B.

A HONOURS

CC3

TOPIC

INDIAN GOVERNMENT AND

POLITICS
 INDEX
1. Framing of Indian Constitution: An outline; Philosophy of the Constitution: The Preamble,
Salient Features of the Constitution.
2. Fundamental Rights; Fundamental Duties, Directive Principles of State Policy.
Amendment of the Constitution.

3. Executive: Union and the States.

(a) President, Prime Minister, and the Council of Ministers.
(b) Governor, Chief Minister and the Council of Ministers.
(c) Emergency Provisions.
4. Legislature: Union and the States
(a) Council of States and the House of the People - Law-making procedure and Amendment–
Speaker.
(b) State Legislature– composition and functions.

5. Judiciary: Supreme Court and the High Courts– composition and jurisdictions
6. Relations between the Union and the States: Legislative, Administrative, Financial—Election
Commission: composition and functions—Decentralisation: Rural and Urban local bodies.
7. Politics: Party system in India: main features–national parties,
regional parties- Coalition Politics: nature and trends- Groups in Indian politics: Business,
Working Class and Peasants -Religion in Indian politics– secularism and the Indian state--Caste
in Indian politics– the issue of reservation.
1. FRAMING OF INDIAN CONSTITUTION: AN OUTLINE; PHILOSOPHY
OF THE CONSTITUTION: THE PREAMBLE, SALIENT FEATURES OF
THE CONSTITUTION.

Our Constitution exists to secure individual freedom, the essential condition of human flourishing. Liberty is
not provided by government; liberty pre-exists government. It's our natural birthright, not a gift from the
sovereign. Our founders upended things and divided power to enshrine a promise, not a process. - Don
Willett.

The draft of the constitution was prepared by Bengal Narasimha Rao. The Constituent Assembly had two
functions, one was to act as the Constituent Assembly and one to function as the Parliament. Constituent
Assembly - In 1922, Mahatma Gandhi proposed for the Constituent Assembly.

In August 1940, a proposal was made by the British called August Proposal under which the British also
accepted that there should be a constitution for Indians too but it was not accepted. Cripps Proposal- It was
accepted by Stephen Cripps that There should be a constitution but it was not accepted by the Indians.
Gandhiji called this proposal a bankrupt bank check.
After the Second World War, when Atlee's government was formed in England, three ministers of the
government were sent to India, which is called the Cabinet Mission, and the Constituent Assembly of India
was constituted under this cabinet mission. President of the Cabinet Mission- Sir Pathik Lorence ,Member-
Stefford Cripps and A.V. Alexander.

The Constituent Assembly should have 389 members. Which were also elected and nominated. From the
places where the British had the direct rule in India,i.e 292 places and the four commissioned provinces of
Delhi, Ajmer, Merwara, Kurg (Karnataka), and Balochistan (Pakistan) combined with 296 members and 93
members from where the princely states ruled was nominated When the Cabinet Mission came to India, the
population of India was 40 crores. (Meaning where the British had a direct rule - 292+ Commissioned
Provinces 4 = 296 and where there was rule through native princely states -93 nominated. 296 + 93 = 389)

The first meeting of the Constituent Assembly was held on 9th December 1946. The meeting was chaired by
Dr. Sachchidananda Sinha. He was the first Speaker of the Constituent Assembly and the reason for presiding
over it was that he was the eldest member.

The first meeting of the Constituent Assembly was boycotted by a Muslim League. When the Muslim League
boycotted the first meeting of the Constituent Assembly, former Prime Minister of England Winston Churchill
said that the meeting of the Constituent Assembly is like a marriage whose bride is missing. 207 members
attended this meeting.
There were 9 women at this meeting. According to the Cabinet Mission, there should have been 389 members
at the Constituent Assembly meeting but only 207 were present as boycotted by the Muslim League. 73
members of the Muslim League were not present. Till December 1946, the native princely states could not
clear and decide their position, so they could not send their representatives to the Constituent Assembly. On
11 December, Dr. Rajendra Prasad was made the permanent Speaker of the Constituent Assembly.

On December 13, Pandit Jawaharlal Nehru proposed. The basis of the Preamble of the Indian Constitution is
the Objective Proposal. In this Objective Proposal, the objectives of the Constitution, nature, the objectives for
which the government will work, etc. were mentioned.
This objective resolution was not accepted as the Muslim League was not present. The objective motion was
not accepted in the first session of the Constituent Assembly. The objective resolution was passed by the
Constituent Assembly on 22 January 1947 which was accepted as the basis of the preamble of the present
Constitution made.
B. N. Rao was also a constitutional advisor, he was not a member of the Constituent Assembly. B.N. Rao
contributed significantly to the constitution of Burma. Bn Rao was the first judge on behalf of India in the
International Court of Justice.

A draft committee was formed to consider the draft of the constitution, the other name was the Pandu
Writing Committee. It was headed by Dr. Bhimrao Ambedkar and had 6 members and they are:
1. Gopalaswami Iyengar
2. Alladi Krishnaswamy Iyengar
3. Mohammad Saadullah (Muslim League)
4. Kanhaiyalal Maniklal Munshi (Sole Congress Member)
5. T. Krishnamachari who became a member of B.P. Khaitan`s death
6. Madhavrao.

The draft Indian Constitution was drafted by this drafting committee. There were a total of 12 sessions of the
Constituent Assembly. The first meeting of the Constituent Assembly had 9 women but the entire Constituent
Assembly had a total of 15 women. Begum Ayyaz Rasool was the only Muslim female member. The
constitution came into force partially on 26 November 1949. On this day, 16 Articles of the Constitution came
into force, 16 Articles including Articles 5,6,7,8,9,24,60, 366, 367, 380, 394 came into force.
According to the Lahore session of the Congress, the first Independence Day was proposed to be celebrated
on 26 January, so when Independence Day began to be celebrated on 15 August, 26 January was fixed for
Republic Day. Even after the constitution was enacted and adopted, on 26 November, the constitution was
partially implemented and not implemented.

The last meeting of the Constituent Assembly was held on 24 January 1950. 284 members signed the
constitution. Pandit Jawaharlal Nehru was the first person to sign the Indian Constitution and Dr. Rajendra
Prasad was the last person to sign the Constitution.

Nusrat Muhani was a member of the Muslim League who was also a member of the Constituent Assembly but
did not sign. The President of the Constituent Assembly was Dr. Rajendra Prasad and when the Constituent
Assembly functioned as the Parliament, it was presided over by Ganesh Vasudev Mavalankar was.

On 24 January 1950, the Constituent Assembly elected Dr. Rajendra Prasad as President, then it was acting as
a Parliament, not as the Constituent Assembly. The term elected was used because the Constituent Assembly
had taken out an order that the form of becoming president was filled, hence the term election was used.
Winston Churchill called the Constituent Assembly a caste institution.

It is notable that Dr. Ambedkar contests from Mumbai to become a member of the Constituent Assembly but
loses. After this, with the help of Dr. Ambedkar Muslim League, Jasur Kulla contests from Bengal and wins.
But in the partition process after independence, this place is lost due to the move of East Pakistan to
Bangladesh, as a result, Dr. Ambedkar is no longer a member of the Constituent Assembly.
After this, BN Rao, the Constitutional Advisor of the Constituent Assembly, tells Dr. Rajendra Prasad that Dr.
Ambedkar is an important person for the creation of the Constituent Assembly, so Dr. Rajendra Prasad, then
Prime Minister of Mumbai, B.G. Wrote a letter to Kher to vacate the place for Dr. Ambedkar from Mumbai,
consequently, MR Jayakar resigned and Dr. Bhimrao Ambedkar became a member of the Constituent
Assembly.
In the last meeting of the Constituent Assembly, Dr. Rajendra Prasad said that if I have done any good work as
the President of the Constituent Assembly, then on 29 August 1948, he constituted the Drafting Committee
under the chairmanship of Dr. Ambedkar.
KV Rao said that Dr. Ambedkar is not only the father of the Indian Constitution but also the mother.

The Indian Constitution is the longest written constitution compared to any sovereign country in the world.
The original constitution had 8 schedules, 395 articles, and 22 parts.

PHILOSOPHY OF THE CONSTITUTION: THE PREAMBLE, SALIENT FEATURES OF THE

CONSTITUTION.
The Constitution of India was framed by a Constituent Assembly. This Assembly was an indirectly elected
body. It had laid down certain ideals to be included in the Constitution. These ideals included commitment to
democracy, guarantee to all the people of IndiaJustice, equality and freedom. It had also proclaimed that India
will be a Sovereign Democratic Republic. The Constitution of India begins with a Preamble.The Preamble
contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution
have evolved directly and indirectly from these objectives which flow from the Preamble. In this lesson you
will learn about the framing of the Constitution, its political philosophy as reflected in the Preamble and the
salient features of the Constitution.

Preamble and The Salient Features of The Constitution of India

* establish the importance of Fundamental Rights, Fundamental Duties and Directive Principles of State
policy;

* recognize the special features that distinguish the Indian Constitution from other Constitutions of the
world

The Constitution: A constitution is the basic fundamental law of a State. It lays down the objectives of the
State which it has to achieve. It also provides for the constitutional framework that is, various structures and
organs of the governments at different levels. In addition, it describes the rights and duties of the citizens. It
is, therefore, considered to be the basis for the governance of the country both in terms of goals and
objectives as also their structures and functions

The Constituent Assembly: The Constitution of India was framed by the Constituent Assembly. The
Assembly was constituted in 1946. The members of the Constituent Assembly were indirectly elected by the
members of the existing Provincial Assemblies. In addition, there were members nominated by the rulers of
the Princely States. With Independence of India, the Constituent Assembly became a fully sovereign body. The
Constituent Assembly, following the partition of the country in 1947, consisted of 299 members as on 31st
December 1947. Of these 229 members were elected by the provincial assemblies and the rest were
nominated by the rulers of the princely states. Majority of the members in the Constituent Assembly belonged
to the Congress party. All prominent leaders of the freedom movement were members of the Assembly.

Working of the Constituent Assembly: The Constituent Assembly was chaired by the President of the
Assembly Dr. Rajendra Prasad was elected as the President of the Assembly. The Assembly worked with the
help of a large number of committees and sub-committees. The committees were of two types : (a) relating to
matters concerning with procedures, and (b) concerning important issues. In addition there was an Advisory
Committee primarily advised from outside. The most important committee was the Drafting Committee. Dr.
B.R. Ambedkar was the Chairman of the Drafting Committee. The task of the Committee was to prepare the
draft of the Constitution. The Constitutent Assembly met for 166 days spread over a period of 2 years
11months and 18 days. The procedure followed in the Assembly was Similar to that which is followed in
legislature. You will study about the legislative procedure in detail in subsequent lesson on Parliament and the
legislative Assemblies. The leaders of the Constituent Assembly were conscious that the need of the hour was
general agreement on different issues and principles. As a result, deliberate efforts were made to achive
consensus.
THE PREAMBLE : what a ‘Preamble’ is. The Preamble is like an introduction or preface of a book. As an
introduction, it is not a part of the contents but it explains the purposes and objectives with which the
document has been written. So is the case with the ‘Preamble’ to the Indian Constitution. As such the
‘Preamble’ provides the guide lines of the Constitution.
The Preamble, in brief, explains the objectives of the Constitution in two ways: one, about the structure of the
governance and the other, about the ideals to be achieved in independent India. It is because of this, the
Preamble is considered to be the key of the Constitution. The objectives, which are laid down in the Preamble,
are:
i) Description of Indian State as Sovereign, Socialist, Secular, and Democratic Republic. (Socialist, Secular
added by 42nd Amendment, 1976).
ii) Provision to all the citizens of India i.e.,

a) Justice social, economic and political

b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity assuring dignity of the individual and unity and integrity of the nation.
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC :
Sovereignty : Sovereignty is one of the foremost elements of any independent State. It means absolute
independence, i.e., a government which is not controlled by any other power: internal or external. A country
cannot have its own constitution without being sovereign. India is a sovereign country. It is free from external
control. It can frame its policies. India is free to formulate its own foreign policy.

Socialist: The word socialist was not there in the Preamble of the Constitution in its original form. In 1976,
the 42ndAmendment to the Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The word
‘Socialism’ had been used in the context of economic planning. It signifies major role in the economy. It also
means commitment to attain ideals like removal of inequalities, provision of minimum basic necessities to all,
equal pay for equal work. When you read about the Directive Principles of the State Policy, you will see how
these ideals have been incorporated as well as partly, implemented in the Constitution.

Secularism: In the context of secularism in India, it is said that ‘India is neither religious, nor irreligious nor
anti-religious.’ Now what does this imply? It implies that in India there will be no ‘State’ religion – the ‘State’
will not support any particular religion out of public fund. This has two implications, a) every individual is free
to believe in, and practice, any religion he/ she belongs to, and, b) State will not discriminate against any
individual or group on the basis of religion.

Democratic Republic: As you have noticed while reading the Preamble to the Constitution, that the
Constitution belongs to the people of India. The last line of the Preamble says ‘…. Hereby Adopt, Enact And
Give To Ourselves This Constitution’. In fact the Democratic principles of the country flow from this
memorable last line of the Preamble. Democracy is generally known as government of the people, by the
people and for the people. Effectively this means that the Government is elected by the people, it is
responsible and accountable to the people. The democratic principles are highlighted with the provisions of
universal adult franchise, elections, fundamental rights, and responsible government. These you will read in
subsequent lessons.
The Preamble also declares India as a Republic. It means that the head of the State is the President who is
indirectly elected and he is not a hereditary ruler as in case of the British Monarch. Under chapter of Union
Executive you will read in detail about the election of the President of India .

Justice, Liberty and Equality:

The struggle for freedom was not only against the British rule but their struggle should also usher in an era of
restoring the dignity of men and women, removal of poverty and end to all types of exploitation. Such strong
motivations and cherished ideals had prompted the framers to lay emphasis on the provisions of Justice,
Liberty and Equality to all the citizens of India.

Justice : Justice promises to give people what they are entitled to in terms of basic rights to food, clothing,
housing, participation in the decision-making and living with dignity as human beings. The Preamble covers all
these dimensions of justice – social, economic and political. Besides, the granting of political justice in the
form of universal adult franchise or the representative form of democracy. You will read socio-economic
justice in next lessons.
Liberty: The Preamble also mentions about liberty of thought and expression. These freedoms have been
guaranteed in the Constitution through the Fundamental Rights. Though freedom from want has not been
guaranteed in the Fundamental Rights, certain directives to the State have been mentioned in the Directive
Principles.
Equality: Equality is considered to be the essence of modern democratic ideology. The Constitution makers
placed the ideals of equality in a place of pride in the Preamble. All kinds of inequality based on the concept of
rulers and the ruled or on the basis of caste and gender, were to be eliminated. All citizens of India should be
treated equally and extended equal protection of law without any discrimination based on caste, creed, birth,
religion, sex etc. Similarly equality of opportunities implies that regardless of the socio-economic situations
into which one is born, he/she will have the same chance as everybody else to develop his/ her talents and
choose means of livelihood.

Fraternity, Dignity, Unity and Integrity: In the background of India’s multi-lingual, multi-cultural and
multi- religious society and keeping in view the partition of the country, the framers of the Constitution were
very much concerned about the unity and integrity of our newly independent country. There was a need for
harmonious co-existence among various religions, linguistic, cultural and economic groups. Inclusion of
phrases like ‘dignity of individuals’, ‘fraternity among people’ and ‘unity and integrity of the nation’ in the
Preamble highlight such a need.

Egalitarian: A society, which feels concerned for meeting the needs of all its members, is known as egalitarian
society. An egalitarian state is expected to reduce inequalities among citizens and fulfill minimum
requirements of all.
The Preamble has provided for a vision humane which is, democratic, secular and, therefore, egalitarian.
Therefore, inspite of not being a part of the Constitution, the Preamble has always been given due respect
and regard by the courts while interpreting the Constitution.

SALIENT FEATURES OF THE CONSTITUTION :

So far you have read about the Preamble to the Indian Constitution. In the subsequent paragraphs you are
going to read about the salient features of the Indian Constitution which directly and indirectly flow from the
Preamble, indicating the faith of framers in the ideals, objectives and goals as mentioned in our Constitution.

A Written Constitution
The Indian Constitution is mainly a written constitution. A written constitution is framed at a given time and
comes into force or is adopted on a fixed date as a document. As you have already read that our constitution
was framed over a period of 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and
enforced on January 26, 1950. Certain conventions have gradually evolved over a period of time which have
proved useful in the working of the constitution. The British Constitution is an example of unwritten
constitution. It is to be noted though, that a written constitution is ‘mainly’ an enacted document, there could
be bodies or institutions which may not be included in the constitution but form an important part of
governance. In Indian context one can mention the Planning Commission. It is very important body for
country’s planning and development. But, the planning commission was set up in March 1950, not by an Act
of Parliament, nor as a Part of the Constitution of India. It was set up by a cabinet resolution. The Indian
constitution is the lengthiest in the world. The original constitution had 395 Articles and 8 Schedules, while,
the constitution of USA has only 7 Articles.

A Combination of Rigidity and Flexibility : The Indian Constitution is a unique example of combination
of rigidity and flexibility. A constitution may be called rigid or flexible on the basis of its amending procedure.
In a rigid constitution, amendment of the constitution is not easy. The Constitutions of USA, Switzerland and
Australia are considered rigid constitutions. While, the British Constitution is considered flexible because
amendment procedure is easy and simple. The Constitution of India provides for three categories of
amendments. In the first category, amendment can be done by the two houses of Parliament simple majority
of the members present and voting of before sending it for the President’s assent. In the second category
amendments require a special majority. Such an amendment can be passed by each House of Parliament by a
majority of the total members of that House as well as by the 2/3rd majority of the members present and
voting in each house of Parliament and send to the President for his assent which cannot be denied. In the
third category besides the special majority mentioned in the second category, the same has to be approved
also by at least 50% of the State legislatures
Federal Polity : India has adopted a federal structure. In a federation there are two distinct levels of
governments. There is one government for the whole country which is called the Union or Central
Government. Also there is government for each Unit/State. The United States of America is a federation
whereas the United Kingdom (Britain) has a unitary form of government. In a unitary structure there is only
one government for the whole country and the power is centralised. The Constitution of India does not use
the term ‘federal state’. It says that India is a ‘Union of States’. There is a distribution of powers between the
Union/Central Government and the State Governments. Since India is a federation, such distribution of
functions becomes necessary. There are three lists of powers such as Union List, State List and the Concurrent
List. These lists have been explained in Lesson 8 in detail. On the basic of this distribution, India may be called
a federal system. The supremacy of the judiciary is an essential feature of a federation so that the constitution
could be interpreted impartially. In India, the Supreme Court has been established to guard the constitution.
The makers of our constitution while providing for two sets of government at the centre and in the states
provided for division of powers favouring the Central Government, appointment of the Head of the State
government by the Central Government, single unified judiciary, single citizenship indicate the unitary nature
of our federalism. Therefore, it is said that India has a quasi-federal set up.
Quasi Federal: It means a federal set up where despite having two clear sets of government – central and
the states, more powers are given to the Central Government

Parliamentary Democracy: India has a parliamentary form of democracy. This has been adopted from the
British system. In a parliamentary democracy there is a close relationship between the legislature and the
executive. The Cabinet is selected from among the members of legislature. The cabinet is responsible to the
latter. In fact the Cabinet holds office so long as it enjoys the confidence of the legislature. In this form of
democracy, the Head of the State is nominal. In India, the President is the Head of the State. Constitutionally
the President enjoys numerous powers but in practice the Council of Ministers headed by the Prime Minister,
which really exercises these powers. The President acts on the advice of the Prime Minister and the Council of
Ministers.

Fundamental Rights and Fundamental Duties:

Every human being is entitled to enjoy certain rights which ensure good living. In a democracy all citizens
enjoy equal rights. The Constitution of India guarantees those rights in the form of Fundamental Rights.
Fundamental Rights are one of the important features of the Indian Constitution. The Constitution provides
for six Fundamental Rights about which you will read in the following lesson. Fundamental Rights are
justiciable and are protected by the judiciary. In case of violation of any of these rights one can move to the
court of law for their protection. Fundamental Duties were added to our Constitution by the 42 nd
Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the rights are given as
guarantees to the people, the duties are obligations which every citizen is expected to perform.

Directive Principles of State Policy

The Directive Principles of State Policy which have been adopted from the Irish Constitution, is another unique
feature of the Constitution of India. The Directive Principles were included in our Constitution in order to
provide social and economic justice to our people. Directive Principles aim at establishing a welfare state in
India where there will be no concentration of wealth in the hands of a few. You will read about these
Principles more elaborately in Lesson 7.

Single Integrated Judicial System: India has a single integrated judicial system. The Supreme Court
stands as the apex court of the judicial system. Below the Supreme Court are the High Courts. The High Courts
control and supervise the lower courts. The Indian judiciary, thus, stands like a pyramid with the lower courts
as the base, High Courts in the middle and the Supreme Court at the top.
Independence of Judiciary: Indian judiciary is independent an impartial. The Indian judiciary is free from
the influence of the executive and the legislature. The judges are appointed on the basis of their qualifications
and cannot be removed easily. You will read about the independence of the judiciary in detail in Lesson 12.
Single Citizenship: In a federal state usually the citizens enjoys double citizenship as is the case in the USA.
In India there is only single citizenship. It means that every Indian is a citizen of India, irrespective of the place
of his/her residence or place of birth. He/she is not a citizen of the Constituent State like Jharkhand,
Uttaranchal or Chattisgarh to which he/she may belong to but remains a citizen of India. All the citizens of
India can secure employment anywhere in the country and enjoy all the rights equally in all the parts of India .
Universal Adult Franchise: Indian democracy functions on the basis of ‘one person one vote’. Every
citizen of India who is 18 years of age or above is entitled to vote in the elections irrespective of caste, sex,
race, religion or status. The Indian Constitution establishes political equality in India through the method of
universal adult franchise.
Emergency Provisions: The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times. To cope with such situations, the Constitution elaborates
on emergency provisions. There are three types of emergency; a) emergency caused by war, external
aggression or armed rebellion; b) emergency arising out of the failure of constitutional machinery in states;
and c) financial emergency. About emergency provisions you will read in detail in Lesson 9.

2. Fundamental Rights; Fundamental Duties, Directive Principles of

State Policy. Amendment of the Constitution.
The Fundamental Rights in India enshrined in part III (Article 12-32) of the Constitution of India guarantee civil
liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are
known as "fundamental" as they are most essential for all-round development i.e., material, intellectual, moral
and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by
Constitution i.e., The Fundamental rights have been damaged The Parliament can take strict actions, according
to Article 32.
These include individual rights common to most liberal democracies, such as equality before law, freedom of
speech and expression, freedom of association and peaceful assembly, freedom to practice religion and the
right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.
Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of
the judiciary. The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the
right to enjoy for a proper and harmonious development of personality and life. These rights apply universally
to all citizens of India, irrespective of their race, place of birth, religion, caste or gender. They are enforceable
by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's
Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.

The six fundamental rights are

Right to equality (Article 14–18)
Right to freedom (Article 19–22)
Right against exploitation (Article 23–24)
Right to freedom of religion (Article 25–28)
Cultural and educational rights (Article 29–30)
Right to constitutional remedies (Article 32)
Rights literally mean those freedoms which are essential for personal good as well as the good of the
community. The rights guaranteed under the Constitution of India are fundamental as they have been
incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, this does
not mean that they are absolute or immune from Constitutional amendment.
 Fundamental Duties :
the Fundamental Duties are an important part of Indian Constitution. The duties prescribed,
embody some of the highest ideals preached by our great saints, philosophers, social reformers and
political leaders. No Duties of the Citizen were incorporated in the original constitution of
India at the time of its commencement in 1950.
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in
1976, upon the recommendations of the Swaran Singh Committee that was constituted by the
government earlier that year. The Fundamental Duties help to regulate the behaviour of the
citizens and to bring about excellence in all the spheres of the citizens.

Criticism of Fundamental Duties:

 They are made non-justiciable in nature

 Important duties such tax-paying, family planning etc are not covered
 Vague and ambiguous provisions which are difficult to be understood by a
common man
 Superfluous provisions since they would generally be followed even if
they were not included
 Inclusion as an appendage to the constitution reduces the value and intent
behind FD
Relevance of fundamental duties under Article 51A:

 They serve as a reminder to the citizens that while enjoying their rights, they should
also be conscious of duties they owe to their country, their society and to their fellow
citizens.
 They serve as a warning against the anti-national and antisocial activities like
burning the national flag, destroying public property and so on.
 They serve as a source of inspiration for the citizens and promote a sense of
discipline and commitment among them.
 They create a feeling that the citizens are no mere spectators but active
participants in the realization of national goals.
 They are ideal in nature and lead the citizen in the right direction.
 They help the courts in examining and determining the constitutional validity of a
law.
 For instance, in 1992, the Supreme Court ruled that in determining the constitutionality
of any law, if a court finds that the law in question seeks to give effect to a fundamental
duty, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before
law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
 The importance of fundamental duties is that they define the moral obligations of all
citizens to help in the promotion of the spirit of patriotism and to uphold the unity
of India.
 Fundamental duties make citizen conscious of his social and citizenship
responsibilities and so shape the society in which all become solicitous and considerate
of the inalienable rights of our fellow citizens.

Directive Principles of State Policy :

 The principles that guide the state as it creates policies for its citizens are known
as Directive Principles of State Policy (DPSP). These DPSP serve as a guide for the
state and must be taken into account when drafting any new laws, but a citizen has no
legal authority to compel the state to adhere to the DPSP.
 Part IV of the Indian Constitution lists the Directive Principles of State Policy, popularly
known as the DPSP, from Articles 36 to Article 51. The Directive Principles of State
Policy, which are discussed in this article, are included in the of Indian Polity and
Governance.
 Read about: Salient Features of Constitution of India
 Directive Principles of State Policy History
 The directives provided in the Government of India Act 1935, were integrated as
Directive Principles of State Policy into the Indian Constitution in 1950.
 This notion was taken up by the Constitution’s drafters from the 1937 Irish Constitution,
which itself had been influenced by the Spanish Constitution. The Directive Principles of
Social Policy have had a significant impact on the Directive Principles of the Indian
Constitution.
 DPSP IMPORTANCE

 The founding fathers were aware of the problems the nation had be en facing, including
social, economic, and political regressiveness, unemployment, poverty, and a lack of
education. They outlined the principles and goals to be accom plished in the very
preamble in order to abolish these ills. The goal of the constitution’s creators was to
promote political, economic, and social democracy in India.
 The framers agreed that the people should have access to virtually all of the current
political, social, and economic rights in order to realize this cherished aim. These rights
could be broadly split into two groups.
 Political and Civil Rights
 Social and Economic Rights
 Political and civil rights that, in the opinion of the individual, were within his or her reach
were designated as provisional Fundamental Rights, while the latter were referred to as
Directive Principles of State Policy because they were deemed to be beyond the
individual’s reach under the then-current conditions.

DPSP Features:

 DPSP was referred to as the Constitution’s innovative element by Dr. B.R. Ambedkar.
The Directive Principles and the Fundamental Rights together make up the Constitution’s
philosophy and core. The Fundamental Rights and the Directive Principles were referred
to by Granville Austin as the “Conscience of the Constitution.”
 The state should keep these ideals in mind while creating policy and passing l egislation.
The DPSP assists the state in developing its economic, social, and political programmes.
The state is assisted by DPSP in establishing economic and social democracy. Although
they are not actionable, they aid courts in assessing and determining the legality of laws.

DPSP Classification: Although our Constitution does not expressly classify directive
principles of state policy, they can be divided into three groups based on their substance and
intended use, as follows:
* Socialistic Principles
* Gandhian Principles
* Liberal-Intellectual Principles
1. Socialistic Principles
* These are the guiding ideas that seek to establish socioeconomic justice in society and
pave the way for a welfare state. These guiding principles examine the socialist schoo l and
define the framework of a democratic socialist state. The main goal is to reduce disparities in
income, position, resources, and opportunities (Article 38).
* Through a number of Articles, they give the state directives, including Article 39 A, “Prom ote
Equal Justice and Free Legal Aid to the Poor.”
* Article 42- Provide for fair and decent working conditions and maternity leave;
* Along with numerous other articles, such as Articles 38, 39, 41, 43, and 43A, Article 47 aims
to improve public health through raising people’s standards of living and nutrition.
 2. Gandhian Principles
 These ideas, which are based on Gandhian ideology, embody the reconstruction plan put
forth by Mahatma Gandhi during the national movement. Some of Mahatma Gandhi’s
aspirations were incorporated into the Directive Principles of State Policy, which guide
the State through Articles such:
 Article 43: Individual or corporate promotion of cottage businesses in rural areas;
 Article 47: Prohibits the use of medicines and alcoholic beverages that are harmful to
health;
 Article 48: Articles 40, 43B, and 46 prohibit the slaughter of cows, calves, and other milch
and draught animals and work to enhance their breeds.

 3. Liberal-Intellectual Principles
 These beliefs are a reflection of liberalism’s philosophy. They provide the state specific
instructions under several articles, such as Article 44, which says to “secure for all
citizens a uniform civil code across the country.”
 Article 48—Organise agriculture and animal husbandry on modern, scientific lines;
 Article 48A; Article 49; Article 50; and Article 51—Provide early childhood care and
education for all children until they reach the age of six;

DPSP Implementation:

 A new provision, Article 21-A, was added to the Constitution as part of the 86th
constitutional amendment in 2002. It aims to provide all children between the ages of 6
and 14 with free and mandatory education. The Right to Education (RTE) is currently in
effect as well.
 Both the federal and state governments are implementing welfare programs for the less
fortunate. The Prevention of Atrocities Act, 1989 was passed by the government to
safeguard scheduled castes and scheduled tribes from atrocities and prescribed harsh
penalties for such atrocities.
 The Minimum Salaries Act of 1948 gives the government the authority to set minimum
wages for workers in a variety of professions. Equal compensation for equal work is
guaranteed under the Equal Remuneration Act of 1976 for both men and women.
 The Constitution’s 73rd and 74th Amendments provide (1991 & 1992 respectively). Since
receiving constitutional status and additional authority, Panchayati Raj has expanded to
nearly all states and Union Territories. In all criminal proceedings, legal help at the
state’s expense must be provided if the defendant cannot afford to hire an attorney.
 All States and Union Territories, with the exception of Jammu and Kashmir and
Nagaland, have established judicial-executive separation. The DPSP has had some effect
on Indian foreign policy as well. India has previously denounced all acts of violence and
supported the UN’s peacekeeping missions. India has supported nuclear disarmament as
well.
 DPSP CRITICISM:

 The critics said that these directions lack legal authority when they are put into practice.
There is no legal recourse for the infringement of these standards. They are only
assertions of intentions that the State should carry out; the Constitution neither makes
them justiciable nor specifies a deadline for securing them. They are “a cheque payab le
by the bank at its convenience,” says critic T. Shah.”
 The DPSP is not entirely clear. For instance, the Directive Principle, which aims to foster
world peace and amicable cooperation among all nations, lacks clear implementation
requirements.
 Some of the principles lack applicability. Some of the recommendations in Part IV cannot
be put into practice in the real world. Prohibition was instituted in Haryana, but it proved
to be nearly impossible to carry out. As a result, the Haryana Government was force d to
abandon it. Due of the practical challenges associated with implementing prohibition,
legislation cannot be used to enforce prohibition.
 Due to its inclusion of ancient and foreign intellectual underpinnings built around Fabian
Socialist, which nearly lost all relevance in the modern world, Directive Principles is being
questioned. Many detractors believe that their listing in Part IV has made matters more
difficult to understand because the Preamble of Indian Constitution makes explicit the
ideals outlined here. Directive principles are intended to act as pious vows to convey the
idea of the reasonable and beneficial use of political power. By making promises rather
than taking action, they hope to gain support.

AMENDMENT OF THE CONSTITUTION:

amendment, in government and law, an addition or alteration made to a constitution, statute, or
legislative bill or resolution. Amendments can be made to existing constitutions and statutes and are
also commonly made to bills in the course of their passage through a legislature. Since amendments to
a national constitution can fundamentally change a country’s political system or governing institutions,
such amendments are usually submitted to an exactly prescribed procedure.

TYPES OF AMENDMENT :
Article 368 of the Indian Constitution has provided for two types of amendments, that is by a special majority of
Parliament and the special majority of parliament along with the ratification of half of the state’s legislatures by a
simple majority.

Certain provisions of the Constitution require amendment by a simple majority of each house, that is, a majority of
members of each house present and voting (similar to ordinary legislation). These amendments are not considered
to be amendments under Article 368.
It clearly means that the amendment of Indian Constitution is possible in three ways:
1. Amendment by a simple majority of the Parliament,
2. Amendment by a special majority of the Parliament, and
3. Amendment by a special majority of the Parliament, and the ratification of half of the state
legislatures.
 PROCEDURE FOR AMENDMENT AS PER ARTICLE 368 : The procedure for amendment of the
Indian Constitution as per Article 368 is as follows:
An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in
either House of Parliament and not in the state legislature.

 The bill does not require the prior permission of the President for introduction in the Parliament.
 The bill shall be presented by a minister or a private member.

 The bill must be passed in each house by a special majority i.e., the majority of the total membership of the
house and the majority of two third of members of the house present and voting.
 Each house must have to pass the bill separately and there is no provision for joint sitting if any case of
disagreement arises between the two houses.
 If the bill seeks to amend the federal feature of the constitution, it must also be ratified by half of the state
legislature with a simple majority.
 After duly passed by both houses and ratified by the states (if requires), the bill is presented to the
president for his assent.
 The President can neither withhold nor return the bill for the reconsideration purpose of the parliament.
Hence, President must have to give his assent to the bill.
 After the assent of the President, the bill will become an Act.

Simple Majority : his refers to the majority of more than 50% of the members present and voting and it
is outside the ambit of Article 368. This is also known as the functional majority or working majority. The
simple majority is the most frequently used form of majority in Parliamentary business. When the constitution
or the laws do not specify the type of majority needed, the simple majority is considered for voting.
To understand the simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the
total strength of 545, 45 were absent and 100 abstained from voting on an issue. So only 400 members were
present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201.

Cases where the simple majority is used:

1. To pass Ordinary/Money/Financial bills.
2. To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.
3. For the removal of the Vice President majority required in Lok Sabha is the simple majority – A67(b).
4. To declare a financial emergency.
5. To declare a state emergency (President’s rule).
6. Formation of new states and alteration of areas, boundaries or names of existing states,
7. Abolition or creation of legislative councils in states,
8. Use of official language,
9. Citizenship – acquisition, and termination,
10. Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures.
11. Fifth Schedule – administration of scheduled areas and scheduled tribes,
12. Sixth Schedule – administration of tribal areas.
 What is Special Majority?
All types of majorities other than the absolute, effective or simple majority are known as the
special majority. A special majority are of 4 types, with different clauses.
The two most significant provisions that can be changed by a special majority are the
Fundamental Rights and Directive Principles of State Policy (DPSP), however, any changes must
stay within the constraints of the Basic Structure of the Constitution.

 Type 1 – Special Majority as Per Article 249.

 Type 2 – Special Majority as per Article 368.
 Type 3 – Special Majority as per Article 368 + 50 per cent state ratification by a simple majority.
 Type 4 – Special Majority as per Article 61.

Special Majority as Per Article 249: Special majority as per article 249 requires a majority of
2/3rd members present and voting. For example, if out of the 245 members in Rajya Sabha, only
150 are present and voting, then the special majority required as per article 249 would be 101.

Cases where special majority as per article 249 is used: To pass the Rajya Sabha resolution
to empower the parliament to make laws in the state list. (valid up to 1 year, but can be extended
any number of times).

Special Majority as Per Article 368: Special majority as per article 368 requires a majority
of 2/3rd members present and voting supported by more than 50% of the total strength of the
house. This type of majority is used for most of the Constitutional amendment bills. To pass a
constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members,
the bill should be favoured by more than 2/3rd of the members present and voting.

Cases where special majority as per article 368 is used:

1. To pass a constitutional amendment bill which does not affect federalism.

2. Removal of judges of SC/HC.
3. Removal of CEC/CAG.
4. Approval of a national emergency requires a special majority as per Article 368 in both houses.
5. Resolution by the state legislature for the creation/abolition of the Legislative Council (Article
169).

Special Majority as Per Article 368 Plus State Ratification: This type of special majority is
required when a constitutional amendment bill tries to change the federal structure. Special
majority as per article 368 plus state ratification requires a majority of 2/3rd members present and
voting supported by more than 50% of the state legislatures by a simple majority.

Cases where special majority as per article 368 plus state ratification is used: To pass a
constitutional amendment bill which affects federalism like the position of High Court Judges.

Special Majority as Per Article 61 : Special majority as per article 61 requires a majority
of 2/3rd members of the total strength of the house. In Lok Sabha, the special majority as per
article 61 is 364 while in Rajya Sabha, the special majority as per article 61 is 164.

Cases where special majority as per article 61 is used:

Amendability of Fundamental Rights and Evolution of Basic
Structure:
The question of whether Fundamental Rights can be amended by the Parliament under 368 or
not was the reason for the evolution of the basic structure. Important incidents related to this are:
Shankari Prashad Case, 1951: Supreme Court ruled that the power of Parliament to amend the
Constitution under Article 368 also includes the power to amend the Fundamental Rights.

Golakhnath Case, 1967: Supreme Court reversed its earlier judgement. Here, the Supreme
Court ruled that Fundamental Rights are given a “transcendental and immutable” position. So,
the Parliament cannot abridge or take away any of the Fundamental Rights.

24th Amendment Act, 1971: The Parliament reacted to the Court’s judgement in the Golakhnath
Case 1967. The act amended Articles 13 and 368 and declared that Parliament has the power to
abridge or take away any of the Fundamental Rights under Article 368 and such an act will not be
a law under the meaning of Article 13.

Kesavananda Bharati Case, 1973: Supreme Court overruled its judgement made in Golakhnath
Case and stated that the Parliament is empowered to take away any of the Fundamental Rights
but at the same time it introduced a new doctrine of the “Basic Structure”. It ruled that the Power
of Parliament under Article 368 does not enable it to alter the “Basic Structure/Feature” of the
Constitution and declared Fundamental Rights, a basic structure of the Constitution.

42nd Amendment Act, 1976: The act amended article 368 and declared that there is no
limitation on the constituent power of Parliament and no amendment can be questioned in any
court.

Minerva Mills Case, 1980: In this case, Supreme Court invalidated the provision as it excludes
judicial review which is a “basic feature” of the constitution.

Waman Rao Case, 1981: Supreme Court further clarified that the doctrine of Basic Structure
would apply to the constitutional amendment enacted after 24 April 1973 (i.e., after the date of
the judgement of the Keshwanand Bharti case).

Important Amendments of the Indian Constitution

Here is a list of some major amendments to the Indian Constitution:

1. First Amendment (1951): This amendment protected the rights of property owners and made
it more difficult for the government to enact land reform measures. It also added the Ninth
Schedule, which protected certain laws from being challenged in the courts.
2. Fourth Amendment (1955): This amendment authorized the government to take over the
management of “absentee landlord” estates, which were estates owned by landlords who did
not live on or manage the land.
3. Seventh Amendment (1956): This amendment extended the powers of the government to
acquire property for public purposes and to provide compensation to the owners.
4. Eleventh Amendment (1961): This amendment authorized the government to take over the
management of “inam” lands, which were lands granted to individuals or institutions by the
government.
5. Sixteenth Amendment (1966): This amendment authorized the government to levy taxes on
agricultural income.
6. Eighteenth Amendment (1971): This amendment made significant changes to the Indian
Constitution, including the creation of a new state (Meghalaya), the inclusion of a new
language (Santali) in the Eighth Schedule, and the abolition of the privy purses of the former
rulers of the princely states.
 7. Twenty-fifth Amendment (1971): This amendment recognized the right to property as a legal
right rather than a fundamental right.
8. Thirty-ninth Amendment (1975): This amendment protected the constitutional position of the
state of Sikkim after it was merged with India.
9. Forty-second Amendment (1976): This amendment made a number of changes to the Indian
Constitution, including the addition of the words “secular” and “socialist” to the Preamble and
the insertion of the Fundamental Duties of citizens.
10. Forty-fourth Amendment (1978): This amendment reversed many of the changes made
by the Forty-second Amendment and restored the rights and freedoms of citizens.
11. Fifty-second Amendment (1985): This amendment recognized the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act as a fundamental right.
12. Sixty-first Amendment (1989): This amendment lowered the voting age from 21 to 18.
13. Sixty-ninth Amendment (1991): This amendment recognized the capital city of Delhi as a
Union Territory with a legislature.
14. Seventy-third Amendment (1992): This amendment recognized the right to panchayats
(local self-governments) as a fundamental right and provided for the reservation of seats for
Scheduled Castes and Scheduled Tribes in panchayats.
15. Seventy-fourth Amendment (1992): This amendment recognized the right to
municipalities (local self-governments) as a fundamental right and provided for the reservation
of seats for Scheduled Castes and Scheduled Tribes in municipalities.
16. Seventy-seventh Amendment (1995): This amendment provided for the reservation of
seats for Scheduled Castes and Scheduled Tribes in posts in cooperative societies.
17. Ninety-third Amendment (2006): This amendment provided for the reservation of seats for
Scheduled Castes and Scheduled Tribes in higher education institutions.
18. Ninety-fifth Amendment (2009): This amendment provided for the reservation of seats for
Scheduled Castes and Scheduled Tribes in the promotion to government jobs.
19. One hundred and third Amendment (2019): This amendment provided for the reservation
of seats for economically weaker sections of society in higher education institutions.

3. EXECUTIVE: UNION AND THE STATES.

EXECUTIVE: The second but most powerful organ of the government is the Executive. It is that organ which
implements the laws passed by the legislature and the policies of the government. The rise of welfare state
has tremendously increased the functions of the state, and in reality of the executive. In common usage
people tend to identify the executive with the government. In contemporary times, there has taken place a
big increase in the power and role of the executive in every state.

UNION: The Union Executive consists of the President, along with Vice-President, Council of Ministers, and
Attorney-General.The President at the Union constitutes as the head of the state in whose name the
executive powers are vested but who do not exercise them.They constitute the nominal or titular executive
(de jure head).The Prime Minister and his council of ministers at the union level exercise all the power
vested in the nominal executive. They constitute the real executive (de facto head).

THE STATES: State executive consists of Governor and Council of Ministers with Chief Minister as its head.
The Governor of a State is appointed by the President for a term of five years and holds office during his
pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office.
(A) PRESIDENT, PRIME MINISTER, AND THE COUNCIL OF MINISTERS:

i) PRESIDENT: The makers of The Constitution of India adopted the Parliamentary System of executive for the
governments both at the National and State levels. According to this system, there is a President who is the
formal Head of the State and the Prime Minister and the Council of Ministers, which run the government at
National level. The Constitution of India vests the executive power of the Union in the President. The President
exercises these powers through the Council of Ministers headed by the Prime Minister.
Articles 52 to 78 in Part V of the Constitution deals with the Union Executive.

The President: According to Article 52, there shall be a President of India.

Article 53 says, that the President shall be the head of the Union Executive.
Under this article we will learn about the following topics related to the President of India:

1. Election, Qualification, Terms and Tenure, Impeachment

2. Powers and Function

 Administrative Powers
 Military Powers
 Diplomatic Powers
 Legislative Powers
 Ordinance-Making Powers
 Judicial Powers
 Emergency Powers
 Veto Powers

Discretionary Powers

Election Of The President

Article 54 deals with the Election of the President.

According to the Constitution, the President of India is elected by an ‘electoral college’

through proportional representation by means of single transferrable vote.

The Electoral College consists of the elected members of both the houses of the Parliament and
the elected members of Legislative assemblies of the states. (Including Delhi, Puducherry).

(It means the 12 nominated members of Rajya Sabha, 2 nominated Anglo-Indian members of Lok
Sabha, 1 nominated Anglo-Indian member of Legislative assembly in the state – do not take part in
this election. Similarly, no member of legislative council of the state participate in the election).

In this election value of vote of MP’s and MLA’s are calculated to make a striking balance between
the center and the state within Indian Federal setup. Since President represents entire
population therefore, in the calculation of value of vote, population is also taken into consideration.
The value of vote is calculated in such a manner as the total value of votes of MP’s would be almost
equal to total value of votes of MLAs of all the state including Delhi and Puducherry. It is calculated
as –
 (At least 50% votes must be secured by the Candidate).

Proportional Representation by Means of Single-Transferable Vote

The method of election for President is proportional representation by means of single-

transferable vote.

 In this system the preferential voting system is used, which means every voter has to cast his
vote in order of preference.
 In the first round of counting only 1st choice vote is counted, if no candidate gets vote up to the
Quota, then the candidate having lowest number of 1st choice vote is eliminated from the race and
his 2nd choice vote is added to the remaining candidate as per preference in 2nd round of counting.
 This process goes on till a candidate gets up to the Quota.

Qualifications For The President

In order to be qualified for election as President, a person must be-

1. He must be a citizen of India.

2. He must have completed 35 years of age.
3. He must have the qualification to become a member of houses of the people (Lok Sabha).
4. He must not hold any office of profit.

The following are not disqualified for election as President:

 A sitting President
 A sitting Vice-President
 Governor of any State
 Minister either for the Union or any State.

Terms And Tenure

1. The normal tenure of President is 5 years (from the date he enters upon his office).
2. He is eligible for re-election for any no. of times as the Constitution is silent about it.
3. The office of President can be declared vacant on the following grounds:
o If he dies
o If he is declared disqualified by the Supreme Court.
o If he resigns, writing under his own hand addressed to Vice-President of India.
4. If he is impeached.

Any disputes regarding election of the President or Vice-President or about their

disqualification can be decided only by the Supreme Court.

Impeachment Of The President

According to Article 61, the President of India can be impeached only on the ground of violation
of the constitution. Thus, there is no other way to remove the President from the office of
President. The process of impeachment is as follows:

 Impeachment is a quasi-judicial process solely decided by the Parliament.

 For impeachment, a resolution can be initiated in either house of the Parliament, only if it is
supported in writing by at least 1/4th of the total members of that House.
 A 14-day prior notice must be given to the President showing the intention of the house for
impeachment.
 If the house passes the resolution by not less than 2/3rd of the total members of that house, then
it is transmitted to another house, which acts as investigating house.
 In this House the charges preferred against the President is investigated by a selected
committee of the house.
 During Investigation, president may defend himself or may be defended by any person or a legal
practitioner of his choice or by Attorney General.
 After investigation, if this house also passes the resolution by not less than 2/3rd of the total
members of house. The President stands impeached from that date.

Powers And Duties Of The President

According to Article 53, the President of India shall be the head of the ‘executive power’ of the
Union.

By executive power, it means the ‘the power of carrying on the business of government’ except
functions that are vested in any other authority by the constitution.

The Supreme Court has included the following functions under the ambit of executive powers:

 Policy-making
 Execution of policies
 Maintenance of law and order
 The promotion of social and economic welfare
 The direction of foreign policy
 The general administration of the State.

The Powers of the President are as follows:

1. Administrative Powers: The execution of the laws and the administration of the departments
of government.
2. Military Powers: The command of the armed forces and the conduct of war.
3. Legislative Powers: The summoning, prorogation etc., of the legislature, initiation of and
assent to legislation and the like.
4. Judicial Powers: Granting of pardons, reprieves, etc., to persons convicted of crime.

Constitutional Limitations on Power of President

 Article 53(1)- He must exercise these powers according to the Constitution Art 53(1). For
example: he can appoint the council of ministers only on the advice of the Prime Minister.
 Article 74(1)- It is obligatory for the President to exercise his executive powers in accordance
with the advice of his Council of Ministers. This was explicitly made clear via 42nd Amendment.
And, after 44th Amendment it was made clear that the President can advise the Council of
 Ministers to reconsider their advice. But after such reconsideration the President is bound by such
advice.

Administrative Powers
Since, the President is the head of Union Executive, all the administrative decisions of the union
are taken in the name of the president.

But the Indian President does not control or supervise over the Departments of the Government. He
is only the formal head of the administration.

Also, according to the Article 78(b), the President has the right to be informed of the affairs of the
Union.

He makes following appointments:

 The Prime Ministers and on his advice other ministers

 The Attorney General of India.
 The Chief Justice and Judges of Supreme Court and High Court.
 The Governor of the state and Lieutenant Governor of the union territory
 The Comptroller and Auditor General of India.
 The Chief Election Commissioner of India
 The Chairman and member of UPSC and JSPSC

Some of the official are removed by the President also i.e., the Attorney General of India, the
Governors and Lieutenant Governor, the Chairman of UPSC, JSPSC and SPSC. (The chairman
and members of SPSC are appointed by the Governor but removed by the President).

Military Powers
According to the Constitution of India:

 The President is Supreme Commander of the Armed Forces.

 He appoints Chief of the Armed Forces.
 The Declaration of war and peace is done by the President. However, this power can be limited
by the Parliament.

Diplomatic Powers

 The President is empowered to conclude treaty or negotiate agreement with foreign state subject
to ratification by the Parliament.
 He sends and receives diplomatic representatives including Ambassadors.

Legislative Powers
The President is an integral part of the Parliament. He performs following legislative functions:

 He sent messages, summons and prorogues to both Houses of the Parliament and can dissolve the
Lok Sabha.
 He causes the budget to be placed before the Parliament.
 Certain bills require his prior permission for introduction in the Parliament i.e., Money Bill.
Financial Bill and Bill for creation of new state etc.
 No bill can become law without the assent of the President.
 He nominates 12 members to the Rajya Sabha and 2 Anglo- Indian members to the Lok Sabha.

Ordinance Making Powers

According to Article 123, if Parliament is not in session and there is an urgency to pass any law;
then President on the advice of Union Council of Ministers, then President can issue ordinances.
 Ordinances is considered as a temporary law, having maximum validity period of 6 months.
However, within this period when Parliament re-assembles, in order to continue it a law, it must
be passed by both the houses within 6 weeks from the date of re-assemblance of the Parliament;
otherwise it ceases to exist after the expiry of the said period.
Veto Power
It is a negative power, the President of India is having a variety of Veto powers such as absolute
veto, suspensive veto and pocket veto. The Veto cannot be exercised on 2 types of bills:

 Money Bill
 Constitutional Amendment Bill

Other than these two bills, if a bill is passed by both the houses of the Parliament and presented to
the President for his assent; and the bill is rejected by the President, there is death of the bill, this is
called as Absolute Veto.

However, the President can exercise Absolute Veto only on two types of Bills –

 A private member bill

 A state bill if reserved by the Governor for the consideration of the President.

Therefore, the Absolute Veto power of the President is very limited.

If the bill is passed by both the houses of the Parliament and presented to the President, the President
has the power to return the bill to the originating house ‘once’ for its reconsideration by both the
houses this is called as Suspensive Veto. In fact, while returning the bill for reconsideration,
President suspend it for temporary period. However, if the bill is considered by both the houses and
again presented to the President, it is mandatory for the President to give his assent.

If a bill is passed by both the houses of the Parliament, sent to the President for his assent; and the
President sit over the bill for indefinite period it means neither he gives his assent nor returns the
Bill for reconsideration. This is called as Pocket-Veto.

He can exercise Pocket-Veto because constitution is silent about the time limit within which and
President is required to give his assent.

Twice Indian President exercise Pocket Veto, 1st time it was exercised by President Dr. Rajendra
Prasad on ‘Hindu Code Bill’ and 2nd time by President Gyani Zail Singh on Indian Postal Bill’.

Judicial Powers
The President has the power to pardon, reprieve, respite or to remit, commute or suspend the
punishment of any accused person if-

 punishment is given by Military Court under Court Martial.

 punishment is given for the crime related subject on which union-parliament has the power to
make law.
 it is a death sentence.

Some of the terms are:

Pardon: Pardon means to set the offender completely free or to absolve him completely.

Commutation : It means exchange of one form of punishment into another lighter form. i.e.,
Death Sentence to life imprisonment.

Remission: Reduction in the amount of punishment without changing its nature. i.e., 10 years of
imprisonment can be remitted to 5 years of imprisonment.
 Respite ;It means awarding a lesser punishment on special ground. i.e., In case of pregnant
offender, rigorous imprisonment can be changed into simple imprisonment.

Reprieve: It means temporary suspension of death sentence.

Emergency Powers
This is an extra ordinary power assigned to the President by the Constitution to deal with extra-
ordinary situations. There are 3 types of Emergencies:

 National Emergency (Article 352)

o If there is a serious threat to the Nation or any part of it, due to war, external aggression and armed
rebellion;
o The President on the advice of Union Council of Ministers can declare National Emergencies. In
original Constitution the ground for National Emergency were war, External Aggression and
internal disturbance. However, the term ‘Internal-Disturbance’ was replaced by ‘Armed-
Rebellion’ by 44th Amendment Act, 1978 by Janta Party Government.
o By this amendment it was also added that the President can declare National Emergency only if
there is a written request by Council of Ministers, not below the rank of Cabinet.
o Infact, the word ‘Cabinet’ appears only once in the Constitution, that is in Article 352 and it was
added by 44th Amendment Act, 1978.
o When National Emergency is declared, all the Fundamental Rights may be suspended except
Article 20 and 21.

 State Emergency (Article 356)

o Under Article 356, on the basis of the report of the Governor or otherwise if the President is
convinced that there is break down of the constitutional machinery in the state or law and order
situation in the state has been collapsed, then on the advice of Union Council of Minister,
President can impose President rule in that state.

o If the President rule is imposed then on the behalf of the President, Governor takes over the reign
of administration into its own hands and runs it with the support of civil servants.
 Financial Emergency (Article 360)
o Under Article 360, if there is an acute financial crisis in the country or any part of it or there is a
threat to the credit system of India, the President on the advice of Union Council of Ministers can
declare Financial Emergency.

o If Financial Emergency is declared there may be drastic cut in the Government expenditure
including salary and allowances of Government servants.
o No Financial Emergency have been declared so far.

Discretionary Power
The Discretionary power of the President is situational and not constitutional. Constitution
simply says the President shall exercise his functions on the advice of Union Council of Minister,
provided he can return such advice once for reconsideration and after reconsideration by the
Council of Ministers, he is bound to follow it.

In following situations President can exercise his discretion –

 In selecting the Prime Minister, if no party attains required majority in the Lok Sabha and a
coalition government is to be formed and more than one claimants are there for the post of Prime
Minister. In this situation, President can appoint a person who in his opinion can provide stable
Government and prove majority in the Lok Sabha.
 If no confidence motion is passed in the Lok Sabha against the Government and before regaining
the Council of Minister advices the President to dissolve the Lok Sabha and conduct fresh
election, the President is not bound to act or accept the advice of defeated Council of Ministers.
 While exercising Pocket-Veto, Council of Minster advice is not needed/taken.
  In returning the advice of Council of Minister once for its reconsideration.
 In Returning the Bill passed by the Parliament once for its reconsideration (Suspensive Veto).

PRIME MINISTER : Prime Minister of India is the head of the government of India. Article 75
says that the Prime Minister shall be appointed by the president. The Prime Minister can be a
representative of either of the two houses in the Indian Parliament, According to the norms of the
parliamentary form of government, the President must designate the leader of the majority party
in the Lok Sabha as Prime Minister. Constitutionally, the Prime Minister may be a member of any
of the two Houses of parliament.

Prime Minister of India

 The prime minister is both the head of government and the real executive of the Indian
system.
 Article 74 states that “There shall be a Council of Ministers with the Prime Minister at the
head to aid and advise the President.”
 Article 75 mentions three things:
o The President appoints the PM and other ministers are appointed by the President on
the advice of the PM.
o Ministers hold their office during the pleasure of the President;
o The Council of Ministers is collectively responsible to the Lok Sabha.
 Article 78 states that the Prime Minister communicates all decisions made by the council
of members to the President.
 The President can also refer issues for the consideration of the council of members.

Prime Minister - Union Executive - Appointment

 Indirect election: The Prime Minister is appointed by the President.

 The President must designate the leader of the majority party in the Lok Sabha as
Prime Minister in line with the norms of the parliamentary form of government.
 However, if no party has a clear majority in the Lok Sabha, the President may use his
own discretion in selecting and appointing the Prime Minister.
 In such a case, the President normally selects the Prime Minister as the leader of the
largest party or coalition in the Lok Sabha and instructs him to seek a vote of confidence
in the House within a month.
 The President used this discretion for the first time in 1979, when Neelam Sanjiva
Reddy (then President) named Charan Singh (the coalition leader) as Prime Minister
following the fall of the Janata Party administration led by Morarji Desai.
 There is one further case in which the president may have to use his discretion in
selecting and appointing the Prime Minister.
 However, if the governing party elects a new leader after the death of an existing Prime
Minister, the President has no choice but to appoint him as Prime Minister.(Appointed
Rajiv Gandhi as PM after the death of Indira Gandhi, by then President Zail Singh).
 According to the Constitution, the Prime Minister may serve in either of the two Houses
of Parliament.

Three Prime Ministers, for example, were Rajya Sabha members: Indira Gandhi (1966),
Deve Gowda (1996), and Manmohan Singh (2004).

Power And Functions Of The Prime Minister

With Respect to the Council of Minister

 The PM recommends a person to the President for appointment as ministers.

 Portfolio allocation: The Prime Minister has the ability to appoint Ministers to portfolios.
 Chairman of the Cabinet: The Prime Minister presides over Cabinet sessions as the chairman of
the Cabinet.
 If there is a significant difference of opinion among the members, he has the authority to enforce
his judgment.
 The PM can ask for the resignation of any minister.
 He guides, directs, controls and coordinates the activities of all the ministers.
 If the PM resigned from his office the Council of Ministers also collapsed.
 Representative: The Prime Minister is the country's official representative at high-level
international gatherings.

In relation with the President

 Chief Advisor: The PM acts as a principal channel of communication between the President and
Council of Ministers.
o He serves as the President's chief advisor.
 The PM has to communicate the decision of the Council of Ministers relating to administration of
affairs of the Union and proposal for legislation to the President.
 The PM advises the President regarding appointment of the various important officials like
Attorney General, CAG, Chairman and member of the UPSC, Chairman and member of the
Finance Commision and so on.

With Respect to the Parliament

 The Prime Minister is the leader of the lower house.

 The PM can recommend the President about the prorogued and summoning the sessions of the
Parliament.
 The PM can recommend the dissolution of the Lok Sabha at any time to the President.
 The PM announces the government policies on the floor of the houses.

Some other functions and powers of the PM

 The PM is the chairman of Niti Aayog, NDC, National Integration Council, National Water
Resource Council and Inter-state council.

COUNCIL OF MINISTERS
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.
Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and
advise the President, article 75 mentions the following things: They are appointed by the President on the
 advice of Prime Minister They along with the Prime Minister of India form 15% of the total strength of the
lower house i.e. Lok Sabha. (The number cannot exceed 15%)

91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a
member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked
article.)

A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive
months.
Parliament decides the salary and allowances of the council of ministers.
Is the advice tendered by the Council of Ministers’ binding on the President?
Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment Act
1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given by the council cannot
be inquired into by any court. Read about the 42nd Amendment Act and the 44th Amendment Act in the
linked articles given below:
42nd Amendment Act
Collective Responsibility of the Council of Ministers
In England, the Cabinet system is based on conventions. The framers of our Constitution considered it fit
to incorporate the system in the Constitution. The principle of collective responsibility finds a place in Art.
75(3) where it is stated that the Council of Ministers shall be collectively responsible to the Lok Sabha. In
other words, this provision means that a Ministry which loses confidence in the Lok Sabha is obliged to
resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any other important
policy measure or by passing a motion of no-confidence or rejecting a motion expressing confidence in
the Ministry. When a Ministry loses the confidence of the Lok Sabha the whole of the Ministry has to
resign including those Ministers who are from the Rajya Sabha. The Ministers fall and stand together. In
certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for fresh elections.
Types of Ministers: The Indian Constitution does not categorize ministers into ranks, however, in practice
seen in India, ministers are of four types:
Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.
Minister of State with independent charge—He is a Minister of State who does not work under a Cabinet
Minister. When any matter concerning his Department is on the agenda of the Cabinet, he is invited to
attend the meeting.

Minister of State—He is a Minister who does not have independent charge of any Department and works
under a Cabinet Minister. The work to such Minister is allotted by his Cabinet Minister.
Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of State with
independent charge. His work is allotted by the Minister under whom he is working.

(B) GOVERNOR, CHIEF MINISTER AND THE COUNCIL OF MINISTERS

The state executive consists of the Governor, Chief Minister, Council of Ministers, and Advocate-General of State.
Governor, as President, heads the state government. The provisions related to the state governments of the country
are dealt with by the articles 153-167 of the Indian Constitution.
APPOINTMENT OF THE GOVERNOR

Article 153 of the Indian Constitution says that each state of the nation should have a governor. The governor is
appointed by the President. Under the 7th Constitutional Amendment, it was stated that there can be the same governor
for two different states.

The Qualification that one needs to be eligible for a governor of a State/States are the following

1. They must be a citizen of the country.

2. They should be 35 years and above. Once the Governor is selected,

1. He shall be appointed to a state to where he belongs

2. Consult the Chief Minister of the state about where to be appointed

SPECIAL POWERS OF THE GOVERNOR:

The powers of the Governor that are granted to him by the Indian Constitution can be broadly classified into
four categories, that is Executive, Legislative, Financial, and Judicial.

1. Executive Powers
Some of the executive Powers of the Governor are –

He is responsible for the appointment of the advocate general of states and also determines their
remuneration.
Chief Ministers and other ministers of the states are appointed by the Governor
He acts as the President’s agent during the President’s rule in the state.
Every executive action taken by the state government is to be taken in his name.

2. Legislative Powers
Some of the Legislative Powers of the Governor are –
Governor may/may not send a bill to the state legislature concerning any bill that is pending in the state
legislature.
The state legislature is addressed by him in the first session of every year.
Then the Governor appoints a person to preside over the session the speaker and the deputy speaker of the
legislative assembly are absent.
He has the authority to consult the Election Commission for the disqualification of members.

3. Financial Powers
Some of the Financial Powers of the Governor are –

The Governor looks over the state budget being laid in the state legislature.
He makes advances to meet unforeseen expenditures as the contingency fund of the state is under him.
Every five years, the state finance commission is constituted by him.
4. Judicial Powers
Some of the Judicial Powers of the Governor are –

His recommendation is sought by the President before the appointment of the high court judges.
In consultation with the state High Court, the Governor makes appointments, postings, and promotions of
the district judges.
He also appoints persons to the judicial services with the consultation of the state high court and the state
public service commission.

7th Constitutional Amendment

Some of the most comprehensive changes in the Indian Constitution were bought in by the 7th Constitutional
Amendment, back in the year 1956. It was exclusively designed to implement the State Reorganisation Act.
The 7th Amendment Act amended the articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220,
222, 224, 230, 231 and 232.
Some of the changes that were brought forward by this Amendment Act are –

1. It allowed two different states to have the same Governor.

2. It provided for a maximum of 500 members directly elected from territorial constituencies in the States, and
a maximum of 20 members chosen from the Union Territories to the Lok Sabha.
3. Allowed a common high court for two or more states.
4. The maximum strength of the Legislative Council of a State was raised from onefourth to one-third of the
strength of the Legislative Assembly of that State.
5. Relaxed the complete ban on practice by retired judges of the High Courts and made provisions for them to
practice in the Supreme Court and in any High Court other than the one in which he/she was a permanent
judge.
6. Ordered the states to provide facilities for instruction in their mother tongue at the Primary stage to children
belonging to linguistic minority groups. These amendments were needed to implement the recommendations
of the States Reorganisation Commission regarding the reorganization of the states on a linguistic basis.

Chief Minister and the Council of Ministers :

Once the Legislative Assembly elections of a particular state get over, the party that gets the largest mandate
by the people of the state gets elected to rule the state. The leader of that party is appointed as the Chief
Minister of the state by the Governor.

Article 74 and 75 of the Indian Constitution deal with the Council of Ministers. The council of ministers is
headed by the prime minister of the country. The salaries and allowances of the council of ministers are
decided by the Parliament.

Appointment of Chief Minister:

The particulars of the chief minister’s appointment are not mentioned in the Indian Constitution. However, one
thing that is absolute is that the Chief Minister of a state is appointed by the Governor of that state.
The leader of the political party that gets the majority of the votes, gets to be appointed as the Chief Minister of
the state. In case, no party gets a majority, then the governor gets to use his discretion and appoint a Chief
Minis
OATH OF CHIEF MINISTER
The Chief Minister takes an Oath in the presence of the Governor of the state before entering the office.
As mentioned in the 3rd schedule, while taking the oath, he/she shall say, “I, A. B., do swear in the name of God
that I will bear true faith and allegiance to the Constitution of India as by law established, 1 [that I will uphold
the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister
for the Union and that I will do right to all manner of people in accordance with the Constitution and the law,
without fear or favour, affection or ill-will.”

Powers of a Chief Minister

Being the leader of the ruling party of the state, the chief minister has been granted some powers by the Indian
Constitution. Some of the powers of the Chief Ministers are as below –

1. HEAD OF THE COUNCIL OF MINISTERS

The chief minister is the head of the council of Ministers. The ministers are appointed by the Governor on the
advice of the Chief Minister and he also has a free hand in making a list of his colleagues. The Chief Minister can
reconstruct his Ministry as and when the need arises.
He further has the right to demand the resignation of any of the ministers under him. The chief minister also
controls the agenda for the Cabinet meetings. Furthermore, he supervises and coordinates policies of several
Ministers and Departments.
2. AIDS AND ADVISES THE GOVERNOR

He is the link between the Cabinet and the Governor. The decisions of the council of ministers are
communicated to the governor by the Chief Minister. He also needs to furnish any information relating to the
administration of the State as the Governor may call for.
3. LEADER OF THE HOUSE
Being the leader of the house, he gets to make all the announcements concerning the new or amended policies.
Maintaining discipline of the Members of his party also comes under his hat. Adding to this, the chief minister
can appoint a whip whose directive must be obeyed by all the legislators.

CONCLUSION
The governor is a titular head or the constitutional head. Also, at the same time, he is the agent of the center as
the union government nominates the Governor in each of the states. Whether it is appointing Ministers or
advising the President of the Country, the Governor has one of the most vital roles to play in a state
government.

EMERGENCY PROVISIONS: UNION AND THE STATES: India is a federal republic that possesses unitary
functionality in a state of emergency. This means when there is a national emergency situation, this
constitutional apparatus disintegrates and all the states function as one. Emergency provisions are included in
Articles 352-360. All the fundamental rights except those mentioned in Articles 20 and 21 cease to operate in a
state of emergency. The word emergency describes any unexpected situation and causes authorities to act
rapidly. The way federalism works in an emergency is a critical aspect of the Constitution of India. This article
will further elaborate upon the emergency provisions in the Indian constitution.
ORIGIN AND HISTORY OF THE EMERGENCY CLAUSE : A national emergency is declared under Article 352 of the
Indian Constitution in India. Before the 44th Amendment Act, Article 352 of the Constitution stated that the
President of the country could declare a state of emergency if they were satisfied with the continuity of a grave
threat to the security of the entire country or territory of India, whether caused by war, external aggression, or
unfortunate events.
Before the 44th Amendment, Article 352 was somewhat ambiguous and arbitrary. It vested far too much power
in the Prime Minister and his Cabinet. As a result, when the Janata Dal Alliance took power, it decided to
implement the 44th amendment to set right Article 352 and make it more accountable.

What is the 44th amendment?

The 44th Amendment Act of 1978 safeguards against the tendency of the temporary majority to seize
fundamental rights of citizens in future. The Janta Party enacted this amendment. This act promises the
constitution to evolve. After the 44th amendment, under the present article 352, the president is allowed to
call for an emergency if the president and the ministers confirm the crisis and present it to the president. The
article 74 of the republic of India provides the president with a council of ministers which helps the president to
exercise his functions. If the Cabinet and the Prime Minister send the emergency proposal again, the
President should approve and declare an emergency. Unlike 1975, the Prime Minister at present cannot
deliberately declare an emergency without explaining his actions.

Types Of Emergency In The Indian Constitution:

In a state of emergency, the state may override the various individual liberties and enforce the federal
standards outlined in Part XVIII of the Constitution.
we will learn about three emergency provisions of Article 352 to Article 360 of the Indian Constitution.
1.National Emergency
2.State Emergency
3.Financial Emergency

NATIONAL EMERGENCY: A national emergency is declared when there is a grave threat to India’s or any
of its territories’ security due to war, external aggression, or armed rebellion. The national emergency is a part
of Article 352 of the Indian Constitution. The President has to approve and announce an emergency if the
council of ministers, led by the Prime Minister, sends a written request.Every proclamation must be laid
before each House of Parliament, within one month after it is issued; in the meantime, the proclamation may
continue for six months unless revoked by the President.
According to the emergency provisions, the centre retains executive, legislative, and financial power while the
state legislature is not suspended. Under Article 250 of the Constitution, the union government can legislate
on subjects enumerated in the state list. As per the emergency provisions, the President has the authority to
suspend the right to petition the courts to enforce fundamental rights under Article 359.

STATE EMERGENCY: It is the responsibility of the Union government to ensure that the state government acts
according to the constitution. Article 356 states that if the President is satisfied, based on a briefing from the
Governor of the State and other factors, that a state government cannot function smoothly, the President
may declare a state of emergency.

FINANCIAL EMERGENCY
If the President believes that a situation has arisen that threatens financial stability or credit of India, or any
part of its territory, he may proclaim a financial emergency.A simple majority must declare a financial
emergency in Rajya Sabha and Lok Sabha. This majority of votes should occur within two months of its
issuance. If the Lok Sabha is dissolved, the Rajya Sabha may approve it, but the Lok Sabha must approve it
within 30 days of its reconstitution.
PROCEDURE FOR LIFTING THE STATE OF EMERGENCY

A subsequent proclamation can repeal or modify any such statement. A proclamation issued in line with
Article 356(1) has the following expiration dates:

1. Unless both Houses of Parliament accept it within two months of its creation [Article 356(3)].
2. If neither House receives consent within two months of the proclamation being sent to the Houses of
Parliament [Article 356(3)], the declaration is null and void.

3. Article 356 gives powers to the government of India to exercise its control over a state if an emergency
occurs, the state government has no authority to stop the union government.

CONSEQUENCES OF FINANCIAL EMERGENCY:

1. The Union gains the authority to issue financial instructions to the states based on its policies.

2. The President has the authority to direct the states to limit the salaries and allowances of government
employees.

3. Money bills and other financial bills that have passed through the state legislature can be reserved for
review by the President.
4. The President can order salary and allowance reductions for Central Government employees, including
Supreme Court and High Court judges.
CONCLUSION
Emergency provisions are a vital part of the Constitution of India, and they give a massive amount of
responsibility and power to the hands of the executive. A check and balance system can ensure no misuse of
power like in 1975.

4. LEGISLATURE: UNION AND THE STATES

union
The Parliament of India consists of the President and two houses. The lower house is called the House of
the People- Lok Sabha, while the upper house is known as the Council of States- Rajya Sabha.

The council of ministers shall be composed of not less that 250 members, of whom 12 shall be nominated
by the President and the remainder 238 shall be representatives on the States and Union Territories
elected by the method of indirect election.
1. Nomination- The 12 nominated members shall be chosen by the President from amongst persons having
special knowledge or practical experience in literature, science, art and social service.
2. Representation of States. The representatives of each State shall be elected by the elected members of the
Legislative assembly of the State in accordance with the system of proportional representation by means of
a single transferable vote.
3. Representation of Union Territories. The representatives of the Union Territories shall be chosen in such a
manner as Parliament may prescribe. Under this power, the Parliament has prescribed that the
representatives of Union Territories to the Council of States shall be indirectly elected by members of an
electoral college for that territory, in accordance with the system of proportional representation by means
of the single transferable vote.
 COMPOSITION OF THE HOUSE OF THE PEOPLE
The House of the People has a varied composition and the Constitution prescribes a maximum number as
follows:

1. Not more than 530 representatives of the States

2. Not more than 20 representatives of Union Territories
3. Not more than 2 members of the Anglo-Indian community, nominated by the President, if he is of the
opinion that the Anglo Indian community has not been adequately represented in the House of the People.
4. The representatives of the States shall be directly elected by the people of the state on the basis of adult
suffrage. Each citizen who is not less than 18 years of age and is not otherwise disqualified, e.g. by reason
of non-residence, unsoundness of mind, crime or corrupt illegal practice, shall be entitled to vote at such
election.
5. There shall be no reservation of seats for any minority community other than the Scheduled Castes and
Tribes.
6. The members of the Union Territories are to be chosen in such manner as Parliament may by law provide.
7. Two members may be nominated from the Anglo-Indian community by the President to the House of
People if he is of the opinion that the Anglo Indian community has not been adequately represented in the
House of the People.

The election to the House of People being direct, requires that the territory of India should be divided into
suitable territorial constituencies, for the purpose of holding such election.

1. There shall be allotted in each State a number of seats in the House of the People in the manner that the
ratio between that number and the population of the state is, so far as practicable, the same throughout
the state.
2. Each state shall be divided into territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it, so far as practicable, is the same
throughout the state.

PROPORTIONAL REPRESENTATION FOR THE COUNCIL OF STATES

As regards the Council of States, proportional representation by single transferable vote has been adopted for
the indirect election by the elected members of the Legislative assembly of each State in order to give some
representation to minority communities and parties.

Similarly proportional representation is prescribed for election to the legislative council of a State by
electorates consisting of municipalities, district boards and other local authorities and of graduates and
teachers of three years standing resident in the State.

DURATION OF HOUSES OF PARLIAMENT

1. The Council of States is not subject to dissolution. It is a permanent body, but 1/3 of its members retire on
the expiration of every second year, in accordance with the provisions made by Parliament in this behalf. It
follows that there will be an election of 1/3 of the membership of the Council of States at the beginning of
every third year.
2. The nominal life of the House of people is 5 years, but it may be dissolved earlier by the president.

The normal term may be extended by an Act passed by the Parliament itself during the period when a
'Proclamation of Emergency' remains in operation. The extension, however, cannot be made for a period
exceeding one year at a time and in any case, such extension cannot continue beyond a period of six
months after the Proclamation of Emergency ceases to operate.

QUALIFICATIONS/DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT

In order to be chosen as a member of Parliament, a person

1. must be a citizen of India
2. must be not less than 30 years of age in case of Council of States and not less than 25 years of age in the
case of House of the People.

Additional qualifications maybe prescribed by Parliament by law. A person shall be disqualified for being
chosen as, and for being, a member of either house of Parliament-

1. If he holds any office of profit under the Government of India or the Government of any State (other than
an office exempted by Parliament by law) but not a Minister for the Union or for a State.
2. If he is of unsound mind and stands so declared by a competent court
3. If he is an undischarged insolvent;
4. If he is not a citizen of India or has voluntarily acquired citizenship of a foreign State or is under
acknowledgement of allegiance or adherence to a foreign power;
5. If he is so disqualified by or under any law made by parliament

If any question arises as to whether a member of either House of Parliament has become subject to any of
the above disqualifications, the President's decision, in accordance with the opinion of the Election
Commission shall be final.

POWERS, PRIVILEGES AND IMMUNITIES OF PARLIAMENT AND ITS MEMBERS

The privileges of each house maybe divided into two groups- a. those which are enjoyed by the members
individually, and b. those which belong to each House of Parliament, as a collective body.
The privileges enjoyed by the members individually are

1. Freedom from arrest- The Civil Procedure Code exempts a member from arrest during the continuance of a
meeting of the Chamber or Committee thereof of which he is a member or of a joint sitting of the
Chambers or Committees, and during a period of 40 days before and after such meeting or sitting. This
immunity is, however, confined to arrest in civil cases and does not extend to arrest on criminal case or
under the law of preventive detention.
2. Freedom of attendance as witness. A member cannot be summoned, without the leave of the House, to
give evidence as a witness while Parliament is in session
3. Freedom of speech- There is freedom of speech within the walls of each house in the sense of immunity of
action for anything said therein. While an ordinary citizen's right to speech is subject to the restrictions
specified in Atr19(2) such as the law relating to defamation, a Member of Parliament cannot be made
liable in any court of law in respect of anything said in Parliament or any Committee thereof. This,
however, does not mean unrestricted licence to speak anything that a member may like, disregarding the
dignity of the House. The freedom of speech is therefore 'subject to the rules' framed by the House under
its powers to regulate its internal procedure.
4. The Constitution imposes another limitation upon the freedom of speech in parliament, namely, there will
be no discussion in Parliament with respect to the conduct of any Judge of the Supreme Court or of the
High Court in the Discharge of his duties except upon a motion for presenting an address to the President
praying for the removal of the Judge.

The privileges of the House collectively are-

1. To exclude strangers from the galleries anytime.

2. To regulate its internal affairs. Each House of Parliament has the right to control and regulate its
proceedings and also to decide any matter arising from within its walls, without the interference of the
Courts.
3. To punish members and outsiders for breach of its privileges. The punishment may take the form of
admonishment, reprimand or imprisonment.

PROCEDURE RELATING TO BILLS

 A Bill other than money or financial bills may be introduced in either House of Parliament and requires
passage in both Houses before it can be presented for the President's assent. A bill may be introduced either
by a minister or by a private Member. Unless published earlier, the bill is published in the official gazette as
soon as after it has been introduced.

MOTIONS AFTER INTRODUCTION

After a bill has been introduced the Member in charge of the Bill may make any of the following motions in
regard to the Bill.

1. That it be taken into consideration

2. That it be referred to a select committee
3. That it be referred to a Joint committee of the House with the concurrence of the other House.
4. That it be circulated for the purpose of eliciting public opinion thereon.

REPORT BY SELECT COMMITTEE

A Select Committee of the House considers the provisions of the bill and submits its report to the House. After
the report is received, a motion that the Bill as returned by the Select Committee be taken into consideration
lies. When such a motion is carried, the clauses of the Bill are open to consideration and amendments are
admissible.

PASSING OF THE BILL IN THE HOUSE WHERE IT WAS INTRODUCED

When a motion that a bill be taken into consideration has been carried and no amendment of the Bill has
been made or after the amendments are over, the Member in charge may move for that the bill to be passed.
After this motion is carried, the Bill is taken as passed so far as that House is concerned.

PASSING IN THE OTHER HOUSE

When a Bill is passed in one House, it is transmitted to the other House. It then goes through all the stages
as in the originating House subsequent to its introduction. The House which receives the Bill from
another House can, therefore, take either of the following courses

1. It may reject the Bill altogether. In such a case provisions of Art.108(1) (a) as to joint sitting may be
applied by the President.
2. It may pass the Bill with amendments. In this case, the Bill will be returned to the originating House. If
the House which originated the Bill accepts the Bill as amended by the other House, it will be presented
to the President for his assent. If, however, the originating House does not agree to the amendments
made by the other House and there is final disagreement as to the amendments between the two
Houses, the President may summon a joint sitting to resolve the deadlock.
3. It may take no action on the Bill, i.e. keep it lying on the table. In such a case if more than six months
elapse from the date of reception of the Bill, the President may summon a joint sitting.

PRESIDENTS ASSENT

When a Bill is passed by both houses of Parliament, the Bill is presented to the President for his assent. If the
President withholds his assent, there is an end to the Bill. If he gives his assent, the Bill becomes an Act from
the date of his assent. Instead of either giving or refusing assent, the President may return the Bill for
reconsideration of the Houses with a message requesting them to reconsider it. If, however, the Houses pass
the Bill again with or without amendments and the Bill is presented to the president for his assent after such
reconsideration, the President shall have no power to withhold his assent from the Bill.
MONEY BILLS

A bill is deemed to be a 'Money Bill' if it contains only provisions dealing with all or any of the following
matters.

1. the imposition, abolition, remission, alteration, regulation of any tax

2. the regulation of the borrowing of money by the Government
3. the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the
withdrawal of moneys from any such fund
4. the appropriation of moneys out of the Consolidated fund of India
5. the declaring of any expenditure to be expenditure charged on the consolidated fund of India or the
increasing of the amount of any such expenditure
6. the receipt of money on account of the Consolidated Fund of India or the custody or issue of such money
or the audit of the accounts of the Union or of a State or
7. any matter incidental to any of the matters specified above

REMOVING DEADLOCK BETWEEN THE HOUSES

Any Bill other than a Money Bill, can become a Law only if it is agreed to by both the Houses.

1. As regards money Bills the House of the People has the final power of passing it, the other house having
the power only to make recommendation for the acceptance of the Hose of People. In case of
disagreement over a money bill, thus the lower House has plenary power to override the wishes of the
upper Houses i.e. the Council of States.
2. As regards all other Bills the machinery provided by the Constitution for resolving a disagreement between
the two houses of Parliament is a joint sitting of the two Houses

The President may notify to the Houses his intention to summon them for a joint sitting in case of
disagreement arising between the two Houses in any of the following ways.

If after a Bill is passed by one of the Houses and transmitted to the other houses

1. the Bill is rejected by the other House; or

2. the Houses have finally disagreed as to the amendments to be made in the Bill; or
3. more than six months have elapsed from the date of reception of the Bill by the other House without the
Bill being passed by it.

PROCEDURE FOR A JOINT SITTING

The Speaker shall preside over the joint sitting
There are restrictions on the amendments to the Bill which may be proposed at the joint sitting
1. If, after the passage in one House, the Bill has been rejected or has not been returned by the other House,
only such amendments may be proposed at the joint sitting as are made necessary by the delay in the
passage of the Bill.
2. If the deadlock has been caused because the other House has proposed amendments to which the
originating House cannot agree then- amendments necessary owing to the delay in the passage of the Bill
as well as - other amendments as are relevant to the matters with respect to which the House have
disagreed, may be proposed at the joint sitting.

If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed in the joint
sitting, is passed by a majority of the total number of members of both houses present and voting, it shall
be deemed for the purposes of this constitution to have been passed by both the Houses.

The procedure for joint sitting, as prescribed by Art. 108, is confined to Bills for ordinary legislation and
does not extend to a Bill for amendment of the Constitution, which must be passed by each Houses
separately, by a special majority laid down.

STATES
The Constitution of India is regarded as one of the lengthiest written constitutions in the whole world. Our
Constitution gives us a federal structure where the powers between the Central Government and the State
Government are divided. Most of us know about the working of the Central Legislature and the powers
related to the Central Legislature. Part VI of the Constitution deals with the State Legislature. In this article,
we will discuss this part of the Indian Constitution in detail. Here we will discuss the unicameral and
bicameral legislature. The creation and abolition of these Houses of the State Legislature. The qualification
of a person to be a member of the State Legislature.

Bicameral and Unicameral Legislature

Before discussing what is a bicameral and unicameral legislature, let us first discuss what is the legislature.
The legislature is the law-making body of the State. It is first among the three organs of the state. It can
make laws as well as administers the government. As mentioned in Article 168 of the Indian Constitution, a
state can have a unicameral legislature (It should be Legislative Assembly) as well as a bicameral legislature
(Legislative Council and Legislative Assembly). According to Article 168 of the Indian Constitution, there
shall be legislature in every State and it shall consist of the Governor.

Unicameral Legislature

Unicameral legislature refers to having only one legislative chamber which performs all the functions like
enacting laws, passing a budget, and discussing matters of national and international importance. It is
predominant in the world as most countries have a unicameral legislature. It is an effective form of the
legislature as the law-making process becomes easier and reduces the possibility of obstacle in lawmaking
process. Another advantage is that it is economically feasible to maintain a single chamber of the
legislature. It is the most prevailing system in India as most of the States of India have a unicameral
legislature. The members of the unicameral legislature (Legislative Assembly) elected directly by the
citizens of the State.

Bicameral Legislature

By bicameral legislature, we refer to the State having two separate law-making Houses to perform the
functions like passing the budget and enacting laws. India has a bicameral legislature at the Centre level
while the State can make the bicameral legislature. In India, only 7 States have a bicameral legislature. It
may be seen that a bicameral legislature may not be as effective as a unicameral legislature. However, it
works as a barricade in some cases as it somehow makes the law-making process more complex.

Abolition or Creation of Legislative Councils

In our country, the Legislative Council (also known as Vidhan Parishad) is the Upper House of a bicameral
legislature. The creation of which is given in Article 169 of the Indian Constitution and can also be
abolished according to Article 169 of the Constitution.

Article 168 mentions about the Legislative Council in some of the States of our country. There is no rule of
having a bicameral legislature in the State of India. It is because our Constitution framers knew that it will
not be possible for every State to have a bicameral legislature ( due to financial or any other reason).

Article 169 talks about the creation or abolition of the Legislative Council. For the creation or abolition of
the Legislative Council, the Legislative Assembly must pass a resolution that must be supported by more
than 50% of the total strength of the assembly. It must be supported by more than 2/3rd of the total
members present in voting. Therefore it talks about the absolute and special majority. The resolution to
create or to abolish the Legislative Council needs the assent of the President as well.
 Composition of the Houses

Article 170 of the Indian Constitution talks about the configuration of the Legislative Assemblies. This
Article simply put emphasis on what will be the structure of the Legislative Assemblies in the state. On the
other hand, the configuration of the Legislative Council is given in Article 171 of the Indian Constitution.

Legislative Assembly (Vidhan Sabha)

According to Article 170, there should be a Legislative Assembly in every State of India. However, these
assemblies should be according to the provisions of Article 333 of the Indian Constitution. The Legislative
Assembly of state can have at most 500 constituencies and at least 60 constituencies. These constituencies
would be represented by the members who would be selected through the process of direct election.
However, the division of territorial constituencies would be determined in such a manner that it becomes
dependent on the population of that constituency. Here by the term “ population” we mean population
which has been published in the precedent census. The composition of the Legislative Assembly in any
state can change according to the change in the population of that state. It is determined by the census of
population. However, there are several exceptions to the composition of the Legislative Assembly. Let’s
take the example of Mizoram, Sikkim, and Goa which has less than 60 constituencies.

The tenure or duration of the Legislative Assembly is mentioned in Article 172 of the Indian Constitution.
The Legislative Assembly should work for a time period of five years. Its tenure starts from the day of its
first meeting. However, it can be dissolved earlier by the special procedure established by the law.
However, there can be an extension in the tenure of the Legislative Assembly. This can be done during the
National Emergency. During the period of the National Emergency, the Parliament can extend the tenure
of the Legislative Assembly for a period of maximum one year. Also, this extension should not be more
than six months after the proclamation has ceased to operate.

Legislative Council (Vidhan Parishad)

The composition of the Legislative Council is given in Article 171 of the Indian Constitution. The total
members in the Legislative Council should not exceed one-third of the total members in the state
Legislative Assembly. There is another criteria for the composition of the Legislative Council. The member
in the Legislative Council should not be less than 40 in any case. There is an exception in the composition of
Vidhan Parishad. The Legislative Council of Jammu and Kashmir has only 36 Member in Legislative Council,
unlike the other Legislative Council.

The composition of the Legislative Council can be further divided in the following way:

 One-third of the members of the Legislative Council should be elected from the district boards,
municipalities and other local authorities which is specified by the Parliament according to law.
 One-twelfth of its members shall be elected from the person who has been residing in the same state for
the time period of at least three years and graduated from the university which is in the territory of India.
 One- twelfth of its total member should be elected from the person who is engaged in the teaching
profession for at least three years in the educational institution of the state itself.
 One third should be elected by Legislative Assemblies and none of them should be a member of the
Legislative Assembly.
 The remainder of the members should be nominated by the Governor according to the established law.

Qualifications of Membership

After this much of knowledge on both the Houses of Legislations, we can move further on the next topic.
Here we will discuss what are the qualifications that one requires for being a member of the Legislative
Assembly/Council. The qualification of membership is given in Article 173 of the Indian Constitution. For
the membership or for filling a seat in the legislature of the State, a person must be a citizen of India. A
person will not be granted membership if he/ she is not a citizen of that country. Also, the qualification of
the membership is somewhat similar to the qualification to the membership of the center legislature.
The member of the Legislative Assembly should be more than 25 years. For being a member of the
Legislative Council one should be more than 30 years. Also, a necessary condition for being a member of
legislatures includes that he/she must be a voter from any of the constituencies of the state.

Sessions of the State Legislature

Moving further on the next topic we will discuss the sessions of these State Legislatures. Its time of
prorogation and dissolution will also be discussed by us here. Also, one thing is quite clear after a lot of
analysis of State Legislature is that the Legislative Assembly is somehow similar to the House of the
People (Lok Sabha) while the Legislative Council is similar to the Council of State (Rajya Sabha). Their
sessions are also quite similar. Article 174 of the Indian Constitution gives the power to the Governor to
summon these Houses of the State Legislature. He/ She can summon these bodies to meet at places and
at such times which he/ she thinks fit or appropriate. But a necessary condition should be kept in mind is
that the time period between the two sessions of these Houses should not exceed six months. Also as
mentioned in Article 174 of the Indian Constitution, the Governor has the power to prorogue either
House and to dissolve the Legislative Assembly.

Speaker and Deputy Speaker

There is a need for head or in charge of every legislative part. The Speaker and Deputy Speaker serve the
same purposes in the Legislative Assembly. Article 178 of the Indian Constitution talks about the same.
According to this article, there should be a Speaker and Deputy Speaker should be chosen from the
Legislative Assembly. In this, it is also mentioned that the condition where if the office of Speaker and
Deputy Speaker becomes vacant then it becomes the duty of the Legislative Assembly to choose the new
Speaker and Deputy Speaker respectively

Powers and Functions of Speaker

Article 178 gives the power to Speaker to preside over the sessions of the Legislative Assembly of the
state. Similar powers are given to the Speaker of the Lok Sabha, as mentioned in Article 93 of the Indian
Constitution. The power and position of an Indian Speaker are quite similar to the Speaker of the House
of Commons in England. The most important function of the Speaker is to preside over the sessions of
the Legislative Assembly and also to maintain discipline and order in the assembly. Within the assembly,
the Speaker is the master. He has the power to decide whether the Bill is a Money Bill or not. Also, the
decision of Speaker cannot be challenged in a court of law. Money Bills are sent to the Legislative Council
with the approval of the Speaker. The salary of Speaker is given from the Consolidated Fund of State.

The other functions/ powers of the Speaker are as follows:

1.He/she does not participate in the debate of the assembly.
2.Only votes when there is a condition of a tiebreak.
3.He/She sees whether there is a necessary quorum.
4.He has the power to adjourn or suspend the sitting of the Legislative Assembly when there is not a
necessary quorum and also to maintain the discipline of House. 5.He/She has the power to suspend or to
expel the member for his/ her unruly behaviour.

Chairman and Deputy Chairman of the Legislative Council: Article 182,183,184,185

The working of the Legislative Council is quite complex. The process of membership, the appointment of
its head and the power of the Legislative Council is also quite difficult to understand. According to Article
182 of the Indian Constitution, the Legislative Council must choose its two members as Chairman and
Deputy Chairman. It also mentions that the Legislative Council must choose the Chairman and Deputy
Chairman of the Legislative Council as soon as their office becomes vacant.
The offices of Chairman and Deputy Chairman becomes vacant very often. However, the reason for their
removal/ resignation is mentioned in Article 183 of the constitution. The reasons are as follows:

Should not hold their post if they are not a member of the Legislative Council.
By sending the written resignation letter to each other.

They can be removed by passing a resolution in the Council. However, there should be a majority of
members in support of this resolution. An important point to be remembered while passing a resolution
that a notice of the intention of resolution should be given before 14 days.

Now imagine a condition when there is a vacancy in seat of Chairman of the Legislative Council. Then,
the question which would strike us would be related to the replacement of his/ her place in the
Legislative Council or who will look after the working of the Legislative Council. The answer to the second
part of the question is given in Article 184 of the Indian Constitution. According to this Article, the Deputy
Chairman has the power to perform the duties and to act as Chairman of the Legislative Council.
According to Article 184, if there is a vacancy in the office of Chairman then all duties of Chairman would
be performed by the Deputy Chairman and in case if the office of Deputy Chairman is also vacant then
the duties of Chairman would be performed by the person appointed by the Governor.

Talking about Article 185 of the Indian Constitution, it puts certain restrictions on Chairman or Vice-
Chairman when their impeachment resolution is under consideration. It simply tells that a Chairman or
Vice-Chairman can not preside the Council when the resolution for their impeachment is under
consideration. Here in this condition, Article 184 will be applied. Also, it is given in Article 185 that when
such resolution is under consideration then the Chairman has all the right to attend the proceedings of
the Legislative Council and he/she will have all the right to speak during such proceedings. Here, the
Chairman has the right to vote in the first instance of the proceedings but he/she will not be able to vote
in the condition of equality of votes.

Legislative Procedure: Article 196

The main purpose of Legislature is to make laws, pass a bill etc. To understand the working of Legislature
or Legislative Procedure let us first discuss the term “Bill”. By Bill, we mean a draft of the legislative
proposal. This bill after getting assent from both the Houses of Legislature becomes an Act after getting
assent from the Governor. Article 196 of the Indian Constitution tells us about the provisions of the
introduction and passing of the Bill. Except for the Money Bill and the Financial Bill ( procedure of
passage of these bills are given in Article 198 and 207), the other bills can be introduced in either Houses
of the legislature. Any bill is said to be passed only when it got assent from both the Houses of the
legislature. Here both the Houses should agree on the amendment made to the bill. A bill would not
lapse when it is pending in the House and there is the prorogation of that House. A bill pending in the
Legislative Council of any state which is not passed by the Legislative Assembly shall not lapse even on
the dissolution of the Legislative Assembly. Also, there is a condition mentioned in Article 196 which
states that if there is a bill pending in the assembly and at that time the assembly dissolute, then the bill
will also lapse ultimately. The bill will also lapse if it is passed by the assembly and is pending by the
Council.

Ordinary Bills
The provision or the procedure related to Ordinary Bill is discussed in Article 196 of the Indian
Constitution. The main purpose of the State Legislature is law-making as already being discussed in this
article earlier. The legislature can make laws on State List as well as on Concurrent List. Ordinary Bill can
be introduced in either of the Houses. The process given in Article 196 is applied here and once it gets
the sign from the Governor it becomes law. The Governor has the power to issue ordinance when there
is a need of any law and the legislature is not in session.
Money Bills
A Money Bill is a bill that is concerned with government spending or taxation. The procedure to pass a
Money Bill is quite different from the Ordinary Bill. Its procedure is given in Article 198 of the Indian
Constitution. According to this Article of the Constitution of India, the Money Bill can only be introduced
in the Lower House i.e. in Legislative Assembly. After the Money Bill is passed by the Legislative Assembly
and in that state, then this bill would be forwarded to the Legislative Council for its recommendations.
The same bill should be returned to the assembly within fourteen days from the date of receiving the
bills. The assembly can either accept the recommendation or can deny any recommendations according
to the discretion of the assembly. The same bill is then again sent to the Council and the Council has a
time period of fourteen days to pass the bill. In case the Legislative Council fails to do so, then it is
deemed to be passed by both the Houses.

Assent to Bills: Article 200

Till now we have seen how a Bill gets assent from Houses of the state legislature. After this, Article 200
comes into play. As mentioned in Article 200, the bill after getting assent of both Houses and is then sent
to Governor. It then comes under the discretion of the Governor whether to give assent or withhold his
assent. He/she can also reserve assent for the consideration of the President.
Here the Governor has to return this bill to the State Legislature as soon as possible with the message of
recommendation. Here again, these recommendations can be either accepted or rejected by the
legislature and once again this bill is again sent to the Governor for his confirmation. Now he has only
two options left with him, he can either give assent to this bill or can reserve it for further consideration
from the President.

Bills reserved for President’s consideration: Article 201 The bill which is reserved for the consideration of
the President should have reasonable grounds for being reserved. Any bill can be reserved by the
Governor which he/ she thinks is against the law. The further procedure of this Bill is given in Article 201
of the Indian Constitution. The Bill which is reserved for the President for his/her consideration should
either be given assent by him/her. The President can also withhold his/her assent. The President then
directs the Governor to return the bill to the House/Houses of Legislature with a message which was sent
earlier by the Governor (according to Article 200 of the constitution). This bill should be reconsidered by
the State Legislature within a period of six months. And again if the bill is passed by both Houses, then it
is again presented before the President for its consideration.
An example of the contradiction to this Article came in the case of K.P. Kochanujan Thirumulpad vs State
Of Kerala where a petition was filed and a question was asked on the legality of a bill which was passed
before any direction came from the President during the period of reconsideration. Here the petition
was rejected and it was held that there are certain restrictions/ grounds on which Article 201 does not
apply.

Language to be used in the Legislation: Article 210

All the proceedings in the State Legislature like the law-making process should be in the official language
or in the language of the state or in Hindi or in English. It is given in Article 210 of the Indian Constitution.
Here, under the special circumstances the Chairman or Deputy Chairman may allow the member to use
other languages (who cannot express himself/herself in any of the languages as mentioned above in this
article). Here, the role of language which is to be used in the legislation becomes very vital. However,
there is a provision that determines that if the State Legislature does not make any law for using the
English language even after fifteen years, then the word English from Article 210 will get eliminated by
itself.
Procedure in Financial Matters: Articles 202 to 207

The State Legislature of every state follows a special procedure in the matters related to finance. These
procedures are given in Article 202 to Article 207 of the Indian Constitution. The procedure which is
mentioned in these articles are as follows:
Article 202 (Annual Financial Statement): It is the duty of the Governor to lay down the estimated receipts
and expenditure of the State for that year. It is known as the Annual Financial Statement.
Article 203 (Procedure in the legislature related to estimates): The estimates that relate to expenditure
from the Consolidated Fund of a State should not be submitted to a vote of the Legislative Assembly. But
nothing mentioned here should be construed as preventing the discussion of the Legislatures that relates
to those estimates. Demand for a grant can be made only on the recommendation of the Governor.
Article 204 (Appropriation Bill): After making the grants under Article 203, the assembly shall introduce a
bill that will provide for the appropriation out of the Consolidated Fund of the State for the matters
related to money which is granted by the assembly
Article 205 (Supplement, Additional or excess grants): In this Article, the Governor can allow supplement
grants (when the expenditure is more than what was estimated) and he/ she has the power to extend
the granted money for any particular service.
Article 206 (Vote on Accounts, Votes of Credit or Exceptional Credits): This Article talks about the power or
authority of the Legislative Assembly to grant in the given situation.
In advance in respect of the estimated expenditure for a part of any financial year pending the
completion of the procedure given in Article 203.
To make a grant for meeting an unexpected demand upon the resources of the State.
To make exceptional grants which are not a part of the current financial year.
Article 207 (Special Provisions related to Financial Bills): Financial Bill should not be introduced in the
Legislative Council and without the recommendation of the Governor.

General Rules of Procedure

It is important for every organ of the State to make certain rules and regulations for its proper
functioning. Similarly, there are some general rules of procedure made for the smooth functioning of the
State Legislature. These are given from Article 208- Article 212 of the Indian Constitution. All the
provisions under these Articles are explained below:-

Article 208– Houses of the State Legislature has the power to make rules and regulations for its conduct,
its procedure and the conduct of its business.
Article 209– Regulation by law of procedure in the Legislature of the State in relation to financial
business.
Article 210– It talks about the language which is to be used in the Legislature.
Article 211– It is about the restriction of the topic on which there will be no discussion in the Legislature.
Article 212– This Article tells that Courts can not inquire into proceedings of the Legislature.

Conclusion

In this article, we have discussed all the aspects of the State Legislature. One of the loopholes is that it is
not compulsory for the states to have Council and it disturbs the uniformity in State Legislature of
different States.. I think there should be uniformity in the State Legislature system. But this can
sometimes be considered as the beauty of the Indian Constitution as it gives the chance to the State
Assembly to decide on the same issue. Part VI of our Constitution has made it very clear about the
functions, way of functions and the various power given to the State Legislature.
 LAW-MAKING PROCEDURE AND AMENDMENT– SPEAKER.
The primary function of every legislature is to make laws for the citizens of the country. The law making-
process always follows a definite procedure, some of them are mentioned in the constitution while
others have evolved gradually from conventions. The process of law-making is technical and systematic.

The draft of the law initially proposed is known as a bill. The bill has to encounter thorough scrutiny and
consideration, after which it finally receives the assent of the President and gets enacted as a Law. Bills
can be categorized as Government Bills, the ones that are introduced by Ministers, and Private
Member’s Bills that are proposed by non-ministers.

The government bills and the private member’s bills can be further categorized as:

1. Ordinary Bill: They deal with every matter except financial matters (Article 107 and 108).
2. Money Bill: The money bill deals with financial matters like taxation, revenue, budget, public
expenditure, etc. (Article 110)
3. Financial Bill: These bills constitute financial matters but are distinct from Money Bills. ( Article 117[1] and
117[3])
4. Constitutional Amendment Bill: These bills deal with the provisions of the amendment of the
constitution. (Article 368).

All these bills have to undergo specific procedures to be finally enacted as laws. The step by step
procedures followed by them are as follows:

Stages for passing an Ordinary Bill:

First Reading
 An ordinary Bill can be introduced in either house of the legislature by either a minister or a non-
minister.
 If a Bill is being introduced by a private member, he has to state his intention behind the introduction of
the Bill and ask for leave to introduce it.
 The bill is introduced by reading the title and the objective behind it.
 After the introduction of the bill, it is published in the Official Gazette of India, even before the
introduction of a bill, it can be published in the Official Gazette, after taking proper permission of the
speaker.

Second Reading
After the introduction of the Bill the member in charge of the bill will initiate one of the following
procedures:
 The bill may be taken into immediate consideration or the date must be decided when the bill is to be
considered.
 The bill can also be referred to the Select Committee of the House.
 The bill can be referred to the Joint Committee of the House with the concurrence of the other House.
 It can also be circulated to elicit public opinion.

Committee stage:
 In the Committee stage, the Bill is thoroughly considered by the Select Committee, they examine every
clause of the Bill in detail.
 The committee is within its rights to amend the Bill but without altering the original provisions
underlying the Bill.
 They finally submit their report to the House after having thoroughly considered the Bill.
 Consideration Stage:
The House after receiving the report from the Select Committee, considers and deliberates further on
the Bill. It is scrutinized and each clause of the bill is discussed and voted upon separately.
Third Reading
The final fate of the bill is decided at this stage. No further discussion or consideration regarding the bill
is permitted at this stage, and no amendments to the bill are allowed.
 The bill is considered as passed in the House where it was introduced if the majority of the members
present and voting accept the bill.
 It can also be rejected if not voted by the members of the House.

Bill in the Second House

After being passed by the first House the Bill is sent to the second House, in this House as well the Bill
has to pass through all the three stages (First Reading, Second Reading, and the Third Reading) the
second House can undertake the following courses of actions
 They can pass the bill as sent by the first house without making any amendments. In this case, the bill is
deemed to have been passed by both the Houses and is finally sent to the President for his assent.
 They can suggest amendments in the Bill and send it back to the first house for reconsideration.
 They can reject the bill.
 They can keep the bill pending by neither ratifying it nor rejecting it. If the second house either rejects
the bill or takes no action for six months, a deadlock is deemed to have taken place. The president
summons a joint sitting of both the houses to resolve this deadlock.

Assent of the President

After the Bills are passed by both the Houses they are sent to the President for his assent. The President
may:
 Give his assent to the bill and the bill becomes an act.
 He may withhold his assent to the bill, but the bill does not become an act.
 Or may return the bill for reconsideration to the Houses by the exercise of his suspensive veto. The
House is at their discretion to make amendments and when they send it back again with or without
amendments the President is bound to give his assent.

Stages of passing a Money Bill

A money bill can be introduced only in the Lok Sabha with the prior permission of the President and it
can only be introduced by a minister.
 A money bill is first passed in the Lok Sabha where it is introduced gradually following all the steps.
 The Lok Sabha then passes the bill to the Rajya Sabha for their approval; the Rajya Sabha has to return
the bill within 14 days with or without amendments. The Lok Sabha is at their discretion to accept or
reject the amendments suggested.
 If they fail to meet the prescribed time frame the bill is deemed to have been passed by both Houses.
 When the Bill is passed by both the Houses it is sent to the President for his assent.
 He may give his assent to the bill or withhold it, however, cannot return a money bill for reconsideration.
 The bill becomes an act after it receives the assent of the President.

The procedure of passing a Constitutional Amendment Bill

 It can be introduced in either of the two houses of the parliament by a minister or a private member
without the prior approval of the President.
 The bill undergoes all three stages, it must be passed by each of the two houses with a special
majority which is more than 50 percent of the total membership of the house, and two-thirds of the
members of the House should be present and voting.
 If the bill concerns the amendment of federal provisions it must be ratified by half of the state
legislatures by a simple majority of the members present and voting.
 After having been passed by both the Houses the bill is sent to the President for his approval, he cannot
reject or withhold his assent, he must give his assent following which the bill becomes a law.
These are the steps through which all the bills introduced by the legislature have to undergo. The bills
are thoroughly reconsidered and scrutinized before they become an act to avoid any hasty
legislation. The bills are a representation of the interests of the citizens in the country, a responsible and
accountable procedure of passing bills will ensure the protection of their interests and make Indian
democracy a success.

SPEAKER
The Speaker of the Legislative Assembly is a title in active politics to represent a principal
spokesman/spokeswoman of the state legislative assemblies in India for carrying house proceedings. He
is empowered to determine the status of a bill submitted to the house by the state legislators. Elected by
the members of assembly, this post is held by two politicians for two identical roles such as "speaker"
and "deputy speaker" for assembly session proceedings. In case one fails to attend the session due to
some uncertainties such as resignation, illness or death, deputy speaker acts as a presiding officer until a
new speaker is elected.[1]

It is created under the Article 178 of the Constitution of India. The Indian constitution also allows all
states and union territories for the appointment of a speaker.[2] The two members are elected at
anytime after the state election is declared. In Indian political system, the time frame for the election of
a speaker and deputy speaker is determined by the state legislators independently. The election date for
the post of speaker is decided by the state governor while deputy speaker election date is specified by
speaker

Role:
A speaker is responsible for presiding assembly debates and maintains order and discipline of the house
during legislative session. He decides "when a member should be called upon to speak and how long he
be allowed to speak". Questions relating breach of privilege and contempt of the house is raised by
the members with consent of the Speaker or the Deputy Speaker.
With regard to matters within the assembly house or related to the members of the legislative assembly,
it is the right of the Speaker to interpret the constitution and rules. The prime responsibility of the
speaker is to maintain discipline and order in the house by practicing disciplinary privileges granted by
the constitution of India.

STATE LEGISLATURE – COMPOSITION AND FUNCTIONS.

COMPOSITION
He State Legislative Assembly, or Vidhan Sabha, or also Saasana Sabha, is a legislative body in the states
and union territories of India. In the 28 states and 3 union territories with a unicameral state legislature,
it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with
the upper house being State Legislative Council. 5 union territories are governed directly by the Union
Government of India and have no legislative body.
Each Member of the Legislative Assembly (MLA) is directly elected to serve 5-year terms by single-
member constituencies. The Constitution of India states that a State Legislative Assembly must have no
less than 60 and no more than 500 members however an exception may be granted via
an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory
of Puducherry which have fewer than 60 members. A State Legislative Assembly may be dissolved in
a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no
confidence is passed against the ruling majority party or coalition.

Member of Legislative Assembly

To become a member of a State Legislative Assembly voters' list of the state for which they are
contesting an election. They may not be a Member of Parliament and Member of the State Legislative
Council at the same time. They should also state that there is no criminal procedures against him or her.
A State Legislative Assembly holds equal legislative power with the upper house of the state legislature,
the State Legislative Council, except in the area of dissolution of state government and passing of money
bills, in which case the State Legislative Assembly has the ultimate authority.
Powers of legislative assemblies are given below:
 A motion of no confidence against the government in the state can only be introduced in
the State Legislative Assembly. If it is passed by a majority vote, then the Chief Minister and
her/his Council of Ministers must collectively resign.
 A money bill can only be introduced in State Legislative Assembly. In bicameral jurisdictions,
after it is passed in the State Legislative Assembly, it is sent to the State Legislative Council,
where it can be kept for a maximum time of 14 days.
 In matters related to ordinary bills, the will of the State Legislative Assembly prevails and
there is no provision of joint sitting. In such cases, State Legislative Council can delay the
legislation by a maximum of 4 months (3 months in the first visit and 1 month in the second
visit of the bill).
 Legislative Assembly of the state has the power to create or abolish the State Legislative
Council by passing a resolution to that effect by a majority of not less than two-thirds of the
members present and voting.

FUNCTIONS:
The State Legislature performs the following categories of functions:

1. Legislative Functions: The Assembly has the sole right to legislate. All the laws must be
passed by it. Where there is a bicameral legislature, the ordinary Bills can be introduced in
any of the Houses. A Bill passed by the Legislative Assembly is sent to the Legislative Council
which has to pass it or to return it with recommendations to the Legislative Assembly. If the
Legislative Assembly passes that Bill once again either with recommendations of the Council
or without those, it shall be deemed to have been passed by both the Houses. As regards,
Money Bills, these can be introduced only in the Legislative Assembly. After the Assembly
passes the Money Bill, it goes to the Legislative Council which has to pass it or return the Bill
to the Assembly with its recommendations within 14 days of the receipt of the Bill. Even if
the Assembly rejects the recommendations of the Council, it will be deemed to have been
passed by both the Houses. Once the Bill is passed by the Legislature, it is sent to the
Governor for his/her assent. He/She cannot withhold the assent on the Money Bill but can
send back an ordinary bill for reconsideration or can reserve any of the bills for
consideration by the President.
2. Control over the Executive: The State Legislature keeps control over the executive. The
Council of Ministers is responsible for Vidhan Sabha collectively. It remains in the office so
long as it enjoys the confidence of the House. The Council of Ministers is removed if the
Vidhan Sabha adopts a motion of no-confidence against it. Moreover, The State Legislature
keeps checks on the government by asking questions and supplementary questions, moving
adjournment motions and calling attention notices.
3. Electoral Functions: The elected members of the Legislative Assembly are members of the
Electoral College for the election of the President of India. The members of the Vidhan
Sabha also elect the members of the Rajya Sabha from their respective States. Moreover,
they elect one-third members of the Legislative Council of their own State.
4. Functions related to Constitutional Amendments: There are important functions of the State
Legislature related to the amendment of the Constitution. A constitutional amendment
requires the support of a special majority of each House of the Parliament as well as
ratification by not less than half of the States where the State Legislatures ratify the
amendments.
5. JUDICIARY: SUPREME COURT AND THE HIGH COURTS– COMPOSITION AND JURISDICTIONS
HIGH COURT : In the Indian single integrated judicial system, the high court operates below
the Supreme Court but above the subordinate courts. The judiciary in a state consists of a high court
and a hierarchy of subordinate courts. The high court occupies the top position in the judicial
administration of a state. The institution of high court originated in India in 1862 when the high
courts were set up at Calcutta, Bombay and Madras . In 1866, a fourth high court was established at
Allahabad. In the course of time, each province in British India came to have its own high court.
After 1950, a high court existing in a province became the high court for the corresponding state.
The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of
1956 authorised the Parliament to establish a common high court for two or more states or for two or
more states and a union territory. The territorial jurisdiction of a high court is co-terminus with the
territory of a state. Similarly, the territorial jurisdiction of a common high court is co-terminus with
the territories of the concerned states and union territory. At present, there are 25 high courts in the
country . Out of them, three are common high courts. The union territories fall under the jurisdiction
of different state high courts. The Parliament can extend the jurisdiction of a high court to any union
territory or exclude the jurisdiction of a high court from any union territory. The name, year of
establishment, territorial jurisdiction and seat (with bench or benches) of all the 24 high courts are
mentioned in Table 30.1 at the end of this chapter. Articles 214 to 231 in Part VI of the Constitution
deal with the organisation, independence, jurisdiction, powers, procedures and so on of the high
courts.

COMPOSITION OF HIGH COURTS:

(i) Every High Court shall consists of a Chief Justice and such other judges as the President of India
may from time to time appoint.
(ii) Besides, the President has the power to appoint .
(a) Additional Judges for a temporary period not exceeding two years, for the clearance of areas of
work in a High Court;
(b)an acting judge, when a permanent judge of a High Court (other than Chief Justice) is temporarily
absent or unable to perform his duties or is appointed to act temporarily as Chief Justice. But neither
an additional nor an acting Judge can hold office beyond the age of 62 years (by 15th Amendment)
Act age of retirement raised from 60 to 62

JURISDICTION AND POWERS OF HIGH COURT Like the Supreme Court, the high court has
been vested with quite extensive and effective powers. It is the highest court of appeal in the state. It
is the protector of the Fundamental Rights of the citizens. It is vested with the power to interpret the
Constitution. Besides, it has supervisory and consultative roles. However, the Constitution does not
contain detailed provisions with regard to the jurisdiction and powers of a high court. It only lays
down that the jurisdiction and powers of a high court are to be the same as immediately before the
commencement of the Constitution. But, there is one addition, that is, the Constitution gives a high
court jurisdiction over revenue matters (which it did not enjoy in the pre-constitution era). The
Constitution also confers (by other provisions) some more additional powers on a high court like
writ jurisdiction, power of superintendence, consultative power, etc. Moreover, it empowers the
Parliament and the state legislature to change the jurisdiction and powers of a high court.

At present, a high court enjoys the following jurisdiction and powers:

1. Original jurisdiction.Writ jurisdiction.
2. Appellate jurisdiction.
3. Supervisory jurisdiction.
4. Control over subordinate courts.
5. A court of record.
6. Power of judicial review.
 The Jurisdiction of Highcourt are as mentioned below –

 Original Jurisdiction – In such kind of cases the applicant can directly go to the High
Court and does not require to raise an appeal. It is mostly applicable for cases related to
the State Legislative Assembly, marriages, enforcement of fundamental rights and transfer
cases from other courts.

 Power of Superintendence – It a special power enjoyed only by High Court and no other
subordinate court has this power of superintendence. Under this, the High Court holds the
right to order its subordinate offices and courts the way of maintaining records, prescribe
rules for holding proceedings in the court and also settle the fees paid to sheriff clerks,
officers and legal practitioners.

 Court of Record – It involves recording the judgments, proceedings and acts of high courts
for perpetual memory. These records cannot be further questioned in any court. It has the
power to punish for contempt of itself.
 Control over Subordinate Courts – This is an extension of the supervisory and appellate
jurisdiction. It states that the High Court can withdraw a case pending before any
subordinate court if it involves the substantial question of law. The case can be disposed of
itself or solve the question of law and return back to the same court.

 Appellate Jurisdiction – This is for cases where people have risen a complaint about a
review of the judgement given by the district level or subordinate court of that territory. This
power is further divided into two categories:
1. Civil Jurisdiction – this includes orders and judgements of the district court, civil district
court and subordinate court
2. Criminal Jurisdiction – this includes judgements and orders of the sessions court and
additional sessions court.
 Power of Judicial Review – This power of High Court includes the power to examine the
constitutionality of legislative and executive orders of both central and state government. It
is to be noted that the word judicial review is nowhere mentioned in our constitution but the
Article 13 and 226 explicitly provide High Court with this power.
 Writ Jurisdiction of High Court – Article 226 of the Constitution empowers a high court to
issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo
warrento for the enforcement of the fundamental rights of the citizens and for any other
purpose. Read in detail about the following –
 Habeas Corpus
 Writ of Mandamus
 The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. The
high court can issue writs to any person, authority and government not only within its
territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises
within its territorial jurisdiction (15th Constitutional Amendment Act of 1963).
 In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of
both the high court and the Supreme Court constitute a part of the basic structure of the
Constitution. Hence, it cannot be ousted or excluded even by way of an amendment to the
Constitution.
 In Shah Faesal’s Case, his case is justified because the cause of action happened in Delhi
and then he was taken to outside the territory of Delhi.

The present jurisdiction and powers of a high court are governed by

(a) the constitutional provisions, (b) the Letters Patent, (c) the Acts of Parliament,
(d) the Acts of State Legislature, (e) Indian Penal Code, 1860, (f) Criminal Procedure Code, 1973, and
(g) Civil Procedure Code, 1908.
SUPREME COURT: COMPOSITION AND JURISDICTIONS
It is the highest court of justice in India. It is the final platform for appeal in India.. Every judgement passed
by the Supreme Court is final and binding to all other courts. In this article, we will discuss the composition,
powers, jurisdiction and functions of the Supreme Court of India.

The Supreme Court of India: The Supreme Court is the apex court in the Indian judiciary. There is no
court above the Supreme Court. It has the highest authority to uphold the provisions of the constitution of
India, to protect the rights of the citizen of India and to protect the rule of law. The constitution of India
provides the Independence of Judiciary by giving the hierarchical setup which contains High Courts and other
subordinates courts.

History of the Supreme Court of India : Previously, the federal court of India was created under the
Government of India Act, 1935. It was considered as the apex court during the British time. This court was
used to settle the disputes between the federal states and provinces. This court was also used to hear the
appeals against the judgements given by High Courts. After the independence of India, all the courts like
Privy Council and federal court were replaced by the Supreme Court of India. It was come in the existence in
January 1950. At that time there were 7 judges with the chief justice. The constitution of India is the
supreme law of the land and it contains the provisions which are enforced by the law. But without any
enforcement of the law, the provisions given under the constitution were meaningless. That’s why the
judiciary is independence so that it can interpret the laws given under the constitution of India. Now, we can
say that the supreme court of India works as the guardian of the constitution of India and all the
fundamental rights given to the citizens of India.
Composition of Supreme Court : The article 124(1) of the constitution of India says that there shall be
one Supreme Court in India, which shall consist the Chief Justice of India, and other 34 judges including the
Chief Justice of India.
 The judges sit in benches of 2 or 3 is called a Division Bench
 The judges sit in benches of 5 or more is called a Constitutional Bench at the time where there is a matter
of fundamental questions of the law.

Bench to Decide the Cases :All the cases related to the Constitution of India shall be decided by the five
judge’s bench whereas the other cases are decided by at least three judges bench.

The seat of Supreme Court: Delhi is declared as the seat of SC of India. Though the CJI has the power to
assign any place or places as the seat of Supreme Court because this is an optional not mandatory.

Qualifications for the judges of Supreme Court of India: The conditions to become the judge of the
Supreme Court are given under Article 124(3) of the Indian constitution.
 He must be a citizen of India. The person who is not a citizen of India cannot appear as a candidate for the
judge of the Supreme Court of India.
 If he is an eminent jurist.
 The person must be the judge of a high court for at least five years or more.
 He has practised as an advocate in a high court of India or as an advocate of two or more High Court for at
least 10 years.

Term of office of Judges of Supreme Court of India: The judges of SC hold the office until he attains
the age of 65 years.
Independence of Judiciary In: India, the judiciary is known as the Independent. The constitution of
India provides the independence of the judiciary. Click to read the full article on Independence of judiciary.

Jurisdiction of Supreme Court of India :

There are various types of the jurisdiction of SC:
Original jurisdiction (Article-131) The SC has the original jurisdiction of several cases. These are the
cases which cannot be heard by other courts of justice. It includes the cases.
 The case between Government of India and one or more states of India.
 The case where the government of India and any state of states are one party and other state or more than
one state is a different party.
 A dispute arises between two or more states where the question is depending on the existence of the legal
right.

Conditions to appeal in the Supreme Court in civil cases :

1. The civil case involves the substantial question of law
2. If the High Court opinion that the confliction arose in the case should be decided by the Supreme Court.
Conditions to appeal in the Supreme Court in criminal cases
1. If the HC has reversed the acquittal order passed by session judge and give the death sentence to the
accused.
2. If the HC has withdrawn a criminal case for trial from any subordinate court and passed the death
sentence to the accused.
3. When the High court thinks that the case is fit for the appeal in the Supreme Court. Normally, all the
cases, where the interpretation of any article of the constitution is needed, the SC hears the appeal in those
cases. The Supreme Court can also take the cases suo-moto (on its own).

Appellate jurisdiction (Article-132,133,134) : The Supreme Court is the highest court of appeal in
India. It has the appellate jurisdiction in all the cases of civil and criminal. All the cases decided in any high
court of India have the jurisdiction to appeal in the Supreme Court. The appeal for the cases can come
before the SC when High court issues a certificate for the effect.

Advisory jurisdiction (Article-143): The supreme court of India has advisory jurisdiction. The president
of India can seek advice from the SC where the matter is legal and high public importance. The SC has the
power to give the opinion to the President but the president of India is not bound with the decision.

The jurisdiction in case of fundamental rights : The article 32 of the constitution of India has given
the power to the Supreme Court to issue the writs for the enforcement of the fundamental rights given
under the constitution of India. That’s why the SC acts as the guardian of the fundamental rights given to the
citizens of India.

Final interpreter for the constitution of India : The constitution of India is the supreme law of the
land in India. SC acts as the final guardian and interpreter of the Constitution. The SC has the power to reject
any law which is unconstitutional. This is also known as the court’s power of judicial review.

Can Supreme Court overrule President India?

The President of India cannot overrule the judgement passed by SC. It is the Parliament who can amend any
law to overrule the Judgement of the Supreme Court. The President has the power to pardon power even in
the decision given by the supreme court of India. But technically, here the President is not overruling the
Judgement, he only pardons the accused.
POWERS OF THE SUPREME COURT:
 Power to punish for contempt of Court.
 Power to review own judgements- The Supreme Court is not binding to its own decisions. It has the
powers to review, change or revise its own decision.
 Appointment of ad hoc judges under article-127
 The jurisdiction in case of Electoral College -The Electoral College is used for the election of the president
and vice president of India. But if there is any confliction arises during the elections, the Supreme Court has
the power to hear that case and the decision given by the Supreme Court will be final for the Electoral
College.
 Appointment of retired judges of SC or HC- Article 128
 Appointment of acting Chief Justice-Article 126
 Revisory Jurisdiction under Article-137
As a court of records-All, the cases decided in the Supreme Court are recorded. The decision passed by the
Supreme Court has the binding on all the courts in India. All the High courts and other subordinate courts
used the decisions and the judgements of the SC to decide the case related to the judgement. The
judgement passed by the Supreme Court cannot be challenged by questioning.
 Special leave to appeal- The supreme court of India has the power to grant special leave of appeal against
the judgement, decree, order passed by any court or tribunal of India.

The procedure of the Supreme Court :

 It has the power to make the rules regarding the functioning and procedures followed by all the courts in
India.
 With the approval of the President of India, the SC can lay down the conditions and restrictions for its
employees.
 When the office of president is vacant then it is the duty of the vice president to take the responsibility of
president office. But if somehow, the vice president is not there, the Chief justice of India has the power to
fill up the vacancy and can act as the president of India for that period of time.

RELATIONSHIP BETWEEN THE SUPREME COURT AND HIGH COURT

The High Court is not a court subordinate to the Supreme Court. Both are Courts of Records. The High court
exercise power of superintendence over subordinate courts and tribunals. Supreme Court has no such
powers. The High Courts have much larger jurisdiction than Supreme Court in respect of the writs but the
Supreme Court remains the Courts of appeal for the judgements and other order of High Courts. Overall,
under hierarchical structure of Indian judiciary, Supreme Courts stands at apex and High Court is just
vertically below it.
“If the Supreme Courts and the High Courts both were to be thought of as brothers in the administration of
justice, the High Court has larger jurisdiction but the Supreme Court still remains the elder brother. There
are a few provisions which give an edge, and assign a superior place in the hierarchy, to Supreme Court over
High Courts. So far as the appellate jurisdiction is concerned, in all civil and criminal matters, the Supreme
Court is the highest and the ultimate court of appeal. It is the final interpreter of the law. Under Article 139-
A, the Supreme Court may transfer any case pending before one High Court to another High Court or may
withdraw the case to itself. Under Article 141 the law declared by the Supreme Court shall be binding on all
Courts, including High Courts, within the territory of India. Under Article 144 all authorities, civil and judicial,
in the territory of India – and that would include High Court as well – shall act in aid of the Supreme Courts”.
6. RELATIONS BETWEEN THE UNION AND THE STATES: LEGISLATIVE,
ADMINISTRATIVE, FINANCIAL—ELECTION COMMISSION: COMPOSITION AND
FUNCTIONS—DECENTRALISATION: RURAL AND URBAN LOCAL BODIES.

Central State Relation - Legislative, Administrative and Financial

In India, before the formation of the federation the States were not ‘sovereign’ entities.
As such, there was no need for safeguards to protect ‘States’. On account of the exigencies of the
situation, the Indian federation has acquired characteristics which are quite different from the American
model.

(i) The residuary powers under the Indian Constitution are assigned to the Union and not to the States.
However, it may be noted that the Canadian Constitution does the same mode of distributing the
powers cannot be considered as eroding the federal nature of the Constitution.
(ii) Though there is a division of powers between the Union and the States, the Indian Constitution
provides the Union with power to exercise control over the legislation as well as the administration of
the States. Legislation by a State can be disallowed by the President, when reserved by the Governor for
his consideration.
The Governor is appointed by the President of the Union and holds office “during his pleasure”. Again
these ideas are found in the Canadian Constitution though not in the Constitution of the U.S.A.
(iii) The Constitution of India lays down the Constitution of the Union as well as the States, and no State,
except Jammu and Kashmir, has a right to determine its own (State) Constitution.
(iv) When considering the amendment of the Constitution we find that except in a few specific matters
affecting the federal structure, the States need not even be consulted in the matter of amendment of
the Constitution. The bulk of the Constitution can be amended by a Bill in the Union Parliament being
passed by a special majority.
(v) In the case of the Indian Constitution, while the Union is indestructible, the States are not. It is
possible for the Union Parliament to reorganise the States or to alter their boundaries by a simple
majority in the ordinary process of legislation. The ‘consent’ of the State Legislature concerned is not
required; the President has only to ‘ascertain’ the views of the Legislatures of the affected States. The
ease with which the federal organisation may be reshaped by an ordinary legislation by the Union
Parliament has been demonstrated by the enactment of the States Reorganisation Act, 1956. A large
number of new States have, since, been formed.
(iv) Under the Indian Constitution, there is no equality of representation of the States in the Council of
States. Hence, the federal safeguard against the interests of the lesser States being overridden by the
interests of the larger or more populated States is absent under our Constitution. Its federal nature is
further affected by having a nominated element of twelve members against 238 representatives of the
States and Union Territories.

Centre State Relations

The Constitution of India provides a dual polity with a clear division of powers between the Union and
the States, each being supreme within the sphere allotted to it. The Indian federation is not the result of
an agreement between independent units, and the units of Indian federation cannot leave the
federation.
Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations
between the centre and the states.

The relations between centre and state are divides as:

1. Legislative relations
2. Administrative relations
3. Financial relations

1. Centre State Legislative Relations

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre
and the State.
Extent of laws made by Parliament and by the Legislatures of States
The Parliament can make laws for the whole or any part of the territory of India. Territory of India
includes the states, UTs and any other area for the time being included in the territory of India.
Whereas, the state legislature can make laws for whole or any part of state.

The Parliament can alone make ‘extra territorial legislation’ thus the laws of the Parliament are
applicable to the Indian citizens and their property in any part of the world.
Subject-matter of laws made by Parliament and by the Legislation of States
The Constitution divides legislative authority between the Union and the States in three lists- the Union
List, the State List and the Concurrent List. The Union list consists of 99 items. The Union Parliament has
exclusive authority to frame laws on subjects enumerated in the list. These include foreign affairs,
defence, armed forces, communications, posts and telegraph, foreign trade etc.
The State list consists of 61 subjects on which ordinarily the States alone can make laws. These include
public order, police, administration of justice, prison, local governments, agriculture etc.
The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce,
economic and special planning trade unions, electricity, newspapers, books, education, population
control and family planning etc. Both the Parliament and the State legislatures can make laws on
subjects given in the Concurrent list, but the Centre has a prior and supreme claim to legislate on
current subjects.
Residuary powers of legislation
The constitution also vests the residuary powers (subjects not enumerated in any of the
three Lists) with the Union Parliament. The residuary powers have been granted to the
Union contrary to the convention in other federations of the world, where the residuary
powers are given to the States. However, in case of any conflict, whether a particular
matter falls under the residuary power or not is to be decided by the court.

Parliament’s Power to Legislate on State List

Though under ordinary circumstances the Central Government does not possess power to legislate on
subjects enumerated in the State List, but under certain special conditions the Union Parliament can
make laws even on these subjects.
a) In the National Interest (Art.249): If the Rajya Sabha declares by a resolution supported by not
less than 2/3 of its members present and voting, that it is necessary or expedient in the national interest
that the Parliament should make laws with respect to any matter enumerated in the State List (Art.249).
After such a resolution is passed, Parliament can make laws for the whole or any part of the territory of
India. Such a resolution remains in force for a period of 1 year and can be further extended by one year
by means of a subsequent resolution.

b) Under Proclamation of National Emergency (Art.250)

Parliament can legislate on the subjects mentioned in the State List when the Proclamation of National
Emergency is in operation. However, the laws made by the Parliament under this provision shall cease
to have effect on the expiration of a period of six months after the Proclamation has ceased to operate,
except as respects things done or omitted to be done before the expiry of the said period.

c) By Agreement between States (Art. 252)

The Parliament can also legislate on a State subject if the legislatures of two or more states resolve that
it is lawful of Parliament to make laws with respect to any matter enumerated in the State List relating
to those State. Thereafter, any act passed by the Parliament shall apply to such states and to any other
state which passes such a resolution. The Parliament also reserves the right to amend or repeal any such
act.

d) To Implement Treaties (Art. 253): The Parliament can make law for the whole or any part of
the territory of India for implementing any treaty, international agreement or convention with any other
country or countries or any decision made at any international conference, association or other body.
Any law passed by the Parliament for this purpose cannot be invalidated on the ground that it relates to
the subject mentioned in the State list.

e) Under Proclamation of President’s Rule (Art.356): The President can also authorize the
Parliament to exercise the powers of the State legislature during the Proclamation of President’s Rule
due to breakdown of constitutional machinery in a state. But all such laws passed by the Parliament
cease to operate six months after the Proclamation of President’s Rule comes to an end.

Center's control over State Legislation

The Constitution empowers the centre to exercise control over the state’s legislature in
following ways:
1. The governor can reserve certain types of bills passed by the state legislature for the consideration of
the President. The President enjoys absolute veto over them.
2. Bills on certain matters enumerated in the State List can be introduced in the state legislature only
with the previous sanction of the President as imposing restrictions on freedom of trade and commerce.
3. The President can direct the states to reserve money bills and other financial bills passed by the state
legislature for his consideration during a financial emergency.
2. Centre State Administrative Relations
The administrative jurisdiction of the Union and the State Governments extends to the subjects in the
Union list and State list respectively. The Constitution thus defines the clauses that deal with the
administrative relations between Centre and States.

Centre State Relations During Normal Ties

1. Executive Powers of State be exercised in compliance with Union Laws: Article 256 lays down that the
executive power of every State shall be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that State, and the executive power of the Union shall
extend to the giving of such directions to a state as may appear to the Government of India to be
necessary for that purpose.
2. Executive Powers of State not to interfere with Executive Power of Union: Article 257 of the
Constitution provides that the executive power of every state shall be so exercised as not to impede or
prejudice the exercise of the executive power of the Union, and the executive power of the Union shall
extend to giving of such directions to a state as may appear to the Government of India to be necessary
for that purpose. In short, the Union Government can issue directions to the state Government even
with regard to the subjects enumerated in the state list.
3. Maintain means of communication of National or Military importance: The Union Government can
give directions to the state with regard to construction and maintenance of the means of
communication declared to be of national or military importance.
4. Protection of the Railways: Union can issue State Governments necessary directions regarding the
measures to be taken for the protection of the railways within the jurisdiction of the State. It may be
noted that the expenses incurred by the State Governments for the discharge of these functions have to
be reimbursed by the Union Government.
5. To ensure welfare of Scheduled Tribes in the States: Union can direct the State Governments to
ensure execution of schemes essential for the welfare of the Scheduled Tribes in the States.
6. To secure instruction in the mother-tongue at the primary stage of education: Union can direct the
State Governments to secure the provision of adequate facilities for instruction in the mother-tongue at
the primary stage of education to children belonging to linguistic minority groups.
7. To ensure development of the Hindi language: Union can direct the State Governments to ensure the
development of the Hindi language.
8. To ensure government of a State is carried on in accordance with the provision of the Constitution:
Union can direct the State Governments to ensure that the government of a State is carried on in
accordance with the provision of the Constitution. If any State failed to comply with any directions given
by the Union in exercise of its executive power, then President may hold that, a situation has arisen in
which the Government of the State cannot be carried on in accordance with the provisions of the
Constitution. Thus he may proclaim President’s Rule in that State.
9. Delegation of Union’s function to State: The President of India can entrust to the officers of the State
certain functions of the Union Government. However, before doing so the President has to take the
consent of the state Government. But the Parliament can enact law authorizing the Central Government
to delegate its function to the State Governments or its officers irrespective of the consent of such State
Government. On the other hand, a State may confer administrative functions upon the Union, with the
consent of the Union only.
10. Appointment of High Dignitaries: Union has major say in appointment and removal of Governor and
appointment of Judges of High Court and Members of State Public Service Commission.
11. All India Services: The presence of the All India Services - the Indian Administrative Services, Indian
police Services - further accords a predominant position to the Union Government. The members of
these services are recruited and appointment by the Union Public Service Commission. The members of
these services are posted on key posts in the states, but remain loyal to the Union Government.
12. Union to adjudicate Inter-State River Water Dispute: The Parliament has been vested with power to
adjudicate any dispute or complaint with respect to the use, distribution or control of the waters of, or
in any inter-state river or river-valley. In this regard, the Parliament also reserves the right to exclude
such disputes from the jurisdiction of the Supreme Court or other Courts.
Centre State Relations During Emergencies

1. Under President’s Rule: The State Governments cannot ignore the directions of the Union
Government, otherwise the President can take the action against the Government of the State stating
that the administration cannot be carried on the accordance with the provisions of the Constitution and
thus can impose President's rule on the State. In such an eventuality the President shall assume to
himself all or any of the functions of the state Government.
2. Under Proclamation of National Emergency: During a Proclamation of National Emergency, the power
of the Union to give directions extends to the giving of directions as to the manner in with the executive
power of the State is to be exercised relating to any matter.
3. Under Proclamation of Financial Emergency: During a Proclamation of Financial Emergency, Union can
direct the State Governments to observe certain canons of financial propriety and to reduce the salaries
and allowances of all or any class of person serving in connection with the affairs of the Union including
the Judges of the Supreme Court and High Courts. Union also requires all Money Bills or Financial Bills to
be reserved for the consideration of the President after they are passed by the Legislature of the State.

It is thus, evident that in the administrative sphere the States cannot act in complete isolation and have
to work under the directions and in cooperation with the Center.

3. Centre State Financial Relations:

Indian Constitution has made elaborate provisions, relating to the distribution of the taxes as well as
non-tax revenues and the power of borrowing, supplemented by provisions for grants-in-aid by the
Union to the States.
Article 268 to 293 deals with the provisions of financial relations between Centre and States.

The Constitution divides the taxing powers between the Centre and the states as follows:
The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List, the state
legislature has exclusive power to levy taxes on subjects enumerated in the State List, both can levy
taxes on the subjects enumerated in Concurrent List whereas residuary power of taxation lies with
Parliament only.

Distribution of the tax-revenue

1. Duties Levied by the Union but Collected and Appropriated by the States: Stamp duties on bills of
Exchange, etc., and Excise duties on medical and toilet preparations containing alcohol. These taxes
don’t form the part of the Consolidated Fund of India, but are assigned to that state only.
2. Service Tax are Levied by the Centre but Collected and Appropriated by the Centre and the States.

3. Taxes Levied as Well as Collected by the Union, but Assigned to the States: These include taxes on the
sale and purchase of goods in the course of inter-state trade or commerce or the taxes on the
consignment of goods in the course of inter-state trade or commerce.
4. Taxes Levied and Collected by the Union and Distributed between Union and the States: Certain taxes
shall be levied as well as collected by the Union, but their proceeds shall be divided between the Union
and the States in a certain proportion, in order to effect on equitable division of the financial resources.
This category includes all taxes referred in Union List except the duties and taxes referred to in Article
268, 268-A and 269; surcharge on taxes and duties mentioned in Article 271 or any Cess levied for
specific purposes.
5. Surcharge on certain duties and taxes for purposes of the Union: Parliament may at any time increase
any of the duties or taxes referred in those articles by a surcharge for purposes of the Union and the
whole proceeds of any such surcharge shall form part the Consolidated Fund of India.
Grants-in-Aid
Besides sharing of taxes between the Center and the States, the Constitution provides for Grants-in-aid
to the States from the Central resources.

There are two types of grants:-

1. Statutory Grants: These grants are given by the Parliament out of the Consolidated Fund of India to
such States which are in need of assistance. Different States may be granted different sums. Specific
grants are also given to promote the welfare of scheduled tribes in a state or to raise the level of
administration of the Scheduled areas therein (Art.275).
2. Discretionary Grants: Center provides certain grants to the states on the recommendations of the
Planning Commission which are at the discretion of the Union Government. These are given to help the
state financially to fulfill plan targets (Art.282).

Effects of Emergency on Center-State Financial Relations:-

1. During National Emergency: The President by order can direct that all provisions regarding division of
taxes between Union and States and grants-in-aids remain suspended. However, such suspension shall
not go beyond the expiration of the financial year in which the Proclamation ceases to operate.

2. During Financial Emergency: Union can give directions to the States:-

1. To observe such canons of financial propriety as specified in the direction.
2. To reduce the salaries and allowances of all people serving in connection with the affairs of the State,
including High Courts judges.
3. To reserve for the consideration of the President all money and financial Bills, after they are passed by
the Legislature of the State.

Finance Commission
Although the Constitution has made an effort to allocate every possible source of revenue either to the
Union or the States, but this allocation is quite broad based. For the purpose of allocation of certain
sources of revenue, between the Union and the State Governments, the Constitution provides for the
establishment of a Finance Commission under Article 280. According to the Constitution, the President
of India is authorized to set up a Finance Commission every five years to make recommendation
regarding distribution of financial resources between the Union and the States.

Constitution
Finance Commission is to be constituted by the President every 5 years. The Chairman must be a
person having ‘experience in public affairs’. Other four members must be appointed from amongst
the following:-
1. A High Court Judge or one qualified to be appointed as High Court Judge;
2. A person having knowledge of the finances and accounts of the Government;
3. A person having work experience in financial matters and administration;
4. A person having special knowledge of economics.

Functions
The Finance Commission recommends to the President as to:-
1. The distribution between the Union and the States of the net proceeds of taxes to be divided
between them and the allocation between the States of respective shares of such proceeds;
2. The principles which should govern the grants-in-aid of the revenue of the States out of the
Consolidated Fund of India;
3. The measures needed to augment the Consolidated Fund of a State to supplement the resources of
the Panchayats and Municipalities in the State;
4. Any other matter referred to the Commission by the President in the interest of sound finance
Conclusion:
In India, the Centre-States relations constitute the core elements of the federalism. The Central
Government and State Government cooperate for the well-being and safety of the citizens of India. The
work together in the field of environmental protection, terror control, family control and socio-
economic planning.
The Indian constitution aim at reconciling the national unity while giving the power to maintain state to
the State governments. It is true that the union has been assigned larger powers than the state
governments, but this is a question of degree and not quality, since all the essential features of a
federation are present in the Indian constitution. It is often defined to be quasi-federal in nature. Thus,
it can be safely said that Indian Constitution is primarily federal in nature even though it has unique
features that enable it to assume unitary features upon the time of need. Federal but its spirit is unitary

ELECTION COMMISSION: COMPOSITION AND FUNCTIONS

The election commission is an independent body that the Constitution of India set up to ensure a
free and fair election. The election commission of India is in charge of hosting the Lok Sabha
elections. The constitution has vested the election commission to direct, superintendent, and
control the elections of the parliament, state legislature, the President, and the Vice President of
India’s office.
The election commission of India is one body that is common to both the Central government and
the state governments. However, the election commission does not deal with the elections of
municipalities and panchayats in the different states. For these elections, a separate election
commission has been provided by the constitution of India.

The appointment of the Election Commission of India (ECI)

The election commission of India was established in 1950, and till 1989, it was a one-member
body that consisted of only the Chief Election Commissioner (CEC).

1. The voting age was made 18 years from 21 years, on 16 October 1989. Thus, two new election
commissioners were brought in by the President of India to help with ever-increasing pressure
on the election commission. Since then, the election commission has consisted of three election
commissioners.
2. Later in 1990, the two posts were eliminated. However, the action was repeated in 1993 when
the President appointed back the two election commissioners.
3. The three election commissioners execute the same power and emoluments and salaries as the
Supreme Court judge. In case of a difference of time between and among the election
commissioner, the decision is reached by the commission through a majority vote.
4. The Election Officer can hold his office for 6 years or until they attain the age of 65 years,
whichever comes first. However, they can also design or be removed any time before their
expiry.

The Election Commission’s Powers

The Election Commission of India is a permanent constitutional body.

1. The constitution has given the election commission the power to direct and control the entire
conduct of elections in the country.
2. The commission looks after the elections to the offices of the President and the Vice-President,
state legislators, and the parliament. It can be divided into three categories – Administrative,
advisory, and quasi-judicial.
3. The election commission advises the President on whether elections should be held in a state
currently undergoing the President’s rule.

The powers vested on the election commission include, but are not limited to, the
following –

1. To choose the territorial areas of the electoral constituency throughout the country, based on
the Delimitation Commission Act of the Parliament.
2. To prepare and revise the electoral rolls and register all eligible voters.
3. To decide the schedule and date for the election and scrutinise the nomination papers.
4. To recognise the different political parties and allocate their election symbols to them.
5. The election commission acts as a court to end all the disputes that concern the granting of
recognition to political parties and assigns them election symbols.
6. Appoint officials to look into disputes that may concern electoral arrangements.
7. Create a program that shall publicise the policies regarding all political parties on different
media platforms, such as the TV and radio, during the elections.
8. Advise the President on matters that may concern the disqualification of MPs, and advise the
Governor on issues that may involve the disqualification of MLAs.
9. The election commission can cancel polls in cases such as booth capturing, rigging, violence,
etc.

The Election Commission’s Functions

The functions of the election commission include, but are not limited to, the following –

1. The commission looks after the elections to the offices of the President and the Vice-President,
state legislators, and the parliament.
2. Scheduling the election timings to hold periodic and timely elections for general and by-
elections.
3. Deciding the spot of the polling stations, assigning voters to their polling stations, a spot for
counting centres, and making arrangements in the polling stations and counting centres and
other related matters.
4. To issue the Electronic Photo Identity Card (EPIC) and create the electoral roll.
Composition of the Election Commission:
Article 324 of the Indian constitution has made some provisions regarding the composition of
the election commission. It includes the following –

 The President of India is in charge of appointing the Chief Election Commissioner and the other
election commissioners
 If any other EC is appointed, the CEC serves the role of the election commission’s Chairman
 The President can appoint regional commissioners to assist the commission as well, such as a
commissioner can be appointed chiefly to look after the Karnataka election commission
 The President decides the tenure of the office and conditions of service of all the election
commissioners

Conclusion: The election commission of India is in charge of handling almost every duty that
will ensure a free and fair election in the country. Today, the election commission has become
the backbone of true democracy. It looks after the elections to the offices of the President and
the Vice-President, state legislators, and the parliament.
DECENTRALISATION: RURAL AND URBAN LOCAL BODIES:
INTRODUCTION : India is a vast country comprising 28 States, 8 Union Territories, 712 Districts and
approximately 9000 towns and more than 7 lakhs villages (figures pertain to 2018 year). Such a vast country
spreading over 15200 kilometres can best be governed through a decentralised model of governments. Local
Self-governments which have been in existence and flourished in the past (during ancient, Mughal and
British periods) in the forms of village Panchayats and Municipalities stand the tests of democratic
decentralisation. Decentralisation is a bulwark of governance and democracy. It advances the cause of self-
rule at the local level by the people.

MEANING OF DECENTRALISATION : The term ‘decentralisation’ is interchangeably used with terms

like deconcentration, devolution and delegation, though they have different connotations. Decentralisation
refers to “transfer of authority away from the national capital whether by decentralisation, that is
delegation, to field officers or by devolution to local authorities or other local bodies”. In the words of L.D.
White the transfer of administrative authority from a lower to a higher level of government is called
‘centralisation’; the converse is decentralisation. Decentralisation is the process of transferring or dispersing
functions, funds and personnel from a central authority to regional or local authority/ authorities. Cheema
and Rondinelli define ‘decentralisation’ as transfer of planning, decisionmaking or administrative authority
from the central government to its field organisations, local administration units or local government units.
Further, it is stated, decentralisation is a method embracing both processes of deconcentration and
devolution.

SIGNIFICANCE OF DECENTRALISATION Effective governance is essential for the delivery of goods and
services to the masses. But this could only be realised when the powers of the governments (from state to
district, from district to block and from block to village levels) are decentralised. Significant factors attached
to the decentralisation are advanced as follows:
1. First, decentralisation of governance is useful for heterogeneous regions. It is a means of overcoming the
severe limitations of centrally controlled schemes and programmes. Functions which relate to local planning,
resource generation and local decision making can be better carried out. It can cut through enormous
amounts of red-tape and highly structured procedures.
2.Second, decentralisation of governance can provide many safeguards. It enables proper execution of
programmes. As social audit is carried out by the people who must reap the benefits of government
programmes, the implementation gap can be abridged to a great extent by minimising leakages, diversion
and misuse of government funds.
3. Third, : by decentralising functions and by making use of local knowledge, good governance is assured. It
ensures closer interaction between civil servants and the local population. E-panchayat is one of the Mission
Mode projects being implemented by the Centre. Computerisation is in full swing at panchayat levels,
especially in Kerala, Karnataka, Madhya Pradesh, Gujarat, West Bengal, Andhra Pradesh and Goa.
4. Fourth, if people are encouraged to participate in policy making and execution it might contribute to
inclusiveness in the traditionally stratified village society of India. Heller argues that strengthening and
empowering local government has been justified not only on the grounds of making government more
efficient but also on the grounds of increasing accountability and participation (Heller, 2001).
5. Fifth, arguing for a decentralised administration, Cheema and Rondinelli observe that “decentralisation
helps in institutionalising the participation of citizens in development planning …It leads to a more flexible,
innovative and creative administration… It also ensures political stability by increasing the participation of
local people in decision-making”.
Rajni Kothari looks at decentralisation as an alternative system of governance based on a ‘people
centred’ approach to sorting out local-level problems. He observes that the process helps in “locating
people at the centre of power so that they become the basic engine of the development process and not,
as hitherto, merely its beneficiaries” (Kothari 1999).
RURAL LOCAL GOVERNANCE During the first decade in Independent India, fresh laws on panchayats
were passed by State Government in Uttar Pradesh (1947), Bihar (1947), Madras (1950), Punjab (1952),
West Bengal (1957), Bombay (1958), and in several of the new states created as a result of the territorial
reorganisation initiated in different regions of the country. Article 40 of the Indian Constitution regarding
panchayats was an important authoritative affirmation and impetus for these enactments in various states.
Though there were variations in the provisions of these laws, their main purpose was to strengthen the
structure and powers of village panchayats. Local government structure in rural India was extremely varied
before 1957. The publication of the Report of the Study Team on the Community DevelopmenT Projects and
National Extension Service (under the Chairmanship of Balvantray Mehta) gave a boost to local self-
government. The Second Five-Year Plan also stressed the “the need for creating within the district and local
levels, a well organised democratic structure of administration in which the village Panchayats will be
organically linked with popular organisations at higher levels. The report of the Balvantray Mehta study team
was followed by the introduction of a somewhat standardised panchayat system consisting of a three-tier
structure of Panchayats at the village level, Panchayat Samitis at the block/taluk (village cluster) or sub-
division level, and Zila Parishads (District Boards/Councils) at the district level. The new three-tiered rural
local bodies system was named as Panchayati Raj (PR) on the suggestion of the then Prime Minister,
Jawaharlal Nehru. The lead in the establishment of the PR - in 1959 - was taken by the States of Rajasthan
and Andhra Pradesh. During the next two decades, PR began to stagnate and then started declining in the
efficacy of its role in the promotion of development programmes in rural areas. In this context, the Asoka
Mehta Committee Report (1978) on Panchayati Raj Institutions observed: “Panchayari Raj Institutions are
dominated by economically and socially privileged sections of society and have as such facilitated the
emergence of oligarchic forces yielding no benefits to weaker sections”.

CONSTITUTIONAL STATUS OF PANCHAYATS: Looking at the languishing of grassroots democracy, a

Committee under the chairmanship of L.M. Singh vi recommended, in its Report (1986), that “local self-
government should be constitutionally recognised, protected and preserved by the inclusion of a new
chapter in the Constitution”. In May 1989 a Constitution (64th Amendment) Bill was introduced by the then
Rajiv Gandhi government in the Lok Sabha to grant constitutional status to local government units, but it
failed to become an Act for want of necessary support in the Rajya Sabha. Two years later, in 1991, the
Constitution (Seventy-Second Amendment) Bill, 1991 was introduced in the Lok Sabha and subsequently, in
the Rajya Sabha. Both Houses of Parliament passed the Bill in December, 1992. After ratification by the
legislatures of more than half the states, the President gave his assent to the Bill in April 1993, enabling it to
become an Act, i.e., the Constitution (Seventythird Amendment) Act, 1992. It has incorporated a new Part IX,
regarding Panchayats, including a new Eleventh Schedule of subjects related to which the implementation of
schemes for economic development and social justice may be entrusted to the Panchayats. The Act enjoins
upon the state governments to adopt a more or less uniform pattern of structure of Panchayati Raj
institutions.

Features of Panchayats under 73rd Constitution AmendmenT: Structure and Composition of the
three-tier System: The Constitution under part IX envisages a three-tier system of Panchayats: Village
Panchayat, Intermediate Panchayat (where the population is above 20 lakhs) and District Panchayat (only
two tiers in case of states or Union Territories having population less than 2 million). It also provides for
Gram Sabha (general assembly of registered voters who reside in the area of gram panchayat) as a forum for
direct participation of villagers in local governance. Seats in Panchayats at all three levels shall be filled by
direct election. In addition, chairpersons of Panchayats can be made, members of the Panchayats at
intermediate level, and chairpersons of Panchayats at intermediate level can be members of the district
Panchayat. The tenure of Panchayats is 5 years. There is a stipulation that elections should be held within 6
months in the event of supersession of any Panchayat. Reservation of Seats for SC/ST and Women: The 73rd
Constitution Amendment provides reservation of seats for (a) SCs and (b) Scheduled Tribes in proportion of
their population. Out of the seats so reserved not less than 1/3rd of the seats shall be reserved for women
belonging to Scheduled Castes and Scheduled Tribes respectively. In addition, not less 1/3rd of the total
number of seats to be filled by direct elections in every Panchayat shall be reserved for women. Powers,
Responsibilities and Financial Resources: The 73rd Constitution Amendment empowers the legislatures of
the states to confer on the Panchayats such powers and authority as may be necessary to enable them to
function as institutions of self-government. They may be entrusted with the responsibility of (a) preparing
plans for economic development and social justice, (b) implementation of schemes for economic
development and social justice, and (c) in regard to the 29 items listed in the Eleventh Schedule of the
Constitution. The Panchayats will receive adequate grants and funds for carrying out their functions. They
may also be empowered to levy, collect and appropriate taxes, duties, tolls, etc.

Governing Aspects of Panchayats The 73rd Constitutional Amendment Act providing constitutional
status and framework for the Panchayats in India is a positive and a significant step towards making
Panchayats as vibrant local democratic institutions contributing significantly to ongoing process of
democratisation and development among rural people. The state governments have taken follow-up
measures in response to the 73rd Amendment Act. But there are significant variations among the states
regarding the extent of autonomy granted to panchayats. Union Ministry of Panchayati Raj: The Union
Ministry had been playing the role of motivator, guide and supporter for implementation of the Amendment
Act in States and Union Territories. The Ministry of Panchayati Raj (MoPR) was created in 2004. It has the
primary objective to ensure the compliance of the provisions of Part IX of the Constitution. The Ministry also
sponsors training programmes to functionaries of PRIs aimed at capacity building and to develop governance
capabilities. ‘Panchayat’ is a state subject and, therefore, the Ministry of Panchayati Raj promotes
Panchayati Raj through various schemes, and advocacy with states. One of the ambitious central schemes is
e-Panchayat with a target of 2.2 lakh Panchayats. The scheme focusses on automation of the internal work
processes of Panchayats. Besides software, the Ministry provides computers to Panchayats. Organisations
created by the Ministry address the major constraints to adequate devolution of powers, and issues such as
lack of manpower, inadequate infrastructure or deficiencies of capacity, which hamper the effective
functioning of Panchayats. Besides, the Fourteenth Finance Commission (FFC) award (for the period of 2015-
2020) has created an opportunity for the formulation of convergent plans at the local level with a focus on
social and economic empowerment. The most important element is provision of central grants directly to all
the Panchayats. They are not routed through the state governments.

WEAKNESSES OF THE PANCHAYAT SYSTEM : Decentralised governance to be effective has to ensure

that citizens become central focus in designing service delivery. But a careful examination of the Panchayat
System reveals that the PRIs suffer from several weaknesses.
1. First, many Panchayats in several states have rather small populations and do not, therefore, have
minimum resources of their own to undertake basic services and activities autonomously. Their heavy
dependence for financial and administrative support upon the state governments not only dilutes their
autonomy, but also introduces an element of uncertainty in the proposed programmes of activities.
2. Second, elected members, especially women lack a participatory approach. They hesitate to come forward
to participate in socio-economic activities. In addition, a substantial percentage of the elected members and
chairpersons of the Gram Panchayats have a poor educational profile. As such their functional role is weak.
3.Third, panchayat administration has been deficient in requisite standards of efficiency, probity and social
equity and public accountability. This has been partly on account of the absence of well organised Panchayat
administrative services and reliance on personnel deputed from state government. Moreover, lack of proper
understanding of their respective role by officials and the elected representatives within Panchayat system
results in frictions between the two.
4. Fourth, actual devolution of statutorily specified powers and functions along with transfer of requisite
finances and administrative personnel to the Panchayat system in a phased manner has been woefully
inadequate in many states
5. Fifth, there is a problem of coordination within a district between the functioning of two wings of local
government – Panchayats and Municipalities. In addition, the coordination between the Panchayat system
and the District Administration offices or government field offices tends to be weak or fractional. This dilutes
the local support system for the effective functioning of Panchayats in several districts.
6. Sixth, one of the major areas of concern is corruption in PRIs. Speaking on 24 April 2018, the National
Panchayati Raj Day, the Prime Minister urged members of the PRIs to focus on the proper utilisation of
funds, backed by transparency. There are serious allegations of misutilisation of funds at the panchayat
level. Thus the major constraints are inadequate financial powers, lack of manpower, inadequate
infrastructure, and limited capability of the office-bearers of Panchayats.

URBAN LOCAL GOVERNANCE : Within local government, urban governance is a great challenge not
only to the state government but also to the Union government. The subject of urban governance becomes
more important when we consider the magnitude of problems arising from urbanisation and unprecedented
growth of towns and cities. Before we discuss various issues related to urban governance, a conceptual
discussion of the term ‘urban decentralisation’ is useful and is presented here. Urban decentralisation may
be defined as consisting of a movement of the residential population away from commercial and financial
complex to areas on the outer edge of the city. Muller asserted that urban decentralisation “refers to the
specific relocation of people and activities from city suburbs” (Muller: XI).
Brief Historical Context of Urban Local: Government Municipal bodies have a long history in India.
The first such Municipal Corporation was set up in the former Presidency Town of Madras in 1688, and later
in Bombay and Calcutta in 1726. The Constitution did not make urban local self-government a constitutional
obligation. While the Directive Principles of State Policy refer to Villages Panchayats, there is no
corresponding provision or specific reference to municipalities or urban local bodies. The Union Ministry of
Urban Development, set up in 1985, has the responsibility of broad policy formulation and monitoring of
programmes in the area or urban development.

CONSTITUTIONAL STATUS OF MUNICIPALITIES Looking at the weak position of the urban local
government, the National Commission on Urbanisation (NCU), in its Report (1988), expressed its concern
thus: “The inefficiency of our cities and towns is being perpetuated by obsolete, rigid and inefficient laws,
regulatory provisions and norms. The urban centres, with the concentration of diverse activities, should be
generators of wealth; instead, they have degenerated into parasites looking elsewhere for support”.
Consequently, in 1989, the 65th Constitution Amendment Bill was introduced in the Parliament to revamp
municipal government in India. The amendment sought to ensure that municipal bodies were invested with
necessary powers and authority to enable them to function effectively as units of local government. But it
could not become an Act, as in the case of legislation on Panchayati Raj, until 1992. The 74th Constitution
Amendment Act, 1992, became operational from April 1993. This Amendment Act (forming part IX A of the
Indian Constitution) confers constitutional status to the municipalities and its provisions are applicable to all
States and Union Territories except the Scheduled and Tribal Areas.

Union Ministry of Urban Development The: Ministry of Urban Development has the responsibility
of broad policy formulation and monitoring of programmes in the area of urban development. Urban
Development is a state subject but the Government of India plays a coordinating and monitoring role and
also supports urban development through several centrally sponsored schemes. The Ministry also addresses
various issues of urban sector through policy guidelines, legislative guidance and sectoral programmes.

Structure and Composition of Municipalities :While there is no uniformity in the structure of urban
governance, all states have urban local bodies as institutions of decentralisation which usually provide services of a
purely local nature. These are created in designated urban areas as defined by the census and also for areas of special
importance decided by the state/central government authorities. The small towns are covered under the
discretionary criteria of urban settlements until these reach the required population threshold of 10,000, to
be elevated as municipalities with fully elected councils. Again when a municipal area covers about 300,000
populations, the status of Municipal Corporation is generally accorded. The 74th Constitutional Amendment
identifies three types of municipal bodies:
1) Nagar Panchayat (by whatever name called): This is for a transitional area, which is transforming itself
from being a rural area into an urban area;
2) Municipal Council: This is for “a smaller urban area”; and
3) Municipal Corporation: This is for “a larger urban area”. Ward Committees: The 74th Amendment Act has
also provided for creation of elected ward committees and zonal committees in the big cities and
representation of their chairpersons in the city councils. Each state government would decide the criteria for
the three types of municipal bodies mentioned above .Besides these three categories,, there is also a
provision for constituting industrial townships, which need not have elected bodies. The positions of the
cantonments are left unaffected by the 74th Amendment Act. The members of a Municipality would
generally be elected by direct election. The Legislature of a State may by law provide for representation in a
municipality to (i) persons having special knowledge in municipal administration; (ii) members of Parliament
and State Legislature; and (iii) the chairpersons of ward and zonal committees, in the case of municipal
corporations. Tenure of Elected Municipal Bodies: The tenure of an elected municipal body is five years. In
case a municipal body is sought to be dissolved earlier, a reasonable opportunity of being heard must be
given to the municipal body concerned. A Municipality constituted after its dissolution shall continue only
for the remainder of the term. Reservation of Seats for SCs/STs and Women: In Municipalities, seats would
be reserved for SCs and STs in proportion to their population and one- third of the total number of seats
would be reserved for women. This includes the quota for women belonging to Scheduled Castes and Tribes.
It has been left to the State legislature to prescribe by law the manner of reservation of the offices of the
Chairpersons of Municipalities. Powers, Authority and Responsibility of Municipalities: To enable
Municipalities to function as institutions of self-government, they may be given the responsibility by the
state legislatures of: (i) preparation of plans for economic development and social justice; (ii)
implementation of schemes (poverty alleviation); and (iii) matters contained in the18 items mentioned in
the 12th schedule. The Legislature of a State may by law authorise a municipality to levy, collect and
appropriate taxes, duties, tolls, etc. It can also assign to a municipality various taxes, duties, etc. collected by
the state government. Further, grants-in-aid may be given to them state government. State Finance
Commission: The State Finance Commission appointed under Article 243-I for Panchayats shall also review
the financial position of the municipalities and make recommendations to the Governor as to

a) the principles which should govern: (i) the distribution between the State and the municipalities of the net
proceeds of the taxes, duties, tolls and fees leviable by the state and the allocation between the
municipalities at all levels; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to
the municipalities; (iii) the grants-in-aid to the municipalities from the consolidated Fund of the State; b) the
measures needed to improve the financial position of the municipalities; and c) any other matter that may
be referred to it by the Governor of the state. The Finance Commission appointed under Article 280 would
also make recommendation in regard to the measures needed to augment the Consolidated Fund of a State
to supplement the resources of the Municipalities in the State.

Election to Municipalities: The State Election Commission constituted under Article 243K shall have the power of
direction and control of (i) the preparation of electoral rolls for, and (ii) the conduct of all elections to the
municipalities. Constitution of Metropolitan Committees: The 74th Amendment also provides for creation of a
Metropolitan Planning Committee which shall prepare a development plan for the whole Metropolitan area and
forward the same to the state government. The composition of the committees and the manner in which chairpersons
are to be chosen and seats are to be filled are to be provided by a law to be made by the State legislature. With
respect to functions that are to be performed by the Metropolitan Planning Committee (to prepare a development
plan for the whole Metropolitan area), the State legislature would by law make provisions including functions relating
to planning and coordination for the Metropolitan area
CONCLUSION :At present people’s expectations about reformed and revitalised local government aiming
at contributing suitably and vigorously to processes of democratisation and development are very high.
However, much depends upon the Union Government, state governments, elected representatives of local
governments as well as political parties for playing their respective roles vigorously and meaningfully for
increasing success of the reformed Panchayats and Municipalities. Local governance is a critical factor to the
citizen’s overall development. But it poses a formidable challenge to the government. In order that fruits of
good governance reach the citizens, democratic institutions like municipal government and panchayats need
careful nurturing, provision of adequate resources and functional autonomy. But transfer of power from the
state authority seems to be difficult. Despite the 73rd and 74th Constitutional Amendments, urban local
bodies find themselves in a financially precarious situation on all fronts. This has seriously affected the
functioning of the local government institutions. There are no signs of gradual transfer of powers and
authority of state legislatures to the local bodies. It must also be admitted that most of the local bodies are
reluctant to use their existing powers of taxation to an optimum extent. This is mostly for reasons of
populism. There are also complaints of leakages. Collection of a certain percentage from the contractors for
the works executed in the respective wards by the corporators and municipal councillors has become a
shameful practice. One may, therefore, argue that these elected bodies do not function as institutions of
self-government Empowerment of local bodies is expected to ensure better quality of governance. But the
outcome is disappointing in many states and local bodies. Accountability of the elected functionaries is at a
discount. Vigilance from the citizens is also inadequate. Needless to mention that the existing processes of
governance and service delivery need to be considerably improved at the local level. Then only the goals of
local self- government will be realised.

7. POLITICS: PARTY SYSTEM IN INDIA: MAIN FEATURES–NATIONAL PARTIES,

REGIONAL PARTIES- COALITION POLITICS: NATURE AND TRENDS- GROUPS IN
INDIAN POLITICS: BUSINESS, WORKING CLASS AND PEASANTS -RELIGION IN
INDIAN POLITICS– SECULARISM AND THE INDIAN STATE--CASTE IN INDIAN
POLITICS– THE ISSUE OF RESERVATION.

POLITICS: PARTY SYSTEM IN INDIA

INTRODUCTION : In a democratic country, institutions play a significant role. Political parties represent
such institutions through which people participate in legislative processes by electing parties’ nominees into
legislative bodies. They also mobilise people into political activities. Through such activities parties raise
concerns of people. Therefore, political parties are essential features of a democratic political system. India
has several political parties. In the post-Independence period, India has witnessed transformation from
dominance of single party, the Congress in the 1950s-1960s, into multiplication of parties in the later period.
The unit discusses the evolution of political parties and party system and relationships of political parties and
party systems with democracy in India.

MEANING OF POLITICAL PARTY AND PARTY SYSTEM : Political Party Political party forms an important
component of a political system. A political party is an institution which consists of leaders, followers,
policies and programmes. Its followers may have formal membership of the party or may support it without
being formal members. There are different parties. Parties can be differentiated on the bases of leaders,
policies and programmes, ideologies and internal functioning. The principal feature of a political party which
distinguishes it from other organizations is that its main purpose is to capture power. Unlike a political party,
a pressure group, interest group or non-party civil society organization, generally do not seek power.
However, sometime such organizations also contest elections. Political parties are the important links
between individuals, state and society.
 Functions of a Political Party
Every political party has a number of functions to perform. Here we have listed some of them.
 A political party contests elections by putting up candidates.
 In countries like the USA, the candidates are selected by members and supporters of a party.
 On the other hand, in countries like India, the candidates are chosen by top party leaders.
 Every party has different policies and programmes. Voters make a choice in accordance with the policies
and programmes liked by them.
 In a democratic country, a large group of people that has certain similar opinions group together and form
a party. Then then, give a direction to the policies adopted by the government.
 Those parties which lose elections form the opposition. They voice different views and criticise the
government for their failures and mobilize opposition to the government.
 Political parties shape public opinion. With the help of the pressure groups, the parties launch movements
for solving problems faced by the people.

Parties even offer access to government machinery and welfare schemes. The local party leader serves as
a link between the citizen and the government officer.

 PARTY SYSTEM
 There are three types of party systems:
 One-Party System
 Two-Party System
 Multi-Party System

One-Party System
In a one-party system, there is no competition in this system. Here, the lone party nominates the candidates
and the voters have only two choices i.e.
> Not to vote at all or
> write ‘yes’ or ‘no’ against the name of the candidates nominated by the party

Such a political system has been prominent in authoritarian regimes and communist countries such as China,
North Korea, and Cuba. Before the collapse of communism, this system was also prevalent in USSR.

Two-Party System
In a two-party system, the power shifts between two major, dominant parties. So, for winning the
elections, the winner will have to get the maximum number of vmaximum number of votes is not
equivalent to a majority of votes.
So, the smaller parties tend to merge with the bigger parties or they drop out of elections. Such
a parliamentary system prevails in Canada and Great Britain, in which there are two parties holding the
maximum numbers of seats.
Multi-Party System
The third and the most common form of government is the multi-party system. In such a system, there
are three or more parties which have the capacity to gain control of the government separately or in a
coalition.
In case, no party achieves a clear majority of the legislative seats, then several parties join forces and
form a coalition government. Countries like India, follow a multi-party system. Some people are of the
view, that a multi-party system often leads to political instability in a country.

MAIN FEATURES–NATIONAL PARTIES,

REGIONAL PARTIES:

A political party is a gathering who meets up to challenge races and holds power in the public
authority. They settle on certain strategies and projects for the general public, with the end goal of
advancing the aggregate great.

A political party is partitioned by three systems:

1.The Leaders.
2. The active members
3. The followers.
These parts of political parties hold really great for each of the nations on the planet.

National Parties: Each party in the nation needs to enlist with the Election Commission. It offers a
few exceptional offices for huge and laid-out parties. The Election Commission has set down nitty-
gritty rules of the extent of votes and seats that a party should set up to be a perceived party.

1. A party that gets something like 6% of the all-out votes in a political decision to the Legislative
Assembly of a State and wins somewhere around 2 seats is perceived as a State Party.
2. A party that gets something like 6% of the all out votes in Lok Sabha decisions or Assembly races
in 4 States and wins somewhere around 4 seats in the Lok Sabha is perceived as a National Party.

National Parties in India

Bharatiya Janata Party (BJP):
1. Idea by Syama Prasad Mukherjee in 1951 and established in 1980.

2. Drawing motivation from India’s antiquated culture and values and Deendayal Upadhyaya’s thoughts of
indispensable humanism and Antyodaya, needs to fabricate a solid and current India.

3. Social patriotism (or ‘Hindutva’) is a significant component in its origination of Indian nationhood and
governmental issues.

4.Prior restricted to north and west and to metropolitan regions, the party extended its help in the south, east, the
north-east and to country regions.

Indian National Congress (INC)

 Prominently known as the Congress Party. Perhaps the most established party of the world. Established in 1885 and
has encountered many parts.

 Under the administration of Jawaharlal Nehru, the party looked to assemble an advanced common popularity based
republic in India.

 The party’s fundamental thought is to advance secularism and government assistance of more fragile segments and
minorities.
 All India Trinamool Congress (AITC)
 Sent off on 1 January 1998 under the authority of Mamata Banerjee.
 Perceived as a public party in 2016.
 The party’s image is blossoms and grass.
 Focused on secularism and federalism.
 Has been in power in West Bengal starting around 2011 and has a presence in Arunachal Pradesh,
Manipur and Tripura.

Bahujan Samaj Party (BSP)

 Shaped in 1984 under the initiative of Kanshi Ram.
 For the rights of Bahujan Samaj which incorporates the Dalits, Adivasis, OBCs and strict minorities.
 Represents the reason for getting the interests and government assistance of the Dalits and
mistreated individuals.
 It has its fundamental base in the province of Uttar Pradesh and significant presence in adjoining
states like Madhya Pradesh, Chhattisgarh, Uttarakhand, Delhi and Punjab.
 Shaped government in UP a few times by taking the help of various gatherings at various times.

Features of Regional Parties in India

The features of an Indian Regional Party are as follows:

1. It generally operates within a specific state or specific region. Its electoral base is limited to a single region.

2. It articulates regional interests and identifies itself with a particular cultural, religious, linguistic or ethnic group.

3. It is primarily concerned with exploiting the local resources of discontent or preserving a variety of primordial
demands based on language, caste or community or region.

4. It focuses on local or regional issues and aims to capture political power at the state level. It has no inclination to
expand and control the central government

5. It has a political desire for greater regional autonomy of states in the Indian Union.

Classification of Regional Parties in India

The various regional parties in India can be classified into the following:

1. Those regional parties which are based on regional culture and ethnicity. These include Shiromani Akali Dal, National
Conference, DMK, AIADMK, Telugu Desam, Shiv Sena, Asom Gana Parishad, Mizo National Front, Jharkhand Mukti
Morch and so on.

2. Those regional parties which have an all-India outlook but lack a national electoral base. The examples are Indian
National Lok Dal, All-India Forward Bloc, Revolutionary Socialist Party, Samajwadi Party, National Congress Party and so
on.

3. Those regional parties which have been formed by a split in National parties. For example, Bangla Congress,
Telangana Praja Samithi, Trinamool Congress, YSR Congress and so on.

4. Those regional parties which have been formed by individual leaders on the basis of their charismatic personalities.
These are called as personalised parties and they are short-lived. The examples are Lok Janshakti Party, Haryana Vikas
Party, Himachal Vikas Congress and so on.
COALITION POLITICS: NATURE AND TRENDS: The word “coalition” comes from the Latin word “coalitio,”
which meaning “to develop together.” Thus, coalition technically refers to the process of combining pieces
into a single body or whole. In politics, a coalition is an alliance of several political parties. A coalition
government is one in which political parties work together to establish a government. It is a government
created by more than one political party working together. Following a General Election, parties may elect to
establish a coalition administration if there is a hung parliament in which no one party has a clear working
majority.

Coalition Governments formed

A coalition government may also be formed during a period of national difficulty or crisis to provide a
government with a high degree of perceived political legitimacy or collective identity. It may also play a role
in reducing internal political strife. A coalition government is one created by the alliance of two or more
parties. The government is formed when a party receives the majority of votes in an election. When no one
party has a clear majority, a coalition government is created through the partnership of two or more parties.

Coalition Government in India- Background

o End of Congress system: Congress party was defeated in 1989 elections and lost its centrality even
though it enjoyed a Majority with 415 seats in 1984 elections.

o Rise of Mandal issue: disputes between supporters and opponents of Mandal Commission grew due to
implementation of its recommendations to reserve jobs in the Central government for other backward
classes.
o New economic reforms: Rajiv Gandhi initiated various structural adjustment programs in 1991.
o Demolition of babri masjid in December 1992: It initiated the issue of nationalism and secularism of India
and led to rise of BJP and Hindutva politics.
o Assassination of Rajiv Gandhi in 1991: It was done by Sri Lankan Tamil during election campaign in Tamil
Nadu that caused transfer of leadership to Narasimha Rao.

Features of Coalition Government in India

o A coalition agreement is a negotiated agreement between the parties that constitute a coalition governm
ent in multi-party nations.
o It codifies the cabinet’s most essential common aims and objectives.
o It is frequently written by legislative party leaders.
o A coalition system’s core basis is the simple fact of temporary convergence of specific interests.
o Coalition politics is a dynamic affair in which coalition actors and organizations can dissolve and create ne
w ones.
o Coalitions are divided into two types: internal coalitions and external coalitions.
o Internal coalitions are made up of people who already work in an organization, such as a workplace.
 Era of coalitions
Domination of Congress
o The Congress party had sway in a democratic setting.
o The origins of the Congress party’s unprecedented success may be traced back to the heritage of the lib
eration fight.
o The Congress brought together various organisations with frequently contradicting goals.
o At the time of independence, the Congress had evolved into a rainbow-
colored social alliance that represented India’s variety in terms of classes and castes, faiths and languag
es, and diverse interests.

o Congress’s coalition-
like nature gave it remarkable strength. Actions are groups within a party with opposing beliefs.
o Some of these divisions were founded on intellectual reasons, but the majority of them were
founded on personal aspirations and rivalries.

Decline of Congress
o Congress was defeated in 1989 from National front (Janata Dal and regional parties).
o Decline of Congress started an era of multi party system where no single party secured majority in
elections from 1989 to 2014.
o Alliance politics
o Many parties represented Dalits & OBC and emerged through the United front government in 1996
which received support from Congress.

o In 1989, the National front government received the support from BJP and the left to keep Congress
out of power.
o But in 1996, the Congress and the left supported the National front to keep BJP out of power.
o In 1996, BJP emerged as the largest party and formed a coalition government to come into power from
May 1998 to June 1999 and re-elected in October 1999 with Atal Bihari Vajpayee as Prime Minister.
o A phase of coalition government began after 1989 elections as there have been 11 governments at the
centre that were either in coalition or minority governments supported by others.

Political rise of Other Backward Classes

Many members of Janata Party like Bharatiya Kranti Dal and Samyukta socialist party had powerful
influence among OBC communities.
Mandal Commission

o National front government decided to implement the recommendations of the Mandal Commission
which helped in mobilizing OBCs in politics and providing opportunities in education and employment.

o During 1977-79, the Janata Party demanded reservation for backward classes in North India and at
National level.
o A new policy of reservation was introduced in Bihar by Karpoori Thakur (CM of Bihar).
o In 1978, the Central government appointed a Commission to recommend ways to improve conditions
of backward classes and named it the Second Backward Class Commission (SEBC).
o Bindeshwari prasad Mandal was its chairperson and hence it is known as Mandal Commission.
o Its role was to identify the extent of educational and social backwardness and ways to identify
backward classes with recommendations to end this backwardness.
o It recommended 27% seat reservation in the educational and employment sector along with land
Reforms improve conditions of OBCs.
o The recommendation of reservation was implemented by the National Front government in 1990.

o This decision was challenged in the Supreme Court and came to be known as the ‘Indira Sawhney case’
causing political fallouts.

o In 1978, BAMCEF formed as a trade union of government employees took a stand in favouring political
power to SC, ST, OBC and minorities.
o Later Bahujan samaj party (BSP) was formed from Dalit Shoshit Samaj Sangharsh Samiti under Kanshi
Ram’s leadership.
o It received support from Punjab, Haryana, UP and emerged as a major political player in state due to
the Dalit voters.
Emergence of new consensus
Lok Sabha Election 2004:
o Congress entered into a correlation known as UPA with the support from left front parties.
o There was negligible difference between votes polled by Congress, BJP and their allies.

o Four major parties emerged in political competition including Congress coalition parties, BJP and its
alliance, Left front parties and others.
o Growing consensus and among severe competition and conflicts, a broad agreement emerged among
many parties on:
o Agreement on economic policies.
o Acceptance of political and social claims of backward classes.
o Acceptance of state level parties’ role in governance.
o Emphasis on pragmatic consideration than ideological positions and alliance.
Coalition Government – Advantages and Disadvantages
There are various advantages and disadvantages of the coalition government. Some of them are
discussed below:
Advantages
o The government’s operation accommodates a variety of interests.
o A coalition government is a vehicle for meeting and addressing the needs of various parties.
o The federal fabric of the Indian political system is strengthened by coalition politics. This is because a
coalition administration is more receptive to regional requests.
 o Despotic control is less possible with a coalition administration. Because the government’s activities are
not dominated by a single political party. The coalition’s members are all participating in the decision-
making process.
o A coalition government is made up of a variety of political parties, each having its own ideology and
objectives. On the other hand, government policy necessitates the cooperation of all coalition partners.
As a result, a coalition government encourages political consensus.
o India is a vast country with a wide range of interests. Cultures, languages, castes, religions, and ethnic
groupings are all present. This means that the coalition government is more representational of the
electorate and reflects public mood.
Disadvantages

o They’re either unstable or on the edge of becoming so. The government can fall apart due to differences
of opinion among coalition members.

o The Prime Minister’s leadership is a fundamental principle of the parliamentary system of government.
In a coalition government, this principle is constrained because the Prime Minister must consult with
the coalition partners before making key decisions.

o Regional leaders participate in national decision-making by bringing regional realities to the fore. They
put pressure on the alliance’s central executive to comply with their requests, threatening to depart if
they don’t.
o Members of the coalition government refuse to take responsibility for administrative shortcomings and
blunders. To avoid assuming personal and group responsibility, they may conduct blame games.

o The smaller constituency of the coalition government could play a “king-maker” role. They demand
more than just parliamentary strength.

o The coalition partners’ Steering Committee or Coordination Committee serves as a “Super-Cabinet,”

undermining the cabinet’s role and position in government operations.

GROUPS IN INDIAN POLITICS: BUSINESS, WORKING CLASS AND PEASANTS

 CASTE ISSUE RESERVATION IN
INDIAN POLITICS
Reservation in India
Introduction

The age-old caste system of India is responsible for the origination of the reservation system in
the country.
In simple terms, it is about facilitating access to seats in the government jobs, educational
institutions, and even legislatures to certain sections of the population.
These sections have faced historical injustice due to their caste identity.
As a quota based affirmative action, the reservation can also be seen as positive
discrimination.
In India, it is governed by government policies backed by the Indian Constitution.

Historical Background

William Hunter and Jyotirao Phule in 1882 originally conceived the idea of caste-based
reservation system.
The reservation system that exists today, in its true sense, was introduced in 1933 when British
Prime-Minister Ramsay Macdonald presented the ‘Communal Award’.
The award made provision for separate electorates for Muslims, Sikhs, Indian Christians, Anglo-
Indians, Europeans and the Dalits.
After long negotiations, Gandhi and Ambedkar signed the ‘Poona Pact’, where it was decided that
there would be a single Hindu electorate with certain reservations in it.
After independence, initially reservations were provided only for SCs and STs.
OBCs were included in the ambit of reservation in 1991 on the recommendations of the Mandal
Commission.

Mandal Commission

In exercise of the powers conferred by Article 340 of the Constitution, the President appointed a
backward class commission in December 1978 under the chairmanship of B. P. Mandal.
The commission was formed to determine the criteria for defining India’s “socially and
educationally backward classes” and to recommend steps to be taken for the advancement of
those classes.
The Mandal Commission concluded that India’s population consisted of approximately 52 percent
OBCs, therefore 27% government jobs should be reserved for them.
The commission has developed eleven indicators of social, educational, and economic
backwardness.
Apart from identifying backward classes among Hindus, the Commission has also identified
backward classes among non-Hindus (e.g., Muslims, Sikhs, Christians, and Buddhists.
It has generated an all-India other backward classes (OBC) list of 3,743 castes and a more
underprivileged “depressed backward classes” list of 2,108 castes.

In the Indra Sawhney Case of 1992, the Supreme Court while upholding the 27 percent quota
for backward classes,struck down the government notification reserving 10% government jobs for
economically backward classes among the higher castes.
Supreme Court in the same case also upheld the principle that the combined reservation
 beneficiaries should not exceed 50 percent of India’s population.
The concept of ‘creamy layer’ also gained currency through this judgment and provision that
reservation for backward classes should be confined to initial appointments only and not extend to
promotions.
Recently, the Constitutional (103rd Amendment) Act of 2019 has provided 10% reservation in
government jobs and educational institutions for the “economically backward” in the unreserved
category.
The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the
government to provide reservation on the basis of economic backwardness.
This 10% economic reservation is over and above the 50% reservation cap.

Constitutional Provisions Governing Reservation in India

Part XVI deals with reservation of SC and ST in Central and State legislatures.
Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to
reserve seats in government services for the members of the SC and ST.
The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new
clause (4A) was inserted in Article 16 to enable the government to provide reservation in
promotion.
Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide
consequential seniority to SC and ST candidates promoted by giving reservation.
Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill
the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby
nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.
Article 330 and 332 provides for specific representation through reservation of seats for SCs and
STs in the Parliament and in the State Legislative Assemblies respectively.
Article 243D provides reservation of seats for SCs and STs in every Panchayat.
Article 233T provides reservation of seats for SCs and STs in every Municipality.
Article 335 of the constitution says that the claims of STs and STs shall be taken into
consideration constituently with the maintenance of efficacy of the administration.

Judicial Scrutiny of Reservation

The State of Madras v. Smt.Champakam Dorairajan (1951) case was the first major verdict
of the Supreme Court on the issue of Reservation.The case led to the First amendment in the
constitution.
The Supreme Court in the case pointed out that while in the case of employment under the State,
Article 16(4) provides for reservations in favour of backward class of citizens, no such provision
was made in Article 15.
Pursuant to the Supreme Court’s order in the case the Parliament amended Article 15 by inserting
Clause (4).
In Indra Sawhney v. Union of India (1992) case the court examined the scope and extent of
Article 16(4).
The Court has said that the creamy layer of OBCs should be excluded from the list of
beneficiaries of reservation, there should not be reservation in promotions; and total reserved
quota should not exceed 50%.
The Parliament responded by enacting 77th Constitutional Amendment Act which introduced
Article 16(4A).
The article confers power on the state to reserve seats in favour of SC and ST in promotions in
Public Services if the communities are not adequately represented in public employment.
The Supreme Court in M. Nagaraj v. Union Of India 2006 case while upholding the
constitutional validity of Art 16(4A) held that any such reservation policy in order to be
constitutionally valid shall satisfy the following three constitutional requirements:

The SC and ST community should be socially and educationally backward.

The SC and ST communities are not adequately represented in Public employment.
Such reservation policy shall not affect the overall efficiency in the administration.
In Jarnail Singh vs Lachhmi Narain Gupta case of 2018, Supreme Court holds that reservation
in promotions does not require the state to collect quantifiable data on the backwardness of the
 Scheduled Castes and the Scheduled Tribes.
The Court held that creamy layer exclusion extends to SC/STs and, hence the State cannot grant
reservations in promotion to SC/ST individuals who belong to the creamy layer of their community.
In May 2019 the Supreme Court upheld the Karnataka law that allows reservations in promotions
for SCs and STs with consequential seniority.

Why reservation needed?

To correct the historical injustice faced by backward castes in the country.

To provide a level playing field for backward section as they can not compete with those who
have had the access of resources and means for centuries.
To ensure adequate representation of backward classes in the services under the State.
For advancement of backward classes.
To ensure equality as basis of meritocracy i.e all people must be brought to the same level
before judging them on the basis of merit.

Argument Against Reservation

Reservation in state services led to divisions and enmity among government employees,
vitiating the atmosphere at workplace.
Eradication, not perpetuation of caste was the objective of the reservation policy but Caste Based
Reservation only perpetuate the notion of caste in society.
Reservation was introduced to ensure that the historically underprivileged communities were given
equal access to resources but irrespective of the economic progress they continue to remain
socially disadvantaged.
Reservation destroys self-respect, so much so that competition is no longer on to determine the
best but the most backward.
Reservations are the biggest enemy of meritocracy which is the foundation of many
progressive countries.
It has became a tool to meet narrow political ends through invoking class loyalties and
primordial identities.
The dominant and elite class within the backward castes has appropriated the benefits of
reservation and the most marginalised within the backward castes have remained marginalised.
Reservation has become the mechanism of exclusion rather than inclusion as many upper
caste poors are also facing discrimination and injustice which breeds frustration in the society.

Reasons Behind Increasing Demands of Reservation

Reservation is increasingly seen as a remedy for the adverse effects of ill-thought out
development policies.
In developed states like Haryana, Gujarat and Maharashtra, in spite of their economies being
relatively better, three things have been worrying the people:

Acute agrarian distress,

Stagnation in employment growth and
Distortions in the development trajectory.
In this backdrop, for governments, it is easier to talk of reservation than to make a course
correction.
Increasing reservation demands among upper castes also arising from the fear of losing
privilege and the inability to cope with change
Upper castes have begun to feel disadvantaged especially in context of government jobs as they
don’t get similar advantages like backward classes.

Suggestion
 The reservation benefits should flow to the vast majority of underprivileged children from deprived
castes; not to a few privileged children with a caste tag.
High ranks officials families, high income professionals and others above a certain income should
not get the reservation benefits especially in government jobs.
Fair and practical ways to help needy person from each community through reservation is
possible and necessary.
The process of reservation should filter the truly economically deprived individuals and bring
them all to justice
Revolutionary changes in the education system at the grass-roots level is need of the hour.
There is also need for awareness generation because while the unreserved segments, keep on
opposing the provision, the neediest sections from within the reserved segments are hardly aware
about how to get benefited from the provision or even whether there are such provisions exists.
The radical solutions like excluding the entire creamy layer among all castes from reservation
and developing their capabilities instead of offering them reservation for admission to higher
education or jobs on a platter.

Way Forward

Reservation is fair, as far as it provides appropriate positive discrimination for the benefit of
the downtrodden and economically backward Sections of the society.
But when it tends to harm the society and ensures privileges to some at the cost of others for
narrow political ends, it should be done away with, as soon as possible.
The communities excluded from reservations harbour animosity and prejudice against the
castes included in the reservation category.
When more people aspire for backwardness rather than of forwardness, the country itself
stagnates.
Meritocracy should not be polluted by injecting relaxation of entry barriers, rather than it should be
encouraged by offering financial aid to the underprivileged.
A strong political will is indispensable to find an equilibrium between justice to the backwards,
equity for the forwards and efficiency for the entire system.

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 Coalition Government
A coalition government is a form of government in which political parties cooperate to form a
government. The usual reason for such an arrangement is that no single party has achieved an
absolute majority after an election.

In this article, candidates will learn about Coalition government within the context of the IAS Exam.

Meaning of Coalition Government

The term ‘coalition’ is derived from the Latin world ‘coalitio’ which means ‘to grow together’. Thus,
technically, coalition means the act of uniting parts into one body or whole. Politically, coalition means
an alliance of distinct political parties

Coalition usually occurs in modern parliaments when no single political party can muster a majority of
votes. Two or more parties, who have enough elected members between them to form a majority, may
then be able to agree on a common programme that does not require too many drastic compromises
with their individual policies and can proceed to form a government.

Features of Coalition Government

The features of a Coalition Government are highlighted below:

1. Coalition is formed for the sake of reward, material or psychic

2. A coalition implies the existence of a least two partners
3. The underlying principle of a coalition system stands on the simple fact of temporary conjunction
of specific interest.
4. Coalition politics is not a static but a dynamic affair as coalition players and groups can dissolve
and form new ones
5. The keynote of coalition politics is compromise and rigid dogma has no place in it.
6. A coalition works on the basis of a minimum programme, which may not be ideal for each
partner of the coalition.
7. Pragmatism and not ideology is the hall-mark of coalition politics. In making political
adjustments, principles may have to be set aside.
8. The purpose of a coalition adjustment is to seize power.

In India, coalitions have come up before or after elections. The pre-poll coalition is considered
advantageous as it provides a common platform for all parties to woo the electorate on the basis of a
joint manifesto. A post-election union is intended to enable constituents to share political power and run
the government.
Formation of Coalition Governments in India

The table below highlights the Coalition Government formed in India in the ensuing years:

Formation of Coalition Governments in India (1977-Present)

Period Coalition Prime Minister (Party)

1977-1979 Janata Party Morarji Desai (Congress (O))

1979-1980 Janta Party (Secular) Charan Singh (Janata (S))

1989-1990 National Front V.P Singh (Janata Dal)

1990-1991 Janata Dal (Socialist) or Chandra Shekar (Janata Dal (S)

Samajwadi Janata Party or Samajwadi Party)

1996-1997 United Front H..D Deve Gowda (Janata Dal)

1997-1998 United Front I.K Gujral (Janata Dal)

1997-1998 BJP-led Coalition A.B. Vajpayee (BJP)

1999-2004 National Democratic Alliance A.B. Vajpayee (BJP)

(NDA)

2004-2009 United Progressive Alliance Manmohan Singh (Congress)

(UPA)

2009-2014 United Progressive Alliance - II Manmohan Singh (Congress)

(UPA-II)

2014-2019 National Democratic Alliance Narendra Modi (BJP)

(NDA)

2019-present National Democratic Alliance Narendra Modi (BJP)

(NDA)

Merits and Demerits of Coalition Government

The merits and demerits of a coalition government is highlighted in the table below:

Demerits and Merits of Coalition Government

Merits Demerits

● There is an accommodation of diverse ● They are unstable or prone to instability.

interests in the functioning of the The difference of opinion among coalition
 government. members leads to the collapse of the
government
● A coalition government acts as a channel
to meet the expectations and redress the ● Leadership of the Prime Minister is a
grievances of different groups principle of parliamentary form of
government. This principle is curtailed in a
● India is a highly diversified country. There coalition government as the Prime
are different cultures, languages, castes, Minister is required to consult the coalition
religions and ethnic groups. This means partners before taking any major
that the coalition government's more decisions.
representative in nature and reflects the
popular opinion of the electorate ● The Steering Committee or the
Coordination Committee of the coalition
● A coalition government comprises partners acts as the ‘Super-Cabinet’ and
different political parties having their own thereby it undermines the role and
ideologies or agendas. But the position of the cabinet in the functioning of
government policy requires the the government machinery
concurrence of all the coalition partners.
Therefore, a coalition government leads ● There is a possibility of the smaller
to consensus-based politics constituents of the coalition government
playing the role of a ‘king-maker’. They
● Coalition politics strengthens the federal demand more than strength in the
fabric of the Indian political system. This Parliament
is because a coalition government is more
sensitive and responsive to regional ● The leaders of regional parties bring in
demands the regional facts in the national
decision-making. They pressurise the
● A coalition government reduces the central executive to act on their lines;
chances of despotic rule. This is due to otherwise, they would threaten to
the reduced domination of a single withdraw from the coalition
political party in the functioning of the
government. All the members of the ● The members of the coalition
coalition participate in the decision governments do not assume responsibility
making. for the administrative failures and lapses.
They could play blame games and there
by escape from collective and individual
responsibilities
Peasant Movements in India
Introduction

Peasant Struggles:

In these struggles, the peasants emerged as the main force, fighting directly for their own
demands.
The movements in the period between 1858 and 1914 tended to remain localised,
disjointed and confined to particular grievances, contrary to the movements after 1914.
Causes of the Movements:

Peasant Atrocities: The peasants suffered from high rents, illegal levies, arbitrary
evictions and unpaid labour in Zamindari areas. The Government levied heavy land
revenue.
Massive Losses for Indian Industries: The movements arose when British economic
policies resulted in the ruin of traditional handicrafts and other small industries
leading to change of ownership and overburdening of agrarian land, and massive debt and
impoverishment of peasantry.
Unfavourable Policies: The economic policies of British government used to protect the
landlords and moneylenders and exploited the peasants. The peasants rose in revolt
against this injustice on many occasions.
Rise of Peasant Organisations:

Between 1920 and 1940 peasant organisations arose.

The first organisation to be founded was the Bihar Provincial Kisan Sabha (1929) and in
1936 the All India Kisan Sabha (AIKS).
In 1936, at the Lucknow session of the Congress, All India Kisan Sabha was formed
with Sahajanand as its first president.

It later issued a Kisan manifesto which demanded abolition of zamindari and

occupancy rights for all tenants.

19th Peasant Movements (Pre-Gandhian Phase)

Indigo Rebellion (1859-62):

In order to increase their profits, the European planters persuaded the peasants to plant
Indigo instead of food crops.
The farmers were discontent growing indigo because:

Low prices were offered for growing indigo.

Indigo was not lucrative.
Indigo planting decreased the fertility of the soil.
The peasants suffered at the hands of the traders and the middleman. Consequently, they
launched a movement for non cultivation of indigo in Bengal.
They were supported by the press and the missionaries.
 Harish Chandra Mukherjee, a Bengali Journalist, described the plight of peasants
of Bengal in his newspaper ‘The Hindu Patriot’.
Dinabandhu Mitra, Bengali writer and dramatist, in his play ‘Nil Darpan’
depicted the treatment of the Indian peasantry by the indigo planters. It was first
published in 1860.

His play created a huge controversy which was later banned by the East
India Company to control the agitation among the Indians.
The government appointed an Indigo Commission and issued an order in November
1860, notifying that it was illegal to force the ryots to cultivate indigo. This marked the
victory for the peasants.
Pabna Movement (1870s-80s):

In larger parts of Eastern Bengal, landlords forcefully collected rents and land taxes, often
enhanced for the poor peasants.
The peasants were also prevented from acquiring Occupancy Right under Act X of
1859.
In May 1873 an Agrarian League was formed in the Yusufshahi Pargana of Pabna
district, Patna (East Bengal).

Rent strikes were organised, funds were raised and the struggle spread throughout
Patna and to other districts of East Bengal.
The struggle was mainly legal resistance and little violence.
The discontent continued till 1885 when the Government by the Bengal Tenancy Act of
1885 enhanced the occupancy rights.
The struggle was supported by Bankim Chandra Chatterjee, R.C. Dutt and the Indian
Association under Surendranath Banerjea.
Deccan Riots (1875):

The Deccan peasants uprising was directed mainly against the excesses of the Marwari
and Gujarati money lenders.
The ryots suffered heavy taxation under the Ryotwari system. The land revenue was also
raised by 50% in 1867.
Social Boycott: In 1874, the ryots organised a social boycott movement against the
moneylenders.

They refused to buy from the moneylenders’ shops and cultivate their fields.
The barbers, washermen, and shoemakers refused to serve them.
This social boycott spread rapidly to the villages of Poona, Ahmednagar, Solapur and
Satara and was transformed into agrarian riots with systematic attacks on the
moneylenders’ houses and shops.
The Government succeeded in repressing the movement. As a conciliatory measure, the
Deccan Agriculturists Relief Act was passed in 1879.

20th Century Peasant Movements (Gandhian Phase)

Champaran Satyagraha (1917):

The peasantry on the indigo plantations in the Champaran district of Bihar was
excessively oppressed by the European planters and compelled to grow indigo on at least
3/20th of their land and sell it at prices fixed by the planters.
In 1917, Mahatma Gandhi reached Champaran and began to conduct a detailed inquiry
into the condition of the peasantry.
He defied the orders of district officials for leaving Champaran.
In June 1917, the Government appointed an enquiry committee with Gandhiji as one of the
members.

The enactment of the Champaran Agrarian Act, 1918 freed the tenants from the
special imposts levied by the indigo planters.
 Kheda Satyagraha (1918):

It was chiefly directed against the Government.

In 1918, the crops failed in the Kheda district of Gujarat but the government refused to
remit land revenue and insisted on its full collection.
Gandhiji along with Sardar Vallabhai Patel supported the peasants and advised them to
withhold payment of revenues till their demand for its remission was met.
The satyagraha lasted till June 1918. The Government conceded the demands of the
peasants.
Moplah Rebellion (1921):

The Moplahs were the Muslim tenants inhabiting the Malabar region where most of the
landlords were Hindus.
Their grievances centred around lack of security of tenure, high rents, renewal fees
and other oppressive exactions.
The Moplah movement merged with the ongoing Khilafat agitation.

Mahatma Gandhi, Shaukat Ali and Maulana Abul Kalam Azad addressed Moplah
meetings.
Many Hindus were seen by the Moplahs to be helping the British authorities. The anti-
government and anti-landlord movement acquired communal overtones.

Communalisation isolated the Moplah from the Khilafat & Non-Cooperation

Movement.
The movement was called off by December 1921.
Bardoli Satyagraha (1928):

Enhancement of land revenue by 30% in the Bardoli district of Gujarat by the British
government led to the organisation of a ‘No-Revenue Campaign’ by the Bardoli peasants
under the leadership of Vallabhai Patel.
A woman in Bardoli gave Vallabhai Patel the title of ‘Sardar’.
Unsuccessful attempts of the British to suppress the movement by large scale attachment
of cattle and land resulted in the appointment of an enquiry committee.
The enquiry came to the conclusion that the increase had been unjustified and reduced the
enhancement to 6.03%.

Difference between 19th and 20th Century Peasant Movements

Characteristics 19th Century Peasant 20th Century Peasant
Movements Movements
Objective of Movements: The objective of these movements The peasants were brought into
were centered almost wholly the broader struggle against
on economic issues rather than colonialism beginning with
ending the exploitation of the Champaran, Kheda and later
peasants. Bardoli movement.
Leadership: The leadership of these revolts The movements were led by
were from the peasantry itself. Congress and communist leaders.
Extent of Movements: Territorial reach was limited to a All India movements.
particular local region. The chief form of mobilisation was
through holding kisan conferences
and meetings.
Understanding of Colonialism: Directed towards specific and There was an emergence of anti-
limited objectives and redressal of colonialism consciousness
particular grievances. among peasants.

Colonialism was not the target

of these movements.
Formal Organization: No formal organization. Emergence of independent class
organisations of kisans in rural
These caused movements to be a India.
 short term phenomenon. The All India Kisan Sabha was
formed in 1936.

Significance of the Movements

Awareness among the Indians: Though these revolts were not aimed at uprooting the British
rule from India, they created awareness among the Indians.

The peasants developed a strong awareness of their legal rights and asserted them
in and outside the courts.
Inspired other Revolts: They felt a need to organise and fight against exploitation and
oppression.

These rebellions prepared the ground for various other uprisings such as Sikh Wars in
Punjab and finally the Revolt of 1857.
Unity Among the Peasantry: Because of the non-differentiation in the peasantry, and the all-
embracing nature of the anti imperialist struggle, the Peasant Movement was able to unite all
sections of the peasantry including the landless labourers and its anti-feudal and anti-
imperialist crusade.
Peasants’ Voices were Heard: Due to the peasants fighting directly for their own demands,
their voices were heard.

In the Indigo rebellion, Bardoli Satyagraha, Pabna movement and Deccan riots, the
demands of peasants were responded to.
Formation of various Kisan Sabhas to hear the peasants' demands during the Non
Cooperation Movement.
Growth of Nationalism: The ideology of non-violence had given much strength to the peasants
who participated in the movement.

The movement also contributed to the growth of nationalism.

Encouraged Post-Independence Reforms: These movements created an atmosphere for post-
independence agrarian reforms, for instance, ’abolition of Zamindari.

They eroded the power of the landed class, thus adding to the transformation of the
agrarian structure.

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Rise of Regional Parties In India
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In a democracy, political parties provide an agency to the society to gather different views on
various issues and to present these to the government. They bring various representatives
together so that a responsible government could be formed. They provide a mechanism to
support or restrain the government, make policies, justify or oppose them. India has a
multi-party system.

Political Parties in India

Every political party in India has to register with the Election Commission.
The Election Commission registers political parties for the purpose of elections and
grants them recognition as national or state parties on the basis of their poll
performance
Recognised Parties:
Are given a unique symbol – only the official candidates of that party can use that
election symbol
National Parties: A party that secures at least 6% of the total votes in Lok
Sabha elections or Assembly elections in four States and wins at least four seats in
the Lok Sabha is recognised as a national party.
State Parties: A party that secures at least 6% of the total votes in an election to
the Legislative Assembly of a State and wins at least two seats is recognised as a
State party.
According to the Election Commission of India, there are over 2000 political
parties in India, which include eight "recognized national" and more than
50 "recognized state" parties.

Regional Parties in India

Other than the 8 national parties- Indian National Congress, Bharatiya Janata Party,
Nationalist Congress Party, Communist Parties, Bahujan Samaj Party, Rashtriya Janata
Dal, All India Trinamool Congress and National People's Party; most of the major
parties of the country are classified by the Election Commission as ‘State parties’.
These are commonly referred to as regional parties.

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 Yet these parties need not be regional in their ideology or outlook. Some of these
parties are all India parties that happen to have succeeded only in some states .
The presence of a number of ethnic, cultural, linguistic, religious and caste
groups within the Indian society is greatly responsible for the origin and growth of
regional parties.
In India regional parties are based on themes like– Identity, Statehood, Autonomy
and Development etc.
Autonomy consists of demanding greater powers to the states (like the National
Conference in Jammu and Kashmir).
Statehood consists of fighting for an independent state within the country (like
the Telangana Rastra Samiti demanded a separate state of Telangana).
Identity consists of fighting for recognition of cultural rights of a group (like the
Shiv Sena in Maharashtra or the DMK fighting for the identity of the Dalits).
Development consists of regional parties believing that only they can bring
development to the people of a particular region.
Sometimes regional parties create these ‘cultural specificities’ for electoral
gains.

Evolution of Regional Party

Over the last four decades, the number and strength of regional parties has expanded.
This has made the Parliament of India politically more diverse. Regional political
parties have emerged to fulfill regional aspirations.
No one national party is able to secure on its own a majority in Lok Sabha. As a result,
the national parties are compelled to form alliances with State parties. The regional
political parties started playing a crucial role in coalition politics since 1989.
It is because of the regional political parties that our party-system has been
federalized. The Centre has begun to address their problems and respond their
aspirations through accommodation.
The evolving nature of our party system has strengthened the cooperative trends
of our federal system.

Various Stages of Indian Party System

1952-64 :The Nehruvian era of national consensus

The Congress Party was the dominant party and Indian democracy was essentially a
one party system also termed as ‘Congress system’.

Congress evolved as the party that was like a big umbrella under which all
communities and interests and ideologies sought and got a place.
There were many small parties competing with the Congress but they acted
mainly as a kind of pressure groups.

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1964-77: An Uneasy Transition

With the death of Jawahar Lal Nehru, and 1967 elections posed challenge to
dominance of the congress system.
The Congress failed to secure majorities in eight states and its majority in
the Lok Sabha was reduced to very narrow 54% of the seats.
Regional parties started growing all over the country.
The dismal performance of the Congress led to a series of power struggles with in
congress.
Ultimately, the party was split in 1969 and Indira Gandhi’s supremacy was established
both in the party and the government.
However, some leaders like Morarji Desai in Gujarat and JP (Jaiprakash Narain) in
Bihar carried out a successful movement against Congress corruption and
arbitrary rule.
Their movement peaked in 1975 when Indira Gandhi for the first and only time
in Indian history decided to impose in Internal emergency.

1977-80: A Period of a New Consensus and Increasing Inter-Party Conflict

New coalition emerged led by Janata Party in 1977.

This led to Emergence of a Multi-Party System in India.
Many smaller parties had come together to fight the Congress dominance rather
than any ideological consensus.
But, the lack of ideologically coherent policy led to fall of Janata party and congress
gained rise of power in 1980.

1980-89: Tussle between the Congress at the centre and the newly emerged
regional parties at the state level

Frivolous use of President's rule under Article 356.

However, the regional parties got strengthened and started playing a more assertive
role in centre politics.
In the eighth Lok Sabha Elections (1984), the Telugu Desam, a regional party
of Andhra Pradesh, emerged as the main opposition party.

1989 to 2014: Multi-party system and Coalition politics

The death of Rajiv Gandhi, corruption cases (Bofors scandal), economic crisis, all set
the tone for an era of coalitions that has lasted for almost twenty five years of
coalition governments.
The modern era of coalition politics has come into being as a consequence of the
development of the multi-party system.

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 However,this period is marred by compulsions of coalition.
Growth of Regional Parties also lead to ‘rainbow’ coalitions, so called because
like the rainbow, they last only a short time.
The period of 1996 – 1999 had 3 general elections, which cost a
lot of public money.
Policy paralysis and delay in decision making and bills all result from
coalitions.
In times of emergency, coalition coordination can lead to unacceptable
delays.
Coalition government can obstruct the process of decision making and the
conduct of decision implementation.
Coalition government has turned politics of north India into one of competition
for vote banks based on caste and community etc.
On the contrary, during times of coalitions, regional parties served as a moderating
force upon exclusionary national parties.
Regional parties fill a vacuum for protecting minorities.
The coalition politics has led to empowerment for regional parties from the states
and has added to India’s search for true federalism.
Thus, it paves the way for a kind of ‘electoral federalism’.
Since 1996, twenty three regional parties have been sharing power at the national
level. there is a strong sense of Indianness, or what is called a federal unifier.

2014 to now: Resurgence of One-party System?

Two general elections 2014 and 2019, saw a single party (BJP) on its own getting the
full majority, breaking the 25 years of compulsions of coalition politics.
However the Government is still formed out of alliance of many political parties.
But the outlook of regional parties, now appears to be changing from conflictual
orientation to a tendency of co-operative bargaining in respect of Centre-state
relations.
Now the financial problems in the Centre-State relations are the main focus of
attention.
Today, the regional parties have provided a new dimension to the process of
national integration and nation building

The regional parties have made a strong impact on the nature of Centre-State relations in
India. They are a natural consequence of a democratic system based on adult franchise
in multi-ethnic, multi-racial, multi-religious and multi-linguistic societies like India. Thus,
their growth is in synergy with entire spirit of democracy.

For Mind Map

4/4
Secularism
drishtiias.com/printpdf/secularism-1

About
The term “Secular” means being "separate" from religion, or having no religious basis.
A secular person is one who does not owe his moral values to any religion. His values
are the product of his rational and scientific thinking.
Secularism means separation of religion from political, economic, social and cultural
aspects of life, religion being treated as a purely personal matter.
It emphasized dissociation of the state from religion and full freedom to all religions
and tolerance of all religions.
It also stands for equal opportunities for followers of all religions, and no
discrimination and partiality on grounds of religion.

Secularism in the History of India

Secular traditions are very deep rooted in the history of India. Indian culture is based
on the blending of various spiritual traditions and social movements.
In ancient India, the Santam Dharma (Hinduism) was basically allowed to develop as
a holistic religion by welcoming different spiritual traditions and trying to integrate
them into a common mainstream.
The development of four Vedas and the various interpretations of the Upanishads
and the Puranas clearly highlight the religious plurality of Hinduism.
Emperor Ashoka was the first great emperor to announce, as early as third century
B.C. that, the state would not prosecute any religious sect.
In his 12th Rock Edict, Ashoka made an appeal not only for the toleration of all
religion sects but also to develop a spirit of great respect toward them.
Even after the advent of Jainism, Buddhism and later Islam and Christianity on the
Indian soil, the quest for religious toleration and coexistence of different faiths
continued.
In medieval India, the Sufi and Bhakti movements bond the people of various
communities together with love and peace.
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The leading lights of these movements were Khwaja Moinuddin Chisti, Baba Farid,
Sant Kabir Das, Guru Nanak Dev, Saint Tukaram and Mira Bai etc.
In medieval India, religious toleration and freedom of worship marked the State under
Akbar. He had a number of Hindus as his ministers, forbade forcible conversions and
abolished Jizya.
The most prominent evidence of his tolerance policy was his promulgation of
‘Din-i-Ilahi’ or the Divine Faith, which had elements of both Hindu and Muslim
faith.
That this was not imposed upon the subjects is obvious from the fact that there
were few adherents to it. Along with this he emphasized the concept of ‘sulh-i-
kul’ or peace and harmony among religions.
He even sponsored a series of religious debates which were held in the ‘Ibadat
Khana’ of the Hall of Worship, and the participants in these debates included
theologians from amongst Brahmins, Jains and Zoroastrians.
Even before Akbar, Babar had advised Humayun to “shed religious prejudice, protect
temples, preserve cows, and administer justice properly in this tradition.”
The spirit of secularism was strengthened and enriched through the Indian freedom
movement too, though the British have pursued the policy of divide and rule.
In accordance with this policy, the British partitioned Bengal in 1905.
Separate electorates were provided for Muslims through the Indian Councils Act
of 1909, a provision which was extended to Sikhs, Indian Christians, Europeans
and Anglo-Indians in certain provinces by the Government of India Act, 1919.
Ramsay MacDonald Communal Award of 1932, provided for separate
electorates as well as reservation of seats for minorities, even for the depressed
classes became the basis for representation under the Government of India Act,
1935.
However, Indian freedom movement was characterized by secular tradition and ethos
right from the start.
In the initial part of the Indian freedom movement, the liberals like Sir Feroz
Shah Mehta, Govind Ranade, Gopal Krishna Gokhale by and large pursued a
secular approach to politics.
The constitution drafted by Pandit Moti Lal Nehru as the chairman of the historic
Nehru Committee in 1928, had many provision on secularism as: ‘There shall
be no state religion for the commonwealth of India or for any province in the
commonwealth, nor shall the state, either directly or indirectly, endow any
religion any preference or impose any disability on account of religious beliefs or
religious status’.
Gandhiji’s secularism was based on a commitment to the brotherhood of
religious communities based on their respect for and pursuit of truth, whereas,
J. L. Nehru’s secularism was based on a commitment to scientific humanism
tinged with a progressive view of historical change.

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 At present scenario, in the context of Indian, the separation of religion from the state
constitutes the core of the philosophy of secularism.

Philosophy of Indian Secularism

The term ‘secularism’ is akin to the Vedic concept of ‘Dharma nirapekshata’ i.e. the
indifference of state to religion.
This model of secularism is adopted by western societies where the government is
totally separate from religion (i.e. separation of church and state).
Indian philosophy of secularism is related to “Sarva Dharma Sambhava” (literally
it means that destination of the paths followed by all religions is the same, though the
paths themselves may be different) which means equal respect to all religions.
This concept, embraced and promoted by personalities like Vivekananda and
Mahatma Gandhi is called ‘Positive secularism’ that reflects the dominant ethos of
Indian culture.
India does not have an official state religion. However, different personal laws - on
matters such as marriage, divorce, inheritance, alimony varies with an individual's
religion.
Indian secularism is not an end in itself but a means to address religious plurality
and sought to achieve peaceful coexistence of different religions.

Secularism and the Indian Constitution

There is a clear incorporation of all the basic principles of secularism into various
provisions of constitution.
The term ‘Secular’ was added to the preamble by the forty-second constitution
Amendment Act of 1976, (India is a sovereign, socialist, secular, democratic, republic).
It emphasise the fact that constitutionally, India is a secular country which has
no State religion. And that the state shall recognise and accept all religions, not
favour or patronize any particular religion.
While Article 14 grants equality before the law and equal protection of the laws to all,
Article 15 enlarges the concept of secularism to the widest possible extent by
prohibiting discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16 (1) guarantees equality of opportunity to all citizens in matters of public
employment and reiterates that there would be no discrimination on the basis of
religion, race, caste, sex, descent, place of birth and residence.
Article 25 provides ‘Freedom of Conscience’, that is, all persons are equally entitled to
freedom of conscience and the right to freely profess, practise and propagate religion.
As per Article 26, every religious group or individual has the right to establish and
maintain institutions for religious and charitable purposes and to manage its own
affairs in matters of religion.
As per Article 27, the state shall not compel any citizen to pay any taxes for the
3/5
 promotion or maintenance of any particular religion or religious institution.
Article 28 allows educational institutions maintained by different religious groups to
impart religious instruction.
Article 29 and Article 30 provides cultural and educational rights to the minorities.
Article 51A i.e. Fundamental Duties obliges all the citizens to promote harmony and
the spirit of common brotherhood and to value and preserve the rich heritage of our
composite culture.

Indian vs. Western Model of Secularism

Over the years, India has developed its own unique concept of secularism that is
fundamentally different from the parallel western concept of secularism in the following
ways:

As per the western model of secularism, the “State” and the “religion” have their own
separate spheres and neither the state nor the religion shall intervene in each other’s
affairs.
Thus, the western concept of secularism requires complete separation of religion and
state.
However, in India, neither in law nor in practice any 'wall of separation' between
religion and the State exists.
In India, both state and religion can, and often do, interact and intervene in each
other's affairs within the legally prescribed and judicially settled parameters.
In other words, Indian secularism does not require a total banishment of religion from
the State affairs.
As per the western model, the state cannot give any financial support to educational
institutions run by religious communities.
On the other hand, Indian model has chosen a positive mode of engagement.
In India, the state provides all religious minorities the right to establish and maintain
their own educational institutions which may receive assistance from state.
In the western model, State does not intervene in the affairs of religion till the time
religion is working within the limits of the law.
On the other hand, in Indian secularism, state shall interfere in religion so as to
remove evils in it.
India has intervened by enforcing legislation against the practices of sati or widow-
burning, dowry, animal and bird sacrifice, child marriage, and preventing Dalits from
entering temples.
In western concept of secularism, religion is relegated entirely to the private sphere
and has no place in public life whatsoever.
The western model prohibits any public policy to be drafted on the basis of religion
therefore; state is absolutely distanced from the religious activities and practices of its
citizens.
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 In India, state has the policy of setting up Departments of Religious Endowments, Wakf
Boards, etc. It is also involved in appointing Trustees of these boards.

Threats to Secularism
While, the Indian Constitution declares the state being absolutely neutral to all
religion, our society has steeped in religion.
Mingling of Religion and Politics that is mobilisation of votes on grounds of
primordial identities like religion, caste and ethnicity, have put Indian secularism in
danger.
Communal politics operates through communalization of social space, by spreading
myths and stereotypes against minorities, through attack on rational values and by
practicing a divisive ideological propaganda and politics.
Politicisation of any one religious group leads to the competitive politicisation of
other groups, thereby resulting in inter-religious conflict.
One of the manifestations of communalism is communal riots. In recent past also,
communalism has proved to be a great threat to the secular fabric of Indian polity.
Rise of Hindu Nationalism in recent years have resulted into mob lynching on mere
suspicion of slaughtering cows and consuming beef.
In addition with this, forced closure of slaughterhouses, campaigns against ‘love jihad’,
reconversion or ghar- wapsi (Muslims being forced to convert to Hinduism), etc.
reinforces communal tendencies in society.
Islamic fundamentalism or revivalism pushes for establishing Islamic State based on
sharia law which directly comes into conflict with conceptions of the secular and
democratic state.
In recent years there have been stray incidences of Muslim youth being inspired and
radicalized by groups like ISIS which is very unfortunate for both India and world.

Way Forward
In a pluralistic society, the best approach to nurture secularism is to expand religious
freedom rather than strictly practicing state neutrality.
It is incumbent on us to ensure value-education that makes the younger generation
understands and appreciates not only its own religious traditions but also those of the
other religions in the country.
There is also a need to identify a common framework or a shared set of values which
allows the diverse groups to live together.
The prerequisites to implement the social reform initiative like Uniform Civil Code are
to create a conducive environment and forging socio-political consensus.

5/5
 INDIAN POLITICS
WORKING CLASS IN INDIAN POLITICS
Movement of the Working Class
Introduction

Rise of Working Class:

The modern working class arose in India with the introduction of capitalism in the
19th century under colonial dispensation.

It was a modern working class in the sense of relatively modern organisation of

labour and a relatively free market for labour.
This development was due to the establishment of modern factories, railways, dockyards
and construction activities relating to roads and buildings.

Plantations and railways were the initial enterprises to herald the era of
colonial capitalism in Indian subcontinent.
Industrialisation in India:

Port cities Bombay, Calcutta and Madras became the centres of the capitalist
economy.
Cotton mills in Bombay, jute mills in Calcutta, and several factories in Madras were set
up in the late 19th century. Similar developments took place in the cities of Ahmedabad,
Kanpur, Solapur and Nagpur.
The first jute mill of India was set up in Calcutta in 1854 by a Scottish entrepreneur.
The ownership of the cotton mills was with the Indian entrepreneurs, while that of
jute was with the foreigners for a long time.

Workers’ Movement in Pre-Independence India

Initial Attempts to Improve Workers’ Conditions: Attempts were made in 1870-1880 to

better the working conditions of the workers by legislation.

Till the Swadeshi surge of 1903-08, there was no concerted effort to better the
working conditions of the labour.
Again between 1915-1922, there was resurgence of workers’ movement along with the
Home Rule Movement and the Non-Cooperation Movement.
The earlier attempts to improve the economic conditions of the workers were in the nature
of philanthropic efforts which were isolated, sporadic and aimed at specific local
grievances.
Workers’ Movements before the Emergence of Trade Unions:

Plantation and Mine Workers: The plantation and mine workers were heavily exploited
but their conditions did not attract much attention initially as they were away from
the notice of early social reformers, journalists and public activists.

Despite this isolation, the plantation workers, on their own, registered their
protests against the exploitation and oppression by the plantation owners
and managers.
 Industrial Workers: The cotton and jute industry workers were more in the public
gaze.

The early social workers and philanthropists were also involved with them
facilitating better organisational work as well as better reporting and public
support.
Formation of Organisations:

In Bengal, Sasipada Banerjee founded the ‘Working Men’s Club’ in 1870 and
started publishing a monthly journal in Bengali entitled ‘Bharat Shramjibi’ in
1874.
The Brahmo Samaj formed the ‘Working Men’s Mission’ in Bengal in 1878 to
impart moral education among the workers.

It also established the ‘Working Men’s Institution’ in 1905.

In 1890 in Maharashtra, N.M. Lokhandey established the ‘Bombay Millhands’
Association’, and in 1898, he started publishing a journal entitled ‘Dinbandhu’ in
Marathi.

The Bombay Millhands Defence Association formed by Bal Gangadhar

Tilak in 1908.
However, these bodies were primarily interested in welfare activities and did
not have much organisational base among the workers.

Emergence and Growth of Trade Unions:

Cause of Emergence: The trade unions emerged in India after World War I. The main factors
that led to the emergence of trade unions include:

Rising prices of essential commodities.

Decline in the real wages of workers.
Increase in the demand for the industrial products resulting in the expansion of Indian
industries.
Gandhi's call for the Non-Cooperation Movement.
The Russian Revolution.
Formation of Trade Unions:

The Madras Labour Union, formed in April 1918, is generally considered to be the
first trade union in India.

B.P. Wadia, a nationalist leader and an associate of Annie Besant, was

instrumental for its organisation.
The Textile Labour Association, also known as Majur Mahajan Sangh, was established
in Ahmedabad in 1920.

The union was formed following the agitation of mill workers of Ahmedabad
demanding for a bonus to compensate for the rise in prices.
This union worked along Gandhian lines and became very strong over the years.

All India Trade Union Congress (AITUC):

A New Edge to the Workers’ Movement: The most important development in the workers’
movement was the formation of All-India Trade Union Congress under the leadership of Bal
Gangadhar Tilak and Lala Lajpat Rai.

Since then the working class movement became strong and by 1930 onwards, an
ideological tone was added to the movement.
Cause of Formation: Many people connected with labour realised that there was a need for a
central organisation of labour to coordinate the works of the trade unions all over India.
 The formation of the International Labour Organisation (ILO) in 1919 acted as a catalyst
for it.

The members selected from AITUC represented the Indian Labour at the ILO.
Leaders Involved: Bal Gangadhar Tilak, N.M.Joshi, B.P.Wadia, Diwan Chamanlall, Lala
Lajpat Rai and Joseph Baptista were the main leaders behind the formation of AITUC.

Lala Lajpat Rai became the first president of the AITUC and Joseph Baptista its vice
president.
Lajpat Rai was the first to link capitalism with imperialism: “imperialism and
militarism are the twin children of capitalism”.
Ideology of AITUC: In the beginning, the AITUC was influenced by social democratic ideas of the
British Labour Party.

The Gandhian philosophy of non-violence, trusteeship and class-collaboration had great

influence on AITUC.
The Trade Union Act, 1926:

The act recognised trade unions as legal associations.

It laid down conditions for registration and regulation of trade union activities.
It secured civil and criminal immunity for trade unions from prosecution for legitimate
activities, but also put some restrictions on their political activities.

Role of Communists:

Emergence of Communists and CPI: The most important phenomenon in the field of labour
movement in India was the emergence of the communists.

The communist ideology, deriving from the theories of Karl Marx and Vladimir Lenin,
assigns the working class the central place.
The Communist Party of India (CPI), formed in Soviet Union in 1920, soon after its
formation, became active in the labour movements.
Role in the Movements: The communists organised the workers in cotton mills of Bombay and
jute mills of Calcutta, besides many other industries and led militant struggles.
Role in Splitting the AITUC: By 1928-29, the communists gained a marginal majority in the
AITUC.

Splitting the Moderates: In the tenth session of the AITUC held in Nagpur, the
communists called for the dissociation from the ILO and association with the
League against Imperialism.

The moderate and reformist group were against the idea and consequently left the
AITUC and formed the Indian Federation of Trade Unions (IFTU).
Splitting the Nationalists: Another split occurred in 1931 due to divergence between the
nationalist and communist opinions.

The communists severely criticised Gandhi and condemned the Round Table
Conference of 1931 in which the Indian National Congress was participating.
Unable to secure a majority for this condemnation, the communists split from
the nationalists and formed the Red Trade Union Congress (RTUC).
By 1931, there were three national federations of trade unions – the AITUC, the IFTU
and the RTUC.
Reunion of Trade Unions: It was felt by many trade union leaders that the division in their ranks
was creating problems for their political and economic struggles.

As a result, the Railway Unions and some unaffiliated unions united with the IFTU
to form the National Federation of Trade Unions (NFTU) in 1933.
 Consequently, the RTUC, and the AITUC also united in 1935 and the name
AITUC was retained for the unified organisation.

Workers’ Movement in Post-Independence India

Formation of New Unions: The post-independence period saw the formation of a number of
trade unions such as Bharatiya Mazdoor Sangh (BMS) and Centre of Indian Trade Unions
(CITU )

CITU was formed by Communist Party of India (Marxist), splitting from AITUC.
Legislations Framed: The Industrial Dispute Act, 1947 and Labour Relations Bill and
Trade Unions Bills, 1949 were introduced.
Decline in Strikes: Between 1947-1960, the condition of the working class improved and there
was a decline in the number of strikes.
Economic Recession: The period of late 1960s saw decline in the wages of the working class; as
a result, disputes in the industrial front increased.
New Economic Policy, 1991: It introduced LPG (Liberalisation, Privatisation and Globalisation).
Liberalisation deteriorated the bargaining position of the workers vis-a-vis capital.
The policy provided no statutory minimum wages for labour.
It gave the employers the complete right to hire and fire.

Weaknesses of the Movement

Incomplete Coverage: A large section of the working class, the unorganised sector, was left
outside the fold of trade unions.

The unions took the relatively easy path of pressing the demands of those who could be
easily organised or whose demands were likely to be heard by the government.
Multiplicity of Trade Unions: Post independence, the trade unions representing workers in the
country have multiplied.

Multiplicity of unions in a capitalist system keeps the working class fragmented and
vulnerable to all forms of pressures.
Irresponsive Trade Unions: Trade unions in the country had not been responsive to the
problems of the working class in the country.

Unions lay fragmented which produced bitter rivalry among them and hence very often
they failed to respond to the issues of the working class.
Disunity among the Workers: The industrial working class of the country did not ally
with the peasants and other sections of the society in collective direct action on political issues'.

This reflected the lack of political consciousness among the working class.
Negligence for Marginalised Sections: Trade unions in the organised sector overlooked the
problems of women workers and workers belonging to the socially oppressed groups.

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