Indian Polity

INDIAN POLITY
Lavkush Pandey
MA: Political Science
dm.lavkush@gmail.com
Welcome to the notes of Lavkush Pandey! In this document, you will find a comprehensive summary of the key concepts
and ideas discussed in our lectures and readings. As a diligent student, I have taken detailed notes to capture the most
important information presented in class, as well as my own insights and reflections.
These notes are designed to be a useful resource for anyone seeking to deepen their understanding of the topics we have
covered. Whether you are a fellow student preparing for UPSC or someone looking to expand your knowledge on a
particular subject, these notes are a valuable tool for your learning journey.
Throughout these notes, you will find clear and concise explanations of complex ideas, as well as examples and case
studies to help illustrate important concepts. I have also included my own commentary and analysis to provide
additional context and insights.
I hope you find these notes helpful and informative. Please feel free to reach out to me if you have any questions or would
like to discuss any of the topics further. Thank you for reading, and best of luck in your studies!
Lavkush Pandey – dm.lavkush@gmail.com 2

Constitution of India
Article 393 - The Constitution shall be known as the Constitution of India.
Constitution: It is the Fundamental law of the land that reflects the ideologies and philosophies of a nation.
Constitutions also establish the organs of the states and the principles that should govern those organs.
Constitutions are organic documents that keep evolving as per the demand of the time. All other laws are
subservient to the constitution and should be in harmony with the constitution. If any law is not in harmony
with the constitution then it can be declared null and void. For example, in the Shreya Singhal case,2015 the
SC struck down section 66A (not in harmony with Article 19a) of the IT Act,2000 as null and void.
Structure of Indian constitution: There are various parts of the constitution, within these parts, there are
several articles. A Part deals with a particular topic. The next part does not start with a new article for
convenience. Some parts and related articles of the constitutions are:
 Part-1: The Union and its territory (Articles 1-4).
 Part-2: Citizenship (Articles 5-11).
 Part-3: FRs (Articles 12-35).
 Part-4: DPSPs (Articles 36-51).
 Part-4A: Fundamental Duties (Article 51A) etc.
Schedules are provided for a better explanation as everything cannot be written in the article of the
constitution.
 First Schedule (Name of States and UTs).
 Second Schedule (allowances, privileges, and emoluments).
 Third Schedule (oaths and affirmations).
 Fourth Schedule (allocation of seats for States and UTs in the Rajya Sabha).
 Fifth Schedule (administration and control of scheduled areas).
 Sixth Schedule (administration of tribal areas in the states of Assam, Meghalaya, Tripura, and
Mizoram).
 Seventh Schedule (Union list, State list, and Concurrent list).
 Eighth Schedule (official languages-total 22).
 Ninth Schedule (deals with certain state acts and regulations).
 Tenth Schedule (Anti-defection Law).
 Eleventh Schedule (Panchayats).
 Twelfth Schedule (Municipalities).
The tools to achieve constitutionalism are as follows:

 Judicial review.
 Rule of law (law should be fair, just, and reasonable)
 Separation of powers.
 Right to information.
 Constitutionalism promotes democracy wherein there is limited government devoid of arbitrary
powers and all organs of the state shall adhere and subscribe to the principle and spirit of the
constitution.
 In constitutionalism, the governments work in a restrictive manner to the extent empowered by the
constitution.
 The legitimacy of the constitution comes from the people.
 The final sovereignty lies with the people.

Unwritten constitution Written Constitution
It is a written document prepared by a
constituent assembly or a group of people who
It has evolved over some time, rather than
came together for a specific purpose and also a
prepared by a specific body for a
codified document in a single place (E.g.: The
particular purpose
Constituent Assembly met for the first time on 9
December 1946).
It is an abstract set of laws and convention
It is an organized document that is codified.
plays a large role.
All organs of the state are required to function
No such limit by the constitution.
within the limits prescribed by the constitution.
Parliament is supreme and is a sovereign body
Parliament is not a sovereign body.
(for example UK constitution).
There is no Judicial review There is a Judicial review.
There is no demarcation between ordinary
Constitutional and ordinary laws concerning a Constitutional laws and ordinary laws are made
majority and the process through which they are through different majority.
made.
Constitutional morality: The term Constitutional morality has been new due to the frequent use in supreme
court judgments like the Young lawyer’s association case (Sabrimala case), Navtej Johor case (Rights of LGBT
and rights of sexual orientation), Triple talaq case (Shahira Bano case), etc. The term Constitutional morality
was used by B.R Ambedkar in the constituent Assembly wherein he quoted saying that “it is paramount
remembrance to the constitution.” Constitutional morality promotes commitment to the ideologies and
principles of the constitution and any dispute or difference must be solved through constitutional means.
In his grammar of Anarchy speech, Dr. Ambedkar highlighted that “tools of civil disobedience and non-
cooperation are bloody methods of revolution and they must pay the way for constitutional methods.”
Constitutional mortality also promotes a balance with societal morality and it should be the constitutional
morality that has an upper hand in any conflict.
Separation of power: French philosopher Montesquieu in his seminal work "Spirit of laws" provided in 1748
propounded the ideas of Separation of power. It is also aid that Aristotle also has this idea of not
concentrating the government function and power.
Montesquieu by Separation of power meant that: Establish the 3 organs of State (executive, legislature,
and judiciary). Defining their powers and functions. No person can be a member of more than one organ.
"Power corrupts, absolute power corrupts absolutely"- Lord Acton. The doctrine of the separation of powers
contemplates the idea that governmental function must be based on the tripartite division of powers between
the legislature, executive, and judiciary
Why do we opt for a parliamentary form of government? The parliamentary form of government is a
diluted version of the separation of power theory. Wherein the entire executive (council of ministers) is drawn
from legislature. BR Ambedkar defended this in the constituent assembly due to the following reasons: The
parliamentary democracy offers more accountability and less stability. In the presidential form, there is
absolute stability and no accountability. Therefore, in a diverse country like India, with abstract aspiration
accountability is more required than stability.

Provision of Separation of power in Indian constitution:
 Article 50 of the Indian constitution: Judiciary shall be separated from the executive in the public services
of the state.
 Article 121 of the constitution: It provides for restrictions on the discussion on the conduct of the
supreme court and high court judges except when their removal proceedings are going on.
 Article 122 of the constitution: It states that the proceeding of the parliament cannot be called into
question in any court.
The doctrine of checks and balances: The theory of separation of power is incomplete without the doctrine
of checks and balances. The doctrine avoids usurping power by any organ of the state. The doctrine of C&B
promotes democratic ideals, avoids totalitarianism, and promotes a government that’s is of the people, for
the people, and by the people.
Tools to implement checks and Balances:

 Judicial review.
 Power of contempt (Article 129).
 Removal of HC and SC judges by the legislature.
 Question hour holding executive accountable to the legislature.
 Tool of the no-confidence motion.
Preamble: It is the identity card of the constitution said by N.A Palkhivala. SC in Golaknath Judgement stated
that the preamble reflects the ideals and aspirations of the constitution. To understand the minds of makers
of the constitution we must refer to the preamble. It embodies A solemn form of all ideals and aspirations
that we collectively demanded during the freedom struggle. The concept of the preamble has been inspired
from UN Charter and of US constitution while content is taken from the Objectives resolution by Mr.
Jawaharlal Nehru on 13th Dec 1946.
Source of power to the constitution: People are the final sovereign and the constitution derives its
legitimacy from “we, the people”.
Enacting clause- The constitution was adopted and enacted on 26 th November 1949.
Preamble as part of the construction: Initially in the Re Berubari Union case, the SC advised that preamble
is NOT part of the constitution. But later on, in the Keshavanand Bharati vs State of Kerala case, the SC ruled
that Part of the constitution.
1. Sovereignty: It implies neither dominion nor dependency but an independent state. Sovereignty has both
the dimensions that are internal sovereignty and external sovereignty. By external Sovereignty, we have
an independent foreign policy or we can acquire the territory or cede the territory. By Internal
sovereignty, we will be independent in all our internal decisions. The joining of the commonwealth and
united nations does not dilute the sovereignty but is out of free will. Which can be disassociated at any
time.
Article 395 of the constitution repealed India independent act 1947 to remove any doubt related to
Independence.
2. Socialism: The idea of socialism as provided in the Indian Constitution is mainly found in the Directive
Principles of State Policy. The term socialist was added through the 42nd Constitutional Amendment
Act. The term Socialist is not defined in the Constitution. In the Avadi Session of the Indian National
Congress, the socialistic pattern of Indian society was adopted in a resolution. Socialism in India means
a mixed economy. Where both public and private sectors exist simultaneously. Socialism in India is
democratic socialism, Fabian socialism, Nehruvian socialism, etc. The Supreme Court in DS Nakara Case
ruled that the basic framework of socialism is to provide a decent standard of life, eliminate inequality in

status, minimize inequality in income, etc. In the GB Pant Case, the Supreme Court ruled that democratic
socialism aims to end poverty, ignorance, disease, and inequality of opportunity.
Major features of Secularism: The State must be a non-theocratic one. In positive secularism, the State
does not isolate it completely, but it maintains equidistance, thereby, patronizing all religions equally. In
the Indian form of secularism, the state actively promotes various religions by facilitating pilgrimage,
providing for religious holidays, etc. In secularism, access to public offices cannot be denied on the basis
of religion. Religion is immaterial in enjoying rights (e.g. Constitutional, fundamental, etc.)
3. Democratic: Democracy means people’s rule. The supreme power is given to the people. Democracy
doesn't mean political democracy only but also social and economic democracy. Article 236th of the
Constitution promotes universal adult suffrage, that is, the right to vote. Democracy is not about the
elections only but is about freedom of speech and expression, free press, rule of law, free and fair elections
also. Democracy is a government that is of the people, for the people, and by the people.
4. Republic: The idea of a republic is based on three principles:

 The Head of the State should be an elected person. (directly or indirectly).
 There is no privileged class (like the Royal Family of the UK).
 All public offices are open for all.
5. Justice: Social, Economic, and Political: Ambedkar highlighted the trinity of social, political, and
economic justice.
 Political justice is promoted through universal adult suffrage/franchise Article 326, largely
Fundamental Rights, universal application of Criminal laws, etc.
 Social justice is promoted through the abolition of untouchability, the idea of reservation as
affirmative action, and the principles enshrined in the Directive Principles of State Policy.
 Economic justice is promoted by DPSP. e.g. Article 38: Inequality in income should be minimized or
Article 39 (c), operation of an economic system that does not result in the concentration of wealth.
6. Liberty: Thought, Expression, Belief, Faith, Worship: Liberty is the responsible use of freedom under
rule of law. Liberty is not absolute but qualified. Liberty is of two dimensions:
 Negative Liberty: Negative Liberty is inviolable. It is that part of the freedom that remains inviolable
(cannot be interfered with by the state).
 Positive Liberty: In positive liberty, the state actively interferes to expand choices for the free and
full development of human individuals.
7. Equality of Status and Opportunity: Affirmative action like reservations, scholarships, other special
provisions promote the preambular goal of equality of opportunity and Dr. Ambedkar famously stated
that liberty, equality, and fraternity work in harmony as a trinity.
8. Fraternity: The fraternity has been an important facet to promote a sense of Indianness and oneness.
The constitution of India through various provisions actually promotes fraternity in society. The
Supreme Court in the Indra Sawhney case ruled that the provision of reservation promotes fraternity
by reducing the socio-economic gap among various sections and groups. The dignity of an individual is
also related to the fact that the "personality of every individual is sacred". The unity and integrity of the
nation encapsulate both psychological and territorial integrity. No state has a right to secede from the
Indian union and national integration shall be promoted transcending regional, linguistic, ethnic,
cultural, and caste-based barriers.
Justiciability of the Preamble: The Preamble is non-justiciable and not a source of power.

Part -1 Union and Its Territory
Article 1 - of the constitution provides for India that is Bharat, shall be the Union of States. The name of the
country is India as well as Bharat.
Dr. Ambedkar stated the reason behind using the term union of states over a federation of states because
of the following reasons- The term federal means an agreement and it has evolved from the term 'foedus'. In
the USA, the country came into being through an agreement among 13 colonies but India is not a result of an
agreement among states. The states do not have the right to secede from the Union, coming out an
agreement. Thus, India is an indestructible union of destructible states while the USA is an indestructible
union of indestructible states. The names of the states and union territories are specified in Schedule I of the
constitution. The Territory of India is a wider term than the Union of states because the Union of states only
includes states while the territory of India includes States, Union Territories, and other territories as may be
acquired.
Article 2- Parliament may by law admit into Indian Union or establish new states on such terms and
conditions it thinks fit (this is mentioning those states which NOT part of India while article 3 deals with
those states which are part of India).
Article 3- It empowers the Parliament to form a new state, increase, diminish or alter the boundaries of the
state and also change the name of the state. Any such bill can only be introduced on the prior
recommendation of the President. The President has to refer the bill to the state legislature for expressing
its opinion over the bill within a specified time period. The power of Parliament under Article 3 also includes
the power to form a Union Territory but no such bill has to be referred to the UT legislature for ascertaining
its views. The views expressed by the state legislature are not binding on the President and every time an
amendment is made to the bill, it is not necessary to refer the same to the state legislature.
Article 4 - states that anything is done under Article 2 or Article 3 shall not be deemed to be a constitutional
amendment. The Supreme Court opined in the Re Berubari Union case that the power under Article 3 to
diminish or alter the boundary of a state or Union Territory does not empower the Parliament to cede
territory to a foreign state. It can only be done through a constitutional amendment under Article 368. The
Parliament can cede territory but for a minor settlement of boundary dispute, the constitutional amendment
is not required and it can be done by executive action. 100th Constitutional amendment act actually
implemented the land boundary agreement between India and Bangladesh.
Benefits of smaller States:

 Better Administration.
 Better management of resources.
 Strengthens democracy by ventilating the regional grievances.
 Tailor-made solutions.
 Better governance.
Challenges of smaller states:

 Give rise to similar regional demands.
 Chances of less stable governments due to defection.
 May give rise to inter-state water disputes.
 May give rise to capital disputes.
Reorganization of States in India: Post-independence, there was constant demand to create states based
on language. The Government of India in 1948 appointed a linguistic provinces commission under the
chairmanship of Mr. S.K. Dhar. SK Dhar Commission –
1. The Commission recommended that administrative convenience rather than language should be the
basis of linguistic reorganization.

2. The recommendations created resentment and Congress constituted a 3-membered committee
known as JVP Committee.
JVP Committee (Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya) - The Committee rejected
language as the basis of the state's reorganization. In October 1953, the Government was created through
Parliament State of Andhra Pradesh after there was agitation in the backdrop of the death of PottiSriramulu
demanding the creation of Andhra Pradesh. After the creation of Andhra Pradesh, protests intensified. The
Government of India then appointed a three-member state reorganization commission comprising of Justice
Fazal Ali as the chairman and the other two members as K.M. Pannikar and H.N. Kunzru. Fazal Ali
Commission - The Commission gave its recommendations identifying four key factors for the reorganization
of states
1. Linguistic and Cultural homogeneity.
2. Unity and Security of the country.
3. Financial, Economic and Administrative considerations.
4. Planning and Welfare of the people.
The recommendations of the Fazal Ali commission were broadly accepted and the 7th constitutional
amendment act along with State Reorganization Act 1956 was passed by the Parliament. 7th Constitutional
Amendment Act also created the office of Special Officer of Linguistic Minorities (Article 350 B) and also
added Article 350 A. The Group A, B, C, D classification was done away with and 14 States and 6 Union
Territories were created on November 1st, 1956.
Part -2 Citizenship
Article 10: Every person who is or is deemed to be a citizen of India shall continue to be such a citizen subject
to a law made by the Parliament. The Parliament shall have the power to make laws with respect to
acquisition and termination and all other matters related to citizenship. Citizenship is also one of the subjects
in list I that is Union List. The Parliament has enacted the citizenship Act 1955 as amended from time to time.
Citizenship exhibits the relationship with the state and certain rights are available only to the citizens. In the
USA, only a person who is a citizen by birth can become the President while in India anybody who is a citizen
by any of the five ways can become the President, The Citizenship Act, 1955 provides for five ways in which
citizenship can be granted. Citizenship is purely under the Union Government.
National Population Register: It is conducted by the Registrar General of India and it is backed
by Citizenship rules. The NPR is the list of usual residents of the Country. The first such exercise was conducted
in 2010 and updated in 2015. The NPR is usually conducted along with the census. The NPR exercise is based
on Self declaration and it does not require any document.
National Register for Citizens: This is provided under section 14A of the Citizenship Act 1955 and thus it is
backed by statutory provisions. The NRC empowers the central government to compulsorily register the
citizens and prepare a database. The NRC is the register of Indian citizens. IT is an official record under the
Citizenship Act.
Census: It is done under the Census Act, 1948. It covers a wide range of information from language, religion,
and other indicators. Census is also mandated through statutory provisions.
Citizenship Amendment Act, 2019: The Citizenship Amendment Act, 2019 provided that any person
belonging to the Hindu, Sikh, Buddhist, Jain, Parsis, or Christian communities from Pakistan, Afghanistan,
or Bangladesh who entered India on or before 31st December 2014, shall not be treated as an illegal
migrant if exempted under the passport Act or Foreigner Entry Act by the Central Government. The
Amendment to Citizenship Act, 1955 is to provide for citizenship to the persecuted minorities in the above
three countries.

Part-3 Fundamental Rights
Fundamental Rights are provided in Part III of the constitution from Article 12-35. Rights are legally
protected interests.
Classification of Rights:
o Statutory Rights - These are those rights that originate from an ordinary law or statute. Example - Right
to information act, Mahatma Gandhi National Rural Employment Guarantee Act.
o Fundamental Rights - These are of the highest order and are called the Magna Carta of the
constitution. They are given the highest sanctity. Remedy lies directly to Supreme Court under Article 32
or Article 226 provides for remedy in High Courts.
o Constitutional Rights - These rights are outside Part III but inside the constitution. No remedy lies
directly in Supreme Court. Example - Right to Vote, Right to Property.
o Human Rights - These are those inalienable rights that are expected to be bestowed upon human beings
by being born in a human family. The Preamble to the United Nations Declaration of Human Rights state
that recognition of inherent dignity and of equal and inalienable rights of members of the human family
is the foundation of freedom, justice, and peace in the world. Dr. S. Radhakrishnan stated that
fundamental rights are India's pact with the civilized world. Fundamental Rights are mostly restricted
to the state though there are positive rights like the Right to education.
Article 12 - Definition of State: Fundamental Rights are mostly available against the state. Therefore, it is
imperative to define the state for the sake of fundamental rights. Article 12 states that State includes
Parliament, Government of India, state legislature and state government, local authorities, and other
authorities. The Supreme Court in RD Shetty case gave certain tests to determine whether an organization
qualifies as State or not. The factors are whether financed by the state or not. deep and pervasive control of
the government. whether functions are public or private in character. whether the agency is enjoying
monopoly status or a government department converted into a corporation.
Article 13 - Keshavanand Bharati Vs state of Kerala: The supreme court in this landmark verdict ruled
that the constitution of India is resting on certain basic pillars known as "Basic Structure". The constituent
power of parliament to amend the constitution does not include the power to alter the "Basic Structure".
Thus, the power to amend the constitution is limited by the basic structure doctrine. Keshavanand Bharati Vs
state of Kerala’s judgment was delivered on 24th April 1973 by a 7-6 majority. The basic structure doctrine
had neither been mentioned nor defined in the constitution. Thus, the supreme court overturned the
Golaknath verdict (1967), wherein they interpreted the term law in article 13 to include the constitutional
amendment also. In the K. Bharti case, the Apex court ruled that the term law in article 13 does not include
the constitutional amendments. Basic structure doctrine is an organic one and it has been expanded by the
SC from time to time.
The various feature of Basic structure:

 Supremacy of the constitution.
 Independence of the Judiciary.
 Rule of law.
 Secularism.
 Federal character of Indian State, etc.
 This Judgment had wide ramifications in promoting the spirit of constitutionalism and separation of
powers.
 It seeks to maintain a democratic order by securing basic tenets of the Indian constitution which
cannot be alerted under any circumstances.

Article 13 can be classified into two parts: Pre-constitutional laws, and Post-constitutional laws. Pre-
constitutional laws that are inconsistent with fundamental rights shall be void to the level of inconsistency.
Post-constitutional laws contravening fundamental rights shall be void to the level of contravention.
The term laws include Ordinances, By-laws, customs, usages, etc.
Article 14 -
o Equality before law-The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India Prohibition of discrimination on grounds of religion,
race, caste, sex, or place of birth.
Article 14 applies both to the citizens, non-citizens, legal persons like a statutory corporation, companies,
etc.
o Equality before the law: Equality before the law is a British concept. Equality before the law is a
negative concept (absence of special privileges).
Features of Equality before the law:
 Absence of any special privilege.
 Equal treatment before ordinary laws of the land.
 No person is above the law.
 Equality before the law is an important component of rule of law.
 Rule of Law was proposed by A.V. Dicey.
The Major elements of rule of law are:

 Absence of arbitrariness.
 Equality before law.
 Rights Primacy.
Equal Protection of the law: Equal Protection of the law is an American concept. Wherein people who are
placed in similar circumstances shall be treated similarly and those who are not placed in similar
circumstances should not be treated similarly. Thus, the Equal protection of law promotes equity and
reasonable classification. Any classification by the state must not be artificial or unreasonable. Equal
Protection of the law is a positive concept.
Article 14 is a substantial provision that promotes the idea of political democracy and at the same time, it
promotes the idea of justice by giving one what she/he deserves. Reasonable classification has led to wide
positive discrimination where the state promotes the interest of diverse sections diversely. The principle of
equity is of uttermost significance in our country where diversity and inequality are broadly witnessed. Thus,
Equality before law can be witnessed in criminal laws while equal protection of law promotes the interest of
marginalized sections to achieve an egalitarian order.
Article 15:
Article 15(1)-The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth, or any of them.
Article 15(2)-prohibits discrimination for access to shops, public restaurants, hotels, bathing’s ghats, etc.
maintained wholly or partly out of State funds or dedicated to the use of the general public.
Article 15(3)-The state is permitted to make special provisions for women and children.
Post-Champakam Dorairajan's judgment and also the understanding of parliament article 15(4) was added
through the 1st constitutional amendment act. This permits the state to make special provisions for the
advancement of socially and educationally backward classes of the citizens and SC/STs.
The 93rd constitutional amendment act 2005, empowered the state to make special provisions for socially
and educationally backward classes of citizens or ST/SCs for admission in educational institutions whether
aided or unaided including private except minority educational institutions. To implement this provision
Central Educational Institution (Reservation in admission) act 2006 was passed. The 103rd Constitutional
amendment act provided for a maximum of up to 10% reservation in educational institutions whether aided
or unaided including private except minority educational institutions for those classes other than mentioned
in clauses 4 and 5(ST, SC, and OBC). The EWSs shall be determined by the state from time to time.
Article 16: Article 16 deals with pubic employment. There shall be equality of opportunity in matters of public
employment. No citizens shall be discriminated against on the grounds of religion, race, caste, sex, descent,
place of birth, residence, or any of them. Parliament can prescribe resident as a criterion for certain classes
of employment within the state or union territories. The state can also make any provision for reservation of
appointments or posts in favor of any backward classes of citizens which are not adequately represented in
the eyes of the state. The 77th constitutional amendment also provided for reservation in the promotion of
scheduled caste and scheduled tribes. The state can make any law proving for the incumbent of an office
concerning affairs of a religion or denomination, a person being appointed their profession a particular
religion. Article 338B Provides for a permanent National Commission for Backward Classes, the 102nd
amendment to the constitution added this provision. Article 340 provides for the president to constitute such
a commission to investigate the conditions of social and educationally backward classes and give
recommendations.
The commissions have been constituted from time to time: The 1st backward classes commission-Kaka
Kelkar Commission. The 3rd backward classes commission: Justice G Rohini Commission for sub-
categorization of OBCs (yet to submit report).
The 2nd backward classes commission-VP Mandal commission: It was constituted in 1979 by the
President under article 340. Major terms of reference: To determine the criteria for defining Socially and
educationally backward classes, Steps for their advancement, The desirability for reservation. In August
1990, VP Singh's government implemented these recommendations. It stated that "there is equality among
equal and to equate unequally is perpetuate inequality".
Major Recommendations: 52% of the population comprises of OBCs and 27% of reservations can be
granted to them. After the 27% reservations By VP Singh's government for OBCs, additional 10% reservations
were granted to the poorer section among unreserved communities. The OBCs and poorer section reservation
was challenged in Indra Sawhney Vs Union of India in 1992.
Indra Sawhney Vs Union of India case: 27% reservation for the OBCs was held constitutionally valid. This
shall be availed by the Non-creamy layer among OBCs. A permanent commission was to be set up to look into
over and under inclusion so NCBCs was constituted which became constitutional body later. No reservation
in promotion (77th amendment provided for reservation in promotion). 10% reservation for the poor section
was declared unconstitutional (103rd constitutional amendment provided for up to 10 percent reservation
for EWS). 50% must be the limit of the reservations (vertical reservation).
Reservation in the Private sector: The provision of article 16 prima-facie deals with public employment
and article 19(1)(g) for the fundamental right to trade, occupation, and profession. The Haryana state
legislative assembly passed the Haryana state employment of local candidate act, reserving 75% of those
positions in the private sector with a salary up to 30 thousand for the local youth. The law is pending before
Punjab and Haryana High court (to be judiciary reviewed).
The cons of such legislation are as follows:

 It is against the economic integration of the country.
 It promotes regionalism and is against national unity.
 It promotes local interest over national interest.
 It will lead to the flight of capital and investment.
 This will give rise to a similar tendency in other states.
The pros of such legislation are as follows:

 It may lead to better job prospects for local youth.
 It will force other states to look into employment generation.
Article 17: Untouchability is abolished and practice in any form is forbidden. It is also punishable by
parliamentary law. Untouchability is not defined in the Indian constitution. Abolition of Untouchability is
absolute and is of the widest amplitude. The parliament has enacted the SC/STs (Prevention of atrocities) act
1989.
New changes in the SC/STs (Prevention of atrocities) act 1989: New offenses have been added like
garlanding ST/SC with footwear, compelling manual scavenging, threatening or imposing social boycott,
sexual exploitation of ST/SC women, Preventing ST/SC from public places of worship. Role of Public servant
defined-Mandatory presentation of FIR, giving a copy and mandatory reading of FIR. A new chapter on the
rights of victims and witnesses.
The supreme court provided in the Subhash Kashinath Mahajan case: It ruled that a Preliminary inquiry
by a DSP ranked officer before registration of FIR. The consent for the arrest of SSP in case of private
individual and appoint authority in case of a public servant. There were protests and the parliament amended
the act that there is no need for Preliminary inquiry before registration of FIR and no permission required by
the SSP before initiating an arrest. The provisions of anticipatory bail shall not apply to the act (this act is
not applicable on SC/ST).
Article 18: The State shall not confer any title except military or academic. The constitution further prohibits
the citizens of India from excepting any title from a foreign state. The constitution further prohibits any
person who is not a citizen of India but holding any office of profit or trust from excepting title from any
foreign state without the consent of the president. Any person who is holding the office of profit or trust
cannot accept any present or office of any kind from a foreign state without the permission of the president.
The supreme court in the Balaji Raghwan Vs UOI case ruled that national awards such as Bharat Ratna,
Padam Vibhushan, Padam Bhusan, and Padam Shri are constitutionally valid and they are awards and not
titles. Although the recipient cannot use these awards as prefixes or suffixes. A maximum of 3 Bharat Ratnas
can be announced in a year. The awards were constituted in 1954 and subsequently renamed in 1955. The
award is conferred after the nominations are scrutinized by a committee headed by the cabinet secretary.
The prime minister recommended to the president the names submitted. One can also recommend
himself/herself for the award.
Article 19:
Article 19(1)(a)-Freedom of speech and expression: Article 19 is only available to the citizens of India. It
is not an absolute but a qualified right. Speech is verbal communication while expression has wide
connotations. The article also includes the right to remain silent.
It can be reasonably restricted on the following grounds:
o Sovereignty and integrity of India.
o Security of state.
o Friendly relations with the foreign states.
o Public order.
o Decency or morality.
o Contempt of court.
o Defamation or incitement to an offense.
Majors issues:
Sedition-124A of the Indian penal code provides for the offense of sedition. The supreme court in Kedarnath
Singh Vs State of Bihar ruled that sedition will only be applied if there is actual violence or incitement to
violence through written or spoken forms. In the Balwant Singh case, the supreme court ruled that mere
shouting of a slogan does not excite hatred or dissatisfaction. Justice DY Chandrachud also famously stated
Dissent is the safety valve of democracy.

Cinematic expression: The supreme court has categorically stated any form of art cannot be unreasonably
restricted.
Online Content: The supreme court in the Shreya Singhal Vs UOI case 2015 stuck down section 66-A of the
IT act as being unreasonably restricted on article 19(1)(a).
Freedom of the press: In the Bennett Colman case, the supreme court ruled that freedom of the press is
implicit in freedom of speech and expression. In the Naveen Jindal case, the SC upheld the right of the common
citizen to host a flag. Freedom of speech and expression is an important facet of democracy wherein the right
to express dissent is implicit in it.
Article 19(1)(b): It is right to assemble peacefully without arms. This right can reasonably be restricted on
groups such as sovereignty and integrity of India and public order. The SC in the T.K. Rangarajan case ruled
that right to strike is not a fundamental right, a statutory right per se. Although there is a provision for strikes
in the Industrial dispute act 1947 wherein it is permitted under certain conditions. Section 144 of CrPC,
empowers the magistrate to restrict an unlawful assembly apprehending danger to public order.
Article 19(1)(c): It is right to form associations or unions. This also includes the right to continue with the
association, union, or cooperative or the right to avoid membership in an association. This right can be
restricted on basis of sovereignty and integrity of India, public order, or morality.
Article 19(1)(d): It is right to move freely throughout the territory of India. This can be restricted in the
interest of the scheduled tribes and the general public. The supreme court in Maneka Gandhi Vs UOI ruled
that the right to travel abroad is an implicit right under article 21 of the constitution. Right to travel abroad
is also imperative to enjoy article 19(1)(g).
Article 19(1)(e): It is right to reside or settle in any part of India. It has a similar restriction as that of Article
19(1)(d).
Article19(1)(f): Right to the property has been deleted from Article 19(1)(f) and it is a constitutional right
under Article 300-A. Its remedy does not lie under the supreme court under article 32 but HC can issue a writ
under article 226 of the Indian constitution.
Article19(1)(g): It provides for the fundamental right to practice any profession, trade, occupation, or
business. The state can reserve any particular trade, industry, business, or service partially or completely for
itself. The state can also provide professional or technical qualifications for carrying out any occupation,
trade, or business.
Article 20 of the Indian constitution: Protection in respect of conviction for offenses.
No ex-post-facto law: No criminal law can be retrospectively applied. Civil laws can be retrospectively
applied. No person can be inflicted with a punishment greater than what the offense provided for on the day
of the commission of a crime. The supreme court in the Hathi Singh manufacturing case ruled that civil laws
can be retrospectively applied.
No double Jeopardy: No person can be pushed for the same crime twice. The Departmental or administrative
actions as they are not judicial and are not covered in double Jeopardy.
No self-incrimination: No person can be compelled to be a witness against himself or herself. Self-

incrimination does not include signature, writing specimen, thumb impression, etc.
The Supreme court in the Nandini Satpathy case widened the scope of self-incrimination and included mental
pressure also in it.

Article 21: Article 21 of the Indian constitution provided for the establishment of a liber democratic state
wherein no person shall be deprived of life or personal liberty, except according to the procedure established
by law. The 4 terms in popular parlance are as follows:
Equality before law: It has a negative connotation. It is a British concept.
Equal protection of the law: It is a positive concept. It is an American concept.
Due process of law: It is an American concept. It gives the widest amplitude to judicial review and to the
extent that American supreme court is informally termed as 3rd law-making chamber.
The constituent assembly initially wanted to incorporate Due process of law but after wide consultation, we
settled for the procedure established by law.
The procedure established by law: It has been borrowed from the Japanese constitution (although some
scholars trace British origin).
Article 21 is available to citizens and non-citizens alike. The principle of Natural justice is also an important
element through it is not explicitly mentioned. Justice Bhagwati highlighted the importance of the Right to
life by stating that the "Right to Life embodies a constitutional value of supreme importance in a democratic
society ". Though PEL does not give powers of judicial review, the supreme court in Maneka Gandhi Vs Union
of India ruled that while exercising the judicial review the court can check the fairness, justness, and
reasonability of the legislature.
Important cases related to the Right to life:

o Sunil Batra's case-Right to a healthy life.
o PUCL vs Union of India case-Non-payment of wages was held as a violation of the right to life.
o Hussainara Khatoon Vs state of Bihar case-The right to a speedy trial.
o The Vishakha Vs State of Rajasthan case- Sexual harassment is a violation of the right to life.
o Kiran Bedi case-Right to reputation.
o Vellore citizens welfare forum case-the polluter pays principle was established.
o The MC Mehta case-The right to a clean environment.
Right to die as part of the right to life: The supreme court of India in In P. Rathinam case ruled that the
right to life includes the right to die, thus section 309 of IPC was declared unconstitutional (decriminalizing
suicide). In the Gyan Kaur Vs the state of Punjab case, the supreme court overturned the previous judgment
and ruled that the right to die is not part of the right to life, thus IPC-309 was restored.
Aruna Shanbaug case: The supreme court ruled that Passive euthanasia can be allowed in certain
circumstances to be decided by the jurisdictional high court.
Thus, for the first time, SC recognized passive euthanasia. There was a pending case by Common Cause where
they argued that the right to life includes the right to die with dignity. Thus, the supreme court delivered a
landmark verdict.
Passive Euthanasia: It is the removal of the life support mechanism from those who have gone to a
permanent vegetative state to allow that person to die with dignity in a natural course.
Active euthanasia: It is an intentional act of causing death to a person who is experiencing unbearable pain
but would not die without active external support.
The supreme court in the Common Cause case ruled that an advance medical directive or living will be
executed by an adult in a sound and healthy state of mind, voluntarily without any compulsion, clearly

indicating circumstances in which withdrawal of medical treatment can be resorted to. It has to be attested
in the presence of 2 attesting witnesses preferably independent and countersigned by a judicial magistrate.
The Arguments in favor of passive euthanasia: Everyone has a right to die with dignity rather than being
in endless pain. It brings an end to the physical, mental, and financial strain of family members. Better
allocation of health resources must save life where the probability is very high.
The Arguments against passive euthanasia: Life is a gift of God and cannot be deliberately terminated. It
is unethical and decreases the sanctity of life. There are chances of possible misuse. Any future medical
advancement that can bring the person back to life cannot be predicted.
Right to privacy:
K.S. Puttaswamy VS UOI case: The right to privacy was firmly established as part of the right to life. The
supreme court also ruled that the right to privacy is also a natural right. It is also protected under articles
14,19 and 21. Right to privacy has wider dimensions including bodily autonomy, family, marriage, the privacy
of choice, and also the right to be left alone. The right to privacy is not an absolute right per se and can be
restricted in the interest of the state. There are three conditions for any restriction of the Right to privacy: It
must be backed by a legislative mandate. It must be proportionate to the cause (Doctrine of proportionality).
It must have a legitimate state purpose.
Article 21-A: The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution
of India. The state shall provide free and compulsory education to the children between ages of 6 and 14
years. The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A, added one of the
fundamental duties in article 51-A, and also made changes to article 45 of the Constitution of India. Article
26 of the UN declaration of Human rights also promotes the universalization of education. The supreme court
in the Mohini Jain case ruled that education up to higher education level is an implicit right under article 21
but the same was changed in the JP Unni Krishnan case, where the apex court ruled that it was only up to
secondary level. The government of India constituted the Tapas Mujumdar committee to look into the
universalization of education up to the primary level. The right to education act 2009 was enacted to further
the goal of article 21-A.
The major provisions of the right to education act 2009: The child should be admitted to an age-
appropriate classroom. The financial burden must be shared between states and the center. The Right to
access free and compulsory education in a neighborhood school. The act further prohibits any physical or
mental harassment. The schools are prohibited from charging capitation fees. There is also a provision for
school management committees. Pratham (an NGO) has recently been conferred the Indra-Gandhi prize for
peace, disarmament, and development. Pratham publishes the annual status of education report looking into
the qualitative benchmark of education on 4 key indicators- Cognitive development, early language, early
numeracy, and social and emotional development.
Article 22: Article 22 provides for the establishment of a liberal democratic state. The constitution places
severe checks to ensure the rights of a person who is under custody. Any person who is arrested shall be
presented to the nearest magistrate within 24 hours excluding the time of journey. Any further detention
must be approved by the magistrate. The person shall be allowed to consult a legal practitioner of his or her
choice. The person also has the right to be informed about the grounds of his arrest. The above provisions do
not apply to an enemy alien or a person under preventive detention. The preventive detention cannot be
beyond 3 months unless the same has been approved by an advisory board comprising of sitting or former
HC judges or a person qualified to be a high court judge. The cases of preventive detention though do not offer
the same liberty and protection at par with punitive detention but it must be exercised with abundant
caution. The supreme court places liberty on the highest pedestal and if curtailed must be based on a
statutory provision. The supreme court in the AK Roy case upheld the constitutional validity of the National
Security Act. It is also acknowledged that for larger national interest liberty can be curtailed in a restrictive
and reasonable sense.

Article 23: Article 23 provides for the prohibition of traffic in human beings and forced labor. The word
forced has a wide connotation to not only include physical force but also arising out of any economic
compulsion. The term traffics includes selling and buying of human beings like goods and slavery. The
parliament has enacted an immoral traffic prevention act to prescribe punishment for the offense. Regarding
bonded labor, Bonded labor system(Abolition)Act, 1976 prescribes the punishment for the offense. Clause 2
of Article 23 provides for an exemption to the above provisions. The state can impose compulsory service for
public purposes. The state shall not discriminate on grounds only of religion, race, caste, or class while
imposing such service.
Article 24: Article 24 prohibits the employment of children below the age of 14 years in any factories, mines,
or hazardous activities. Thus, the constitution is silent on harmless employment. The child labor prohibition
and regulation amendment act change the name of the principal act to the Child and Adolescent (prohibition
and regulation) Act 1986 act amended in 2016. Certain remunerative work such as participation in reality
shows during school holidays or leisure time is permitted. The supreme court in the Asiad case ruled that
forced labor has the widest amplitude and wages below minimum wage are also a violation of article 23. The
supreme court in bandha Mukti Morcha stated that bonded labor is a blot on any democratized society. In
the MC Mehta case, the Matchmaking industry in Sivakasi was held to be a hazardous industry.
Article 25: Article 25 of the Indian constitution is important from the perspective of secularism and
established restrictions that can be imposed while enjoying these fundamental rights. It allows you to be a
theist, Atheists, and an Agnostic. The term secular was added in the preamble through the 42nd constitutional
amendment act but it has been provided in the original constitution as a philosophy as in articles 25 to 28.
The constitution allows all person citizens and non-citizens freedom of practice, press, and propagation of
religion. The state can restrict this right on grounds such as public order, morality, and health. The state can
also regulate any economic, financial political, or other secular activity associated with religion. The state
can provide for social welfare, through open Hindu religious institutions of a public character to all classes
and sections of Hindus. Dr. S Radha Krishnan identifies the secularism of the east as a positive concept. The
state according to him does not identify itself with any particular religion.
Major aspects of secularism: The state shall not have a religion (a non-theocratic state). All public offices
shall be available to everyone irrespective of religious affiliation. Religion shall be immaterial while enjoying
fundamental rights. The secularism of the east patronizes all the religions with equidistance and equal fervor.
In a deeply religious society where practice and philosophy of religion dive into all major components of life,
religion cannot be separated from the state. The supreme court in the Shah Bano verdict ruled the
applicability of section 125 of CrPC and the parliament circumvented the judgment by enacting The Muslim
Women (Protection of Rights on Divorce) Act. The supreme court in the Shayara Bano case of 2017 held the
activity of instant triple talaq unconstitutional, arbitrary, and worse form of marriage dissolution. The
parliament enacted The Muslim Women (Protection of Rights on Marriage) Act, 2019 making triple talaq a
cognizable but compoundable offense. The supreme court in the Indian young lawyer case (Sabarimala case)
declared that the Kerala Hindu Places of Public Worship (Authorization of Entry) rules as being violative of
Article 14 because it prohibited the entry of women in the age group of 10-50 in Sabarimala complex.
Constitutional morality was given an upper hand over social and religious morality.
The Commissioner, Hindu religious endowments VS Lakshmindra case, the supreme court ruled that: Religion
is not necessarily theistic but a matter of faith and any practice associated with religion shall be tested on
parameters that whether they form an internal part of religion or not. In the Durgah Committee, Ajmer Vs
Syed Hussain Ali, the supreme court found the Dargah Khwaja act constitutional which permitted the Hanafi
Muslim to take undertake all matters related to maintenance and affairs of Dargah.
Article 26: Subject to Public order, morality, and health, every religious denomination shall have the right to
establish and maintain institutions for religious and charitable purposes. The religious denomination also
can manage its own affairs in matters of religion, acquire movable and immovable property, and administer

such property in accordance with the law. Article 25 is guaranteeing the rights of individuals While 26
guarantees collective rights. It is also important to note that article 26 shall be construed with article 25 and
should not be read in isolation but in harmony with article 25. The right to manage affairs of the religion and
associated cultural practices doesn't empower the religious denomination to breach the mandate of Article
25 which establishes the fundamental right to religion.
Article 27: It establishes the positive character of Indian Secularism. The state cannot compel any person
to pay tax for the promotion of any particular religion but it can patronize all religions equally. The state
maintaining equidistance can promote all religions but without any bias by patronizing any particular
religion. Secularism in India doesn't maintain absolute isolation from religion. In Ram Chandra Vs So West
Bengal, the SC ruled that certain fees may be levied for the proper maintenance and providing certain
facilities This will not be seen as violative of Article 27.
Article 28: This further promotes the secular character of the Indian state wherein no religious instruction
shall be imparted in an educational institution wholly maintained out of state funds. In clause 2, this
restriction shall not be applicable to an educational institution established by an endowment or trust but
administered by the state. Any educational institution either receiving aid or recognition by the state shall
not impart religious instruction compulsorily without the consent of such person or the guardian if the person
is minor. The SC in Aruna Roy Case ruled that religious philosophies or cultures are an intrinsic part of India's
civilizational heritage. They can be imparted and it will not be a violation of the principles of secularism
embodied in the Indian Constitution.
Article 29, Protection of interests of minorities: Any sections of citizens can preserve their language,
script, or culture, the SC in the TMA PAI foundation case interpreted the term any section in Article 29 to
include both minority and majority communities. This right is available only to the citizens of India. The
article further establishes the secular character of education by prohibiting discrimination against any
citizen in an educational institution maintained out of state funds or receiving aid out of state funds on
grounds only of religion, race, caste, or language. The article after interpretation establishes the rights of any
community to conserve their language, script, or culture as a matter of FR which the state can not interfere.
Article 30, Right of minorities to establish and administer educational institutions: The term minority
has not been defined in the constitution. This article exclusively deals with minorities. It recognizes religious
or linguistic minorities. It established a fundamental right for minorities to establish institutions of their
choice. The SC in St. Stephen VS University of Delhi ruled that the right to administer an educational
institution may lead to a provision of reserving up to 50 % seats for that religious minority. The article further
established a fundamental right wherein the state while compulsorily acquiring the property of a minority
educational institution shall give a fixed market compensation which shall not abrogate or restrict their FR.
The article establishes the inclusive character of the Indian state wherein the constitution specifically
safeguards the interests of minorities from infringement by state. (Note: Article 31 has been repealed by 44th
CAA 1978).
Article 31 A: It provides for the exemption of five categories of laws from being violative of Articles 14 and
19, under Article 13. The State shall provide market compensation if the land is taken and that is for personal
cultivation within the ceiling limit.
Article 31 B: It was inserted through the First Constitutional Amendment Act to provide for certain
categories of laws exemption from judicial review. Article 31 B saves the Acts and regulations from being
challenged and invalidated from judicial review on being contravening any of the Fundamental Rights. Thus,
it seeks to provide blanket immunity to all the laws in the 9th Schedule, immunity from judicial review. The
Supreme Court in IR Coelho Case ruled that judicial review is part of the basic structure, and there cannot be
a blanket immunity. The laws placed inside Ninth Schedule on or after 24th April 1973, shall be subject to
judicial review for being violative of the basic structure of the Constitution and also specifically Article 14,
15, 19, or 21. Judicial review in any democratic country is the basic requirement to maintain the liberal

democratic character of the State. The principal reason behind the insertion of Article 31 B and Ninth
Schedule was to provide for immunity to the laws related to land reforms and fulfill the socialist mandate.
The judicial review is one such concept that has expanded the rights of the citizens and also maintain the
supremacy of the Constitution.
Article 31 C: Article 31 C was inserted by the 25th Constitutional Amendment Act with the mandate to
provide primacy to those laws that seek to implement Article 39 (b) and (c) over Articles 14 and 19. The
provision was held valid in the Keshavanand Bharti vs. State of Kerala Case. Later on, through 42nd
Amendment Act, it gave primacy to all the DPSPs over Articles 14 and 19. This was declared unconstitutional
in the Minerva Mills vs. Union of India Case. The 25th Amendment that provided for immunity to any such
law as attempting to exempt judicial review was held to be unconstitutional by the Supreme Court in
Keshavanand Bharti vs. the State of Kerala.
Article 32: Ambedkar stated that Article 32 is the heart and very soul of the Constitution. Article 32 is the
Right to Constitutional Remedies. Wherein Supreme Court can be approached directly for the enforcement of
the Fundamental Rights. The High Courts can also issue writs and the writ jurisdiction of the High Court is
broader than the writ jurisdiction of the Supreme Court because High Courts can issue writs for enforcement
of other rights also. But the Supreme Court can issue writs only for the enforcement of Fundamental
Rights. Parliament can empower any other court other than Supreme Court and High Court to issue writs
without being prejudiced by the power of the Supreme Court and the High Court. Article 32 is of extreme
importance because it places Supreme Court as the protector of Fundamental Rights, custodian of those
rights and the power of Judicial review also originates from Article 32. Article 32 empowers the Supreme
Court to issue any direction or order or writs such as habeas corpus, mandamus, prohibition, quo warranto,
and certiorari.
Principle of locus standi: The person him/herself has to move court. In the case of habeas corpus, locus
standi is not applied.
Habeas corpus: To have a body of. It is a Latin term that means to have a body of. The principle of locus
standi does not apply to habeas corpus petitions. Habeas Corpus can be against the public as well as private
authorities. It is to examine the legality of any detention, but any such writ cannot be issued if the detention
is lawful or by a competent court. Or when the detention is outside the jurisdiction of the court.
Mandamus: We command (to do). It is issued by the Court to a public official. Asking him to perform official
duties that he has failed or refused to perform. It can also be issued against a corporation, inferior court, or
tribunal. It cannot be issued against a private individual or when the work is discretionary in nature and not
mandatory.
Prohibition: Not to do. And it is preventive in nature. While Mandamus leads to activity, prohibition leads to
inactivity. Prohibition is issued to a lower court or tribunal, to stop them from exceeding their jurisdiction or
usurping the jurisdiction that it does not possess. It cannot be issued against the administrative authorities,
legislative authorities, or private individuals.
Certiorari: To be certified or to be informed. It is curative in nature. And also, can be preventive. It is issued
by a higher court to a lower court or a tribunal to transfer a case to itself or nullify an order. It is issued on
the grounds of excess of jurisdiction, lack of jurisdiction, or error of law. The writ cannot be issued against a
legislative body or private individuals.
Quo Warranto: By what authority or warrant. It is to enquire about the legality of a claim holding public
office. It is to prevent the usurping of a public office by an individual. The principle of locus standi does not
apply to Quo Warranto.

Article 33: Article 33 empowers the Parliament to restrict the rights of armed forces for the proper discharge
of their duties and maintenance of discipline. It can also restrict the rights of any other forces charged with
the maintenance of public order, persons in intelligence, and counter-intelligence. Therefore, the Parliament
has enacted the Army Act, the Navy Act, the Indian Air Force Act, and the Police Forces (Restriction of Rights
Act 1966).
Article 34: The article provides for Martial Law. The term Martial Law has not been defined in the
constitution. It does not lead to automatic suspension of fundamental rights. Parliament may indemnify the
acts done by a government servant (union or state) or any other person in connection with the restoration of
public order. Martial law is generally invoked in the situation of a civil war when the military is invited to aid
civil administration.
Armed Forces Special Powers Act (AFSPA): It is a union law with six sections. Section 3 of the Act
empowers the Governor of a State or Administrator of a Union Territory or the Central Government to declare
an area as a disturbed area. Under Section 4 of the act, for the maintenance of public order, there can be
death by fire/arrest without a warrant for a cognizable offence and search without a warrant for any
premises on reasonable suspicion. Section 5 prescribes handing over the arrested person to the officer in
charge of the nearest police station. Section 6 of the act provides immunity from legal proceedings without
the previous sanction of the central government.
Naga People’s Movement for Human Rights v/s Union of India (1997): The centre can by itself declare
an area as a disturbed area, but it is desirable to consult the state government. Minimal force should be used
for effective action. The apex court ruled that there should be a periodic review of the declaration of a
disturbed area every 6 month.
Contemporary Challenges: Misuse of AFSPA has led to violation of human rights, therefore any such misuse
should be dealt with under the rule of law and no refuge shall be taken under the act for human rights
violations. The declaration of the disturbed area should gradually be limited and in consultation with the
state government. The act should be better implemented in harmony with the local population and for any
violation, proper compensation should be given.
Article 35: Parliament and not the State legislature will make laws related to clause 3 of article 16
(prescribing residence as criteria for certain classes of employment within the state or union territory), to
extend Writ powers to any court other than the supreme court and the high court without curtailing the
jurisdiction of Supreme Court or High Court. Any law related to martial law shall only be enacted by the
parliament.
Part -4 Directive principle of State policy
The concept of DPSP has been inspired by the Irish Constitution. They are non-justiciable. They mainly
promote social and economic democracy and justice. In the words of Granville Austin, "The constitution of
India is equipped with tools of social revolution". Directive Principles are similar to Instruments of
Instructions of the Government of India Act 1935. The Supreme Court in the Minerva Mills case ruled that
the constitution rests on the harmonious balance between the Fundamental Rights and DPSP. The directive
principles are not subordinate to fundamental rights, as per the Ashoka Kumar Thakur vs Union of India And
Ors on 10 April 2008. In the Paschim Bengal Khet Mazdoor Samiti case of 1996, Supreme Court ruled that the
role of the state is that of welfare both at the centre and the state level. The Supreme Court in the Olga Tellis
v. Bombay Municipal Corporation1985 case ruled that DPSPs are fundamental for governance. In the State
of Kerala & Anr vs N. M. Thomas & Ors 1975, the Supreme Court ruled that the Fundamental Rights and DPSP
must be construed(interpreted) in harmony. In the J.P Unnikrishnan case, 1993 the Supreme Court ruled that
FR and DPSP complement each other rather than being exclusionary. DPSP is against the idea of a laissez-
faire state.

Article 36: It provides the definition of state for DPSP and it is the same as that of part 3.
Article 37: The article dictates that DPSP are non-justiciable yet fundamental for governance and it shall be
the duty of the state to apply these principles in making laws. The directive principles promote an egalitarian
order based on social and economic justice.
Some important terms:

o Ipso facto: Ipso facto literally means "by that very fact". For example, " If you are a Mumbaikar, you are
a Vada Pav fan ipso facto".
o Ab initio: Ab Initio literally means "from the beginning". For example," After cheating was disclosed, the
agreement was declared void ab initio".
o Quid Pro Quo: It is the favour granted in return for something. For example- "The terrorists were
pardoned as a quid pro quo for releasing hostages".
o Sui Generis: It simply means "one of a kind". For example-"Due to having both unitary and federal
features, India follows a sui generis federalism.
o Suo-moto: relating to an action taken by a court of its own accord, without any request by the parties
involved. “the Supreme Court had taken Suo moto notice of the case".
Socialist principles: Socialism in India is distinct and can be termed as Fabian socialism (named after
Fabian society), evolutionary socialism (evolutionary rather than revolutionary change), democratic
socialism (change through the power of vote), and Nehruvian socialism. The kind of socialism we promote
favors a mixed economy that is, both public and private sector coexists. Socialism as a principle for the Indian
economy was adopted by the INC Avadi session. The retreat of the state post-liberalization has led to larger
privatization of the private sector which may have diluted socialism but it doesn't mean that we have
abandoned the principle of socialism in fact, we have moved to pragmatic socialism, and also welfare
mandate of the Indian state is not getting diluted. The socialistic mixed economy in India has multiples
reasons because the state has limited fiscal capacity.
Article 38: It establishes the welfare state and social economic and political justice Dr. Ambedkar
emphasized the trinity of special, political, economic justice and one is incomplete without the other two - to
minimize inequalities in the income and eliminate inequalities in state.
Article 39: Furthers the goal of socialist principles wherein the state shall direct its policy towards- Provide
adequate means of livelihood. Community resources should serve the common good- Better allocation of
resources. The economic system must not result in the concentration of wealth (progressive taxation,). Equal
pay for equal work for both men and women. Economic necessity must not result in abuse of health and
strength of the worker men and women. Inserted by 42nd CAA - Overall development of children with freedom
and dignity and protection against exploitation
Article 39A: Inserted through 42nd CAA. Promotes the operation of a legal system that favors justice and
economic or other disability should not come in way of accessing justice. It also provides free legal aid. The
parliament of India enacted the legal services authorities act 1997 which provides for- Establishment of Lok
Adalats and alternate dispute resolution mechanism and Free legal aid to certain classes of persons.
Article 41: State within limits of economic capacity shall make provision for the right to work, education,
public assistance in certain cases of unemployment, old age, sickness, and other undeserved bonds. The
parliament enacted MNREGA promising 100 days of unskilled manual labor, an old-age pension scheme,
sickness being dealt with by public hospitals, etc.
Article 42: The state shall make provisions for securing just and humane conditions of work and provide
maternity relief. The parliament enacted the maternity benefit act 1961 which was amended to expand
maternity benefits from 12 to 26 weeks.

Article 43: The state shall secure a living wage and a decent standard of life, promote cottage industries
The state is making effort through legislation such as the minimum wages act etc.
Article 43A: It was added by the 42nd CAA. The state shall take steps by suitable legislation to secure the
participation of workers in the management of undertakings, establishments, etc. This was added to promote
the interest of working-class and secure their participation in the decision making. It also provides for an
inclusive workspace wherein the management should be sensitive and aware of the aspirations of working-
class.
Article 47: The duty of the state is to raise the level of nutrition, standards of living, and public health
Public health is a state subject. Although the center also has its own medical institution.
Gandhian principle: Gandhian principles have been an important part of the directive principles and the
constituent assembly took the precaution to incorporate them in DPSP.
Article 40: The article directs the state to establish village panchayats and endow them with the necessary
powers and authority to enable them to function as units of self-government. The article was better
implemented through the 73rd constitutional amendment act wherein part 9, as well as the 11th
schedule, was added. The Panchayati raj in India is still facing multiple issues for true realization.
Article 43: It mandates the state to promote cottage industries on an individual or cooperative basis in rural
areas.
Article 43 B: It was added through the 97th constitutional amendment act. It mentions that the state shall
try to promote voluntary formation, autonomous functioning, democratic control, and professional
management of cooperative societies. The Gandhian dream of cooperative working should also be realized.
Article 46: The Gandhian dream is to promote the interest of weaker sections and in particular SCs, STs.
103rd Constitutional Amendment Act (the object and reasoning of the bill) also mentions the amendment to
fulfill one of the mandates of Article 46.
Article 47: The state shall endeavor to prohibit the consumption of drinks and drugs which are injurious to
health. The is a part socialist and part Gandhian principle.
Article 48: The state shall prohibit the slaughter of cows, calves, and other milch and draught cattle.
Important Gandhian principles are: Panchayati Raj, Non-violence, Satyagraha, Clinging on to the truth,
Trusteeship, Abolition of untouchability, Ram Rajya (Perfect idea of justice), No consumption of intoxicants.
Swadeshi and Democracy for him was a decentralized concept and he was not a firm believer in the state.
Liberal intellectual principles:

Article 44: The State shall endeavor to secure for the citizens a uniform civil code throughout the territory
of India. In the absence of an agreed definition of UCC, the Uniform civil code is simply to provide for
uniformity in civil laws for all citizens of the country over the personal laws based on religion, community,
region, etc. The Supreme Court has time and again requested to look into the implementation of UCC.
Why UCC: It will lead to gender justice. It will uphold the principle of secularism. It will promote fraternity
in the country. It will also do away with the complexity of laws. It will lead to the simplification of laws.
Important Supreme Court cases:

o Miss Jordan Case 1985: Supreme Court highlighted the need for uniformity in marriage and divorce.
o Shah Bano Case 1985: Supreme Court again stressed the necessity of UCC and the right of Muslim
women to seek maintenance under section125 of the Criminal Procedure Code (Cr Pc).

o Sarla Mudgal Case 1995: There is no essential relationship between religion and personal laws and
matters such as maintenance, and inheritance can be seen as secular in nature.
o Danial Latifi Case 2001: The Supreme Court again upheld the right of Muslim women to seek
maintenance under Cr Pc.
o John Vallamattom Case 2003: UCC is necessary for national integration and to remove contradictions
based on ideologies.
Major areas of contention: Marriage, divorce, inheritance, adoption, and maintenance.
Way forward: It should be implemented after arriving at a consensus with the communities. The diversity of
India is unparalleled; therefore, it should be implemented gradually. In the absence of an agreed definition
of a constitution of UCC, the UCC should be implemented in a piecemeal approach by solving one issue at a
time. Provisions in the constitution like Article 371A(Nagaland) and Article 371G(Mizoram,) provide for the
acceptance of diversity and that also needs to be amended.
Article 45: The state shall provide early childhood care for the age group 0-6 years. Examples of such
initiatives are Integrated Child Development Scheme (ICDS), Mission Indra Dhanush (immunization
program), maternity benefits, etc.
Article 48: The state shall organize agriculture and animal husbandry on modern and scientific lines. For
Example- the Indian Council of Agricultural Research (ICAR), Indigenous Breed Development program, etc.
Article 48 A: The state shall protect and improve the environment and safeguard forests and wildlife. It was
added through the 42nd constitutional amendment 1976. The parliament has enacted the Environmental
Protection Act 1986, and Wildlife Protection Act 1972. The government of India has signed the Paris Climate
Agreement 2015. The Ministry of Environment has been renamed as Ministry of Environment Forest and
Climate Change.
Article 49: The state shall protect any monument, place, or object of national importance. Archaeological
Survey of India is an attached office under the Culture Ministry of India and it can undertake projects outside
India and underwater expeditions also.
Article 50: The state shall take steps to separate the judiciary from the executive. In India, we do not follow
the water-tight separation of powers because the entire executive, that is the council of ministers is drawn
from the legislature.
Article 51: The state shall promote international peace and security, maintain just and honorable relations
between nations, foster respect for international laws, and encourage the settlement of international disputes
by arbitration.
Part – 4A Fundamental duties article
51-A: It was added through the 42nd Constitution amendment act on the recommendations of the Swaran
Singh Committee. It is also a reminder to the citizens that while they enjoy rights they also have certain duties.
Gandhiji said that the source of rights is duties. If we discharge our duties, rights will not be far to seek.
Article 29 of the Universal Declaration of Human Rights states that everyone has duties to the community
in which alone the free and full development of his personality is possible. Fundamental duties are only
applicable to citizens. They have not been enforced yet, but other statutes/ordinary laws enforce some of
them like the Prevention of Insult to National Honour Act 1971 and some Provisions of IPC. Fundamental
duties have also some intangible values such as noble ideals that inspired the national struggle for freedom,
scientific temper, humanism, etc. The 11th fundamental duty was added through the 86th Amendment 2002.

Fundamental Duties are non-enforceable to date but they can be made enforceable by a Parliamentary law.
The Fundamental Duties though not enforceable yet there are other provisions that make them enforceable
like the Prevention of Insult to National Honour Act, some provisions of IPC, laws against sexual harassment
like the Domestic Violence Act, etc.
 To abide by the Constitution and respect its ideals s and institutions, the National Flag and the National
Anthem (National song is not mentioned here).
 To cherish and follow the noble ideals which inspired our national struggle for freedom;(those ideals of
democracy, equality, fraternity, etc. which were also part of the freedom movement should be respected)
 To uphold and protect the sovereignty, unity, and integrity of India.
 To defend the country and render national service when called upon to do so.
 To promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity
of women.
 To value and preserve the rich heritage of our composite culture.
 To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have
compassion for living creatures
 To develop the scientific temper, humanism, and the spirit of inquiry and reform.
 To safeguard public property and to abjure violence. To strive towards excellence in all spheres of
individual and collective activity so that the nation constantly rises to higher levels of endeavor and
achievement.
 Who is a parent or guardian to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years.
The value of Part IVA is of uttermost significance and the Supreme Court in the Chandra Bhavan Boarding
case ruled that it is fallacy to think that our constitution only has rights but not duties. The Supreme Court in
the AIIMS student Union versus AIIMS, 2001 case ruled that Fundamental duties are of valuable guidance to
interpret and resolve the constitutional and legal issues.
Types of Majority:
 Simple Majority: This refers to the majority of more than 50% of the members present and voting. This
is also known as the functional majority or working majority. \
 Special Majority: All types of majorities other than the absolute, effective, or simple majority are known
as the special majority.
 Effective majority: Majority of the effective strength of the house.
 It is required: Removal of Vice President in Rajya Sabha and to remove the speaker, Deputy Speaker.
 Special Majority: The majority of the total membership and two-third of the members are present and
voting. To amend the Constitution of India. The majority required to impeach the President Special
Majority with ratification by half of the states - Any constitution amendment that alters the federal
structure has to be ratified by half of the state Legislative Assemblies. The majority required in
Parliament will be special Majority required in the state legislature is simple.
Part - 5 Union Executive
The Union Executive comprises of President, Vice-President, Prime Minister, Council of Ministers, and
Attorney-general. The President is the first citizen of India and also, he is the Supreme Commander of the
defense forces.
Qualification of the President: He should be 35 years of age. He should be a citizen of India. He should be
eligible to become a member of the Lok Sabha.

Electoral college: Elected members of the house of people. Elected members of the Council of states. Elected
members of the state Legislative assembly. Elected member of the legislature of the UT of Delhi and
Puducherry.
Impeachment:
All members of Lok Sabha and Rajya Sabha: The state legislatures participate in the election of the
President while they do not participate in impeachment. The nominated members do not participate in the
election of the President but they participate in the impeachment process.
The oath: Faithfully execute the office. To preserve, protect and defend the Constitution. To devote to the
well-being of the people of India.
Term of office: The President holds the office for a term of five years and also, he can get re-elected. The
President can continue in office till his successor arrives. In case of an abrupt vacancy the Vice- President acts
as the President In case of vacancy in the office of President and Vice- President the Chief Justice of India acts
as the President and discharges the functions of the President.
Election to the office of President: No whip can be issued in the election of the President. The election of the
President is through the Secret Ballot. IT is done through a single Transferable vote, Proportional
representation.
Value of vote of 1 MLA= (Total population of the state/Total number of elected members in state legislative
Assembly) X (1/1000).
The value of the vote of an MLA differs from state to state but the value of the vote of every MLA is the same
within the state. Interstate disparity and intra-state parity.
Value of vote of one MP=Total value of the votes of all MLAs of all states/Total number of elected members
of the Parliament.
The value of votes of Lok Sabha and Rajya Sabha MP will be the same.
Electoral quota: Total number of valid votes polled/(1+1))+1.
The election of the President is conducted by the Election Commission of India. Any dispute related to the
election of the President shall only be decided by the Supreme Court of India. In the first phase cease the
counting of only the first preference votes. In case a candidate secures the required quota, he is declared
elected. Otherwise, the transfer of vote begins. The ballot of the candidate securing the least number of first
preference votes is canceled and his second preference votes are transferred to the first preference of other
candidates. The process goes on till a candidate is able to secure the required quota. The election of the
President cannot be challenged on the ground that there was a vacancy.
Legislative powers of the President: The president is a part of the Parliament but he is not a member of
the Parliament. The President Prorogue and summons the session of Parliament. The President promulgates
ordinances when both the houses are not in session or one house is in session and the other one is not in
session. Nomination of members to Rajya Sabha. Giving assent to the bills The President decides over the
disqualification of the members of Parliament.
Executive powers of the President: The Prime Minister is appointed by the President and remains in office
till the pleasure of the President. The council of ministers is appointed by the President on the
recommendation of the Prime Minister. All executive actions of the union are taken in the name of the
President. The President allocates business for the convenient transaction and among ministers. The
President appoints the Comptroller and Auditor General, Members, and chairman of UPSC, members and
chairman of the Finance Commission, etc.

Financial powers: The President shall cause to be laid an annual financial statement before both the houses
of the Parliament. A money bill can only be introduced in the Parliament with his prior recommendation.
No Demand for a grant can be made except on the prior recommendation of the President. The President
appoints the Finance Commission for the distribution of revenue between the center and states.
Judicial powers: The President appoints the Chief Justice of India and the judges of the Supreme Court and
High courts. The President can seek advice from the Supreme Court on any question of law or fact. The advice
tendered by the Supreme Court is not binding on the President. The President can grant pardon, Commute,
Reprieve, Respite, or order remission of any sentence or punishment.
Veto powers: The terms like absolute, pocket, qualified, or suspension veto are not explicitly mentioned in
the Constitution.
 Absolute veto: This means withholding his assent to the bill and the bill dies then and there. The
President in the rarest of the rare circumstance will apply this veto.
 Suspensive veto: The President exercises this veto when he returns the bill back for reconsideration
by the Parliament. The Parliament shall reconsider the bill and it is obligatory for the President to
approve the bill if it is sent for the second time after reconsideration.
 Pocket Veto: Since there is no time frame mentioned for the President to give his assent, unlike the
US President who has to decide over a bill within ten days. The Constitution of India by remaining
silent is giving an indefinite period to the President. There is no veto power in Constitutional
amendment bills.
Some countries have the provision of Qualified veto wherein the Presidential reconsideration is
overridden by a higher majority. But there is no such provision in India.
Ordinance making power of the President: Article 123 of the Constitution provides for the provision of the
President to promulgate an ordinance. There can be no ordinance promulgated to amend the Constitution of
India. Ordinance making is an emergency provision but not a parallel legislative power.
R.C. Cooper case: Ordinance making is subject to Judicial review.

DC Wadhwa case: The promulgation of an ordinance to bypass the legislature is a violation of
the Constitution.
The ordinance is Lawmaking by the President subject to the limitations of the Constitution. Ordinance
making is an extraordinary power and it can be issued when both the houses are not in session or one house
is not in session.
Dr. Ambedkar stated in the constituent assembly that “the ordinance-making mechanism is to deal with a
sudden situation and it is not a parallel legislative power”.
The ordinance has to be approved by both the houses within six weeks of reassembly otherwise it will lapse
by itself. A bill replacing the ordinance shall be introduced along with a statement explaining the reasons
behind the emergency use of the ordinance provision.
Pardoning power of the President: The President can use this power with respect to: An offense against
the union law. An offense against the court-martial. Where the sentence is a death sentence.
 Pardon: It absolves the convict from sentences, punishments, etc.
 Commutation: It changes the character of punishment substituting it from one form to another that is
a lighter form. Example: rigorous imprisonment to simple imprisonment.
 Remission: It changes the quantum of a punishment without changing the character of the punishment.
Example: 2 years of rigorous imprisonment is changed to 1 year of rigorous imprisonment. IT changes

the quantum of a punishment without changing the character of punishment, for example, two years of
rigorous imprisonment to 1 year of rigorous imprisonment.
 Respite: It leads to a lesser sentence in place of the original one because of a special circumstance such
as a differently-abled person, a visually impaired, a pregnancy, etc.
 Reprieve: It leads to staying on the execution of the sentence especially the death sentence because of
the fact that the convict should get time for applying to the President for commutation or pardon. The
Supreme court has exhaustively dealt with the pardoning scheme.
Cases: In the Maru ram case, the Apex court ruled that the pardoning should be exercised on the advice of
the executive and it should not be arbitrary. The powers are very wide but they cannot be allowed to run riot.
In the Epuru Sudhakar case, The Supreme Court acknowledged limited judicial review. In the Vikas Chatterjee
case, Supreme Court ruled that pardoning can be judicially reviewed on grounds of Mala fide. In the
Shatrughan Chauhan case, the Apex court found the inordinate delay in the disposal of the mercy petition is
a ground for the commutation of the death sentence. The Supreme Court in the Bachchan Singh case ruled
that the death sentence shall be awarded in the rarest of rare cases.
"I have found that mercy bears richer fruits than strict justice." --- Abraham Lincoln
Vice President: Vice President is the second-highest constitutional functionary. The Vice President is the ex-
officio chairman of the Council of states. The Vice president is also the officiating President in case of an
abrupt vacancy in the office of the President. Maximum tenure is 6 months. The Vice President is elected by
an electoral college consisting of both the houses and all members (elected and nominated). The Vice-
President is removed in the following manner. There is no ground mentioned in the Constitution to remove
the vice-President. A formal impeachment is not required to remove the Vice-President. The majority to
remove the Vice-President is the effective majority in Rajya Sabha and a simple majority in Lok Sabha. The
resolution can only be introduced in Rajya Sabha and after giving 14 days' advance notice to the Vice-
President. The Vice-President is also eligible for re-election any number of times.
Qualification to become Vice-President: She/he must be of 35 years of age. He/she should be a citizen of
India. He/she should be qualified to be a member of the Rajya Sabha. He/she should not hold any office of
profit except a sitting vice -President, union or state minister, or governor.
The Vice-President acts as the chairman of the Rajya Sabha which is inspired by the office of the vice-President
of the United States of America. The Vice-President assumes the presidency for the remainder of the tenure
in the USA but in India, the Vice-President can officiate as President maximum of 6 months. The vice-President
is not a member of Rajya Sabha but he/she also cast vote if there is a tie over a bill.
Council of Ministers(CoM): The strength of the council of ministers cannot be more than 15 % of the
strength of the house after the 91st constitutional amendment 2003. The COM consists of three categories of
ministers: cabinet ministers, ministers of state, and deputy ministers.
Cabinet Ministers: These head the important ministries of the Central government like home, defence,
finance, external affairs, and so on.
Ministers of State: These can either be given independent charge of ministries/ departments or can be
attached to cabinet ministers.
Deputy Ministers: They are attached to the cabinet ministers or ministers of state and assist them in their
administrative, political, and parliamentary duties.
At times, the CoM may also include a deputy prime minister. The deputy prime ministers are appointed mostly
for political reasons.

Article 74 provides that the President “shall” act on the aid and advice of the council of ministers. Any
discussion done in cabinet meetings or any advice tendered by the Council of Ministers to the President shall
not be called into question in any court of law.
In the Rameshwar Prasad v/s Union of India case 2005, the Supreme Court ruled that the decision was
taken on the advice of the cabinet, like the president’s rule/dissolution of suspensive assembly/suspension of
the legislative assembly, etc. can be questioned in court on the grounds of malafide. The action shall be
defended by the Union of India in court. The council of ministers is appointed by the President, on the advice
of the Prime Minister. COM continue in their office till the pleasure of the President. This does not refer to the
personal pleasure of the President, and the President cannot remove any minister without the advice of the
Prime Minister. The president can ask the council of ministers to reconsider its decision once. If the same is
sent back to the president again, then the president has to give assent. The Council of Ministers is collectively
responsible to the Lok Sabha as per article 75. The council of ministers is collectively responsible to the House
of people at the union level and the state legislative assembly at the state level. The tool to ensure collective
responsibility in Lok Sabha is known as the “no-confidence” motion, although the term is not mentioned in
the constitution. The council of ministers is required to take both the oath of office and secrecy. The council
of ministers shall be either from Lok Sabha or Rajya Sabha, but any person can be appointed subject to
securing the seat in either of the houses within six months.
Cabinet: It is a group of 15-20 ministers holding important portfolios. The term “Cabinet” is not mentioned
in the constitution other than article 352 after the 44th constitutional amendment. It is the highest decision-
making body in the administrative domain. The cabinet is the chief or vital cog of the Council of Ministers.
The cabinet is headed by the Prime Minister and takes all the major policy decisions.
Comparison of Cabinet and Council of Ministers:
Cabinet Council of Ministers
The cabinet is a small body comprising generally The Council of Ministers can have the maximum
of 15-20 ministers. strength of 15 % of the house.
It comprises of Prime Minister/ Chief Minister, Cabinet

Ministers are of cabinet rank. ministers, ministers of state, and Deputy Ministers if
any.
Practically, all powers rest with it. Theoretically, all powers rest with it
Cabinet committees: They are constituted under Transaction of Business Rules 1961. They are extra-
constitutional bodies. They are constituted from time to time. They are mostly headed by the prime minister
and in some cases any other senior minister. Cabinet committees take up complex issues, reduce the workload
of the cabinet, facilitate in-depth policy discussion, etc. At present, there are eight cabinet committees:
1. Appointments Committee of the Cabinet.
2. Cabinet Committee on Accommodation.
3. Cabinet Committee on Economic Affairs.
4. Cabinet Committee on Parliamentary Affairs.
5. Cabinet Committee on Political Affairs.
6. Cabinet Committee on Security.
7. Cabinet Committee on Investment and Growth.
8. Cabinet Committee on Employment and Skill Development.
Parliament: Article 79 of the constitution states that the Parliament of India shall comprise Lok Sabha, Rajya
Sabha, and the President. The prime task of parliament is to make laws but in a parliamentary
democracy/parliamentary form of government, the council of ministers is also collectively responsible to the
house of people. The number of seats from states and union territories in Rajya Sabha is mentioned in
Schedule 4 of the constitution. The allocation of seats to houses of people from states and UTs are in the first
schedule of the Representatives of People Act 1950.
Importance of Bicameralism: It avoids hasty legislation because the laws are scrutinized and passed by
both the houses. Rajya Sabha as the council of states represents the federal aspirations and is balancing
federalism along with certain special powers. It provides an avenue for wider sections of society from
different walks of life to participate in law-making and become part of the council of ministers. The Council
of states also has the special provision of the nomination of members by the president from different walks of
life like art, literature, social service, etc.
Delimitation: The constitution of India provides for delimitation of constituencies under Article 82: “There
shall be re-adjustment of seats in the house of people as per the new census”. The 42 nd Constitutional
Amendment Act 1976 froze seats in the house of people till the year 2000.The 84th Constitutional Amendment
Act 2001 has frozen it till the first census after 2026. The Delimitation Commission is established by an Act of
the parliament. Article 329 prohibits challenging any law related to delimitation in any court of law.
The prime task of the delimitation commission is as follows: Readjust the number of seats on the basis
of population after every census. Redrawing of the boundaries of the constituencies. Reserved constituencies
get adjusted as per the latest census. Renaming of the constituencies can also be undertaken. The delimitation
commission gives recommendations that are advisory and once accepted implemented by the Election
Commission of India under the Representation of People Act 1950.
Qualification to be a member of Lok Sabha/Rajya Sabha: He/She must be a citizen of India. He/She must
be over 25 years of age (It is 30 years for Rajya Sabha). He/She must subscribe to the oath and affirmation
prescribed in the third schedule. He/She has to be a voter in any constituency in the country, for Lok Sabha.
The Representatives of People Act 1951 was amended in 2003 to allow any registered voter to contest from
any state in the Rajya Sabha elections. It was upheld by Supreme Court in the Kuldip Nayyar v/s Union of
India case 2006.
Disqualification of Members of Parliament:

10th Schedule Anti Defection Law: Democracy and its principles get violated due to frequent defections.
It also leads to unstable governments and erodes people’s faith in democratic institutions.
Provisions of the 10th schedule: Independent member will get disqualified if he/she joins any political party.
If a nominated member joins a political party six month after getting nominated, he will be disqualified. If
less than two-thirds of members of a political party, switch the political party then all of them are liable to
get disqualified. If an elected member gives up the primary membership of the political party.
If member votes in favor/against/abstains from voting as against the whip issued by the party, and the action
is not condoned within 15 days by the party, then he/she will be disqualified. Any disqualified member cannot
be appointed as a minister until he/she wins the election next time. The decision under the 10 th schedule is
taken by the Speaker/Chairman.
In the Kihoto Hollohon v Zachillhu case of 1993, the Supreme Court ruled that the decision of the speaker
is subjected to judicial review. As anybody can complain to the office of the speaker is the new provision, the
principle of Locus Sandi does not apply here. The Supreme Court in Speaker, Manipur Legislative
Assembly case 2021 recommended an impartial tribunal to decide over the 10th schedule cases, rather than
the speaker who may be seen as supporting the ruling party. Another legislative vacuum is that there is no
time frame in the tenth schedule wherein the speaker has to make a decision.
Office of profit: The principle of separation of power is not followed in the watertight sense in India.
This is because the entire Council of Ministers is derived from Legislature. Still, the legislatures are expected
to exercise their functions independently without any fear or favour. The ethical reasons
for disqualification in the event of holding the office of profit are to maintain a healthy separation of powers
and avoid governmental patronage. The democratic fabric of the country should not be perturbed by the

executive's patronage. The office of profit is not defined in the Constitution. The disqualification is primarily
tested on these grounds to ascertain whether an office is the office of profit or not. Whether the appointment
is made by the government or not. Whether the government has dismissal powers or not. Whether the
remuneration is given by the state/government. The disqualification order is issued by President/Governor
respectively acting on the binding advice of ECI.
The Supreme Court in the election Commission versus Subramanian Swamy case ruled that the
Election Commission acting on a petition deciding over the Office of profit acts as a quasi-judicial body and
must follow the Principles of Natural Justice. In the Jaya Bachchan versus Union of India case, the Apex court
ruled that profit of pecuniary gain shall be taken into consideration while deciding. In Divya Prakash versus
Union of India, the post of Chairman Board of School Education without remuneration was not held to be
an Office of Profit. The decision is taken by ECI after taking into consideration the factors laid down by the
Honourable Supreme Court.
Office of Speaker: The Speaker is the principal face of the Lok Sabha. The Speaker is elected by the members
of the Lok Sabha and only a sitting member can contest the post of speaker in the Lok Sabha. The date of the
election of the speaker is decided by the President. The Speaker is removed by the members of the Lok Sabha
through a resolution after giving 14 days' notice by a majority of then members (Effective Majority).
Role/powers/functions: The speaker derives powers from the Constitution of India, Rules of procedures and
conduct of the business of Lok Sabha, and conventions. The speaker is the final interpreter of the Constitution
within the House, also interprets rules of procedure and conduct of business, etc. The Speaker cast his/her
vote in case of a tie and it is called a Casting vote i.e. in the second instance (in a resolution for his removal,
the speaker can cast vote in the first instance only). The Speaker presides over the joint session of a
Parliament (Article 108). The Speaker also decides on the disqualification under the tenth schedule. (this can
be judicially reviewed- Kihoto Hollohon case). The Speaker is also responsible for supervising the overall
functioning of Lok Sabha. To bring impartiality to the Office of the speaker, his salary is charged to
the Consolidated Fund of India and not voted upon.
Deputy Speaker: It is the constitutional office and draws strength from the Constitution and rules of
procedure and conduct of the business of Lok Sabha. The date of election of the Deputy Speaker is fixed by the
speaker and the Constitution uses the term as soon as possible. The Deputy speaker and the speaker do not
take oath separately and they take oath as Member of Parliament. (As a convention, somebody from the
opposition is elected as Deputy Speaker). The Deputy Speaker's salary is charged to the consolidated fund of
India.
The panel of Chairpersons (07:15 PM): They are deriving their strength from the rules of Lok Sabha. The
Speaker nominates a panel of not more than 10 persons to act as chairpersons when the Speaker/Deputy
Speaker is not presiding. When the offices of Speaker and Deputy Speaker fall vacant, the panel of
Chairpersons cannot preside over the house and it shall be presided by a person appointed by the President
till the elections are held.
Chairman of Rajya Sabha: The Vice President of India is the ex-officio chairman of the Council of states. The
Vice President of India never presides over the joint sitting and his salaries and allowances are Charged to the
Consolidated Fund of India. The Chairman of Rajya Sabha is not entitled to vote during his removal resolution
while he can give casting vote on bills if there is a tie. The Vice President also does not certify a bill as a money
bill.
Deputy Chairman of Rajya Sabha: The Deputy Chairman is elected from among its members. Like Deputy
Speaker enjoys the powers and functions.
In Chronology of joint sitting: The Speaker, The Deputy Speaker of Lok Sabha, The Deputy Chairman of
Rajya Sabha.

Office of the Leader of opposition(LoP): In a healthy Democracy, the opposition plays a key role. The leader
of the opposition salaries and allowances act granted statutory recognition to the office. The LoP is granted
the status of a cabinet minister. As per Mavlankar rule, the single largest party in opposition securing at least
one-tenth of the seats of the house is given the post of LoP. The LoP status can be granted even with fewer
seats at the discretion of the Speaker. The LoP is the principal face of the opposition and corners the
government on policy matters, national issues, and constructive criticism.
Sessions of the Parliament: With the termination of the session, the pending notices lapse (except those
that are for the introduction of bills). The termination of a session does not affect a pending bill. In UK the
will as well as notice lapse. The Constitution of India stipulates a maximum six months gap between two
sessions. There is no such mention of budget, monsoon, or winter session. At the end of a session and its
beginning have technical constitutional names:
o Summon: It is the calling of a new session by the President on the advice of the Prime Minister.
o Prorogation: This is the termination of a session. This brings a temporary halt or a termination of a sitting
with a stipulated time of meeting again. IT is done by the President on the advice of the Prime minister.
It is declared by the Speaker or the Presiding officer.
o Adjourned sine die: This is the termination of the sitting for an indefinite period. It is declared by the
Speaker or the Presiding officer. It does not terminate the session.
o Recess: It is the gap between two sessions that is from its prorogation to next meeting or reassembly.
Basic facts: The tenure of Lok Sabha is 5 years from its first meeting or it's dissolved earlier by the President.
Rajya Sabha has no fixed and is never dissolved. It is the members who have a tenure of 6 years and one-third
of the members retire after every two years. The Council of states changes the entire membership every six
years until the same members get re-elected.
Terms related to Session: Prorogue, Summon, Adjourn, Adjourn Sine die and Recess.
What happens to a bill on the dissolution of Lok Sabha: A bill introduced and pending in Rajya Sabha but
never transmitted to Lok Sabha will not lapse. A bill introduced and pending in Lok Sabha and not
transmitted to Rajya Sabha will lapse. A Bill introduced and passed by the Lok Sabha and transmitted to
Rajya Sabha will lapse. A bill passed by the Rajya Sabha and transmitted to Lok Sabha will also lapse. A bill
for which a joint session has been called by the President before the dissolution of the Lok Sabha will not lapse
and the joint session will go ahead as scheduled. A bill for which Presidential assent is pending will not lapse.
A bill which has been sent by the President for reconsideration shall not lapse. The President exercises veto
over the bills except for constitutional amendment bills.
Parliamentary devices:
Question hour: It is the first hour of the day. This is a very important Parliamentary tool that ensures the
executive's accountability to the legislature.
Starred question: It will be distinguished by an asterisk. IT requires an oral answer and supplementary
questions can be asked.
An unstarred question requires a written reply and supplementary questions do not follow. In a short notice
question, generally, less than 10 days' time is given and an oral answer is given.
Zero Hour: IT is an Indian innovation and not mentioned in the rules of procedure. It is usually the time
between question hour and business of the day when members raise matters without prior notice.
Motion: These are basic Parliamentary devices through which the house expresses its opinion or decision.
Any discussion on a matter of general public importance can take place with the permission of the presiding
officer only through a motion.

 Substantive motions are those motions wherein an important issue is being dealt with like the removal
of the Chief Election Commissioner, Supreme Court judge, or impeachment of the President.
 Substitute motions are those motions where an original motion is superseded and the substitute motion
provides an alternative to original motion.
 Subsidiary motion is the motion in which the original motion is referred to and subsidiary motion has
no independent existence. It leads to any change in the original motion.
 Closure Motions:
o Simple closure: It is used when the matter has been sufficiently discussed and now it should be
put to vote.
o Closure by compartment: The bill or the resolution is grouped into parts. The debate takes place
over the part and the entire bill is put to vote.
o Kangaroo closure: In this only important clause of the bill or the resolution are debated and the
entire bill is put to vote
o Guillotine closure: (Most frequently employed). In this, the undiscussed part of the bill is clubbed
with the discussed part and put to vote.
No Confidence Motion: The entire Parliamentary ministry hinges on the collective responsibility of the
Council of Ministers toward the house of people. This collective responsibility is ensured through the tool of
the no-confidence motion. No-confidence motion can only be brought in Lok Sabha because the Council of
Ministers are collectively responsible to Lok Sabha. The Passage of the no-confidence motion would lead to
the fall of the government. There is no reason required to be given but it requires the support of at least 50
members.
Confidence motion: It is a relatively new procedure where the leader of the house seeks the confidence of
the house. It can only be brought in Lok Sabha. It can be brought when there is confusion over the majority
(thin wafer majority), the leader wants to regain the confidence of the house, etc. The passage of the
confidence motion leads to the survival of the government.
Adjournment Motion: It is important to draw the attention of the house to an urgent issue of definite public
importance. It involves the censure of the government so can only be brought in Lok Sabha. It requires the
support of at least 50 members to be admitted. The discussion must last at least 2 hours and 30 minutes.
Motion of thanks: The President of India addresses both the houses of the Parliament after each general
election when a new Lok Sabha comes to life and at the start of the first session of every new year. The speech
of the President is approved by the executive and is meant to highlight the policies and programs of the
government. Both the houses of the Parliament discuss the speech of the President and pass-through motion
of thanks. The failure of the motion of thanks in the Lok Sabha would lead to the fall of the government. It is
also passed in Rajya Sabha but on rarest of the rare occasions. The opposition has been successful in passing
the motion with some amendments and this will not lead to the fall of the government. The motion of thanks
is important because it highlights the achievements of the government, and goals and provides an
opportunity to highlight the inefficiency of the government.
o Policy cut motion: Demand is reduced to rupee 1.

o Token cut motion: Demand is reduced by 100.
o Economy cut motion: Any lumpsum reduction can be claimed.
Annual Financial statement(AFS): It is popularly known as a budget. The term Budget is nowhere
mentioned in the Constitution. The AFS contains the statement of estimated receipts and expenditures. It also
shall distinguish expenditure on revenue account and other expenditures. No tax can be levied except by the
authority of the law. The Parliament cannot increase the tax, it can either reduce it or abolish it. No money
shall be withdrawn from the Consolidated Fund of India except an appropriation made by the Parliament.
The AFS shall also have expenditure charged upon the Consolidated Fund of India which shall not be subjected
to any vote in the Parliament. (Those expenditures can be discussed in the Parliament). No demand for the
grant can be made except on the prior recommendation of the President. Finance bills contain taxation
proposals while appropriation bills contain withdrawal proposals.
Chronology of budget:
Secret Document---> Department of Economic Affairs (Prepares it) --> Budget Speech (by FM) --> General
Discussion--->Department related Standing Committees---->Vote on-demand---> Appropriation bill (Takes
place only in Lok Sabha). ----> Passing of Finance bill.
Financial bill:
1. Money bill- (Finance/Appropriation).
2. Financial bill 1
3. Financial bill 2
Money bill: It can only be introduced in Lok Sabha It can be introduced only on the prior recommendation
of the President. The Rajya Sabha cannot reject a bill or amend the bill. It can suggest certain changes and
maximum delay the bill for 14 days. The President can accept the bill or reject the bill but cannot send the
bill for reconsideration.
Article 110 provides for money bills and the following kinds of matters can be certified as money bills:
A bill that deals with tax. A bill that deals with regulation or borrowing of money. A bill that deals with the
withdrawal of money from CFI. Any incidental matter/s. The decision of the speaker with respect to
certification of a bill (whether money bill or not) is done by the Speaker of Lok Sabha once it is transmitted
to Rajya Sabha. Article 110, envisages those bills generally are related to important fiscal matters and should
not be delayed.
Consolidated Fund of India: It is a fund in which all receipts are credited and all loans raised along with
repayment of loans and advancement of loans etc.
Contingency Fund of India: This is an emergency fund operated through the Contingency Fund of India act
passed by the Parliament. It is operated on behalf of the President. The fund is operated by the expenditure
secretary and secretary department of economic affairs. In 2021-2022, the corpus of the fund was increased
from 500 crores to 30,000 crores.
Public Account of India: All other Public money received by the government of India like post office, savings
bank deposits, Judicial deposits, and remittances goes to the Public Account of India.
Financial Bill I: It is a matter of general legislation but also deals with fiscal matters. It is similar to a money
bill in two aspects- They both can only be introduced in Lok Sabha. They both are introduced on the
recommendation of the President. The Financial Bill I can be sent back by the President for reconsideration
or there can be a joint session.
Financial Bill II: It involves expenditure from CFI, but not those matters mentioned in article 110. It is just
like an ordinary bill. The only special provision is that it requires the prior recommendation of the President
at the consideration stage. The FBII can be introduced in either house of the Parliament and there can be a
joint sitting of both the houses. The FBII can be returned by the President for reconsideration by the house.
Lawmaking process in the Parliament (05:52 PM)

Classification of the Bills:
Ordinary bills: For example, RTI Act, MGNREGA, and IT Act.
The Constitutional Amendment Bills (under Article-368): A Private member can also introduce a
Constitutional Amendment Bill. It can be introduced in either house of the Parliament. It can be introduced
both by the minister and private members also. The President cannot exercise the Veto and as per Art 368, it

is a requirement that the “President shall not withhold his assent to a constitution amendment bill”. A
Constitution Amendment Bill that alters the federal structure has to be ratified by half of the state
Legislature. For example, 101st Constitutional Amendment Act(GST). There cannot be a Joint sitting in the
Constitutional Amendment Bills.
Money Bill: Financial Bill (I & II).

Stages of the Bill:
1. Introduction stage: A bill is introduced in the House after taking the Leave of the House. The Bill is then
published in the Gazette of India. If the bill is published in the Gazette of India, leave of the house is not
needed. The introduction of the Bill is also known as the First reading. Nothing Substantial happens other
than the introduction of the bill and it becomes the property of the House.
2. Consideration stage: The Second reading is the most important stage where House may consider the
bill immediately or fix some other date. It may refer the bill to a Joint or select committee. It may invite
public opinion. After the bill is considered by the committee, the house comprehensively takes up the bill.
Clauses are discussed, amendments can be introduced and the Bill takes a final shape.
3. Third Stage: The entire bill is put to vote and the house can either accept the bill or reject the bill as a
whole. No amendments are permitted at this stage.
Parliamentary Committee: A committee that is appointed or elected by either House or nominated by the
Speaker/Chairman. Works under the direction of Speaker/Chairman. It presents its report to the House or to
the Speaker or Chairman. Secretarial assistance is provided by Lok Sabha/Rajya Sabha. A Consultative
committee also comprises MPs but it is not a Parliamentary committee. It is constituted by the Ministry of
Parliamentary Affairs and is headed by the concerned minister.
Why do we need a Parliamentary committee: To reduce the enormous work load of the Parliament. To
improve the quality of legislation by inviting expert opinion, eliciting public opinion, and comprehensive
discussion. These committees also enhance the accountability of the executive towards the Legislature. These
committees perform their work in a calm and considerate atmosphere far from the hustle and bustle of
politics. Parliamentary committees also study the reports by different institutions.
Financial committee:
Public account Committee: The committee was constituted in 1921 under the provisions of the Government
of India Act, 1919. The committee has 22 members (15 Lok Sabha and 7 Rajya Sabha). The members are
elected for 1 year by single transferable vote proportional representation. No minister can be a member of
the Public Account Committee to avoid a conflict of interest. As per convention, the Chairman of the Public
Accounts committee is from the opposition.
Functions of Public Account Committee: To study the reports of CAG from appropriation or Finance
accounts. The Committee also examines the accounts to compare the actual expenditure with the expenditure
approved by the Parliament. The committee also examines the accounts of autonomous and semi-
autonomous bodies audited by CAG. The committee also examines the money spent on any service during a
financial year in excess of what was granted by the Lok Sabha.
Limitations: They conduct a post-mortem examination of accounts. Their recommendations are advisory in
nature and are binding. They cannot intervene in day-to-day administration.
Estimates Committee: This committee was first constituted post-independence in 1950 (Although before
independence it can be linked to a standing finance committee set up in 1921). The members are elected for
one year by single transferrable vote proportional representation. The term of office is one year. All thirty
members are drawn from look Sabha only. The chairman is appointed by the speaker from the ruling. This
committee is also known as a continuous economy committee.

Major functions of the committee: To report on the economic aspects, better administration, reforms etc.
It also suggests alternative policies to promote efficiency and economy in administration. To suggest the form
in which estimates are to be presented to the Parliament.
Committee on Public Undertakings: It originated in 1964. It has 15 members from Lok Sabha and 7 from
Rajya Sabha. The term of office is 1 year. The members are elected by single transferrable vote proportional
representation.
Major functions of the committee: To study the report of CAG on Public Undertakings to examine whether
PSUs are adopting sound business practices. To make recommendations with respect to the prudent
commercial practices, and better performance and look into the accounts of PSUs along with their annual
reports.
Department Related Standing Committees: These committees came into being in 1993. The number of
committees were increased from 17 to 24 in 2004. They consist of 31 members (21 from Lok Sabha and 10
from Rajya Sabha). The chairman of the committees under Rajya Sabha is appointed by the chairman of
Rajya Sabha and the chairman of the committees under Lok Sabha is appointed by the Speaker of Lok Sabha.
The members are drawn from both the houses but not elected but nominated.
Major functions of the committees: To consider the demand for grants and report on the same.
They are not allowed to suggest any cut motion. To examine the bills pertaining to concerned ministries/
departments referred by the chairman or speaker. To consider the annual report of the ministries and
departments. To consider the long-term policy documents.
Consultative Committees: This is not a parliamentary committee. It is constituted by the Ministry of

Parliamentary affairs. Its maximum membership is 30 and the minimum is 10. The minister in charge of the
ministry is the chairman of the respective or related consultative committee of that ministry. These
consultative committees provide a forum for discussion between members of Parliament and ministers with
respect to the policies/programmes/performance of the ministry etc.
Judiciary: Justice is the hallmark of any civilization. Judiciary has the monumental function of:
o Adjudicating disputes between citizens vs state, different units of government, citizens vs citizens etc.
o To uphold the supremacy of the constitution and maintain rule of law.
o In addition to the above, the judiciary in India is also tasked to adjudicate the federal disputes to maintain
the federal equilibrium.
o In India, we have an integrated judiciary where both the federal and state laws are adjudicated by courts
at all three levels.
o The Supreme Court, High Court and Subordinate Courts in hierarchy derive their existence from the
constitution.
o Lok Adalats and Gram Nyayalayas are constituted under the legal services authorities act and gram
Nyayalayas act respectively.
Qualifications for the Supreme court / High Court Judge: He must be a citizen of India. For the Supreme
Court, one should be a judge of the high court for 5 years or advocate for 10 years or be a distinguished jurist
in the opinion of the President. (The distinguished jurist criteria are especially for the supreme court). For
High Court, one should have held a judicial office for a minimum of 10 years or should have been an advocate
of the high court for 10 years. The appointments for both Supreme Court and High Court Judges are made by
the President through his hand, warrant and seal.
Process of Judges Appointment in Higher Judiciary: The Chief Justice of India should consult a collegium
of four senior-most judges of the Supreme Court for the appointment of a judge to the Supreme Court. In case
of appointment of a high court judge, the Chief Justice of India should consult the collegium of two senior-

most judges of the Supreme Court. In case of transfer of a high court judge, the Chief Justice of India should
consult a collegium of four senior-most judges of the Supreme Court.
o In the first judge's case, S.P. Gupta Vs Union of India, the SC ruled that the recommendation made by
the CJI to the President can be refused for “cogent reasons”, thereby giving greater say to the executive.
o In the second judge's case, Supreme Court Advocate on Record Association, the Supreme Court ruled
that the term consultation in article 124 was interpreted to mean concurrence. The advice tendered by
CJI shall be binding on the President. The CJI shall consult two senior-most judges of the Supreme Court.
This also led to the birth of the collegium system. The outgoing CJI shall forward the name of the senior-
most judge of the Supreme Court who shall be appointed as the next CJI.
o In the third Judge's case, Re: third judge's case (this was a Presidential reference under article 143 i.e.
advisory jurisdiction), the Supreme court expanded the collegium from two to four and even if two judges
disagree, the name sent shall not be binding on the President.
99th Constitutional Amendment Act: It amended Article 124 to provide for the appointment of the
recommendation of NJAC. It inserted article 124 A prescribing the composition of NJAC. It inserted article 124
B prescribing the functions of the commission. It also inserted article 124 C empowering the Parliament to
make a law to regulate the procedure of the commission. The Parliament passed National Judicial
Appointment Commission Act as per the mandate of Article 124 C. Supreme Court on 16th October 2015 in
the Supreme Court Advocate on Record Association Vs Union of India case, the Supreme Court struck down
the 99th Constitutional Amendment Act and NJAC Act as being violative of the principle of the independence
of the judiciary which is a basic structure of the constitution.
CJI Office under RTI Act: In Central Public Information Officer, Supreme Court of India Vs Subhash
Chandra Agrawal case, 2019, the Supreme Court held that the office of CJI is a public authority under RTI
Act. The disclosure of information should be in harmony with maintaining the independence of the Judiciary.
It should also balance the privacy of judges. The court also ruled that the names at the output stage can be
shared. It also ruled that the CPIO should examine the RTI request on a case by case basis if it is violative of
privacy, independence of judiciary etc. and it can be selectively denied.
National Judicial Appointment Commission: The government moved 99th Constitutional Amendment Bill
to establish National Judicial Appointment Commission. It was envisaged as an independent commission to
appoint and transfer judges of the High Court and appoint judges of the Supreme Court of India. It was
composed of three senior judges, two eminent outsiders and the Law Minister. The constitutional amendment
was passed by Parliament and was ratified by 20 states. However, before it was notified, it was challenged in
Supreme Court as an attempt by the government to interfere with the independence of the judiciary. The
motive behind the creation of NJAC was to bring reforms in the appointment process of the Indian higher
judiciary.
Issues with the Collegium system:

o Opaqueness: The biggest problem with the collegium system is that it is completely opaque — and any
system that is not transparent will be open to misuse.
o Nepotism: Sometimes the high office of the higher judiciary is patronized. A person, whose near relation
or well-wisher had been a judge in the higher courts or is a senior advocate or is a political high-up,
stands a better chance of elevation (Uncle Judge syndrome).
o Lack of Permanent Commission: The administrative burden of appointing and transferring judges
without a separate secretariat or intelligence-gathering mechanism to profile appointees. This led to
inefficiency in the appointment process and the higher judiciary has a huge number of vacant positions.
Why Supreme Court struck down NJAC: NJAC did “not provide an adequate representation, to the judicial
component” and that new provisions in Constitution are insufficient to preserve the primacy of the judiciary
in the matter of selection and appointment of Judges” “Article 124A (1) is ultra vires the provisions of the
Constitution, because of the inclusion of the Union Minister in charge of Law and Justice as an ex officio
member of the NJAC.” The amendment impinged upon the principles of “independence of the judiciary”, as
well as, the “separation of powers”. The clause which provided for the inclusion of two “eminent persons” as
Members of the NJAC has held ultra vires the provisions of the Constitution.
Implications of judgement: The judgement has once again undermined the authority of Parliament to
legislate on matters pertaining to Judiciary. Some legal experts have labelled the verdict as judicial activism
by the judiciary and a manifestation of a conservative outlook when it comes to reforming its own institution.
With this verdict, the appointment shall continue through the Collegium system. However, the judiciary is
seeking to bring reforms ensuring transparency and a fair recruitment process.
Removal of SC and HC Judges: The procedure to remove the Supreme Court and High Court judges is the
same. Grounds for removal include proven misbehavior or incapacity.
Process of removal: A removal motion is signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha).
The Motion once introduced can be accepted or rejected by the chairman. If the motion is admitted a 3-
member committee shall investigate the charges. The committee shall comprise- Chief Justice or Judge of SC,
Chief Justice of HC and A Distinguished Jurist. The committee shall investigate the charges and if the
committee finds guilty then the person shall be removed only after voting. The House shall pass the motion
after approving the same by a special majority. The President shall remove the judge after the motion has
been passed by both the houses.
Jurisdiction of Supreme court:

1. Writs Jurisdiction: In case of violation of Fundamental Rights, one can directly approach the supreme
court under article 32 of the constitution. The supreme court can issue any order, direction, or writ. The
supreme court as the final interpreter of the constitution, and custodian of the constitution protects the
Magna Carta of the constitution which is Fundamental Rights. The Writ jurisdiction of the supreme court
is shared with high courts too, therefore they are original but not exclusive jurisdiction.
2. Original(exclusive) jurisdiction related to federal disputes: They are the federal dispute, they can be
between the center and one state, center and more than one state, or between two or more states. They
are the exclusive jurisdiction(only) of the supreme court.
3. Appellate Jurisdiction:
o On constitutional matters: If high courts give a certificate of appeal that involves an interpretation
of the constitution by the supreme court.
o Civil matters: If the case involves a substantial question of law and a certificate is issued by the high
court.
o Criminal matters: If the high court reverses the acquittal by the lower court and sentences the
person to death. If the high court takes before itself any case from the subordinate court and
sentenced to death. Then you have a right to appeal in Supreme court, if the high court issues a
certificate of appeal.
Appeal By special leave: This is the most extraordinary and special power of the supreme court. This makes
the Indian supreme court one of the most powerful courts under the provisions of the constitution. The
supreme court is authorized to grant special leave against the judgment of any court or tribunal of the court
except the military court. This is at the discretion of the supreme court.
Advisory jurisdiction: Article 143 of the Constitution empowers the president to seek the opinion of the
supreme court on any question of law or fact that is of public importance. The opinion rendered by the
supreme court is not binding on the president. It is not binding on the supreme court to render advice except
when it is a matter related to a pre-constitutional treaty or agreement. In advisory jurisdiction, the opinion
is rendered through an open court. As per the provisions of Article 145(4), the judgment shall be delivered in
open court and as per article 145(3), the minimum number of judges shall be 5. Amicus Curie- A friend of
the court invited by the county for expert opinion.

Supreme court as a court of record: The supreme court as a court of record insures that its records are of
evidentiary value and its judgments and records are of perpetual memory.
Contempt of court: The constitution of India has bestowed upon the supreme court and high court powers
to punish for its contempt. The term "contempt" has not been defined in the constitution. The contempt of
court act 1971, prescribes the punishment for contempt that is up to 6 months of imprisonment or up to 2000
rupees fine or both. The act defines civil contempt as willful disobedience. Criminal contempt is scandalizing
or lowering the authority of the court, interfering with judicial proceedings, or interfering with the
administration of justice. In the case of HCs if it is not a Suo-Motu case then the permission of the Advocate
General is required and in the case of the supreme court, the permission of the Attorney General or Solicitor
General is required. The act exempts fair criticism of judicial acts. The act further in section (4) permits fair
and accurate reports of judicial proceedings. Section (3) exempts any innocent publication from contempt of
court.
Judicial review: Judicial review is extremely vital for the proper functioning, maintaining liberty, and
ensuring rule of law.
What is judicial review: Judicial review of a constitutional amendment. Judicial review of ordinary law.
Judicial review of administrative action or executive order.
Why the need for Judicial review: To uphold the supremacy of the constitution. To protect the rights,
especially the fundamental rights. To maintain federal equilibrium.
Mentioned in the constitution: The term judicial review is nowhere mentioned in the constitution but in the
following article, the power of judicial review is explicitly conferred on the supreme court and the high court
respectively:
o Article 13-It confers the power of the supreme court to declare laws that are inconsistent with
Fundamental Rights or contravene FRs as null and void to the level of incontinence and contravention.
o Article 32-Constitutional remedies.
o Article 131-Original jurisdiction on federal disputes (Supreme court).
o Article 132-Appellate jurisdiction on constitutional matters.
o Article 133-Appellate jurisdiction on civil matters.
o Article 134-Appellate jurisdiction on criminal matters.
o Article 136-Special leave petition.
o Article 143-Advisory jurisdiction:
o Article 226-Writ Jurisdiction of HCs.
o Article 227- Power of High court to exercise superintendence over courts within their jurisdiction except
for military courts.
Critical analysis of judicial review: Any judgment of the supreme court can be reviewed by the court later
and it is called a "Review Petition". In the Roopa Ashok hurra case, the SC ruled that after the review petition
a curative petition can also be filed in extraordinary circumstances.
Judicial Activism: The concept of Judicial activism originated in the USA. The term was coined by Arthur
Schlesinger. The doctrine of judicial activism has led to the judiciary playing a proactive role in promoting
the interest of the people at large and transgressing the normative boundaries of separation of powers.
Judicial activism can be defined in the following ways: It is a way of the Judiciary actively interpreting a
law where they end up making laws exercising their personal opinion. Judicial activism is also a departure
from strict Separation of Power and expands the rights through judicial pronouncements. It has led to social
engineering, expansion of rights, and also the judiciary upholding the aspirations of the citizens. Judicial
activism is not bad per se but when there is a transgression beyond accepted lines it became Judicial
overreach. The CJI has highlighted the importance of separation of power and advised the organs of the state

not to cross "Lakshman Rekha". Judicial activism is normally witnessed when the judiciary through its
pronouncement fills the legislative vacuum, there is the failure of the executive to discharge their
constitutional duties, then the people look upon the judiciary as savior. In judicial activism, there is an
element of judicial enthusiasm, wherein the judiciary brings about social reforms, etc.
Public interest Litigation(PIL): The concept originated in the USA. The PIL has contributed enormously to
expanding the rights and most importantly upholding the aspirations and interests of unprivileged sections
of the society. PIL is also a product of judicial activism. It is also known by other names such as social action
litigation, class action litigation, and social interest litigation. PIL is a different type of litigation where the
petition sin is not about a private claim but a collective interest. PIL has been defined by SC as "a legal action
initiated in a court of law for the enforcement of public interest or general interest in which the public or a
class of the community has a pecuniary interest or by some interest by which their legal rights or liabilities
are affected". The courts under articles 32 and 226 of the Indian constitution hear the PIL petition. The PILs
normally expand the scope of article 21 of the Indian constitution. The PILs also lead to multiple social
reforms in the interest of women, de-criminalization of politics, environmentalism, etc. In PIL the principle of
Locus Standi is relaxed.
Alternative dispute redressal mechanism:

Gram Nyayalayas Lok Adalat
These are statutory courts under the Gram These are constituted under the legal services
Nyayalayas act 2008. authority act 1987.
Gram Adhikari must be a Judicial magistrate-1st Presiding officers may include advocates, retired
class. judges, serving judges, social workers, etc.
Can take up cases that are compoundable (mostly
Can take both civil and criminal cases mentioned in
civil). some criminal cases like check bounce cases
1st and 2nd schedule of Gram Nyayalayas act.
are also compoundable.
Gram Nyayalayas: The Gram Nyayalayas are also called village courts because they dispense justice at the
doorstep. The Gram Nyayalayas are not bound by the Indian evidence act 1872 but will be guided by the
principle of natural justice. Gram Nyayalaya’s judgments can be challenged in civil cases in district court and
criminal cases in session's court. Any such appeal has to be disposed of within 6 months. Gram Nyayalayas is
constituted of a group of panchayats at an intermediate level with its headquarters and it is a mobile court.
They try to solve the dispute through conciliation so that the disputes are settled in an amicable atmosphere.
Lok Adalats: Lok Adalats are constituted from time to time. There is also a provision for permanent Lok
Adalats. Lok Adalats are a classical example of alternate dispute resolution. The Lok Adalats take up cases at
a pre-litigation stage. They can also take up an ongoing dispute. The award of Lok Adalat shall be final and
binding and no appeal lies against the award given by the Lok Adalats. Lok Adalats try to settle a dispute by
offering possible terms of settlement which if agreed is delivered in the form of an award.
Permanent Lok Adalats: The legal services authorities act 1987, as amended in 2002 to provide for the
provision of permanent Lok Adalats. Permanents Lok Adalats are envisaged for utility-related cases such as
water, electricity, telephone, etc. The chairman/Presiding officer is or has been a district judge or additional
district judge along with other persons having experience in public utility. The permanent Lok Adalat also
offers a possible term of settlement in which if the party fails to agree then decided the case on merit. Every
award delivered by permanent Lok Adalat is binding.
Free legal aid: To implement Article 39(A) and the essence of the article which promotes equal access to
justice, the parliament enacted, the legal services authorities act 1987.

Who all are entitled to free legal aid: STs and SCs, Women and children, Industrial workmen, Victim of
mass disaster, violence, flood, earthquake, etc. Disabled persons, Victims of trafficking or beggar and Persons
in custody.
Free legal aid is provided to promote the principle of natural justice and Article 39(A). The national legal
services authorities monitor and evaluate the implementation of legal aid programs and lay down policies
and principles for making legal services.
The issues and challenges with subordinate courts or the lower judiciary: A large number of vacancies,
Lack of proper infrastructure, Security of judges, High pendency of cases and Lack of skilled workforces.
Article 142: To ensure complete justice, the apex court can issue an order. This power is an extraordinary
power that is used sparingly.
Tribunals: Article 323-A and 323-B were inserted through the 42nd constitutional amendment act. Article
323-A provides for administrative tribunals and Article 323-B provides tribunals for other matters. Article
323-A empowers the parliament only to establish the administrative tribunals related to adjudication related
to service conditions, recruitment, etc. The tribunal for state government employees can only be constituted
by the parliament under Article 323-A. The appeal lies in the High court as ruled by the supreme court in the
Chandra Kumar case. The administrative tribunal's act empowers the central government to constitute the
state administrative tribunals at the request of respective states. The Joint Administrative tribunal can be
created for 2 or more states.
Article 323-B: Under Article 323-B both the parliament and state legislature can establish tribunals for
adjudication of disputes related to matters such as taxation, rent, and tendency rights, industrial and labor
issues, etc.
Comparing the judiciary in India with that of the USA: Indian judiciary subscribes to the doctrine of
procedure established by law while in the USA it is due process of law. In the USA there is a federal judiciary
where the feral laws are implemented by federal laws while the state laws are implemented by the state
judiciary. In India, we have an integrated judiciary where both central and state laws are implemented by
both the supreme court, high court, and sub-ordinate courts. Due to the due process of law, the federal
supreme court of the USA has wider powers of judicial review. The Indian supreme court has appellate
jurisdiction on constitutional, civil, and criminal matters whereas the USA supreme court has appellate
jurisdiction only on constitutional matters. Indian supreme court has an advisory jurisdiction whereas the
US supreme court does not have any such power. Indian supreme court has a wide direction to allow special
leave petitions which are not available to the US supreme court. Both the supreme court derives their
existence from a written constitution and are the final interpreters of the constitution. They both have powers
to decide over federal disputes.
Comparing Judiciary in India and UK: In India, there is a written constitution and the judiciary derives its
existence from the constitution. In the UK there is no written constitution and the supreme court derives its
existence from the constitutional reform act passed by the UK parliament. In powers of judicial review is very
vast which is not the case in the UK where the parliament is sovereign. In the UK the apex court has been in
existence since 2009, taking over the appellate powers of the house of lords. In India, the supreme court
succeeded the federal supreme court and it is the final court of appeal. Since we have adopted the British
legal system in the major laws, therefore there is a commonality of laws in both the countries. Rule of law is
an important element of jurisprudence in both the country.
Federalism: Federalism is the basic structure of the constitution as ruled by the supreme court in the SR
Bommai Vs UOI case. The term federal is derived from the Latin word Foedus which means treaty or
agreement. In simple terms, in a federal setup, the power is divided between the federal or the central
government and the state government. Both the units derive their power from the written constitution. The

constitution of the USA was the 1st written constitution as well as the federal one. The constitution of India
has been termed by different scholars as differently vis-a-vis Sui Generis(unique)/federal with unitary bias/
co-operative federalism, etc. In an absence of an agreed definition of federalism, many features have been
taken as a standard from the model of counties like Switzerland and the USA.
Federal features of the Indian constitution: Dual polity, Written constitution, Division of powers (7th
schedule), Supremacy of the constitution, Independent judiciary and Bicameralism.
Unity features of the Indian constitution: Strong center, States are not indestructible, single citizenship,
Provisions of emergency, All India services, Integrated judiciary, CAG office and Appointment of governor by
the center.
Dimension of Center between State relations:

Legislative relation: There are three lists that are i.e. Union list, state list and concurrent list. The union
list contains those subjects which have national importance, for example, defense, war and peace, citizenship,
etc. The Parliament is only empowered to legislate on any subject mentioned in the union list. The state
legislature is empowered to legislate on a subject in the state list except in five extraordinary circumstances
wherein the Parliament can legislate on the state list. The Parliament as well as the state legislature is
empowered to make laws on the concurrent list. If there is a clash between a Parliamentary law and the law
passed by the state legislature then the Parliamentary law shall prevail over the state law.
If the law passed by the state legislature on the concurrent list seeks to override the Parliamentary law then
it is required to receive the assent of the President. That law will only be valid for that particular state.
Legislative extent: The state can make laws for the entire state and part of the state. In the RMDC
corporation case, the Apex court ruled that the state can legislate outside the state (if there is sufficient
nexus). In the matters of extra-territorial legislation, The Parliament has the exclusive domain to make
laws for Indians and their property abroad. The Parliament can legislate for the entire country or part of the
country.
Administrative relations: The executive function of the center extends to the laws made on the union list
that is union list laws are implemented by the center. Similarly, the executive power of the state extends to
the laws on the state list. Concurrent list laws are generally enacted by the Parliament but they are
implemented by the state except when the Constitution or a Parliamentary law explicitly confers the same on
the center.
Mutual delegations of the functions: The President with the consent of the state can entrust any of the
executive functions of the union to the state. The Governor with the consent of the center can entrust any of
the executive functions of the state to the center. The Parliament can delegate any of the executive functions
of the union and impose duties, and powers upon the state even without the consent of the state. Under Article
365 of the Constitution, the union is empowered to issue directions to the state and the failure to comply with
the same shall result in a situation where it will be held that the state is not being carried as per the provisions
of the Constitution.
Five extraordinary circumstances in which the Parliament can legislate on state list:
o During a National emergency: The Parliament can legislate on the state list. The law so enacted
becomes inoperative at the expiration of six months after the emergency ceases to be in operation. The
Parliament during a national emergency cannot restrict the state to pass laws on the state list but if
there is a clash between a Parliamentary law on the state list during a national emergency and a law
passed by the state legislature, the Parliamentary law shall prevail.
o During President's rule: The Parliament becomes empowered to legislate on the state list. (IT can also
empower any other authority like the President to legislate on the state list.). The laws so made are known
as Presidential Acts and they are made in consultation with MPs of that state. The law is valid till the time
it is repealed or amended by the legislative Assembly.

o To implement an international treaty or agreement: The Parliament can legislate on the state list to
implement an international treaty or agreement.
o When Rajya Sabha passes a resolution: whenever the Council of states feels in national interest it is
necessary for the Parliament to legislate on the state list, it will pass a resolution supported by two-thirds
of the members present and voting. The Parliament is then empowered to legislate on the state list till
the resolution is valid and the validity of the resolution shall be one year. The validity of the law shall be
six months after the resolution ceases to be in operation.
o When two or more states make a request: When the legislature of two or more states requests the
Parliament to legislate on the state list then the Parliament can make laws for that matter. Those laws
are applicable only to those states. Those laws can be amended or repealed only by the Parliament. Any
other state can also adopt the law by passing a resolution.
Financial Relations: Any tax cannot be levied except by the authority of law. (no taxation without
representation). The Parliament has the exclusive power to levy taxes on the subjects enumerated in the union
list. The state legislature has the exclusive power to levy taxes on the subjects enumerated in the state list. In
the concurrent list, there is no tax except GST. Both Parliament and state legislature can make laws on GST.
The rates bracket etc. are determined by a Constitutional body under Article 279(A) that is GST Council. The
residuary powers of taxation are with the Parliament (Entry 97).
Article 268 - stamp duties on cheque promissory notes, and insurance policies are levied by the centre but
collected and appropriated by the states.
Article 269 - This is a special provision where the taxes are levied and collected by the center but assigned
to the states. examples - taxes on consignment of goods in interstate trade and commerce.
Finance Commission(FC): It is the balancing wheel of fiscal federalism. It is envisaged as an impartial body
to recommend the distribution of revenue between the center and the states. It is constituted by the President
under Article 280 of the Constitution. The composition of the Finance Commission is mentioned in the
Constitution. The qualifications of the members are mentioned in Finance commission (Miscellaneous
provision) Act, 1951. It is a recommendary or advisory body.
The functions of the Finance Commission: The distribution between the union and states net proceeds of
taxes both horizontal and vertical. The Principles that should govern the grant in aid out of Consolidated
Fund of India. Measures to augment the Consolidated Fund of state for better devolution of funds to PRIs and
municipalities. Any other matter referred by the President the President constitutes Finance Commission
before the end of every 5th year or even earlier. Under Article 279, the net proceeds certificate is issued by
the Comptroller and Auditor general (CAG). With respect to the 15th Finance Commission in the term of
settlement, certain measurable performances were mentioned which the commission may consider. They are
as follows - Expansion and deepening of tax net under GST, Efforts made toward the replacement rate of
population growth, Implementation of flagship schemes and sustainable development goals, etc.,
Performance in ease of doing business and Control on populist measures.
14th and 15th Finance Commission

14th FC 15th FC
Income distance 50% 45%
Area 15% 15%
Population (1971 census) 17.5% not taken the 1971 census
Population (2011 census) 10% 15%

Demographic performance - 12.5%
Forest Cover 7.5% -

Forest and Ecology 10%
Tax and fiscal efforts 2.5%
The FC does not make any recommendation for the union territories. The FC is an impartial body which is
making recommendations that are advisory in nature but are mostly accepted. Under Article 282, both center
and state can make grants at their discretion which is outside the purview of FC. The surcharges levied by the
center go to the center exclusively and states have no share in them. The Constitution of India expects
balanced fiscal federalism to ensure healthy distribution of revenue and the finances at both union and state
levels should be sound.
National Emergency: The Constitution of India provides for the provision of the National Emergency so as
to empower the union Government to deal with any exigency. The provisions of emergency are unitary
provisions. The only grounds on which a national emergency can be proclaimed: External aggression, Armed
rebellion and War. The term internal disturbance in Article 352 has been replaced by the term armed
rebellion as a ground for invoking a national emergency.
The 44th Constitutional Amendment brought many changes to limit the power of the executive so that
emergency provisions are not misused. The emergency approval by both the houses of the Parliament has to
take place within one month (initially it was 2 months). There was no provision for periodic approval.
Through the 44th Amendment, an emergency continues to be in operation for six months and has to be
approved by the Parliament every 6 months. The emergency has to be approved by a majority of the total
membership of that house and two-thirds of the members present and voting. The 44th Amendment thus
brought a strict majority compared to the previous one.
Revocation of emergency: No less than one-tenth of the total number of members of the Lok Sabha give
written notice to the Speaker if the house is in session, otherwise to the President, then a special sitting shall
be called within 14 days. If that special sitting passes a resolution to discontinue, a national emergency by a
simple majority then the emergency ceases to be in operation
Effect on Centre-state relations:

o Administrative Relations/executive relations: Normally the center's executive power extends to
directing any state on certain specified matters. During a national emergency, the center can give
direction on any matter.
o Legislative relations: During a national emergency, the Parliament is empowered to legislate on
the state list. The law becomes inoperative after 6 months when the emergency ceases to be in operation.
The President can proclaim an ordinance (on the state list) when the Parliament is not in session.
o Financial relations: The President can modify the constitutional distribution of revenue between the
center and states and such modification continues till the end of the financial year.
o Effect of Emergency on Fundamental rights:
Article 358: It leads to the automatic suspension of Article 19. Only on the grounds of external aggression
and war. For the entire period of national emergency. The state can make any law or take any executive
action with respect to Article 19. Applicable to the entire country. It is extended to the entire country.
Article 359: It can be applied on all the three grounds: External aggression, Armed rebellion and War.
Article 359 is confined to all FRs except 20 and 21. Suspension of the enforcement of those rights
mentioned in the Presidential order only for the period specified by the President. For the entire country
or a part of it mentioned in Presidential order.
President Rule:

Ground for proclamation: When the state is not being carried as per the provisions of the Constitution.
Article 355 imposes the duty on the center to protect every state from internal disturbance/external
aggression and also ensure that the state is being carried as per the provisions of the Constitution. Article
365 empowers the center to issue directions to the state, failing to comply will lead to the President holding
lawfully that state is not being carried as per the provisions of the Constitution. The President's rule can be
imposed when the state is not being carried as per the provisions of the Constitution or failure of the
Constitutional machinery.
Approval: The proclamation has to be approved by both the houses within two months by a simple majority.
It has to be periodically approved every 6 months.
Effects of President rule: The CoMs are dismissed and the powers of the state government are vested in the
Governor or exercised on the behalf of the Governor is taken by the President. State legislative Assembly will
either be suspended or will be dissolved. There is no effect on the judiciary. The strength of the government
shall only be tested on the floor of the house and the concept of floor test was given by Supreme Court in S.R.
Bommai case. The President's rule can be imposed on the report of the Governor or otherwise.
Misuse of President's rule: Dr. BR Ambedkar stated in Constituent Assembly that Article 356 shall remain
as dead letters in the constitution. It was envisaged that it will not be misused. Sadly, the provision has been
misused many times. The Supreme Court in SR Bommai Case ruled that misuse of Article 356 is an attack
on federalism. It is proper to impose President's rule under the following situation: When after elections to
the Legislative Assembly" there is a situation of hung Assembly. The party that has the majority declines to
form the government. When the state fails to adhere to the direction given by the center. When the state
deliberately subverts the provisions of the Constitution.
When it is improper: Any change of government at the center will not result in the dismissal of state
governments. Maladministration or corruption, etc. cannot be a ground to impose President rule.
Other aspects of SR Bommai's judgment: The imposition of President rule is subject to judicial review. The
strength of the government shall only be tested on the floor of the house. The state Legislative Assembly can
only be dissolved after the Parliament approves the President's rule. Article 356 should be used sparingly.
National Emergency and the President's rule: Fundamental rights are affected in a National emergency
while in the President's rule, they are not affected. In a national emergency, there is no maximum period while
in the President's rule, the maximum period is 3 years. During the President's rule, Parliament can legislate
on a state list or empower/delegate this function to any other authority but in a national emergency, only
the Parliament can legislate on its own. A national emergency has to be approved within one month by the
special majority and for the President's rule, it is within two months by Simple majority.
National emergency grounds are external aggression, war, or armed rebellion while for the President's rule,
the ground is when the state rule is not carried as per the provisions of the Constitution.
Financial Emergency (Article - 360):

o Grounds of emergency: When the credit of India or financial stability is threatened. The President of
India is empowered to proclaim a financial emergency. It should be approved by both the houses of the
Parliament within two months by a Simple majority. There is no Constitutional requirement to
periodically approve it from the Parliament.
o Consequences of Financial emergency: The center can direct the state to observe canons of financial
proprietary. The President can issue any direction to reserve money bills passed by the state legislature.
The President can direct the reduction of salaries of all classes of the persons including that of Supreme
Court and High court judges.

Zonal Councils: In the words of Mr. Nehru, Zonal councils promote the habit of Cooperative working.
The states reorganization Act, 1956, created 5 zonal councils namely, Northern, Eastern, Western, Southern
and Central Zonal Councils.
The North Eastern Council Act, 1971 establishes a separate North-Eastern Council for the states in the North-
Eastern part of the Country. The Chairman of the Zonal Council is Home Minister and the Chief ministers are
vice-chairman by rotation for one year.
Objectives of setting up of Zonal Councils: To promote national unity by restricting state consciousness,
regionalism, lingusim, etc. Enabling the center and state to cooperate in exchanging ideas, and experiences.
Zonal Council will promote Cooperative federalism. It is an advisory body where in cooperative
federalism between center and state and among the states can take place.
Inter-state Council: The inter-state council is constituted under Article 263 of the Constitution.
Composition: It is constituted by the President. The chief minister of all the states, Chief minister of all the
UTs with Legislatures. Administrators of UTs without legislature. Governor of the state under the President's
rule. Size central cabinet ministers including the home minister to be nominated by the Prime Minister. The
PM is the chairman of the council. It is an excellent avenue for cooperative federalism. The Council may
investigate and discuss issues of common interest. Interstate Council also provides for making
recommendations on public policy, issues that promote better coordination, etc.
Major challenges: The meetings are not frequently held. The ISC has functions to deliberate upon and discuss
but of no binding value. Rather than general deliberations, the inter-state council can be assigned certain
precise functions.
Inter-state water dispute: Article 262, The Parliament is empowered to enact legislation with respect to
the adjudication of any dispute related to the use, distribution, or control of any inter-state river. The
Parliament can exclude the jurisdiction of any court including that of the Supreme Court. The Parliament in
pursuance of Article 262 of the Constitution enacted the interstate water disputes Act, 1956. The Act
empowers the union government to constitute ad hoc tribunals in event of any such dispute. The award
delivered by the tribunal shall be final and binding. The government is contemplating providing for a
permanent tribunal instead of ad hoc ones by introducing an amendment to the inter-state water dispute
Act, 1956.
Issues pertaining to federalism and challenges therein:

All India Services: The AIS has been in news with respect to changes in service rules, disciplinary action,
deputation, release, etc. as a difference between center and state. The GST compensation to the states in event
of a revenue shortfall due to the 101st Constitutional Amendment Act. The office of the governor is expected
to be impartial but any misuse or biasedness would create conflict between the center and states. Unequal
representation of states in Rajya Sabha.
Elections: Elections are the most vital element in any democratic polity. The major components of elections
in a democracy are: Free and fair, Periodic and Based on Universal Adult suffrage or Franchise.
Article 324: Establishment of the Election Commission of India which is a constitutional body.
Superintendence, direction, and control of elections of Lok Sabha, Rajya Sabha, State Legislative Assembly
and Council, President, Vice President, etc.
Article 325: No Person is to be ineligible for inclusion in or to claim to be included in a special, electoral roll
on grounds of religion, race caste or sex.

Article 326: Universal Adult Suffrage (Indian Citizens above 18 years of age). The right to vote is a
constitutional right. Disqualification is subject to the law by the appropriate legislature on grounds of non-
residence, unsoundness of mind, crime, or corrupt or illegal practice.
Article 327: Power of Parliament to make laws with respect to Parliamentary and State Legislature
(Elections, Electoral Rolls, Delimitation, and all other matters) (Parliament enacted RPA 1950 and RPA
1951).
Article 328: The State Legislature is also empowered to make laws. In so far as a provision in that behalf is
not made by Parliament.
Article 329: The validity of any law relating to Delimitation made under Article 327 or Article 328 shall not
be called into question in any court. No Election shall be called in question except by an election petition to
such authority and in such manner provided by or under the law by the appropriate legislature. Discussion
of related provisions and articles from handouts and the Constitution.
Election process:
The Election Commission of India announces the dates for the entire election through a press conference 
Model Code of Conduct begins  Before every phase election notification is issued by the Governor for the
elections to the state legislature and by the President for the elections to the houses of Parliament  Date of
nomination before the returning officer  Scrutinisation of nomination papers by the returning officer
List of accepted and rejected nominations Date of withdrawal of candidature The final list of contesting
candidates Electoral silence- 48 hours before the polling ends Date of polling and date of declaration of
result. Model Code of Conduct ends with the declaration of results in the entire state.
Offices while conducting elections:

Key officers in the election:
Returning officer: The Election Commission, in consultation with the Government of the State,
designates/nominates an officer of the State. “No voter to be left behind” Government concerned, as
Returning Officer for a constituency for election to State Legislature or Parliament.
Chief electoral officer: Chief Electoral Officer is an officer of the State Government, who supervises
the work relating to the preparation of the electoral roll and conduct of all elections to Parliament
and the Legislature of the State, subject to the overall superintendence, direction, and control of
the Election Commission.
District election officer: The Election Commission designates the head of district administration,
variously known as Collector, Deputy Commissioner, or District Magistrate, as the District Election
Officer of the district concerned. Subject to the superintendence, direction, and control of the Chief
Electoral Officer, District Election Officer shall coordinate and supervise all work in the district or
in the area within his jurisdiction in connection with the preparation and revision of the electoral
rolls, and conduct of elections to all Parliamentary, Assembly and Council Constituencies within the
district. District Election Officer is responsible for providing polling stations and the publication of
the list of polling stations and for providing polling staff at elections.
Electoral Registration Officer: For the purpose of preparation and revision of electoral rolls of a
constituency, the Election Commission, in consultation with the Government of the State,
designates/nominates an officer of the State Government concerned, as Electoral Registration Officer.
The Electoral Registration Officer is the statutory authority to prepare the electoral roll of the Constituency
under his charge.

Model Code of Conduct: No statutory backing. In Union of India Vs Harbans Singh Jalal and Others, the
Supreme Court Validated Model Code of Conduct. S. Subramaniam Balaji v/s Government of Tamil Nadu &
Others wherein the court observed that Model Code becomes enforceable from the date of announcement of
the election program. It remains in force till the completion of the election process. In February 2014, an
additional Part VIII was added to Model Code to regulate the issue of election manifestos by political parties
pursuant to the judgment dated 5th July 2013 of the Supreme Court in S. Subramaniam Balaji v/s the
Government of Tamil Nadu & Others. Prepared after consultation of Political Parties. Model Code of Conduct
for the guidance of political parties and candidates is a small but unique document.
Parts of MCC: Part I of the Model Code lays stress on certain minimum standards of good behaviour and
conduct of political parties, candidates, and their workers and supporters during the election campaigns.
Parts II and III deal with the holding of public meetings and taking out processions by political parties and
candidates. Parts IV and V describe how political parties and candidates should conduct themselves on the
polling day and at the polling booths. Part VI exhorts political parties and candidates to bring their
complaints to the notice of the observers appointed by the Election Commission for remedial action. Part VII
deals with the parties in power. This part is, in essence, the flesh and blood of the Model Code, which deals
with several issues relating to the Government and its Ministers, such as visits of Ministers, use of Government
transport and Government accommodation, and announcements of various schemes and projects, etc. The
newly added Part VIII says that election manifestoes shall not contain anything repugnant to the ideals and
principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of
other provisions of the Model Code. It is there to provide a level playing field to all Political parties and negate
any special advantage to the ruling party. MCC was prepared by ECI after deliberation with political parties
and using its powers under Article 324 for free and fair Elections, etc. A brief discussion on the Malpractices
that are mentioned in Model Code and are listed as ‘corrupt practices’ and ‘electoral offenses’ in the Indian
Penal Code and the Representation of the People Act, 1951.
Political parties: A recognized political party shall either be a National Party or a State party. Conditions
for recognition as a State Party – A Political party shall be eligible for recognition as a State party in a State,
if, and only if, any of the following conditions is fulfilled - At the last general election to the Legislative
Assembly of the State, the candidates set up by the party have secured not less than six percent of the total
valid votes polled in the State; and, in addition, the party has returned at least two members to the Legislative
Assembly of that State at such general election; or At the last general election to the House of the People from
that State, the candidates set up by the party have secured not less than six percent of the total valid votes
polled in the State; and, in addition, the party has returned at least one member to the House of the People
from that State at such general election; or At the last general election to the Legislative Assembly of the
State, the party has won at least three percent of the total number of seats in the Legislative Assembly, (any
fraction exceeding half being counted as one), or at least three seats in the Assembly, whichever is more; or
At the last general election to the House of the People from the State, the party has returned at least one
member to the House of the People for every 25 members or any fraction thereof allotted to that State or At
the last general election to the House of the People from the State, or at the last general election to the
Legislative Assembly of the State, the candidates set up by the Party have secured not less than eight percent
of the total valid votes polled in the State.
RPA, 1951(during elections and post elections

RPA, 1950 (pre-elections directions)
disqualifications)
Qualification of the voter Office of the returning office
Service voters, etc. Disqualification of Member of Parliament
Allocation of seats in Lok Sabha and state
Additional grounds for Qualification and disqualification
legislative Assembly
Chief Electoral officer Chief Electoral officer

Preparation of electoral rolls Election-related offenses, disputes
Criminalization of politics: Main reasons for criminalization – Vote Bank Politics (Caste, Religion factor),
Corruption and money power, Acceptance among the masses and Lack of idealism.
The Apex Court in 2002 (ADR Case) – ruled that the Nomination papers shall include criminal antecedents,
educational qualifications, and financial information on assets, liabilities, etc., Apex Court in People’s Union
for Civil Liberties Case provided for NOTA button in EVM. This has led to the venting of citizens’ anger and
their exhibition of dissent in case of all the candidates are not acceptable to them.
Lily Thomas v. Union of India, 2013 – struck down Section 8(4) of RPA, 1951, which allowed the convicted
politicians to escape disqualification by acceptance of an appeal in a Higher Court. This has led to a situation
where politicians are immediately disqualified on conviction.
Electoral Offences:
 Section 125, RPA 1951: Promoting enmity between classes in connection with the election.
 Section 125 A, RPA 1951: Penalty for the false affidavit.
Electoral Bonds: The concept of electoral bonds was introduced through the Finance Act of 2017. The
National Commission to review the working of the Constitution also highlighted the High Cost of Elections as
the reason for corruption. RBI designated SBI as the bank to sell bonds. It must be exchanged (submitted)
within 15 days i.e. they are valid for 15 days from the date of issuance. Must be bought after complying with
KYC Norms. The amended Section 182 of the Companies Act 2013 removes the requirement by companies to
declare contributions made to political parties through Electoral Bonds. Previously, the companies can
maximum contribute up to 7.5% of average last three years' average profit – this provision has been done
away with. No such restriction now. Conditions for Electoral Bonds: Only parties registered under the RPA
1951, which secured not less than one percent of the votes polled in the last General Election to the House of
the People or the Legislative Assembly of the State.
Positives – KYC Norms would need the channelizing of black money. In addition to Electoral Bonds.
Provisions like not taking more than 2,000 cash will end the use of Black Money. Money being channeled to
Political Parties is documented and accounted for in banks which may be retrieved by enforcement agencies
Challenges – Anonymity. Only SBI designated giving the upper hand to the ruling party to gain information.
Removal of 7.5 Percent Cap. Now, even Foreign Companies having majority stake companies can contribute.
State Funding of elections: State Funding of elections has been a long pending issue and it is extremely
important for free and fair elections. Corporate Funding brings with itself certain negatives such as – Heavily
in favour of National Parties and parties that are ruling. The corporates expect policy favour. This will lead
to better accountability as the secrecy will pave way for transparency.
The Indrajeet gupta committee on state funding of elections made certain recommendations: state funding
should be in form of kind, only to recognised political parties and complete account should be with the
election commission of India.
Challenges - Limited fiscal capacity of the State. If given to Recognised Parties, the Registered Parties would
cry foul of violative of Principle of Equality.
Simultaneous holding of elections: The issue got into the limelight after our Honourable Prime Minister
urged into this regard.

Positives – Saves time, saves energy, MCC is enforced for a very limited time, Populist measures and
compulsions shall be avoided, Nation will save a huge amount of money and Stability will lead to better
decision-making and analysis of future government actions (certainty).
Challenges –The constitution needs to be amended to ensure that there is a Confidence Motion along with
every No-Confidence Motion. States may not agree to such proposals. Some experts argue that it will give the
edge to National Party. National Parties with huge resources at their bay would be at a higher pedestal to
meet the exigencies of simultaneous elections. Some experts also believe that the National Parties will also
reap electoral dividends compared to state parties (people may give the vote to the same party in Centre,
State).
NOTA: Apex Court in People’s Union in Civil Liberties Case, 2013 – ruled that Rule 49(O) of Conduct of election
Rules, 1961 is ultra vires with the Article 19 of the Constitution. (Also, arbitrary classification is violative of
Article 14).
Apex Court directed that –Provision of NOTA shall be introduced in ECI. Right to vote implies RT Reject, RT is
neutral due to his choice, belief. Right to reject has its ramification for Freedom of Speech and Expression.
(Although technically the candidate is not rejected.). Right to Secrecy is an integral part of free and fair
elections. The arbitrary distinction between a person who voted and one who chose not to vote on basis of
secrecy is violative of Article 14.
Positives – Voter participation would be high due to the option of NOTA. Voter’s frustration is exhibited
through NOTA. Political Parties may realize this over a period of time and it may compel them to bring in
better candidates. Dissent if the safety value of Democracy and NOTA is a form of dissent.
Negatives – Merely a cosmetic provision will not lead to the defeat of the candidate. NOTA should also be
clubbed with the Right to Recall.
Opinion poll and Exit poll:

 Exit poll: Explicitly provided in Section 126(a) of the RPA, 1951 restricts the dissemination of voters’
choices taken after they have voted.
 Opinion poll: They are as such not banned explicitly through RPA, 1951, but the provisions of Section
126 in RPA, 1951 (not explicitly given).
Proxy voting and NRI voting: NRI – Non-Residential Indians – living outside India. NRI – register and has
to come and vote physically. India doesn’t support e-voting as of now. The Postal Voting facility is available
to government servants posted outside, Army Personnel (wife of army personnel is allowed), and other classes
defined by ECI in consultation with the Government. (Section 60 of RPA 1951). The overseas staying NRIs can
register through Form 6A. The ECI, in December 2020 has for the first time expressed that it is technically
and administratively ready to implement an electronically transmitted postal ballot system. This will be done
through ETPBS, it is yet to finalized, how the votes will be transmitted to the RO. As per RPA, 1950, an NRI
can vote at his place of residence, as mentioned in his/her passport by being physically present at the polling
booth on the polling day, so as of now, proxy voting and E-voting is not extended to NRIs, this will increase
the voter participation and also concretise democracy. The present system is that the RPA allows certain
categories of voters, to cast their vote as per Section 60 of RPA, 1951 and rules made therein.
EVM: The EVM was mooted by the Election Commission of India in 1977 and 1st-time machine was used in
North Paravoor Constituency in Kerala the RPA-1951 was amended to provide for voting through machines
– Section 61A of RPA,1951 provides for Voting Machines at Elections. J. Jayalalithaa and Ors vs. Election
Commission of India Positives (Supreme Court Validated EVM’S). Time saved, Energy saved, Environment –
paper-reduction and Better accuracy, fewer chances of interference. The time gap between 2 voters
eliminates the chances of booth capturing (90 secs).

VVPAT: The VVPAT is a machine attached to the EVMs that reflects the vote given in form of 3 information,
Name of the candidate, Party symbol and Serial. This paper is then automatically dropped in a box which can
be verified later in case of an anomaly between EVM and VVPAT votes The Apex Court before the 17th Lok
Sabha Elections directed that VVPAT shall be matched with EVM for 5 polling booths in every Assembly
Constituency before the declaration of results by the RO. VVPAT is an electoral reform that is to promote more
transparency and accountability and it is also one of the reforms that promote the credibility of EVMs by the
match between VVPAT slips and EVMs.
Electoral Issues: Simultaneous conduct of elections, Exit Polls, Proxy voting, Electoral Offences and Inner
Party Democracy.
Panchayati Raj: The diversity of India and its unique village-based structure make it imperative for village-
centric administration. Democratic decentralisation is devolving the power of decision-making to the local
level through the participation of the local population. The decision-making should be decentralised.
Benefits of democratic decentralisation: To develop a democratic habit and concretise democracy at the
grassroots level. The local institutions are better equipped and sensitive to understand the issues at the
grassroots level and take decisions. It will also promote inclusiveness in society, cater to the aspirations of
the weaker sections and increase the participation of youth. During the ancient era, the villages played an
important role in the administration. Sabha, Samiti and Vidhata were local governing institutions or
decision-making bodies. The Gupta period also had Grampati as a village headman and Vishpati as the senior
official. During the medieval period, there were Muqaddams, Patwaris etc. Villages lost their autonomy
during the British period. The process however got better with Lord Mayo's resolution of 1870 which gave
impetus to urban local self-government. It was Lord Ripon who in 1882 Institutionalised the process of
decentralising the decision-making at the village level and brought new life to democratic decentralisation.
Montague- Chelmsford reforms of 1919 gave the subject of local government to the domain of provinces.
Article 40 directs the states to establish the village panchayats and endow them with such powers and
functions to enable them to function as units of self-government (Gandhian Principle).
Efforts that were taken by the government to promote the PRIs and other issues related to democratic
decentralisation: Balwant Rai Mehta Committee (1957), Ashok Mehta Committee (1977), G.V.K. Rao
Committee (1985) and L.M. Singhvi Committee (1986). Try to cover the important recommendations of these
committees on your own through the material.
Issues with the implementation of article 40: There was no uniform structure of PRIs. Some states had
two-tier and some had three-tier structures. There were no periodic elections. There was no constitutional
framework provided for minimum standards, powers, functions etc. The provision of reservation was not
binding but optional.
73rd Constitutional Amendment Act, 1992:

Definitions: “district” means a district in a State. “Gram Sabha” means a body consisting of persons
registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village
level. The Gram Sabha may exercise such power and functions decide by state legislature (Article 243A).
“intermediate level” means a level between the village and district levels specified by the Governor of a State
by public notification to be the intermediate level for the purposes of this Part. “Panchayat” means an
institution (by whatever name called) of self-government constituted under article 243B, for the rural areas.
“Panchayat area” means the territorial area of a Panchayat. “Population” means the population as
ascertained at the last preceding census of which the relevant figures have been published. “village” means a
village specified by the Governor by public notification to be a village for the purposes of this Part and includes
a group of villages so specified.
Compulsory Provisions: Establishment of Panchayat at Village, Intermediate and District levels (States not
exceeding 20 lakhs population can skip or avoid the intermediate level panchayat. The members at all three

levels are to be directly elected. The chairman at the intermediate and district levels shall be elected from
amongst the members themselves. The minimum age shall be 21 years to contest the elections for Panchayat.
No less than one-third of seats at all the three levels (both members and chairperson) are to be reserved for
women. Reservation of seats for SCs and STs at all three levels (both members and chairpersons) as per their
population. Establishment of the State Election Commission. Establishment of the State Finance Commission
after every five years. The tenure is fixed for 5 years from the date of its first meeting.
Voluntary Provisions: Endowing the gram Sabha with the powers and functions. Reservation for OBCs or
any other reservation. Determining the manner of the election of the chairperson at the village level.
Giving representation to the chairperson of the Village Panchayat and intermediate level Panchayat at the
district level. Granting the power to levy, collect and appropriate taxes, duties, tolls and fees. Providing for
grants in aid to the panchayats. Devolution of powers and responsibilities to prepare plans for economic
development and social justice and functions with respect to the matters listed under the 11th Schedule.
Some Key terms:

State Finance Commission: Under Article 243I, the Governor shall constitute at the expiration of every fifth
year, a State Finance Commission. The legislature of the State by law will provide for the composition and
qualification.
The major principles determining their functions: The distribution of the net proceeds of duties, taxes
and tolls between State and Panchayats. Determination of duties, taxes and tolls which may be assigned to
or appropriated by them. Grant in aid from the consolidated fund of the state. Any other matter referred by
the Governor. Recommendations shall be placed before the legislature of the state along with the
memorandum of action taken.
Issues and challenges with PRIs: Lack of power devolution. The PRIs exercise power with respect to funds,
functions, and functionaries in the manner as determined by the state legislatures. The states are reluctant
to devolve more powers to PRIs.
Lack of fiscal autonomy: The PRIs lack fiscal autonomy due to the states not conferring powers to levy taxes
and state finance commissions are not constituted on time and in many instances, they are not implementing
recommendations.
Excessive bureaucratic control:

Poor infrastructure: Gram Sabhas exercise their powers and functions in the manner determined by the
state legislature. Many of the acts passed by the states do not clearly demarcate the powers, functions, etc of
Gram Sabhas.
Panchayat Extension to Scheduled Areas Act, 1996(PESA):

Major provisions: The provisions of Part IX of the Constitution were not applicable to scheduled areas.
They can be extended to these areas by the Parliament. The Parliament enacted PESA to extend the same.
The laws passed by the state legislatures on Panchayats in the scheduled areas shall be in harmony with their
customary law, and social and religious practices. The Gram Sabha shall be empowered to identify
beneficiaries, etc. The Gram Sabha shall certify the utilisation of funds for the plans, programs, and projects.
The Gram Sabha shall be consulted before making the acquisition of land. The prior recommendation of Gram
Sabha or the Panchayats at the appropriate level shall be mandatorily for grant of concession for the
exploitation of minor minerals or mining leases of minor minerals. The state legislature should ensure that
the powers of Gram Sabha are not assumed by the Panchayats at a higher level. The Act further mandates
that the state legislature shall try to follow the pattern of the 6th schedule while determining the
administrative arrangements at the district level.
Urban local bodies:

The term municipality may include: Municipal corporation – Bigger cities, Municipal Council – Smaller
cities and Nagar Panchayat Transition area from Rural area to Urban area. The 74th Constitutional
Amendment provided for Part IXA of the Constitution.
Article 243P to 243ZG: The term municipality is used in a generic sense comprising of the following:
Municipal corporation, Municipal Council and Nagar Panchayat. The following factors shall be taken into
consideration to determine: Population of area. The density of the population. Revenue generation capacity
Percentage of the population employed in non-agricultural activities. Other factors as the Governor deems
fit.
Composition: The members of the municipality are directly elected by the people of that municipal area.
Each municipal area shall be divided into territorial constituencies known as wards and the ward
Commissioner or councilor is directly elected. The Chairperson of the municipality is elected in the manner
determined by the state legislature. People with special knowledge in municipal administration can be
appointed to a municipality. The municipality also shall have the representation of elected representatives in
the manner determined by the state legislature. They don’t have right to vote.
Ward committees: These are constituted comprising of one or more wards. The Composition, and manner
in which seats are to be filled shall be decided by the state legislature. A member of a Municipality
representing a ward within the territorial area of the wards committee shall be a member of that committee.
Reservation of seats: SC/ST as per their population. No less than one-third for women. For backward classes
to be determined by the state legislature. Duration five years from the date of its first meeting.
District Planning Committee: Article 243ZD mentions DPC to consolidate the plans prepared by
Panchayats and Municipalities. The state legislature may make provisions with respect to the composition of
such committee, manner of election of the members, and manner of election of the Chairperson. The functions
of such committees. The representation of these members should be in proportion to the ratio between the
rural and urban populations in the district. The DPC will prepare a draft development plan for the district
as a whole and consolidate the plans prepared by Panchayats and municipalities.
Metropolitan Planning Committee: The metropolitan area shall have a metropolitan planning committee
to prepare a plan. The state legislature may make further provisions with respect to composition, manner of
elections, etc. The members shall be in proportion to the population of Panchayats and municipalities in that
metropolitan area.
Cantonment board: It is the statutory body constituted under the Cantonment Act of 2006. This is for
municipal administration of the civilian population in the cantonment area. The cantonment Act of 2006
provides for a term of 5 years with partially elected and partially nominated members. The military officer
commanding the station is ex officio president of the cantonment board. The CEO is a civil servant from the
Indian defense estate services.
Notified Area Committee: This is constituted for a fast-developing town or similar areas. It is established by
the Gazette notification and is an entirely nominated body. Only those provisions of the state municipal act
which are mentioned in the Gazette notification are applicable to Notified Area Committee. It is not a
statutory body.
Town area committee: It is constituted by an act and is a partially nominated and elected body. The TAC is
generally interested in civic functions like drainage, roads, street lighting, etc.
Positives of direct election of Mayor: There will be more stability and the frequent issue of no-confidence
motions will end. Direct Accountability towards the voters. Quick decision making. Erosion of the
accountability towards ward councilors in particular and municipal corporations in general.

The presidential order under articles 341, 342, and 342A respectively empower the president to issue a
presidential order determining the SC list, ST list, and Central OBCs list. The 105th Constitutional Amendment
amended Article 342A to empower the states to determine their own OBCs. There can be a separate central
and state OBC list but there is no such list for the Schedule caste/ST.
State legislature: Every state has a state legislature but 6 states have a state legislative Council. The states
having bicameralism are UP Bihar, Maharashtra, Andhra Pradesh, Telangana, and Karnataka. The State
Legislative Council is created by the Parliament or abolished by the Parliament at the request of the states.
The state Legislative Assembly passes a resolution by a majority of the total membership and supported by
not less than two-thirds of the members present and voting. The state Legislative Council by the Parliament
by simple majority. The state legislative council shall be created by the Parliament by a simple majority.
The composition of the state legislative council: One-third are elected by the local bodies in the states like
PRIs and Municipalities. One-third are elected by the members of the state legislative assembly. One-twelfth
of graduates three years standing and residing within the state. One-twelfth by the teachers of three years
standing and teaching in not lower than secondary school. And remaining one-sixth are nominated by the
governor from the field of literature, science, art, social service, cooperative movement etc. The members of
the state legislative council can maximum be one-third of the total strength of the assembly and the minimum
strength is 40.
The benefits of bicameralism: The wider representation of various sections of the society in the state
Legislative Council. Wider choice in Council of Ministers. It prevents hasty legislation. It will improve the
quality of law-making through wider participation. Comparing state legislative Council with Rajya Sabha.
Rajya Sabha has special powers with respect to the creation of All India Services and empowering the
Parliament to legislate on the state list. Thus, Rajya Sabha is seen as a balancing Chamber in a Federal setup.
Rajya Sabha has equal power with respect to amendments to the Constitution. While ratifying a
Constitutional Amendment as and when required. The State Legislative Council's view shall not be prevailing
over the state Legislative Assembly. There is a provision for joint sitting under Article 108 of the Constitution
but there is no provision for joint sitting at the State level.
The law-making process at the state legislature: A Bill that is introduced in State Legislative
Assembly and passed by the state Legislative Assembly will be transmitted to the state Legislative Council.
The Legislative council if rejects the bill or suggests amendments that are not acceptable to the state
Legislative Assembly or don't take any action for three months. Then the state Legislative Assembly will again
pass the bill. The Legislative Assembly passes the bill for the second time and if the Legislative Council rejects
the bill or suggests amendments which is not acceptable to SLA or do not take action for one month. Then the
bill will be deemed to have been passed by the Legislative Council in the manner in which it was transmitted
by the State Legislative Assembly and would be sent to the governor for his/her assent. The Constitution of
India prescribed the strength of the Legislative Assembly be a minimum of 60 maximum of 500.
Office of the Governor: The Constitution of India provides for Parliamentary both at Union and state level.
The governor like the President is the nominal executive head. The state executive shall comprise of -
Governor, Council of Ministers including chief Minister and Advocate general. The Governor can be appointed
for more than one state. The Office of Governor is not an elected one but appointed by the President. This
provision has been borrowed from the Canadian Constitution. The constituent Assembly decided against
opting for the election of the Governor because of the following reasons – The direct election of
the Governor is incompatible and may create conflict between the Governor and the Chief Minister. The
Governor is a Nominal Head and there is no need to spend resources on a post that is nominal in nature. An
elected Governor is likely to be from the ruling party. So, an impartial person will not get elected. Therefore,
it is necessary to have an impartial person appointed by the center.

Governor's relation with Council of Ministers: The Constitution in Article 163 provides for a Council of
Ministers headed by the Chief Minister to aid and advise the Governor except in so far, the Governor acts in
discretion. The Governor's discretion is final in the sense that whether a matter falls in his discretion or not
shall be decided by the Governor and his decision is final. The discretion of the Governor is explicitly provided
while for the President it is implied and situational. Still, in a Parliamentary Democracy, the nominated
Governor shall or is expected to exercise his powers only with the aid and advice of the CoM. Constitutional
morality calls for respecting the mandate and generally acting on aid and advice. The discretion has to be
exercised sparingly.
Recent differences between the CoM and Governors: The Governor is expected to exercise his powers
through CoM and not interfere with the functioning of the elected government unless the state is deliberately
subverting the Constitution. The governor should not dismiss the government without giving an opportunity
for the floor test. The Punchhi Commission on center state relations recommended that the Governors should
not interfere with the functioning of the state Government unnecessarily. Even the Sarkaria
Commission recommended that article 356 which is President's rule should be used sparingly. Punchhi
Commission further recommended that the Governor should be a person from outside the state, eminent in
some walk of life, and detached from local politics. The Punchhi Commission recommended that the Governor
should be given a fixed tenure of 5 years. The procedure laid down for the impeachment of the President can
be made applicable to Governors as well. The Governor should take a decision on a bill within 6 months. The
commission further recommended that Governors acting as chancellors should be done away with and their
role should be confined to Constitutional provisions. The Sarkaria Commission also recommended that the
Governors' term of 5 years cannot be disturbed except for compelling reasons. The constant differences
between CoM and Governors is reflective of - Breach of federal spirit, Non-adherence to Constitutional
morality and Political figures being appointed should be replaced with impartial persons. The growing
difference does not augur well for the welfare of the state.
Union Territory: The power of Parliament to create a new state also includes the power to create a Union
territory. The UT of NCT of Delhi, Puducherry, and Jammu and Kashmir have Legislative Assemblies while
others do not have Legislative Assemblies.
Article 239: The UT shall be administered by the President through an administrator to be appointed by him
with such designation as he may specify. The Governor of a state can be appointed as an administrator of an
adjoining UT where he will act independently of his state council of Ministers.
Article 239A: Parliament may by law establish Legislative Assembly for the UT of Puducherry whether
partially elected or partially nominated. The Parliament enacted the UT Act, 1963 to provide for the
Legislative Assembly of Puducherry. There are 30 elected members and three nominated members.
The Legislative Assembly of Puducherry shall make laws on any of the subjects on the state list and
concurrent list. The Parliamentary law shall prevail over the UT law on all three lists. The Council of
Ministers shall be collectively responsible to the Legislative Assembly of the UT.
Article- 239AA: The UT of Delhi shall be called as National Capital Territory of Delhi. The NCT of Delhi shall
be administered by an administrator appointed under Article 239 designated as Lt. Governor. The NCT of
Delhi shall have a Legislative Assembly where members shall be elected by direct election. The CoM and the
CM shall maximum be 10% of the size of the Delhi Legislative Assembly(LA). They are appointed by the
President. The LA of Delhi shall make laws on the subject in the State list and Concurrent list except for Land,
Police, and Public order. The Lt. Governor shall act on the aid and advice of the CoM. In case of a difference of
opinion between LG and CoM, the LG shall refer it to the President and act according to the decision given by
the President. If the matter is urgent, LG can give the necessary direction pending the Presidential decision.
Government of NCT of Delhi versus UOI: On 4th July 2018, the SC of India in its landmark verdict gave
interpretation to Article 239AA. The Apex court ruled that the difference of opinion between LG and CoM
shall be rarely or sparingly used. The term any matter in Article 239AA does not mean every matter.
Constitutional objectivity is to be employed and it should not become mundane. A Government commanding

majority in the legislature should be respected. The spirit of Constitutional morality and federalism should
be respected. Both the Union and UT government must operate within their allotted sphere and must adhere
to legitimate Constitutional trust. Thus, the SC in a way tried to bring harmony and uphold Constitutional
morality.
Amendments to Government of NCT of Delhi Act, 1991: The term government in any law passed by the LA
of Delhi shall mean LG. The LA of Delhi shall make rules and they should be consistent with the rules of
procedure and conduct of the business of the House of people. The amendment Act prohibits the LA of Delhi
from enabling itself or its committees to conduct an inquiry in relation to the administrative decisions and
consider the matters of the day-to-day administration of NCT of Delhi. The Amendment adds that on certain
matters as specified by the LG, his opinion must be obtained before any executive action on the decision of
CoM.
Article 239AB: As per Article 239AB, the President on the report of LG or otherwise, takeover or suspend the
operation of any provision of Article 239 AA on any law made in pursuance of that Article.
The UT is not being carried as per the provisions of Article 239AA or any law made in that regard is the
condition provided for such imposition.
Article 240: The President may make regulations for peace, progress, and good governance of the UT of
Andaman and Nicobar, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Puducherry. Any
regulation so made may repeal or amend any act of Parliament and when promulgated shall have the same
force and effect as an act of the Parliament. In the case of Puducherry, such regulation can only be
promulgated when the LA is dissolved or remain suspended. Under Article 241, the Parliament may by law
constitute a high court for a UT or declare any HC to be having jurisdiction of a UT.
Jammu and Kashmir: Article 1 and Article 370 shall be applicable to J and K. Article 238 shall not apply
to - The President may by order specify the Parliament to make laws for the state with respect to those
matters mentioned in the Instrument of accession in consultation with the JK government and on other
matters in concurrence with the JK government. The Provisions of the Constitution shall apply with such
exception and modification as the President may by order specify. No such order shall be issued except in
consultation with the JK government on matters specified in the instrument of accession and for other
matters, there will be a concurrence. The Presidential order of 2019 superseded all previous Presidential
orders. The Parliament acting on behalf of the LA of Jammu and Kashmir as the state was under the
President's rule gave an opinion over the JK reorganization Bill. Parliament exercising powers under Article
3 enacted the JK reorganization Act.
Main features of the JK reorganisation Act: The act came into force on 31st October 2019. It bifurcated
the state of JK into the UT of JK and Ladakh. The UT of JK shall have LA. The JK UT shall also have the Chief
Minister and Council of Ministers appointed by the LG. The LA can make laws on subjects in state and
concurrent list except for public order and police. The Anti-corruption bureau shall be with the LG. The
Legislative Council of JK was abolished. As per Delimitation Act, 2002, and JK reorganization Act, 2019, the
Delimitation Commission was established.
Positives: It will lead to better integration. It will facilitate good governance. It will lead to better
investment and employment opportunities. It will bring an end to endless violence It will also do away with
discriminatory provisions.
5th Schedule: The 5th Schedule provides for Scheduled Areas to be declared by the President. At present,
there are scheduled areas in 10 states. The boundaries can be altered by the President in consultation with
the state Governor. The executive power of the state extends to the Scheduled Areas. The Governor has a
special responsibility to take care of the Scheduled Area and annually or whenever so required by the
President make a report to the President about the administration of the Scheduled Areas. The Union can
give directions to the state with respect to the administration of Scheduled Area. In each state having

a scheduled Area, there shall be a Tribal Advisory Council consisting of 20 members three-fourths of whom
shall be members of LA who are scheduled tribes. A state not having a scheduled Area may also have a Tribal
Advisory Council. It shall be the duty of TAC to advise on such matters pertaining to the welfare and
advancement of the Scheduled tribe to the Governor. The Governor shall make rules with respect to the mode
of appointment, the conduct of meetings, incidental matters, the appointment of the Chairman, etc. Governor
may make regulations for peace and good governance in the scheduled areas with respect to prohibiting and
restricting the transfer of land and regulating the business of money lending. The Governor is empowered to
direct any particular act of the Parliament or state legislature that does not apply to the scheduled area or
apply with such modifications and exceptions. All such regulations have to be assented to by the President
and shall be made after consulting Tribal Advisory Council.
6th Schedule: The Constitution under the 6th Schedule contains special provisions for the administration
of Assam, Meghalaya, Tripura, and Mizoram. The ADC areas come under the jurisdiction of the state in terms
of exercising executive authority. The governor is delegated with the powers to organize/reorganize/
increase/decrease the boundaries of ADCs. The autonomous districts inhabited by the different tribes can be
further classified into autonomous regions. Each autonomous district shall have an Autonomous District
Council comprising of 30 members (46 in the case of Bodoland Territorial Council). The Governor can
maximum nominate up to 4 members. The Council shall have a common seal. The Governor shall make rules
with respect to delimitations, qualification of voters, and any other incidental matter. The Council shall have
a tenure of 5 years from its first meeting. The Councils administered the area under their jurisdiction shall
have the power to make laws with respect to - Management of any forest, Regulating Jhum or shifting
cultivation, Appointment or succession of chief or headmen, Inheritance of property, Marriage and divorce
and Management of forest. The laws made require the assent of the government. They can make regulations
regulating money lending. They are also empowered to impose certain specified taxes. The Councils can
establish, construct and manage primary schools, etc. The laws passed by the Parliament or the state
Legislature do not apply to ADCs or regional councils or apply with such modifications, determined by the
Governor. In the case of Assam, both Parliamentary and state laws are determined by the Governor. In the
case of Meghalaya, Tripura, and Mizoram, the Governor only has powers over laws passed by the state
legislature. While the President decides over the Parliamentary law.
Officer for special linguistic minorities: It is a constitutional office headquartered in New Delhi. There are
3 regional offices - Kolkata, Chennai, and Belgaum(Karnataka). The report is submitted to the president
through the ministry of minority affairs. Special Officer for Linguistic Minorities was incorporated through
the 7th constitutional amendment in article 350B of the constitution. The report is submitted to the president
through the ministry of minority affairs. The Special Officer for Linguistic Minorities looks into the safeguards
provided to linguistic minorities, and investigates matters related to linguistic minorities and their
implementation. It also promotes and preserves linguistic minority groups. Article 350A of the constitution
is one of the directions to the states outside DPSP, it provides for an adequate facility for instruction in the
mother tongue up to the primary level to children of minority groups.
Finance commission: The finance commission is the balancing wheel of fiscal federalism, as envisaged under
article 280 of the constitution. The constitution provides for a chairman and 4 members but qualification is
determined by the parliament.
The major functions of the finance commission are - Distribution of net proceeds of taxes to be shared
between centers and states. The principles that should govern grant-in-aid. The measure to be taken to
augment the consolidated fund of the state for better devolution of funds to PRIs and ULBs. Any other matter
that is referred by the president.
The FC must also define the principles on which it arrived at the conclusion. The recommendation of the
Finance Commission is advisory in nature but generally, they are never rejected.

Union Public Service Commission / State Public Service Commission: These are constitutional bodies.
Membership (UPSC) - The composition is determined by the President and not specified in the Constitution.
(Normally 9 to 11 members including that of Chairman). Membership (SPSC): - The composition is
determined by the Governor and not specified in the Constitution. Qualification (UPSC & SPSC Members):-
Not specified with the only condition that one half of the members should have held office for at least ten
years either under the Government of India or under the Government of the state. Tenure- 6 years in office or
65 years of age whichever is earlier for UPSC & 6 Years in office or 62 years of age whichever is earlier for
SPSC.
Removal (Same for both UPSC & SPSC): Can be Removed by President in the following cases - If adjudged
insolvent. If engaged in paid employment outside the office. If in the opinion of the President unfit to continue
by reason of infirmity of mind or body. For other matters such as misbehaviour, the inquiry is conducted by
Supreme Court and binding advice is rendered to the President leading to removal. UPSC conducts exams for
All India Services, and Central Services and also serves the needs of a state if requested by the Governor with
the approval of the President. SPSC conducts examinations for recruitment to different services of the state.
It is consulted in matters of recruitment, disciplinary matters, etc. UPSC / SPC is not consulted in matters of
reservation UPSC/ SPSC is not consulted in matters, related to reservation, diplomatic appointments, etc. It
is a recommendatory body. The President places before both the houses of the Parliament the Report of UPSC
along with the action taken and reasons for non-acceptance of any advice. The Governor places before the
state legislature the reports of SPSC along with the action taken and reasons for non-acceptance of any.
Good and Services Tax Council: The GST Council was established through the 101st Constitutional
Amendment. The Union Revenue Secretary acts as the ex officio secretary to the council. GST Council is the
constitutional body under Article 279A of the constitution. Article 279A was implemented through a
presidential order that constituted the council. The GST has revolutionized indirect taxation in the country.
Major benefits: Economic integration, Uniform tax structure, Better allocation of resources and Expanding
the tax base.
Composition of the council: Union Finance Minister as the Chairman Vice-Chairman is elected by the
members of the Sates. among themselves. Union Minister of State in charge of revenue or finance. The minister
in charge of finance or taxation or any other minister nominated by the state. All the decisions of the council
are taken by a 3/4th majority The Union Government has 1/3rd vote while states combined have 2/3rd votes
together. The GST council performs the following tasks - Deciding over the merger of taxes, etc levied center,
state, or local bodies into GST. Threshold limit of turnover which can be exempted from GST, etc. Indirect
taxes such as Aviation Turbine Fuel (ATF), Crude Oil, and Products including CNG, liquor for human
consumption, etc are not within the ambit of GST. The states are reluctant to give these powers to the GST
council as these taxes are a major source of revenue in the state's indirect tax net.
Comptroller and Auditor General: It is provided under article 148. Dr. BR Ambedkar termed the office of
CAG shall be the most important officer under the Government. CAG is the guardian of Public Purse. He is not
eligible for further employment after retirement Removal in a manner similar to that of SC judge. Tenure - 6
years or 65 Years of age whichever is earlier. The certification of CAG is final w.r.t. to net proceeds (Article
279). The office of CAG is a unitary feature. It is a powerful office. E.g.- Ex CAG revealed that Rs 1.76 lakh crore
of “presumptive loss” to the exchequer in 2G allocation. CAG is not eligible to be employed further under the
Government of India after the relinquishment of the post of C & AG but he can take constitutional posts.
Major Functions: Audits the expenditure from Consolidated Fund of India, Consolidate Fund of Each State
and Union Territory with the legislature, Contingency Fund of India, Public Account Fund of India & of
different States. Article 150 of the Indian Constitution provides for C & AG advising the President in the form
the accounts of Union and States shall be kept. CAG facilitate the accountability of the executive towards the
Parliament in the Sphere of Financial Administration.

National Commission for SC/ National Commission for ST(Article -338/ Article 338A): To look into the
safeguards provided by the constitution. Created under articles 338 and 338 A respectively.
Membership: -
SC / ST Commission: - Chairperson, Vice Chairperson, and three other members. Appointed by the President
by his hand warrant and seal. The Conditions of service and tenure are determined by the President. They
investigate and oversee the legal and constitutional safeguards for SCs/STs respectively. The National
Commission for Scheduled Tribe also has additional functions such as safeguarding the rights of Tribal
Communities, their development, Livelihood measures, etc. The Central and State Governments also consult
the commissions on matters related to SCs and ST’S respectively. They also look into specific complaints. They
have been bestowed with powers of a Civil Court with respect to Summoning, receiving evidence on Affidavit,
production of documents, etc. The reports of the commission are submitted to the president who places them
before both the Houses of Parliament along with the action taken on the recommendation and reasons of
non-acceptance if any. The reports of the commission are also forwarded to the governor who places them
before the respective legislature along with the action taken and reasons of non-acceptance if any. Article
341- Presidential Order of Schedule caste (1950). Article 342- Presidential Order of Schedule Tribe (1956).
Article 342A- Socially and Educationally Backward classes.
Lokpal: Since we are a democratic country, corruption is against the spirit of democracy. It is a statutory
body. It has the powers of a civil court.
Structure: 1 chairperson and not more than 8 members. At least half of the members must have a judicial
background and at least half should come from SC, ST minorities, and women. The act also fixes the term 5
Years Tenure or 70 years of age for the chairman or Members.
Jurisdiction: The Prime Minister. Ministers. Members of Parliament. Group A, B, C, and D officers and officials
of Central Government. At least half would be Judicial Members.
Collegium: Prime Minister. Leader of Opposition in Lok Sabha. Chief Justice of India or a sitting judge
nominated by CJI. Eminent Jurist. It can refer to the matter for Preliminary Inquiry and Investigation. Special
Courts would be set up for Trial. There will be a Prosecution Wing and Enquiry Wing of Lokpal. The President
shall place annual reports before both the houses of Parliament along with reasons for non-acceptance if any.
National Human Rights Commission (NHRC): A statutory body established through the protection of the
human rights act, 1993.
Limitations: The commission can only inquire into violations of human rights that have taken place in the
past year. The NHRC is a recommendatory and advisory body. It can only seek a report from the central
government.
Amendments in 2019: Chairman can be SC Judge as well. Earlier, it was only CJI. Chairpersons of the
National Commission of Backward Classes, the National Commission for Protection of Child Rights, and the
Chief Commissioner for Persons with Disabilities have also been added as ex officio members.
NITI AAYOG: After independence, Planning Commission and National Development Council were
established. It is an extra-constitutional, non-statutory body created by an executive resolution. It is the
premier policy think tank of the Government of India. Top-down (trickle-down approach) Elements of
cooperative federalism were missing from erstwhile. Planning Commission. Fountain approach (bottom-up
approach). States as equal partners in nation-building.
Composition:
Chairperson: Prime Minister of India.

Members: Chief Ministers of all the states and Union Territories with the legislature and Lt. Governors of
other Union Territories. There is a provision for the Regional Council for specific purposes chaired by the
chairperson of NITI Ayog or his nominee. There are three wings: Research Wing, Consultancy Wing, and Team
India Wing.
Major Objectives: Promote Cooperative Federalism, Design Policy, Monitoring, Evaluation, etc.
Central Bureau of Investigation: It is a Non-Statutory Body. It mostly takes up cases on the request of state
governments, the order of SC/HC, or the central government, or ordered by Supreme Court or High Courts.
Collegium-Prime Minister;
Other members - Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/
a Supreme Court Judge.
Challenges: Excessive political interference Lack of autonomy with respect to human resources, finances, etc.
Delay in prosecution. In recent times, there also have been differences within the CBI.
Way forward: It would be better if it takes cases related to corruption only (it was the primary purpose of
the formation of the CBI.


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INDIAN POLITY

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Article 393 - The Constitution shall be known as the Constitution of India.

The tools to achieve constitutionalism are as follows:

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Tools to implement checks and Balances:

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4. Republic: The idea of a republic is based on three principles:

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Benefits of smaller States:

Challenges of smaller states:

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The various feature of Basic structure:

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The Major elements of rule of law are:

The cons of such legislation are as follows:

The pros of such legislation are as follows:

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Article 20 of the Indian constitution: Protection in respect of conviction for offenses.

No self-incrimination: No person can be compelled to be a witness against himself or herself. Self-

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Equality before law: It has a negative connotation. It is a British concept.

Equal protection of the law: It is a positive concept. It is an American concept.

Important cases related to the Right to life:

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Part -4 Directive principle of State policy

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Some important terms:

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Liberal intellectual principles:

Important Supreme Court cases:

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Major areas of contention: Marriage, divorce, inheritance, adoption, and maintenance.

Part – 4A Fundamental duties article

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Part - 5 Union Executive

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Electoral quota: Total number of valid votes polled/(1+1))+1.

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R.C. Cooper case: Ordinance making is subject to Judicial review.

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It comprises of Prime Minister/ Chief Minister, Cabinet

Disqualification of Members of Parliament:

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o Policy cut motion: Demand is reduced to rupee 1.

Lawmaking process in the Parliament (05:52 PM)

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Money Bill: Financial Bill (I & II).

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Consultative Committees: This is not a parliamentary committee. It is constituted by the Ministry of

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