are five –fold viz.,Original, writ,
appellate, advisory & Revisory.
1. Original Juridiction: The Supreme court has original Juridictin in many caes-
-Supreme court has original Juridiction only in dispute involving a question of law or fact between the
government of India and one or more states or states.
2. Appellate Juridiction-
• The Supreme court is the highest court of appeal from all courts in the territory of India.
* The Appellate Juridition of Supreme court is three fold-constitutional, civil and criminal.
3. Advisory Juridiction: The president is empowered to refer any matter to the Supreme Court for its
opinion (Art.143) However it is not compulsory for the court to give its advice.
4. Revisory Juridiction: The Supreme court under Art. 137 is empowered to review any Judgment or
order made by it with a view to remove any mistake or error that might crept in the Judgment or order.
5. Writ Juridiction: Article 32 imposes duty on the Supreme court to enforce the fundamental rights,.
Under this article, every individual has right to move the Supreme Court directly if there has been any
infringement on his fundamental rights. The writ jurisdiction, sometimes, is referred to as original
jurisdiction of the supreme court, in the strict sense original jurisdiction relates to the federal character
of the constitution.
* All the Judgments and orders passed by the supreme court are binding on all the courts of India but they
are not binding on the Supreme court.
High Court
* According to Article 214, there shall be a High Court for each state. The parliament can, however,
establish by law, a common High Court for one or more states and one or more territories.
* At present, there are 21 High courts in India.
* Only the Union Territory of Delhi has the High Court.
* Every High court consists of a chief Justice and such other Judges as appointed by the President from
time to time.
Qualifications for appointment as a High court Judge.
(a) He must be a citizen of India, and
(b) He must have held a judicial office in the territory of India for at least ten years or must have been an
advocate of a high court or two or more such courts in succession for at least ten years.
* The Governor of that state in which the high court is situated administers the oath to the judge of that
High court.
* The Judge of a High court can be removed from the office by the president in the manner and on the
same ground as that of the Supreme court.
* Article 215 declares that every High court shall be a court of record and shall have all the powers of such
a such a court including the power to punish for its contempt.
Jurisdiction of the High court:
Original Jurisdiction: Every high court has been empowered to take action in relation to admiratly,
wills, Divorce-marriage, revenue and fundamental rights etc.
Appellate Jurisdiction:
* If any session Judge has awarded death sentence in criminal matters, appeal can be made against that in
the high court.
* In civil matters, appeal can be made in all those matters which related to the property of Rs. 5 Lakhs or
more.
Administrative Jurisdiction ; High courts are empowered to make rules regarding appointments
demotion & leaves in their subordinate courts.
Chapter -13
The State Executive
The Governor-
• The Governor is the executive head of He state and acts on the advice of the council of ministers of the
state.
• Generally, there shall be a Governor for each state, but the 7th constitutional Amendment, 1956, makes it
possible to appoint the same person as a governor of one or more state.
Qualification for appointment as a Governor of a state-
• He must be citizen of India.
• He must have completed 35 years of age.
• He must not hold any office of profit.
• He must be qualified for election as a member of the state legislative Assembly.
* The Governor of a state is appointed by the President on the recommendation of the union council of
ministers and holds office at the pleasure of the President.
* Governor takes oath in the presence of the chief justice of the high court.
Powers and Functions of the Governor
Executive Powers-
* All executive actions of the state government are taken in his name.
* He appoints the Chief minister and on his advice other minister. He also administers oath to them.
* He appoints the Advocate General of the state and also the members of the state Public Service
Commission. He gives the advice to the President in the matter of the appointment of Judges of the high
court.
* During president’s Rule in the state, governor takes over the reins of administration and acts as the agent
of the union government.
* Governor is the chancellor of the state universities and also appoints vice chancellors.
Legislative Powers
* The Governor is an integral part of the state legislature.
* He addresses the state legislative Assembly and he can also dissolve it.
* He addresses the meeting of the state Assembly and the Joint meeting of the both Houses.
* He nominates 1/6th of the total member to the legislative council.
* A Bill passed by the legislature becomes an Act after receiving Governor’s assent.
* He nominates a member of the Angol-Indian Community to the state Assembly.
Financial Powers-
* * The constitution confers on the Governor, the duty to get prepared and introduced to the state
letgislatture, at the annual budget and also the supplementary budgets, if necessary.
*A Money Bill or Financial bill cannot be introduced in the state legislature without prior
recommendation of the Governor.
* Governor can return any bill except money to the State legislature for review. If the state legislature
passed that bill again, governor is bound to give his assent.
Judicial Powers:
* Like the president, the Governor also enjoys the power to grant pardons, reprieves, respites or remissions
of punishment or to suspend or commute sentences in certain case. This power extends only in such cases
on which the state legislature is competent to make laws.
* He has no power to commute or pardon death sentences.
The Legislative council
* The Legislative council is the upper House of the state legislature.
* The Parliament under Art. 169 is empowered to create or abolish the legislative council in a state. Where
the legislative council to the be created or abolished, the concerned state legislative Assembly should
pass a resolution to this effect by a majority of not less then 2/3rd of the members present and voting.
* At present, Jammu &Kashmir, Uttar Pradesh, Bihar, Maharashtra, Karnataka & Andhra Pradesh are
bicameral i.e. having both legislative Assembly and legislative council. Of late, the legislative council is
established in Andhra Pradesh.
* As per the constitution the member of the legislative council is not exceed one third of the
total strength of the state Assembly and its strength should not be less than 40 (except J&K)
* The minimum age to be elected as the member the legislative council is 30 Years.
* Each member of the legislative council is elected for a term of 6 years and 1/3rd of its members retire
every two years.
* The election of the legislative council is indirect proportionate representation by single transferable vote.
* The members of the legislative council are derived from various section and streams of the society.
-Not Less than one thired members to be elected by local bodies (the Panchayats, municipalities, District
Boards etc. )
- Not less then one third members to be elected by the legislative Assembly.
-Not less than one –twelfth members to be elected by graduate of three years standing residing in the
state.
-Not less that one-twelfth members to be elected by persons having teaching experience of three years in
educational institutions.
-The remaining one sixth is nominated by the governor from among distinguished persons of the society in
the field of literature, science, art, cooperative movement and social service.
* The quorum to convene a meeting of the legislative assembly is the 1/10th of its total strength or at least
10 members.
* The legislative council choose chairman and Deputy chairman amongst its members respectively.
* The chairman sumits his resignation to deputy chairman and vice-versa.
* The chairman may be removed from his office by a resolution of the legislative council passed by a
majority of all then members of the council. But such a resolution can be moved only by giving at least
14 days notice to the chairman.
The legislative Assembly
* The duration of the legislative Assembly is five year but it may be dissolved sooner than five years, by
the Governor in certain conditions.
* The strength of this popular House should not be less than 60 or not more than 500 [except-Arunachal
Pradesh(40) , Goa (40), Mizoram (40) & Sikkim-(32)]
* The member of legislative Assembly elect their speaker and deputy Speaker among them.
Generally, the speaker does not vote in the House but he can vote only in case of a tie i,e. to remove a
deat lock and this is known as the casting vote.
* Whether a Bill is money Bill or not is certified only by the speaker of the legislative Assembly.
* The Quorm to convence a meeting of the House is 1/10th of its total strength.
Power and Functions of the legislative Assembly Legislative Powers;-
* The State legislature has exclusive jurisdiction of legislation on items mentioned in the state list.
* Both the union and state Legislatures could legislate on items included in the concurrent list. But in case
any inconsistancy between laws made by parliament and these made by the legislature of a state in respect
of items in the concurrent list, the Union law shall prerail.
Financial
* Annual budget is presented in the legislative Assembly in the begining of every financial year which
contains the details of income and expenditure of government.
* A money Bill shall not be introduced in a legislative Council. After a money Bill has been passed by the
Legislative Assembly of a state having a legislative council it shall be transmitted to the legislative
council for its recommendations, and the legislative council shall within a period of fourteen days from
the a date of its receipt of the Bill return the Bill to the legislative Assembly with its recommendations,
and the legislative Assembly may thereupon either accept or reject all or any of the recommendations of
the legislative council.
* The legislative council can make recommendations but it cannot reject the money Bill .
* After fourteen days of Passing a money Bill by legislative Assembly, it shall be deemed to passed by
both the House and the Governor is bound to give his assent.
Control over Executive:
* The council of ministers are collectively responsible to the legislative Assembly. Whenever, a resolution
is defeated in the parliament, the entire ministry collapses.
Constitutional Amendment (Amending power)
* A constitution (Amendment) Bill seeking change in the provisions which affect the federal structure
requires, apart from being passed in each House separately by a special majority, a ratification by the
legislatures of at least half of the states, before the Bill is presented to the president for his assent.
Powers Related to Election
* In the election of president, the member of the state Assemblies have equal power as the members of
Parliament.
Chief Minister
* Chief minister is appointed by the Governor . Generally, Governor appoints the chief minister to that
person who is leader of the majority Party of the state Assembly.
* Chief Minister presides over the meeting of the council
* He enjoys the real exeaitive powers.
The Strength of legislative Assembly in state /U.Ts
State /U.T. Strength
Arunachal Pradesh 40
Assam 126
Andhra Pradesh 294
Goa 40
Orissa 147
Utter Pradesh 403
Uttarakhand 70
Karnataka 224
Kerala 140
Gujarat 182
Chhattisgarh 90
Jammu & Kashmir 76
Jharkhand 81
Tamil Nadu 234
Nagaland 60
Punjab 117
West Bengal 294
Bihar 243
Manipur 60
Madhya Pradesh 230
Maharashtra 288
Mizoram 40
Meghalaya 60
Rajasthan 200
Sikkim 32
Haryana 90
Himachal Pradesh 68
Tripura 60
Union Territories
Delhi 70
Puduchery 30
Strength of legislative Council in various
Uttar Pradesh 99
Karnataka 75
Bihar 75
J & K 36
Andhra Pradesh 90
Maharashtra 78
Order of Precedence
-President
-Vice president
-Prime Minister
-Governors (in their own respective states)
-Former Presidents
-Deputy prime Minister
-Chief Justice of India Lok Sabha Speaker
-Union Cabinet ministers; chief minister in their own respective states; Former prime Ministers
-Ambassador
-Judges of the Supreme court.
-Chief Election commissioner, comptroller and Auditor General.
Chapter -14
Centre-State Relations
* The distribution of powers between the center and states are given in the Seventh schedule of the
constitution in the form of three list-Union list, state list and concurrent list.
1. The union list-The Parliament has exclusive power to legislate over the subjects mention in this list.
These subjects are defense, foreign affairs, railway, currency and coinage etc. Ninety eight items are
mentioned in this list.
The State list- The state legislature is empowered to legislate over the items mentioned in this lest. But in
Certain exceptional conditions, the parliament also can legislate over the items mentioned in this list
sixty-two items are included in this list.
The Concurrent List- This list consists of 52 subjects. Both the centre and the states can make laws on
the subjects mentioned in the concurrent list. But in case of conflict between the union and the state laws
on concurrent subjects, the union laws shall prevail. The main Subject of this list are. National water
way, family planning , newspaper, factories, education, fisheries etc.
The Residuary powers- Article 248 vests the residuary powers in the parliament. It says that the
parliament has exclusive Power to make any law with respect to any matter not enumerated in any of the
three list.
• The Parliament can make law on subject mentioned in the state list with the consent of the states.
• According to article 250, while the Emergency is in operation the parliament shall have power to make
laws for the whole or any part of the territory of India with respect to all matters in the State list.
• Mainly four commission are set up to remove dispute between the centre and the state. These are
Administrative Improvement commission, Raj Mannar commission, Bhagwan Sahay committee, co-
operative commission.
• The parliament appointed commission under the chairmanship of Justic R.S. Sarkaria to go into the
details of the centre state relations in June 1983. (Sarkaria Commission)
* Main Sources of Income for the Union- custom duty, export duty, Foreign loans, Railway, Reserve
bank, Share market, Estate duty on Property other than agricultural land, corporate tax.
* Main sources of Income for the State-tax on agriculture, Tax on human being, Tax on property, Tax on
land & buildings, sale tax & toll tax.
Chapter-15
Inter State Council
* Article 263 empowers the president to establish an Inter state council to bring togather the federal units.
* First Time in June, 1990, the Inter state council was set up which held its first meeting in October, 1990.
* the Inter State council consists of prime Minister, 6 Union cabinet minister and the chief ministers of all
the states and those UTs with a legislative Assembly as member.
* Prime Minister is the Chairman of the Inter State council.
* Inter state council meets thrice in a year. It is chaired by Prime Minister and in his absence, any Minister
of Cabinet rank appointed by him chairs the meeting.
* At least ten members are required to covene a meeting of Inter state Council.
* The Inter State Council can perform the following duties-
- inquiring into and advising upon disputes which may have arisen between states:
- investigating and discussing subjects in which some or all of the states, or the Union and one or more
states, have a common interest;
- Making recommendations upon any such subject and in particular, recommendations for the better
coordination of policy and action with respect to that subject.
Chapter -16
Finance Commission
* Under Article 280, the president empowered to constitute a Finance commission at every five year.
* President appoints a chairman and four other member for the commission.
* The chairman must be a person having experience in Public affairs. The members should be qualified to
be-
-A thigh court Judge or a person qualified to be appointed as such;
-A person having special knowledge of finance and accounts of the government ,
-A person with wide experience in financial matters and administration.
- A person having special knowledge of economics.
* Provisions to establish a state Finance Commission are mentioned in Article 243(1)
* So far the president has appointed 13 Finance commission, the last in November, 2007, under Dr. Vijay
L. Kelkar.
Finance Commission Year Chairman Period
1st 1951 K.C.Niyogi 1952-57
2nd 1956 K. Santhanam 1957-62
3rd 1960 S.K. Chanda 1962-66
4th 1964 Dr. Rajmannar 1966-69
5th 1968 Mahaveer Tyagi 1969-74
6th 1972 P.Brahmanand Reddy 1974-79
7th 1977 J.P. Schelet 1979-84
8th 1982 Y.P. Chauhan 1984-89
9th 1987 N.K.P. Salve 1989-95
10th 1992 K.C.Pant 1995-2000
11th 1998 Prof. A.M. Khrsron 2000-2005
12th 2003 Dr.C. Rangrajan 2005-2010
13th 2007 Dr. Vijay Kelkar 2010-2015
Chapter-17
Planning Commission
* Planning commission is a non-constitutional body. It is not mentioned in the constitution.
* Planning commission was set up in 1950 by a cabinet resolution.
* Prime Minister of India is the chairman of the planning commission.
* At present, the planning commission consists of the chairman, four Ministers as part Time members &
Seven full time members.
* Main functions of the planning commission -To formulate an integrated Five year plan for economic
and social development.
* To act as an advisory body to the Union Government.
National Development Council (NDC)
* The National Development council was formed on 6th August, 1950, to associate the state in the
formulation of the plans.
* Prime Minister is the chairman of National Development Council.
* All members of the Union cabinet ministers, chief ministers of states, the administrators of the union
Territories and members of the Planning commission are members of the N.D.C
* Functions of the National Development council are-
-Review of national plan
-Recommend measures to meet targets of national plan.
* Nation Development council is a non constitutional body.
CHAPTER -18
PUBLIC SERVICE COMMISSION
* Public service commission was set up in 1926 under the Government of India Act, 1919. The Law
commission recommend to establish a public service commission in 1924.
* The President appoints the chairman and other members of the Public service commission.
* President is empowered to decide the strength of the commission. At Present, ten members is the
strength of the Public service commission.
* The Chairman and the other members of the public service commission are appointed for a term of six
Years or till the age of 65 years, which ever is earlier.
* Chairman of other members retires at the age of 65 years
* The Term of service of a member of the Public Service commission of a state or a Joint Public Service
commission for a group of states is 6 years, or until the age of 62 years, which ever is earliar.
* Only president can remove the members of the Public Service commission for a state or Joint Public
Service Commission under article 317 if he/ she found guilty of misbehavior by the supreme court,
inform in mind etc. Only Governor has sonly the power to pass an interim order of suspension.
* The members of Union Public Service Commission hand over their resignation to the president.
* The members of a state Public Service commission hands over their resignation to the governor.
* The Chairman & the members of the state Public service commission are appointed by the Governor of
the concern state.
* Article 315 of the Constitution of India Provides for a Public service Commission for the Union and a
public Service Commission for each state.
* The chairman of the Union Public service Commission is ineligible for further appointment either under
the Government of India or state but the chairman of the state Public Service commission is eligible only
for appointment as the chairman or member of the Union Public Service commission or the chairman of
any other state Public Service Commission.
CHEPTER -19
ELECTION COMMISSION
* The Provisions related to election are mentioned in Part XV from Article 324 to 329 in the constitution.
* The Election commission consists of a chief election commissioner and such number of other Election
commissioners as the president may from time to time fix. The chief election commissioner and
members of the commission are appointed by President.
* The chief election commissioner is appointed for a tenure of 6 years, or upto the age of 62 years,
whichever is earlier. Other commissioners has a tenure of 6 years, or upto the age of 62 years, whichever
is earlier.
* The chief election commissioner enjoys the same status and receives the same salary and parks as
available to Judges of the Supreme Court.
* Originally a chief election commissioner ran the commission, but in 1993, it became three member
Commission.
* The first chief election commissioner was Sukumar Sen
Main Functions of Election Commission
- The delimitation of constituencies
- preparation of electoral rolls
-Recognitions of Various political Parties and allotment of election symbol to these parties.
- To conduct elections to Parliament, state legislature, and the office of president and Vice-president.
-The Preparation of roster for broadcasts and telecasts by various political parties.
-To issue identity cards to the voters.
Independent Election Commission:
* Election commission is a constitutional body.
* The Chief election Commissioner can be removed from his office only in manner and on the grounds
Prescribed for removal of judge of the Suppreme Court.
* The expenses of the commission are charged on the consolidated fund of India.
CHAPTER -20
THE OFFICIAL LANGUAGES
* According to Article 243 of the constitution, the official language of the Union is Hindi in Devanagari
script.
* Article 344 of the Indian constitution empowers to the President to constitute a commission rendering
his advice of official language.
* Using this Power president constituted the first official language Commission under the chairmanship of
Shree B.G Kher in 1955.
* The Languages included in the eighth Schedule of the constitution are- Assamese, Bengali, Gujarati,
Hindi, Kannada, Kashmiri, Konkani, Malyalam, Manipuri, Marathi, Nepalese, Oriya, Punjabi, Sanskrit,
Sindhi, Tamil, Telugee, Urdu, Maithili, Dogri, Santhali and Bodu. Twenty two Indian languages are
mentioned in the eighth Schedule of the Constitution.
* Syndhi was inserted by the constitution (21st Amendment ) Act, 1976.
* Konkani, Manipuri and Nepali were inserted by the constitution (71st Amendment ) Act, 1992
* Maithili, Dogri, Bod and Santhali were added to the eighth Schedule by the Constitution
(92nd Amendment ) Act, 2003
Official language for a sate
* According to Article 345, the Legislature of a state can adopt any one or more languages mentioned in
the eighth Schedule for the official purposes of that state. There is also a provision for the recognition of
any other languages for the official purpose for a state or any part ,upon a substantial popular
demand for its being made to the president (Article -347). Language of the Supreme Court, High Courts
and legislatures:
* As per the constitution, until the Parliament makes Provision, English will be the language for-
• All Proceedings in the Supreme court and in every High Court;
• All acts passed by Parliament or the Legislature of a state.
CHAPTER -21
EMERGENCY PROVISIONS
* National Emergency (Under Article 352)- President can make Proclamation of National emergency in
case of (i) war, (ii) external aggression and (iii) armed rebellion or threat thereof.
* President makes proclamation of National Emergency under Art. 352 only on the written
recommendation of the cabinet.
* By the constitution (44th Amendment ) Act, Emergency under Article 352 can be imposed in Whole of
India or only a part thereof
* During Proclamation of Emergency the Union can give directions to any state regarding exercise of the
executive power.
* During emergency period the state government does not suspend but it comes under the control of the
union executive .
* Such proclamation of Emergency will remain in force for a month and it ceases to be operation unless it
is approved by the resolution of both Houses of Parliament with special majority within one month from
the date of its Proclamation. The proclamation gets fresh of 6 moths from the date it is approved by the
both Houses of parliament.
* It can be approved by Parliament for any number of times but not beyond six month at a time.
* All Fundamental Rights are sunpended during National emergency expect rights Provided by
Art.20 and 21
* Power of the state executive comes under the control of the union executive.
* The legislative Power of Parliament is extended over the subjects mentioned in the state list.
* The first Proclamation of emergency under Article 352 was made by President on 26th October 1962
because of Chinese aggression. It was revoked on 10th January, 1968.
President’s Rule in a State (Under art. 356)
* Article 356 empowers to the president to impose emergency in any state in case of failure of the
Constitutional machinery.
* After proclamation of emergency, the executive authority of the state is assumed by the president. The
whole administration except jndiciary is controlled by the president.
* The duration of such Predation shall ordinarily be for two months. It, however, such proclamation is laid
down before each House of the Parliament and is approved by the parliament it will be in operation of
six months from the date of the issue of the Proclamation.
* Such Proclamation may remain in force for a maximum period of three years if the Proclamation is
regularly approved by the parliament alter every six months.
* The First Proclamation of president’s Rule (Article 356) was made in Punjab.
* The President’s Rule under Article 356 remained in operation for the longest Period in Punjab.
* Fundamental Rights Provides under Articles 19, 20 and 20 do not suspend.
Financial Emergency (Under Art. 360)
* Article 360 of the Indian Constitution authorizes the President to declare by a Proclamation, financial
Emergency if he is satisfied that the financial stability or credit of India is threatened.
* The Proclamation issued under Article 360 will remain in force for two months, unless before the expiry
of the Period it is approved by both House of the Parliament. Once approved it remains in force for and \
indefinite period.
* If the Proclamation of financial Emergency is made when the Lok Sabha is already dissolved, the
Proclamation will continue further period of time after getting approved by the Rajya Sabha within two
months. But the Proclamation must be approved by the newly constituted Lok Sabha within 3o days
from to first meeting.
* The President can revoke the financial emergency any time.
CHAPTER -22
Financial Committees of Parliament
Estimates Committee:
- It is a 30 member committee and its member are elected only from Lok Sabha. Member from Rajya
Sabha are not included in committee.
- The members of this Committee are elected following a system of Proportional Representation by
means of single transferable vote.
- The members elected for a term of one year.
- Functions:
• Report what economies, improvement in organization, efficiency or administrative reform, consistent
With the policy underlying the estimates may be effected;
• Suggest alternative Policies in order to bring about officency and economy in administration.
* Public Accounts Committee;
-This committee is known as the ‘Twin sister’ of Estimastes committee. There are twenty two members
in the committee of which 15 are elected from the lok sabha and remaining 7 are elected from the Rajya
Sabha.
* They are elected for a term of one year.
* Public Accounts Committee is a Parliamentary committee.
* As per the Convention established in 1967, the chairman of the public Account committee is appointed
from amongst the members of opposition party in the Parliament.
* The Public Account committee examines the comprehensive audit report prepared by comptroller and
Auditor General of India.
Committee on Public Undertakings;
* It is a twenty two members committee out of which 15 are elected from the Lok Sabha and 7 are of from
the Rajya Sabha.
* The Chairman to this committee is nominated by the Speaker of the Lok Sabha.
* The functions of this committee are-
- to examine the reports and accounts of Public undertakings specified in the fourth Schedule of the
rules of procedure and conduct of the business in Lok Sabha.
CHAPTER -23
Panchayati Raj
* The Panchayati Raj System in independent India was introduced on October 2-1959 by the first prime
minister Jawaharlal Nehru in Rajasthan and the first Panchayat was established in its Nagore district.
* On October 11,1959, Pandit Jawaharlal Nehru started Panchayati Raj system in Andhra Pradesh.
* The Constitution (73rd Amendment) Act, 1992 is related to Panchayati Raj system. By this Act, XIth
Schedule was added to the constitution to deal with Panchayati Raj. It also in inserted Part IX, containing
Articles 243, 243A to 2430.
Main Points of the Constitution (73rd Amendment) Act,1992-
- Provision for a 3 tier system of Panchayati Raj for all states was made
-The arrangement to establish Panchayats at village level, panchayat committees at Block level and
district councils at district level was made.
-1/3rd reservation of seats for woman at all level of Panchayati Raj Institution.
- A term of five years was fixed for Panchayati Raj institutions.
-The arrangement of Grant in aid to these institutions from the consolidated fund of the state government
was made
-Panchayat elections to be held regularly after 5 years.
Constitution (74th Amendment) Act, 1992
* This Act is related to the three tier Nagarpalika System. It Provided constitutional sanctity to
municipalities by inserting part IXA. containing Articles 243P to 243G and the XIIth schedule which
deals with the items concerning municipalities.
Main features of the constitution (74th Amendment) Act.
* A Nagrapalika will be of three kind-
(a) Nagar Panchayat- is for an area being transformed from a rural to an urban area with Population of
10000 to 20000.
(b) Municipal council – for smaller urban contre with population of 20000 to 3 lakh .
(c) Municipal corporation- for urban certre with Population above three lakhs.
• Not less than 1/3rd reservation of seats for woman.
• Reservation of seats for Schedule castes and schedule Tribes.
• The tenure of Nagar Palikas (Municipalities) will be 5 years.
• In case of dissolution, the election must be held within 6 months.
* First municipal corporation was established in madras in 1687.
other Facts-
• The 73rd and 74th Amendments do not apply to the state of Meghalaya, Mizoram, Nagaland and Jammu
and Kashmir, the union Territory of Delhi, hill areas in Manipur and Darjeeling in W. Bengal.
• The members of municipality are generally elected by direct election.
• Also they do not apply unless extended to scheduled Area and Tribal Areas under Article 244.
* The constitution (Eight-third Amendment) Act, 2000 has added a clause to Article 243M to Provide the
reservation of seats for the scheduled casts under Article 243 D shall not apply to the states of Arunachal
Pradesh.
Recognition of National Party
* To be recognized as a National party, a Political Party must fulfill either of the following two conditions-
1. It should be recognized as a state Party in not less than four states or
2. It secures not less than four percent of the total valid votes polled in a general election in not less than
four states.
CHAPTER -24
IMPORTANTCONSTITUTIONALAMENDMENTS
* The First Amendment was carried out in 1951 to overcome certain practical difficulties related to the
Fundamental Rights. It made a provision for special treatment of educationally and socially backward
classes, and added the Ninth Schedule to the constitution.
* Second Amendment –By this Amendment, the representation of members in Lok Sabha was made on the
basis of census, 1951
* Tenth Amendment (1961) – By this Amendment Act, Dadra and Nagar Haveli were incorporated as
union Territory. These Territories were under the control of Portugal.
* Twelfth Amendment (1962) – Inclusion of territories of Goa, Daman and Diu into the Indian union.
These territories were added to the First schedule.
* Thirteenth amendment (1962) – Insertion of Article 317 A to make special provisions of the
administration of the state of Nagaland and Nagaland was given the status of a state.
* Fourteenth Amendment (1963)- Pondicherry, karaikal , Mahe and Yaman, the former French territories
were specified in the constitution as the union Territory of Pandicherry.
* Eighteenth Amendment (1966)-Punjab was divided on the basis of language Punjab, as Panjabi speaking
region and Haryana, as Hindi speaking region were established.
* Twenty first Amendment (1967) –Sindhi language was included as 15th regional language in the Eight
Schedule of the constitution.
* Twenty second Amendment (1969)- Maghalaya was separated from Assam.
* Twenty- Seventh Amendment (1971)- Mizoram and Arunachal Pradesh were given the status of the
union Territories.
* Thirty – fifth Amendment (1974)- It Provided the status of Associate state to Sikkim by ending its
protectorate kingdom status which was a novel Concept introduced in the constitution.
* Thirty- Sixth Amendment (1975) – It made Sikkim the twenty second state of the Union of India.
* Forty-second Amendment (1976) : Mini constitution
- Word Socialist, secular, and Integrity’ were added to the Preamble of the constitution.
-Fundamental Duties were added in Part IV A (Art -51A)
-It mad the power of parliament supreme in so far as amendment to the constitution was concerned. It
freed the parliament from judicial review.
- Tenure of the Lok Sabha and the state Assemblies was increased by one year.
* Forty –forth Amendment (1978) –
- In Article 352 regarding, National Emergency, the word internal disturbance was substituted by the
word armed rebellion;
- Right to property was taken away from the list of fundamental Rights and placed in a new Article 300 A
As mere legal right.
- Tennure of the Lok Sabha and the state Assemblies was reduced from 6 years to 5 years.
- Fifty second Amendment (1985); It inserted the Tenth Schedule in the constitution on the grounds of
defection. But if one third member want to form a separate group or party. They can form a separate
Party and their membership will not be concelled.
*Fifty-fifth Amendment (1986); The formation of Arunachal Pradesh took place with special power to the
governor.
Fifty- sixth Amendment (1987): Goa was made a full fledged state, but Daman and Diu remained as
union territory.
* Sixty-first Amendment (1989); It brought about an amendment to article 326 for the reduction of voting
age from 21 to 18 years.
* The Seventy –first Amendment (1992); It included Manipuri, Konkani and Nepalese languages in the
eight schedule.
* Seventy-third Amendment (1992): XIth schedule was added to the constitution to deal with Panchayati
Raj institutions.
* The Seventy-fourth Amendment (1992) It provided constitutional sanctity to Municipalities byinserting
part IX-A, containing Article 243P to 243ZG and the XIIth Schedule which deals with the items
related to Municipalities.
* Eighty –fourth Amendment (2001) The number of representatives in the Lok Sabha and the state
Assemblies were freeze to current levels till 2026.
* The Eighty sixth Amendment (2002): It Added a new Article 21-A after Article 21 which make the right
to education for children of the age of 6 to 14 years a fundamental right.
* Eighty-eight Amendment (2003): Provisions regarding service tax.
* Eighty –ninth Amendment (2003): It Provided for establishment of a separate National commission for
Scheduled caste.
* The Ninetieth Amendment (2003): It stated that the representation of Scheduled Tribes and non –
Scheduled Tribes in the constitution of the Bodoland Territorial Areas Districts shall be maintained.
- It means that the representation of the above categories shall remain the same as existed prior to the
creation of Bodoland Territorial Areas District.
* The Ninety first Amendment (2003):
• Amendment in the Procedures of Anti defection laws.
• As regards the Lok Sabha and the State Assemblies the amendment provided that the total number of
Minster in the council of ministers shall not exceed 15 per cent of the total membership of the House.
However the number of ministers , including the chief minister in a state shall not be less not be less
than 12 ( in smaller state like Sikkim, Mizoram & Goa).
* The Ninety –Second Amendment (2003):
- It added four new languages , namely Bodo, Dogri, Maithili and Santhali to the Eight Schedule.
CHAPTER -25
Important Terms
Question Hour: Normally the first hour of the business of the House every day is devoted to question and
answers. This period is called Question Hour of the Parliament.
Zero Hour: It is a Period which follows after the question Hour when members raise any issue of public
importance on every short or even without notice. The Procedure is not recognized under the Rules and
procedures of the Parliament, but has become convention since 1970s
Adjournment of the House: This is a short recess within a session of the parliament, called by the
presiding officer of the house. Its duration may range from a few minutes to days together. While
Prorogation brings the House to an end.
Dissolution: It brings the House to an end. Only Lok Sabha dissolves.
Starred Question: When a member wants oral answer to his questions from a minister in the House, such
questions are called starred questions. Supplementary question can be asked after the answer to such a
question.
Unstarred Question: When answer is demanded by the member of the house in written such a question is
called unstarred question. There is no provision of supplementary question after the written reply.
Guillotine: Due to paucity of time various demands for grants are accepted by the Lok sabha without any
discussion on them . This is known as Guillotine.
Judicial Review- The courts are empowered to review the constitutional validity of a legislative
enactment. If any enactment is not in accordance with law mentioned in the constitution, the court can
declare the legislative enactment invalid.
Quorum: It is the minimum required attendance to conduct a meeting. The quorum to constitute a meeting
of either house of Parliament shall be one tenth (1/10th ) of the total strength of the House.
Censure Motion: This motion can be introduced against the council of Minister or a minister in the Lok
Sabha only by the opposition party. If a censure motion is passed in the House, the council of Minister is
bound to seek confidence of the Lok Sabha as early as possible.
Confidence motion: It is similar to the No confidence motion in all aspects, except that it is introduced by
the government itself to prove that it commands the approval of the House. Thus , if a confidence motion
is defected, the council of ministers is obliged to resign.
No confidence Motion- This introduces only in the Lok Sabha by the opposition Party. At least fifty
members of the House must be in favour of the Motion. After the adoption of a no confidence motion in
the lok sabha, the council of minister is obliged to resign.
Cut Motions- These are part of the budgetary process which seek to reduce the amount of Grants. These
are moved in the Lok Sabha only. These are classified into three categories- Policy cut, Economy cut,
and Token cut.
