ImTgArtist - Polity Notes English

General Awareness / General Studies
UNIT-1 Indian Constitution & Polity
PART-A Indian Constitution

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FOUNDATION BATCH - GS
Class Notes - Complete Polity
BY – Rajesh shukla
Contents
1. Constitutional Development of India

2. Formation of Indian Constitution, Committees and Sources
3. Parts, Schedules and Articles and Indian Constitution
4. Features of Indian Constitution
5. Preamble of Indian Constitution
6. Union and its Territory
7. Citizenship
8. Fundamental Right
9. Directive Principles of State Policy
10. Fundamental Rights
11. Union Executive
12. Union Legislature
13. The State Executive
14. The State Legislature
15. Indian Judiciary
16. Emergency Provisions
17. Local Self-Government
18. Electoral Process and Party system
19. Constitutional Amendments
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Constitutional Development of India

Acts under East India Company
 Under the Regulating Act of 1773, the name of the 'Governor of Bengal' was renamed to 'Governor-General
of Bengal' and he was allocated the job of supervising the Presidencies of Madras and Bombay.
 Warren Hastings was the first Governor-General of Bengal. The Governor-General of Bengal appointed 4
members to the Board of Administrators.
 The Supreme Court was established at Fort William in Calcutta, 1774; comprising one Chief Justice and
three other judges. Sir Elijah Impey was the first Chief Justice.
 Under the Pitt's India Act of 1784, a 6 member Board of Control (Controlling Council) was established,
which was appointed by the British Emperor.
 The Charter Act of 1813, the company's commercial monopoly in India (except for the tea trade and trade
with China) ended. Under this Act, the sovereignty of British rule over the Indian territories taken by the
Company was strengthened. The foundation of English education in India was laid by the Charter Act of
1813.
 Under the Charter Act of 1813, a provision was made to spend Rs 1 lakh per year for the spread of education
in India. In the year of 1823 AD, the General Committee of Public Instruction was formed, whose
responsibility was to give Rs 1 lakh for education.
 The Charter Act of 1833 aimed to establish a system of open competition for civil service selection. It
specified that Indians should not be denied any position, office or employment with the company.
 The Charter Act of 1833 provided for the appointment of a Commission known as the Law Commission.
The main aim of the Law Commission was the codification and consolidation of Indian law.
 The Charter Act of 1833 allowed Indians for the first time to enter higher positions in the British Indian
administration.
 Under the Charter Act of 1853, the numbers of the Board of Directors was reduced from 24 to 18. A
competitive examination was arranged for the appointment of civil servants and the law member was made
a full member of the council.
Acts under the British Crown

 Under the Government of India Act of 1858, the British crown was established with complete authority
over the power of India by completely abolishing the rule of the company.

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 Indian administration controlled the Secretary of State (creation of office), who was responsible to the
British Parliament.
 The British Parliament passed the First Law for the Governance of India under the British Raj. Under this
Act of 1858, a 15 member Indian Council was constituted, which was headed by the Secretary of India.
The Governor-General was called the Viceroy. who was responsible to the Secretary of India.
 Indian Councils Act of 1861, added a fifth member as a finance member in the Governor-General Executive
Council. This Act also initiated the process of decentralisation by restoring the legislative powers to the
Madras and Bombay Presidencies. The High Court I was established in Bombay, Madras and Calcutta in
1861, by Indian High Court Act of 1861.
 The Indian Councils Act 1861, gave recognition to the 'Portfolio' system, introduced by Lord Canning in
1859. Under the Portfolio system, a member of the Governor-General's Council was made incharge of one
or more government departments and was authorised to issue final orders on matters of his department on
behalf of the council.
 The 1861 Act empowered the Viceroy of India to make rules and orders for the better conduct of the
business of the council.
 The Indian Councils Act of 1892 gave the legislative body the ability to debate the budget and submit
questions, as well as increased the number of new members from 10 to 16.
 The Indian Councils Act of 1909 is also known as the Morley-Minto Reforms. In this, for the first time the
separate elections were arranged for Muslims and the number of elected. members in the central and
provincial legislative assemblies was increased. Under this Act, the separate electorate system in India was
introduced.
 The Government of India Act of 1919 is also known as Montague-Chelmsford Reforms'. It is related to
constitutional reforms. After it was first implemented in 1922, in the year 1923, the draft of the
Commonwealth of India was prepared under the Chairmanship of Tej Bahadur Sapru.
 The Government of India Act of 1919 established a Legal Government in the provinces and divided the
provincial executive council into two parts (reserved and transferred).
 The Act was established on 1st April, 1921 and continued till 1st April, 1937. Under the Act, separate
electorates were expanded to include Sikhs, Christians, Europeans and Anglo-Indians along with Muslims.
Also, an Independent Election Commission (IEC) was provided.
 The election of the Central legislature in the years 1926 and 1937 was done on the basis of the Government
of India Act 1919. This Act, for the first time, introduced bicameralism of the centre and direct elections.
It consists of Upper house and the Lower house.

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 Mrs. Annie Besant, Smt. Sarojini Naidu, Mrs. Hirabai Tata and Mithan Tata presented evidence in the
favour of women suffrage before the Joint Select Committee constituted on the Government of India bill,
1919.
 The Government of India Act of 1935 established the Federal Government structure in India. By removing
the Act of 1935 in the provinces and establishing the federal court 1937 and Federal Bank 1935, the Rule
of law was created in the Centre. The Government of India Act 1935 is the basic foundation from, which
the Indian Constitution developed.
 The distribution of power between Centre and state as in the Constitution of India is based on the Act of
1935. Burma was separated from India under this Act. With reference to the Government of India Act,
1935, Pandit Jawaharlal Nehru said, that "we were given a car, which had bus brakes but no engine".
 This Act stated the establishment of a federal court, the provincial autonomy and all India federation at the
Centre. Overall, Government of India Act of 1935 is the main and important source of the Constitution of
India.
 Under the August Resolution of 1940, dominion states was considered the main goal for India and after the
war, the Constitution of the Constituent Assembly was proposed. In the year of 1940, the Muslim League
demanded a separate Pakistan and Nehru gave shape to the demand for a Constituent Assembly.
 Under the Cabinet Mission 1946, an Indian Union (confederation) was formed and the Constituent
Assembly was formed, in which a representative was elected from a population of Rs 10 lakhs.
 The announcement of the formation of the Interim Government was made on 24th August, 1946, as a result
of which Pandit Jawaharlal Nehru formed the interim government on 2nd September, 1946, along with 11
of his associates. The Muslim league distanced itself from the government but later joined the government
on 26th October, 1946.
 Three members of the Congress (Syed Ali Zaheer, Sarat Chandra Bose and Sir Shafaat Ahmed Khan)
resigned from the interim government, while five members of the Muslim league (Jogendra Nath Mandal
Ghazanfar Ali, Liaquat Ali Khan II, Chundrigar and Abdur Rab Nishtar) were enrolled.
 The Indian Independence Act, 1947 and the Government of India Act, 1935 were abolished by the Indian
Constitution although the Abolition of Privy Council Jurisdiction Act, 1949 remained in force.
 The British Parliament passed the Indian Independence Act, 1947. As a result of this Act, on 14th and 15th
August 1947, respectively, Pakistan and India were declared independent and sovereign nations and the
Constituent Assembly assumed power as the Interim Parliament.

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Formation of Indian Constitution, Committees and Sources

Development of Indian Constitution
 The idea of a Constituent Assembly was put forward for the first time by MN Roy in 1934.
 In the year 1924, Pandit Motilal Nehru presented the demand for the creation of a Constituent Assembly
before the British Government.
 On 17th May, 1927, a resolution was introduced by Pandit Motilal Nehru in the Bombay session of the
Congress, which called for the making of a Constitution for India. For this purpose, Nehru Committee was
constituted under the Chairmanship of Pandit Motilal Nehru.
Process of Constitution Making

 The Constituent Assembly of India was formed under the Cabinet Mission Plan, 1946.
 The total number of members for the Constituent Assembly was fixed at 389, out of which 296 seats were
to be allotted to British India and 93 to the princely states.
 Out of the 296 seats allotted to British India, 292 members were to be elected from 11 Governor's provinces
and 4 Chief Commissioners were to be selected from the provinces (one from each). The representatives
of the princely states were to be selected by a committee constituted by the heads of the princely states.
 Initially, the princely states did not participate in the Constituent Assembly. From the 3rd session of the
Constituent Assembly. which started on 28th April, 1947, representatives of the Indian princely states
started joining it sequentially.
 The Constituent Assembly of India was established on 9th December, 1946 with the first meeting of the
Constituent Assembly. Dr. Sachchidananda Sinha was appointed as the Provisional Speaker. A total of 207
members attended the first meeting of the Constituent Assembly, including 9 women.
 On 11th December, December, 1946, Dr. Rajendra Prasad was elected unopposed as the permanent First
President of the Constituent Assembly and HC Mukherjee was elected as the Deputy Chairman and BN
Rau as the Adviser to the Constituent Assembly.
 In the Interim Government formed in the year 1946, Jawaharlal Nehru was the Deputy Chairman of the
Executive Council.
 On 13th December 1946, Pandit Jawaharlal Nehru presented the objectives resolution in the Constituent
Assembly, which was passed by the Constituent Assembly on 22nd January, 1947 (from the resolution to
give a Constitution of India).

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 Constitutional Adviser BN Rau is appointed in 1946 and prepared the first draft of the Constitution in
October 1947. A Seven member Drafting Committee under the Chairmanship of Dr. BR Ambedkar was
constituted on 29th August, 1947 to consider the text of the Constitution prepared by BN Rau.
 The first reading of the Constituent Assembly started from 4th November, 1948, to 9th November, 1948,
the second reading from 15th November, 1948, to 14th October, 1949 and the third reading from 14th
November to 26th November, 1949.
 The Indian Constitution was adopted by the Constituent Assembly of India and the total number of women
members in the Constituent Assembly of India was 15.
 A total of 12th sessions of the Indian Constitution were held for the making of the Indian Constitution. The
12th and final session was held on 24th January, 1950, in which the Constitution was signed by the
members.
 The Constitution of India was adopted and enacted on 26th November, 1949, while the Constitution of
India came into full force on 26th January, 1950. It took a total of 2 years 11 months 18 days to prepare the
Indian Constitution.
 Alladi Krishnaswamy lyer, the drafting member of the Indian Constitution, was in favour of the role of the
Supreme Court in passing important decisions relating to the election of the Constitution of India, as he
believed that the Supreme Court would have to draw a line between liberty and social restraint.
 KM Munshi was originally the only Congress member of the Drafting Committee.
 TT Krishnamachari was a member of the Constitution all representing the princely states of Rajasthan.
 Indian Constitution Day is celebrated every year on 26th November, as it was adopted on 26th November,
1949. The decision to implement the Indian Constitution completely on 26th January was taken because
Congress celebrated Independence Day for the first time in the year 1930 on this date.
Part, Schedules and Articles of Indian Constitution

Parts of the Constitution
 The Indian Constitution is the world's lengthiest Constitution. It started with 395 articles divided into 22
parts and 8 schedules.
 The Indian Constitution now includes 448 articles divided into 25 parts and 12 schedules, as well as 105
amendments.


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Parts of the Indian Constitution and related matters are given below
Parts Subject Matter Articles
I The Union and its Territory 1 to 4
II Citizenship 5 to 11
III Fundamental Rights 12 to 35
IV Directive Principles of State Policy 36 to 51
IV (A) Fundamental Duties 51 (A)
V The Union Government 52 to 151
VI The State Governments (7th Amendment in 1956) 152 to 237
VIII The Union Territories 238 to 242
IX The Panchayats (73rd Amendment in 1993) 243 to 243 (O)
IX (A) The Municipalities (73rd Amendment in 1993) 243 (P) to 243 (ZG)
IX (B) The Co-operative Societies (97th Amendment) 243 (ZH) to 243 (ZT)
X The Scheduled and tribal areas 244 to 244 (A)
XI Relations between the Union and the states 245 to 263
Chapter I-Legislative Relations 245 to 255
Chapter II - Administrative Relations 256 to 263
XII Finance, Property, Contracts and Suits 264 to 300 (A)
XIII Trade, Commerce and intercourse within the Territory
of India 301 to 307
XIV Services under the Union and the states 308 to 323
XIV (A) Tribunals 323 (A) to 323 (B)
XV Elections 324 to 329 (A)
XVI Special provisions relating to certain classes 330 to 342
XVII Official languages 343 to 351
Chapter I - Language of the Union 343 to 344
Chapter II- Regional languages 345 to 347
Chapter III-Language of the Supreme Court, High
Courts and so on 348 to 349
Chapter IV-Special Directives 350 to 351

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XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367
XX Amendment of the Constitution 368
XXI Temporary, Transitional and Special provisions 369 to 392
XXII Short title, Commencement, Authoritative text in Hindi
and Repeals 393 to 395
Schedules of the Constitution

 There were 8 schedules in the original Constitution of India whereas, at present the number of schedules
are 12.
 First Schedule lists India's states and territories, as well as any changes to their borders and the laws that
were utilised to effect those changes. This schedule can be modified whenever the Territory of a state/Union
Territory changes, a new state/Union Territory is formed or states/Union Territory merge.
 Second Schedule lists the pay for constitutional office holders. The provisions concerning allowances,
privileges and payments of India's President, Indian State Governors, Speaker and Deputy Speaker of the
Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of Indian State
Legislative Assemblies, Chairman and Deputy Chairman of Legislative Councils of the Indian States,
Judges of the Supreme Court and High Court and Comptroller and Auditor General (CAG).
 Third Schedule lists the various forms of oath for holders of various constitutional offices.
 Fourth Schedule details the distribution of Rajya Sabha seats among states and Union Territories.
According to Article 80 of the Constitution, the Rajya Sabha has a maximum of 250 members, with 12
members selected by the President and 238 representing the states and two Union Territories.
 Fifth Schedule lists the administration and governance of Scheduled areas and tribes (areas and tribes
needing special protection due to disadvantageous conditions).
 Sixth Schedule includes provisions for tribal government in Assam, Meghalaya, Tripura and Mizoram. The
sixth schedule authorises the development of Autonomous District Councils in Assam, Meghalaya, Tripura
and Mizoram to protect tribal people's rights.
 Seventh Schedule deals with the distribution of subjects in the Union list, State list and Concurrent list.
 Eighth Schedule of the Constitution consists of 22 languages. Articles 343 to 351 of Part XVII of the Indian
Constitution deal with the official languages.
 Ninth Schedule addresses state legislation and regulations concerning land reform and the abolition of the
zamindari system. It also deals with the actions and regulations of the Parliament in a number of areas. The

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ninth schedule was added to the 1st Amendment Act, 1951 to protect the legislation covered by it from
judicial scrutiny based on violations of Fundamental Rights.
 Tenth Schedule deals with provisions related to disqualification on the grounds of defection.
 The provisions in Eleventh Schedule of the Indian Constitution describe the Panchayats' rights, authority
and responsibilities in order for them to function as Local Government. This schedule was added by the
73rd Amendment Act, 1992.
 The Indian Constitution's Twelfth Schedule contains laws that define the Municipalities' powers, authority
and responsibilities in order for them to act as Local Government. This schedule was added by the 74th
Amendment Act, 1992.
Features of Indian Constitution

 The Constitution of India is the world's lengthiest Written Constitution, while the US Constitution is the
world's smallest and first Written Constitution.
 The Indian Constitution is neither fully rigid nor fully flexible but provides a unique combination of being
both.
 Directive Principles of State Policy and Fundamental Duties of citizens have been included in the Indian
Constitution.
 The word Federal is not used anywhere in the Constitution of India. Indian Constitution is federal in nature,
but unitary in spirit. In the Indian Constitution, the powers of the Union and the states have been divided
in the Constitution, hence, the Indian Constitution is called Federal.
 The main features of Unitary Governance in the Indian Constitution include the post of Governor, All India
Services, single citizenship, emergency provisions and unequal representation in the Rajya Sabha,
President's assent on state bills and constitutional crisis.
 The main objective of the federal structure of India is its multi-dimensionality. One of the diversities is to
build a nation and preserve national unity.
 The quasi-federal form of the Constitution contains the features of both unitary and federal bodies. The
independence of the judiciary in the Indian Constitution stipulates that its nature is federal. Delimitation of
powers, competence before the law, liberty and civil rights are the main features of the rule of law.
 The judiciary is supreme in the US Constitution, whereas the Constitution is given the highest position in
India.

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 The Indian Constitution establishes the rule of law, under which all citizens are equal before the law. Indian
Constitution mentions three types of emergency provisions i.e. National Emergency, State and Financial
Emergency.
 The Indian Constitution provides for single citizenship, but single citizenship is not a federal feature of the
Indian Constitution. The adult suffrage system has been adopted for the election of representatives in the
Indian Constitution.
 There are many forms of governance; e.g., monarchy, oligarchy, dictatorship, democracy, etc.
 Monarchy is the oldest form of government, in which the power of governance is contained in a person,
who bears the crown.
 The political power of that oligarchy is vested in a few people. In a dictatorship, there is an autocratic rule
by a single person, who takes his position through the use of force and is not accountable to anyone.
 At present, democracy is the most popular form of government. Democracy exists where the power is
vested in the people.
 The Parliamentary government system is also called the Cabinet system of government. This system is the
supreme body of law-making and the executive is accountable to the Parliament for all its functions and
can be removed by it.
 In a Parliamentary form of government, the existence of the executive continues till it gains confidence
(majority) in the legislature.
 Under the political system of India, the entire power is constitutionally divided between the Centre and the
states. The people have supreme power in India and the Indian administrative and political structure is
purely a functioning democracy.
 In India's Parliamentary system, cabinet members are members of Parliament and they remain in their
positions as long as the ministers enjoy the confidence of the Parliament.
 Constitutional government is that which governs the state in the interest of the freedom of the individual.
Important elements of the state are sovereignty, population, territory and government.
 The Presidential government system is also called the Presidential system. In this, all the executive power
is actually vested in the President. In the Presidential system, the power is centralised and the President is
the head of the executive. In the Presidential system, the President cannot dissolve the legislature.
 In the Presidential system, the President is free to choose his ministers and the role of the legislature is
minimal in the selection of ministers.
 In Indian democracy, people's representatives have the status of public servants. The British Parliament is
called the Mother of Parliaments.

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 The Constitution of India is called an adopted Constitution because its sources have been taken from the
Constitutions of different countries.
 Cabinet Government to ensure collective responsibility towards the people for Parliamentary democracy is
a procedure.
 Parliamentary Sovereignty of England has been established in the Constitution of India in central harmony
with the judicial supremacy of the United States.
 The Indian Constitution is a kind of combination of flexibility (flexibility) and rigidity. In Indian
Constitution, the important element is sovereignty, without it, no one comes under the category of state.
Apart from the membership of the Commonwealth, the sovereignty of India is not reduced, because this
membership is optional not mandatory.
 The famous administrative thinker Henri Fayol has advocated "equality between public administration and
private administration"
 According to WB Donham, "if our civilisation fails, it will be mainly due to the collapse of the
administration". Fred W Riggs is related to the "concept of development administration".
 According to Sir Ivor Jennings, "the Indian Constitution was made too rigid", while according to KC
Wheare, "the Indian Constitution strikes a fine balance between the more rigid and the more flexible".
 Dr. BR Ambedkar has said that "the Constitution should be given a tight structure of federalism". G Austin
has called "Indian federalism as cooperative federalism".
 SR Bommai vs Union of India 1994 has told that "the Indian Constitution is one federal Constitution".
Preamble of Indian Constitution

 A Preamble is the summary or introduction of any subject, in which a brief description is given related to
that topic. The Preamble of the Indian Constitution is the key to knowing the thoughts of the makers of the
Constitution.
 The Preamble of the Constitution reflects the objectives of the Indian Constitution. The Preamble of the
Indian Constitution is called the Soul of the Constitution.
 Pandit Jawaharlal Nehru presented the Preamble of the Indian Constitution to the Constituent Assembly on
13th December, 1946.
 The Preamble of our Constitution is:
We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST,
SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens;

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JUSTICE social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
In our Constituent Assembly, this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION.
 In the Constituent Assembly, on 26th November, 1949, we adopt enact and accept this Constitution to
ensure the unity and integrity of the nation as well as of individuals.
 By the 42nd Constitutional Amendment Act, 1976, the words socialist, secular and integrity were added
by amending the preamble. It has been declared a Sovereign, Socialist, Secular and Democratic Republic.
 The Preamble of the Indian Constitution makes India a secular nation. Secular means a state which does
not follow any religion.It does not recognise a particular religion as a state religion but provides equal
protection to all religions in a neutral spirit.
 Democracy means the system of the people, that is, the people rule. The people in India govern through
their electe representatives, which is called an indirect democratic system representative system.
 According to the Preamble, India is a republic, that is, the Head g State of India is elected and not hereditary.
 Supreme Court in Golaknath vs State of Punjab (Justic Hidayatullah) called the Preamble the basic soul of
the Constitution.
 In Kesavananda Bharati vs the State of Kerala, the Supreme Court held that the Preamble is a part of the
Constitution.
 The Preamble has great importance in the election of the Constitution. The Preamble can be amended (apart
from the bas structure). In this case, the Supreme Court has ruled on the bas structure of the Constitution.
 The Preamble of the Indian Constitution states that it has bee committed to boosting fraternity among all
of its citizens protecting each person's dignity, the nation's unity and maintaining integrity. The Preamble
of the Indian Constitution cannot be implemented legally.
 KM Munshi has termed the Preamble as a political birth certificate According to the Supreme Court,
Kesavananda Bharati vs the State of Kerala held that the Preamble is not just, that is, its basis but no
decision could be made.
 The Supreme Court in SR Bommai vs the Union of India said that the Preamble is an integral part of the
Constitution and Secularis is the basic feature of the Constitution.

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 According to Subhash Kashyap, the Constitution is the body so the object is its soul. The Preamble is the
cornerstone and the the Constitution stands on it. According to Sir Alladi Krishnaswamy Iyer, the motive
is our dreams and represents ideas.
 Total three types of justice (i.e. social, economic and political and five types of freedom in the Preamble
(thought, expression belief, religion and worship) are mentioned.
Union and its Territory

Constitutional Provision and Formation of New States.
 Under the Constitution, the states/territories of the Indian Union were classified into four parts (Part A, Part
B, Part C and Part D).
 Part A states were ruled by an elected Governor in British India (Executive Chairman Governor). Part B
contained royal rule with a state legislature governed by Rajpramukh. Part C was ruled by the Chief
Commissioner of British India (Executive Chairman Chief Commissioner). In Part D only Andaman and
Nicobar islands were kept administered by a Lieutenant Governor (Executive Chairman Chief
Commissioner).
 Articles 1 to 4 in Part I of the Constitution describe the Union and its Territories. According to Article 1,
i.e. India is a Union of States. The Indian federation is not the result of any agreement with the states.
Therefore, the states of India do not have the right to secede from the union.
 First schedule specifies the states and territories of India. The territories of India shall include the territories
of the states, the Union Territories specified in first schedule and such other territories as may be acquired.
If a new state is created in the Indian Union, it will be necessary to amend the first schedule of the
Constitution.
 Article 2 empowers the Parliament to make laws for the admission or establishment of new states in the
union. Formation of new states or change in area, boundaries or names of existing states the power of the
Parliament is also with the Parliament.
 According to Article 3 of the Constitution of India, Parliament can by a simple majority vote form a new
state and change the area, extent or name of an existing state.
 According to Article 4 of the Constitution of India, any law made by parliament under Article 2 and Article
3 shall not be deemed to amend the Constitution for Article 368.
 According to the Supreme Court's decision in the Berubari case, a state under Article 368 leased its territory
to a foreign state.

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Reorganisation of States
 In June 1948, the Government of India constituted a four member Linguistic Provinces Commission under
the Chairmanship of SK Dhar
 The Dhar Commission submitted its report on 10th December, 1948, in which instead of language, it was
suggested to reorganise the states based on administrative, geographical, financial and development
facilities.
 The Congress Working Committee also constituted a three-members committee of Pandit Jawaharlal
Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya (JVP) concerning the reorganisation of the states.
 The JVP Committee submitted its report on 1st April, 1949 and opposed the reorganisation of the states on
linguistic lines.
 By the States Reorganisation Act, 1956, the erstwhile Mysore was granted a separate statehood and its
name was changed to Karnataka in the year of 1973.
 In the year 1960, as the 15th state, Gujarat was carved out of Maharashtra.
 In the year 1966, the state of Haryana was carved out of Hindi-speaking people from Punjab and
Chandigarh was made a Union Territory in 1966 itself.
 16th state of India, Nagaland was created by separating it from Assam in the year 1963. Himachal Pradesh
was given full statehood in the year 1971.
 By the 35th Constitutional Amendment of 1974, it was made a co-state of India and by the 36th
Constitutional Amendment of 1975, Sikkim became the 22nd complete state of India.
 Mizoram (ranked 23rd) and Arunachal Pradesh (ranked 24th) received full statehood in 1987.
 Under the 56th Constitutional Amendment Act 1987, Goa became the 25th state.
 In the year 2000, the states of Chhattisgarh (26th), Uttarakhand (27th) and Jharkhand (28th) were created.
The state of Chhattisgarh was formed under the Madhya Pradesh Reorganisation Act, 2000 as the 26th state
of India on 1st November, 2000.
 On 2nd June, 2014, Telangana was carved out of Andhra Pradesh as the 29th state. Presently, there are 28
states and 8 Union Territories in India.
Union Territories
 In the year 1956, under the 7th Constitutional Amendment Act and the States Reorganisation Act, category
of part 'C' and 'D' states were constituted as Union Territories.

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 Some Union Territories were given full statehood after some time. On the other hand, the territories taken
from the Portuguese (Goa, Daman and Diu and Dadra and Nagar Haveli) and the territories taken from the
French (Puducherry) were made Union Territories. (Goa was later given full statehood). At present, there
are 8 Union Territories.
i. Andaman and Nicobar islands
ii. Delhi
iii. Lakshadweep
iv. Dadra and Nagar Haveli and Daman and Diu
v. Puducherry
vi. Chandigarh
vii. Jammu and Kashmir
viii. Ladakh
 Articles 239 to 241 of the Constitution under Part VII deals with Union Territories. All the Union
Territories belong to the same category, but there is no similarity in their administrative system.
 Presently, the largest Union Territory of India in terms of geographical area state is Jammu and Kashmir,
while the smallest Union Territory is Lakshadweep.
 From 1954 to 1962, Puducherry remained as an acquired territory and in 1962 by the 14th Constitutional
Amendment Act, Puducherry was made a Union Territory.
 Goa, Daman and Diu were conquered by the Portuguese under operation Vijay in the year 1961. After
being freed from it, it was given the status of a Union Territory. Article 240 (1)(b) deals with Dadra and
Nagar Haveli.
 The Union Territory of Delhi by the 69th Constitutional Amendment Act, 1991 name was changed to
National Capital Territory (NCT) Delhi. The Union Territories are administered by the President.
 Under the Jammu and Kashmir Reorganisation Act, 2019, two new Union Territories of Jammu and
Kashmir and Ladakh were created on 31st October, 2019. According to Article 239 (A), Jammu and
Kashmir have been made a Union Territory with a legislature, while according to Article 239, Ladakh has
been made a Union Territory without a legislature.
 Daman and Diu and Dadra and Nagar Haveli were jointly (merged) Union Territories with effect from 26th
January, 2020.
Citizenship
 Articles 5 to 11 of Part II of the Indian Constitution deal with citizenship. Citizens receive full civil and
political rights under citizenship. All citizens are eligible to run for election to the state legislature and the
parliament. The US has dual citizenship while India has the same citizenship as Britain.

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 Article 5 of the Indian Constitution deals with citizenship at the commencement of the Constitution. Article
6 deals with the rights of citizenship of persons coming to India from Pakistan.
 Article 7 deals with the rights of citizenship of persons migrating to Pakistan. Article 8 deals with the rights
of citizenship of certain persons of Indian origin residing outside India.
 According to Article 9, when a person voluntarily becomes a citizen of a foreign country, his Indian
citizenship automatically ceases. According to Article 10, the citizenship of a person can be acquired under
the provisions of law only by Parliamentary law and not in any other way.
 Under Article 11, Parliament has been given the power to make laws regarding citizenship, under which
the Indian Citizenship Act, 1955 has been passed by the Parliament. The Central Government has the
exclusive right to determine citizenship in India.
 Citizenship of India can be obtained in five ways - by birth, by descent, by registration, by naturalisation
and by incorporation of territory.
 The cessation of citizenship of an Indian citizen can happen in three ways on taking the citizenship of
another country, on renouncing the citizenship or by deprivation of citizenship by the government.
 The Government of India can deprive a person of Indian citizenship on the following grounds.
 Showing disrespect to the Constitution.
 Helping the enemy during the war
 Wrongly obtaining citizenship
 Within five years of obtaining citizenship by registration or naturalisation, two years imprisonment
in any country
 Staying outside India for seven consecutive years
 December 2003, on the recommendation of the Laxmimal Singhvi Committee, the Citizenship Amendment
Bill, 2003 was passed by the Parliament. Generally, only a small number of Indians who have settled abroad
receive Indian citizenship. It has been named Overseas citizenship of India, also known as Dual citizenship.
Provision has been made to provide overseas citizenship to overseas Indians settled in a total of 16
countries. People of Indian origin settled abroad are divided into three categories
 Non-Resident Indians (NRIs)
 Persons of Indian Origin (PIO)
 Overseas Citizen of India (OCI)
 Under the Indian Citizenship Act, 1955, the government has the right to deprive any citizen's citizenship.
The citizenship of any Indian can be taken away under the Citizenship Act, 1955 for working against the
unity and integrity of the country.

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 According to Article 19(2), if any person expresses an opinion against the unity and integrity of the nation,
he shall be punished.
 According to the Citizenship Amendment Act, 1986 from Sri Lanka and Bangladesh attempts to obtain
citizenship of incoming refugees have to be stopped.
 According to the Citizenship Amendment Act, 1992, a child born outside India shall be a citizen of India
if either of his parents is an Indian. The Act, 1955 contained a provision only for the child of a male Indian
citizen.
 Citizenship Amendment Act, 2003 granted numerous rights to people of Indian origin in 16 countries; For
example, Australia, Canada, Finland, America, France, Portugal, etc. have been granted overseas Indian
citizenship, so that they can stay in India without a visa for a long time.
 Citizenship Amendment Act, 2005 provides that any overseas Indian who is residing in a country where
there is a provision of dual citizenship. OCI allows Indian citizens to obtain citizenship across borders.
 Citizens of all countries (of Indian origin) except Pakistan and Bangladesh can obtain overseas Indian
citizenship under this provision.
 Indian citizens who divided their country under the Citizenship Amendment Act, 2015 after Pakistan begins
to migrate are not eligible to be registered.
 The Citizenship (Amendment) Act, 2019, the Citizenship Amendment Bill was passed by the parliament
of India on 11th December, 2019. Under the Citizenship Amendment Bill, 2019, people of Hindu, Sikh,
Buddhist, Jain, Parsi and Christian religions (6 minority groups) coming to India from Bangladesh, Pakistan
and Afghanistan were to be given citizenship.
Fundamental Rights
 The Fundamental Rights mentioned in the Indian Constitution are enforceable, but not absolute.
 Fundamental Rights can be suspended in case of emergency. Articles 12 to 35 given in the Indian
Constitution are related to Fundamental Rights, while Article 358 deals with suspension of provisions of
Article 19 during emergencies while Article 359 suspends rights conferred by Part III during emergencies.
 Rights are called Fundamental Rights because they are necessary for personality development and a law
cannot be made against them in the Parliament. These rights have been guaranteed and protected by the
Constitution.
 The major force of the concept of human rights is based on human dignity. Fundamental Rights have been
provided in the form of claims of citizens against the state, which protect citizens before the laws.

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 According to Dr S Radhakrishnan, Fundamental Rights are a promise to the Indian people and an agreement
made with the civilised world.
 Initially, the Constituent Assembly had included 7 types of Fundamental Rights, but by the 44th
Amendment Act, 1978, the Right to Property was removed from the category of Fundamental Rights.
 Article 13 of the Indian Constitution prioritises constitutional provisions over rules/laws made by the
federal/state legislatures.
 Part III of the Indian Constitution Fundamental Rights have been described in Articles 12 to 35.
 Equality or Right to Equality (Articles 14 to 18)
 Right to Freedom (Articles 19 to 22)
 Right against Exploitation (Articles 23 to 24)
 Right to freedom of Religion (Articles 25 to 28)
 Right to Culture and Education (Articles 29 to 30)
 Right to Constitutional Remedies (Article 32)
 In the context of India, the rights and duties of citizens are interrelated and indivisible and the individual
with society, citizens.
Right to Equality (Articles 14 to 18)

 Social equality implies such a situation present in the society, due to which any person on the basis of caste,
race or religion does not feel inferior to other people. One of the implications of equality in society is that
it lacks privileges.
 Rule of law or dominion of law means that there should be one law for all and one judiciary for all.
Guaranteed equality before the law or equal protection of laws in the territory of India is given under Article
14 of the Constitution.
 Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex or place of
birth.
 Article 16 of the Constitution of India provides for equal opportunity in respect of public employment. The
word Socialism is used in the Preamble of the Indian Constitution together with Articles 14 and 16.
 According to Articles, 15(4) and 16(4) of the Constitution of India, provisions for reservation have been
made for the Other Backward Classes (OBC).
 Article 15(5) of the Indian Constitution offers a reservation facility for other backward persons, SC and
ST, in non-government and non-aided educational institutions.

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 Articles 16(1) and 16(2) of the Indian Constitution give equal opportunity to all citizens in the subject of
public employment.
 Article 17 removes untouchability in society, practices of untouchability were declared a criminal offence;
in this connection, the Untouchability Act was passed in 1955.
 According to Article 18, the Government of India shall not confer any civilian honour or title on any person.
(Military honours and education degrees are not included).
Right to Freedom (Articles 19 to 22)

 Freedom of speech and expression under Article 19(1)(A) has been provided to all the citizens of India.
 Article 19(2) has provided that the state can impose some on the freedom of speech and expression in the
interest of the country, such as security, unity, integrity, foreign relations between states.
 Under Article 19(1)(B). Indian citizens have been given the freedom to assemble peacefully, Article 19 (C)
all citizens of India have been given the freedom to form associations or Unions.
 Under Article 19(1)(D) Indian citizens throughout India have the right to move freely throughout the
territory of India but under Article 19(5), there are reasonable restrictions upon the freedom to move freely
throughout the territory of India to protect the interests of the Scheduled Tribes.
 According to Article 20 of the Constitution, no person shall be convicted of any offence except for violation
of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty
greater than, that which might have been inflicted under the law in force at the time of the commission of
the offence. Also, no person shall be prosecuted and punished for the same offence more than once.
 According to Article 21, no person shall be deprived of his life or personal liberty except according to
procedure established by law.
 Article 21 has been included under the principle of due process of law because this article cannot be
suspended in any way except by procedure established by law.
 In Article 21, the word 'Person' refers to both citizens and non-citizens and cannot be taken away even in
times of national emergency.
 The 86th Constitutional Amendment Act, 2002, added a new provision in Article 21(A), for free and
compulsory education for children of 6-14 years.
 The scope of education was expanded under Article 21 of the Constitution due to the decision of the
Supreme Court in Unnikrishnan vs Andhra Pradesh.
 Article 19(1)(d) together with Article 21 gives the Right to Privacy. The death penalty does not come under
the purview of Article 21 of the Constitution.

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 Article 21 of the Indian Constitution guarantees a person's Right to travel abroad and to marry the person
of his choice. Apart from that, the rights of women of opposite sexes (transgenders), Complex shaped twins
and women wishing to have a child are covered.
 Article 22 of the Constitution of India provides protection to any person from arrest and detention but this
right does not extend to a citizen of an enemy country or any person, who has been detained under
preventive law.
 The person shall be informed of the reason for his detention and shall not be prevented from seeking advice
and assistance from a lawyer of his choice and shall be produced before the nearest Magistrate within 24
hours excluding the time of travel.
 Under Article 22(4) a person cannot be detained under preventive detention for a period exceeding three
months (Except for certain conditions).
 On the instructions of the Advisory Board, this period can be extended from three months to a longer
period.
Right against Exploitation (Articles 23 and 24)

 The Right against Exploitation is mentioned in Articles 23 and 24. Article 23 prohibits human trafficking
and all forms of forced labour. Trafficking means buying and selling a person, forced labour and getting
work done without pay.
 The Constitution (by Article 23 and Article 24) recognises the right against the exploitation of children and
women. Article 24 provides that no child below the age of 14 years shall be employed to work in any
factory or mine or in any other hazardous condition.
Right to Freedom of Religion (Articles 25 to 28)

 The Right to Freedom of Religion has been described in Articles 25 to 28. It means the state will not
interfere with the belief in any religion.
 The word 'Hindu' used in Article 25 of the Indian Constitution includes the followers of Buddhism, Jainism
and Sikhism.
 Under Article 26, every religious denomination or class thereof is subject to public order, morals and health.
 There is a provision for the establishment and maintenance of movable and immovable property for
religious organisations.

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 Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance
of any particular religion or religious denomination. This means the state should not spend the public money
collected by way of tax for the promotion or maintenance of any particular religion.
 According to Article 28, no religious instruction shall be provided in any educational institution, wholly
maintained out of state funds. However, it shall not apply to an educational institution, which is
administered by the state, but has been established under any endowment or trust, which requires that
religious instruction shall be imparted in such institution.
Right to Culture and Education (Articles 29 and 30)

 According to Article 29, every class of citizen residing in India, who has his language, script or culture, to
maintain it is guaranteed rights.
 Under Article 30, all minorities should be given the education of their interest, it gives authority to establish
and administer institutions. The state shall not discriminate in granting financial assistance to such
institutions.
 The term minority has not been defined in Article 30 but linguistic and religious minorities have been
recognised.
Right to Constitutional Remedies (Article 32)

 Dr. Ambedkar stated that Article 32 is the heart and soul of the Constitution.
 The Supreme Court shall have the power to issue directions or orders or writs, including writs like Habeas
Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this part.
 The power to enforce Fundamental Rights has been given to the Supreme Court and High Courts by the
Constitution. Under Article 32 and Article 226 of the Constitution, Fundamental Rights can be heard in the
Supreme Court and High Courts, respectively. if violated.
 Articles 32, 226, 227 and 245 have been declared as invaluable fundamental structures regarding the
protection of Fundnamental Rights.

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Judgement on Fundamental Rights by the Supreme Court

 In the Madras State vs Champakam Dorairajan case, the Supreme Court of India modified the right against
discrimination.
 The Supreme Court informally accepted in the Kesavananda Bharati caso that Parliament can amend any
part of the Constitution, but cannot change the basic structure of the Constitution.
 The Supreme Court ruled in the IC Golaknath vs State of Punjab (1967) that constitutional amendments
are also laws under Article 13 of India, which can be declared void if they violate Fundamental Rights.
 The Supreme Court in IC Golaknath vs State of Punjab (1967) held that the Fundamental Rights enshrined
in Part III are inherent and cannot be abrogated by any constitutional and legal provisions.
 In the year 1992, in Mohini Jain vs the State of Karnataka's, Right to Education was included as the Right
to Life.
 According to the Minerva Mills case, the constitutional court is entitled to protect the basic features and
can review any amendment on this basis.
Directive Principles of State Policy

 Directive Principles of State Policy (borrowed from Ireland) of the Constitution are discussed in Articles
36 to 51 of Part IV of the Constitution.
 According to the Indian Constitution, the Directive Principles of State Policy are essential to the country's
governance. The concept of welfare state is developed by incorporating the Directive Principles into
lawmaking.
 According to Article 36, the word 'State' used in this Part must have the same meaning as provided to it in
Article 12 of Part III, which is the Central Government, Parliament, State Government, Legislature and
Government of India, or State Government, all local governments and other government entities.
 According to Article 37, the provisions contained in this part cannot be enforced by any court, yet the
principles laid down in it are fundamental to the governance of the country and it shall be the duty of the
state to use these principles in the making of laws. The goal of the Directive Principles of State Policy is to
establish the order of a new society.
 The system of this society is called by people by different names; like Socialists, Gandhians and Liberals.
 The provisions related to economic and socialist principles under the Directive Principles of State Policy
are as follows
 According to Article 38(1), the state is committed to promoting public welfare and maintaining a
social order that ensures social, economic and political justice for all.

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 Article 38(2) states that the state shall, in particular, strive to decrease economic disparities not just
between individuals, but also between groups of persons living in different places and working in
different occupations.
 In accordance with Article 39, the state must conduct its policy in the following manner.
 According to Article 39(a), the state shall ensure that the legal system functions in such a way that
justice is accessible on the basis of equal opportunity and shall, in particular provide free legal help
by appropriate legislation, programmes or other means, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.
 Article 39(b) states about the equal distribution of resources of the community for the common
good.
 Article 39(c) states that the economic system should be operated in such a way that, there is no
centralisation of money and means of production detrimental to the common man.
 Article 39(d) states that both men and women should be paid equal wages for doing equal work.
 Article 39(e) states that the health and strength of workers, men and women and the tender age of
children are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength.
 Article 39(f) states that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
 Article 41 aims to secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disability.
 Article 42 mentions that the state shall make provisions for securing just and humane conditions of
work and for maternity relief.
 Article 43 states that the state shall endeavour to secure to all workers a living wage and a decent
standard of life.
 Article 43(A) states that the state shall take steps to secure the participation of workers in the
management of industries.
 Article 47 aims to raise the level of nutrition and the standard of living of people and improve public
health.
 Directives Principles based on Gandhian principles are as follows:
 Article 40 states that the state shall take steps to organise village panchayats as units of Self-
Government.

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 Article 43 states that the state shall endeavour to promote cottage industries on an individual or
cooperative basis in rural areas.
 Article 43(B) declare to promote voluntary formation and autonomous functioning, democratic
control and professional management of cooperative societies.
 Article 46 states that the state shall promote educational and economic interests of the weaker
sections of the people. particularly, that of the Scheduled Castes (SCs), Scheduled Tribes (STS)
and other weaker sections.
 Article 47 declares the state shall take steps to improve public health and prohibit consumption of
intoxicating drinks and drugs that are injurious to health.
 Article 48 declares to prohibit the slaughter of cows, calves and other milch and draught cattle and
to improve their breeds.
 Directives Principles based on Liberal-Intellectual Principles are as follows
 Article 44 states that, the state shall endeavour to secure to the citizens a Uniform Civil Code throughout
the Territory of India.
 Article 45 aims to provide early childhood care and education for all children until they complete the
age of 6 years.
 Article 48 aims to organise agriculture and animal husbandry on modern and scientific lines.
 Article 48(A) aims to protect and improve the environment and to safeguard the forests and wildlife of
the country.
 Article 49 states that the state shall protect every monument or place of artistic or historic interest.
 Article 50 states that the state shall take steps to separate judiciary from the executive in the public
services of the state.
 Article 51 declares that to establish international peace and security the state shall endeavour to
maintain just and honourable relations with the nations, Foster respect for international law and treaty
obligations, encourage settlement of international disputes by arbitration.
 42nd Constitutional Amendment, 1976 introduced certain changes in Part IV of the Constitution by
adding new directives.
 Article 39(A) is designed to provide free legal aid to the poor.
 Article 43(A) states about the participation of workers in the management of industries.
 Article 48(A) is designed to protect and improve the environment.
 Directive Principles of State Policy added by the 97th Constitutional Amendment Act, 2011 are listed
below

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 Voluntary formation of state cooperative societies, autonomous operation and democratic under
Article 43(b) to promote business management.
 In addition to the instructions mentioned in Part IV of the Constitution, other parts of the
Constitution (Part 15, Article 325, Part 17, Article 350 (A), Part 17 Article 351 have also given
other directions related to the states.
 The state is everywhere, it hardly leaves any gap, this statement expresses the concept of the public
welfare state.
 Mahatma Gandhi National Rural Employment Guarantee Programme has been brought to
implement Article 43 of the Indian Constitution.
 Legal services providing authorities in India provide free legal services to the person with an annual
income of less than 1 lakh and transgender with an annual income of less than 2 lakh.
 Fundamental Rights and Directive Principles are complementary to each other because Directive
Principles are the goals, which are to be achieved and Fundamental Rights are the means through
which those goals can be achieved.
Fundamental Duties
 In Constitution, Article 51(A), Part IV(A) covers Fundamental Duties. Fundamental Duties have been
included in the Indian Constitution on the recommendation of the Sardar Swaran Singh Committee (1976).
 Swaran Singh Committee had a total of 12 members. They were Swaran Singh (Chairman), AR Antulay,
SS Ray, CM Stephen, Rajni Patel, HR Gokhale, VA Syed Muhammad, BN Gadgil, DP Singh, Dinesh
Goswami, Vasant Sathe and VN Banerjee. This committee suggested the addition of 8 Fundamental Duties
in the Constitution.
 Initially 10 Fundamental Duties were added through 42nd Constitutional Amendment in Part IV(A) of the
Constitution.
 The 11th Fundamental Duty was added by the 86th Constitutional Amendment Act, 2002.
 Article 51 (A) of Part IV(A) of the Indian Constitution describes 11 Fundamental Duties, whose sequence
is as follows.
 To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem.
 To cherish and follow the noble ideals that inspired the National Struggle for Freedom.
 To uphold and protect India's sovereignty, unity and integrity.
 To defend the country and render national service when called upon to do so.
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 To promote harmony and the spirit of common brotherhood *amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women.
 To value and preserve the rich heritage of the country's composite culture.
 To protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures.
 To develop 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 endeavour and achievement.
 To provide opportunities for education to his child or ward between the ages of 6 and 14 (added by
the 86th Constitutional Amendment Act, 2002).
 Fundamental Duties apply only to Indian citizens. Foreign citizens have got many Fundamental Rights
given by the Indian Constitution, but not Fundamental Duties.
 Some of the Fundamental Duties are civil duties, some are moral; For example, respecting the national flag
and national anthem is a civic duty, while freedom is a moral duty.
 These values are related to Indian tradition, mythology, religion and practices. Therefore they are a
classification of the internal duties of the Indian way of life.
 No provision has been made in the Constitution regarding enforcement of Fundamental Duties by the court,
i.e., to enforce or violate them. There is no provision for any kind of punishment in the Constitution.
 If a court ensures the constitutionality of any law if it is found that he is in effect to give effect to any of
these duties, They may apply such law as is reasonable about Articles 14 or 19.
 The court is responsible for examining the Fundamental Duties The case of Visakha vs State of Rajasthan
stated to put Fundamental Duties on the same level as Fundamental Rights.
 Legal expert Nani Palkhivala and other experts have criticised the inclusion of Fundamental Duties in the
Indian Constitution, saying that many provisions of Fundamental Duty are misleading and meaningless.
Fundamental Rights and Fundamental Duties of citizens are two sides of the same coin.
 There are two types of relationships; First, Societies should operate on the principle of reciprocity. For
example, in the context of our rights, it is the responsibility of society to give them due respect. Similarly,
we must give equal recognition to similar rights of others. Second, the logic of rights and duties also implies
that we have any claims against the state, then we also have responsibilities toward its prosperity.

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Union Executive
 The Union Executive consists of President, Vice-President, Prime Minister, Council of Ministers and
Attorney General of India.
President
 Under Article 53(1) of Constitution, the executive powers of the Union are vested in the President. The
President of India is the head of the Republic of India.
 Under Article 53(2), the supreme command of the Defence Forces of the Union is vested in the President.
The President of India represents the nation, but does not lead the nation.
 The President of India is elected and is the nominal head of the executive, whereas the President of America
is the de facto head of the executive.
 The President of India is elected by an electoral college under Article 54. This electoral college consists of
elected members of both the Houses of Parliament, the Legislative Assemblies of the States and the
Legislative Assemblies of the National Capital Territory of Delhi and Puducherry.
 Nominated members do not participate in the election of the President, but they do participate in the election
of the Vice-President. The election cannot be postponed on the ground of incompleteness of the Presidential
Electoral College.
 The President of India is elected by proportional representation by means of the Single Transferable Vote
as per Article 55, the value of the vote of each MLA varies from state to state, while the members of Lok
Sabha and Rajya Sabha have the same vote value.
 Presently (2022), only the data of the 1971 census is accepted for the Presidential election.
 The President of India is indirectly elected. Article 56(1)(a) of the Indian Constitution states that the
President of India can send his resignation letter addressed to the Vice-President.
 Article 57 of the Indian Constitution allows for the re-election of a person to the office of the President.
Till now Dr Rajendra Prasad has been the only person in India who has held the office of President twice.
 The President is elected under Article 58 of the Indian Constitution. The person to be elected President
should be a citizen of India and also 35 years of age.
 According to Article 59(1) of the Constitution of India, either House of Parliament or a member of the
Legislature of any state as soon as the President is elected, his membership of the House ceases and is
considered vacant.
 He can be removed by any House of Parliament on the contravention of the provisions of the Constitution
by the process of impeachment under Article 61.

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 The Charges are contained in a notice that has to be signed by a least one-quarter of the total members of
the House. The notices sent up to the President and 14 days later, it is taken up for consideration.
 In India, if the office of the President and the Vice-President becomes vacant at the same time, the office
of the President wil be temporarily held by the Chief Justice of the Supreme Court According to Article
62(2) of the Constitution of India, if the office of the President is vacant, it must be filled within 6 months.
 Any dispute regarding the election of President and Vice-President under Article 71 is settled by the
Supreme Court. W Giri was the only President of India, who faced the controversy over the election of the
President when it reached the Supreme Court.
 The President of India submits his resignation letter to the Vice-President and the Vice-President submits
his resignation to the President.
 The President appoints the Prime Minister of India and other key officials of the Union (Chief Ministers of
Union Territories. Governors, Judges of Supreme Court and High Courts, Attorney General, CAG, Election
Commissioner, Chairman of Finance Commission, National Human Rights Commission etc).
 It is the duty of the President of India to cause the recommendations of the Federal Finance Commission,
the Comptroller and Auditor General and the reports of the Union Public Service Commission and the
National Commission for Scheduled Castes to be laid on the table of the Parliament.
 According to Article 87(1) of the Indian Constitution, the President addresses a joint sitting of both the
Houses of Parliament in the first session after the general election to the Lok Sabha and at the beginning
of the first session of each year and the President in his address informs the reasons for the calling of
Parliament.
 The prorogation of the Lok Sabha is done by the President The President can send a bill passed by the
Houses of Parliament for reconsideration in the first time, if the House after reconsideration sends that bill
again to the President, then the President is bound to give his assent.
 The President of India, Giani Zail Singh, had first exercised pocket veto. He used it on the India Post Bill
passed in the year 1986. In the Presidential System, the President is the head of both the state and the
government.
 Being the head of the state, he gets the position of head of state and being the head of the government, he
heads the executive organs of the government.
 Article 117(1) provides that financial bill is similar to Money Bill as it can be introduced only on the
recommendation of President, only in Lok Sabha and not in Rajya Sabha.
 The President's assent is necessary before the introduction of a bill related to the subject of Articles 3, 110,
274 in the Parliament. In case of difference of opinion on a bill in Parliament, the President summons a
joint sitting.

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 Article 123 of the Indian Constitution empowers the President to issue ordinances. The power to issue
ordinances to the President comes from the Government of India Act, 1935. After the commencement of
the session of Parliament, the ordinance remains valid for 6 weeks.
 In Article 201 of the Constitution, the Governor can send a bill for the approval of the President.
 Article 72 of the Constitution confers on the President the power of pardon, which is a judicial power of
the President.
 According to Article 143, The Supreme Court can be consulted by President on matters of public
importance but this advice is not binding. During the term of the President, the trial cannot be done in the
court. This exemption is available to the President only in civil matters.
 According to Article 331, the President can nominate two members of the Anglo-Indian Community in the
Lok Sabha if there is no adequate representation of that community. Presently, this provision has been
abolished.
 President can declare emergency on the basis of the written decision of the Cabinet under Article 352.
Under the President's rule, the powers of the State Legislature shall be exercised by or under the authority
of the Parliament.
 Under Article 359 of the Constitution, the President of India suspends the implementation of the
Fundamental Rights during emergencies.
 Justice M Hidayatullah has been the Chief Justice of India who served as Acting President.
Vice-President
 According to Article 66 (1), the Vice-President of India is elected by Electoral College which consists of
elected and nominated members of both the houses of the Parliament. Like the President, the election of
the Vice-President is also indirect.
 The Vice-President of India is the highest-ranking official after the President. It is not associated with any
formal responsibility, it discharges its functions in the absence of the President.
 For the post of Vice-President, the same person can participate in the election, who is a citizen of India,
has completed 35 years of age and has the qualification to become a member of Rajya Sabha.
 According to Article 67, the Vice-President is the ex-officio Presiding Officer of the Rajya Sabha with a
term of 5 years. The salary and allowances of the Vice-President of India are charged on the Consolidated
Fund of India.

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Prime Minister
 Article 75 (1), the President appoints the Prime Minister, who is the leader of the majority party in the Lok
Sabha. Other ministers are appointed by the President on the advice of the Prime Minister. The advice or
decision of the Prime Minister is important in the appointment of ministers.
 Article 75(3) is a tradition under which the Prime Minister due to the system of collective responsibility
towards the lower house, resigns as soon as he loses the majority.
 According to Article 75(5), if a person is not a member of Parliament at the of becoming Prime Minister
or Minister, then becoming a member within 6 months is mandatory. To become the Prime Minister of
India, the minimum age should be 25 years, otherwise he is ineligible. The Prime Minister of India is the
head of the Central Government's Council of Ministers. The Prime Minister presides over the meetings of
the Cabinet and conducts all the proceedings of the Cabinet.
 According to Article 77(3), the President shall make rules for the convenient conduct of the business of the
Government of India and for the allocation of the said work among the Ministers.
 Article 78 provides for the duties of the Prime Minister. According to Article 78 (A) of the Indian
Constitution, the Prime Minister shall inform the President about the proposal for the creation of the Fund.
 The Prime Minister of India is free to appoint his ministers and members of the Cabinet from the Lok Sabha
and the Rajya Sabha, that is, from the members of both the houses.
 If the Prime Minister of India is a member of the Upper House of Parliament (Rajya Sabha), he does not
have the right to vote in his favour in the event of a no-confidence motion.
 The former Prime Minister of India, Dr. Manmohan Singh had served as the Finance Minister of India, the
Governor of the Reserve Bank of India, the Chairman of the UGC, the Deputy Chairman of the Planning
Commission and India's representative in the International Monetary Fund.
Council of Ministers
 In Article 352 (3) the word 'Cabinet' is used, it provides that the President can declare emergency only
when the Union Cabinet communicates to him in writing.
 There are three types of ministers in the Council of Ministers - Cabinet Minister, Minister of State and
Deputy Minister. The Cabinet level ministers are the best among them.
 Government of India (Allocation of Business) Rules, 1961, the ministries/departments of the government
are created by the President on the advice of the Prime Minister.

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 A person who is not a member of either House of Parliament can be appointed as a member of the Council
of Ministers. It is mandatory for him to obtain membership of either House within a period of six months
from the date of appointment.
 To bring a no-confidence motion against the Council of Ministers, it is necessary to have the support of 50
members of the Lok Sabha. The process of no-confidence motion is related to the rules of Conduct of
Business in the Lok Sabha. The provision of which has been made in rules 198 (1) to 198 (5).
Attorney General of India

 The Attorney General of India is known as the first law officer in the Government of India. In the Supreme
Court of India, he is an advocate.
 Article 76(1), the Attorney General of India is appointed by the President. Attorney General as a party to
the Government of India has the right to be heard in any court. The Attorney General of India holds his
office during the pleasure of the President.
 For the appointment of the Attorney General of India, it is necessary to possess those qualifications, which
are for the appointment of a Judge of the Supreme Court.
 The Attorney General of India has the right to speak in both the Houses of Parliament, take part in the
proceedings of both the Houses and to be a member of any Parliamentary Committee, but he is not entitled
to vote.
Union Legislature
Introduction
 The Parliament of India is the supreme Legislative body of the Republic of India. It is a bicameral
legislature composed of the Lok Sabha, Rajya Sabha and the President of India.
 The Lok Sabha is called the first Lower or popular house. The Rajya Sabha is called the Second house or
the Upper house. The Golden Jubilee celebrations of the Indian Parliament were celebrated on 13th May,
2002.
 According to Article 87, the President of India delivers an address to both the Houses of Parliament
assembled together at the beginning of the first session after every general election to the Lok Sabha and
summons the Parliament as per Article 85(1).
 Article 108 provides for joint sitting of both Houses of Parliament. It is called by President and presided
over by speaker of Lok Sabha.

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 According to Article 122, the inquiry of the proceedings of Parliament by the Courts is prohibited. For the
first time in independent India, the post of Parliamentary Secretary was created in the year 1951. The
Secretariat of the Indian Parliament is independent of the government.
Rajya Sabha
 The Rajya Sabha, constitutionally the Council of states, is the Upper house of the bicameral Parliament of
India. It came into force of the Indian Constitution on 3rd April, 1952 and its first meeting was held on
13th May, 1952.
 The members of Rajya Sabha are elected by the members of the Legislative Assemblies of the states. Union
Territories (except Delhi, Puducherry and Jammu and Kashmir) do not have a Rajya Sabha seat.
 According to Article 80, the Rajya Sabha can have a maximum of 250 members. Out of these, 238 members
will be indirectly elected from the States and Union Territories and 12 members are nominated by the
President from the person having special in the field of arts, literature, sciences and social service
contribution.
 At present, the actual strength of the state is 245, out of which 233 are elected (225 from states and 8 from
Union territories) and 12 are nominated.
 The Fourth Schedule of the Constitution of India deals with the number of seats in the Rajya Sabha from
allotment. Article 4 (1) and Article 80 (2) of the Constitution of India deals with the Fourth Schedule.
 According to Article 83(1) the Rajya Sabha is a permanent house and can never be dissolved. One-third of
its members retire every second year.
 States are represented in the Rajya Sabha on the basis of their population. The term of the members of
Rajya Sabha is 6 years.
 To become a member of the Rajya Sabha, a citizen of India must have attained the age of 30 years and
should not have held any office of profit under the State.
 The members of Rajya Sabha are elected according to the system of proportional representation by means
of Single Transferable Vote.
 According to Article 89, the Vice President of India is the ex-officio Chairman of the Rajya Sabha and has
a tenure of 5 years. A minister can participate in the proceedings of the Lok Sabha eventhough he is a
member of the Rajya Sabha.
 According to Parliamentary procedure, a member of either House of Parliament, who holds the office of a
minister, can take part in the proceedings of both the Houses.

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 According to Article 109, Money Bill can be introduced only in Lok Sabha. Rajya Sabha has limited powers
with respect to Money Bills. Rajya Sabha can keep a Money Bill with it for a maximum period of 14 days.
 According to Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority of its members
present and voting, declaring that the subject mentioned in the State List is of national importance.
 The appointment of a nominated member to the post of minister is not a constitutional bar. No distinction
has been made between the elected and nominated members for the post of minister. It is mandatory for a
person to be a member of Parliament at the time of taking office within 6 months.
 According to Article 312, the Rajya Sabha can pass a resolution for the creation of a new All India Service
for both the Centre and the States.
 According to Article 368, the Rajya Sabha and the Lok Sabha have equal powers in amending the
Constitution.
Lok Sabha
 According to Article 81, the maximum number of members of the Lok Sabha is 552, out of these, 530 are
elected from the states, 20 from the Union Territories and 2 were nominated by the Anglo-Indian
Community. From 25th January, 2020, the provision of Indian nomination has been abolished.
 At present, the actual number of members in the Lok Sabha is 543, out of which 524 members are elected
from the states and 19 are elected from the Union Territories (7 from Delhi, 5 from Jammu and Kashmir
and 7 from other Union Territories).
 According to 31st Constitutional Amendment Act, 1972, the number of members of the Lok Sabha has
been increased from 525 to 545.
 The allocation of state seats to the Lok Sabha is based on the 1971 census, according to Article 82. This
will remain in place till the assessment year 2026.
 According to Article 81 (2), in the Lok Sabha, the states are divided according to their population. Seats
are allotted accordingly. The tenure of the fifth Lok Sabha was about 6 years. On the recommendation of
the Council of Ministers, Lok Sabha can be dissolved prematurely.
 According to Article 83 (2), there is a provision in the Lok Sabha that if the Lok Sabha is not dissolved on
the completion of 5 years of the first sitting after its Constitution, then it is considered automatically
dissolved.
 The 84th Amendment Act, 2001 froze the constituency boundaries till the first census after 2026, that is,
at least until after 2031.

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 According to Article 84(B), the minimum age for election to the Lok Sabha is 25 years. The Election
Commission has been entrusted with the task of preparing the electoral rolls for the elections to the Lok
Sabha.
 Areawise, Ladakh is the largest constituency of the Lok Sabha and the smallest constituency of Lok Sabha
is Chandni Chowk.
 According to Article 93, the Lok Sabha in its first meeting shall elect a Speaker and a Deputy Speaker from
amongst its members. Unlike the Constitution, it is a common practice that in the Lok Sabha the Speaker's
office goes to the party with the majority and the Deputy Speaker's post goes to the opposition.
 According to Article 94(A), the Speaker and the Deputy Speaker can continue in office as long as he is a
member of the Lok Sabha. If the Speaker of the Lok Sabha wants to resign his office, he can give his
resignation by addressing the Deputy Speaker, in addition, the Deputy Speaker can address his resignation
letter to the Speaker.
 According to Article 94 (C), the Speaker of the Lok Sabha can be removed from his office by a resolution
passed by a majority of all the then members of the Lok Sabha.
 The Speaker of the Lok Sabha does not vote normally, but according to Article 100, in the event of equality
of votes (for and against) he/she can vote.
 The Speaker of Lok Sabha can speak to a member in his mother tongue to the House, if he cannot
adequately express himself in Hind or in English.
 The Speaker of the Lok Sabha discharges the rules and regulations for the proceedings and conduct of the
House. His/her decision is final The Speaker's actions and conduct can neither be discussed nor criticised
in the Lok Sabha. In Lok Sabha, the Speaker presides over the joint sitting of both the Houses of Parliament.
 Article 96(1) states that, when a resolution for the removal of the Speaker is under consideration, the
Speaker is not the presiding officer, but the Speaker has the right to speak and vote in the House. The Lok
Sabha Secretariat functions directly under the supervision of the Speaker of the Lok Sabha..
 The Speaker of the Lok Sabha can stop any member of the House from speaking and can allow any other
member to speak, this phenomenon is called sitting. Chief Presiding Officer of Lok Sabha, Speaker of Lok
Sabha to the House reserves the right to adjourn indefinitely.
 Joint sittings of Lok Sabha and Rajya Sabha were held to resolve mutual differences in the Prevention of
Terrorism Bill, 2002. So far in the Parliamentary history of independent India, a joint session of Parliament
has been convened three times (in the Dowry Prohibition Bill, 1960, the Banking Service Commission Bill,
1978 and the Anti-Terrorism Ordinance).
 Article 101(4) if a member without the leave of the House for more than a period of 2 months (60 days) all
sittings of the House is absent. the House can declare his office vacant.

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 A member of the Lok Sabha does not become disqualified from being a member of the House, if the
member was expelled from the political party from which he was elected.
 According to Article 102 (1) if a person holds an office of profit under the State Government and is declared
by a court to be a person of unsound mind and declared insolvent, he shall be disqualified to become a
Member of Parliament.
 According to Article 108 (5), if a joint session of Parliament by the President even when the notice of
summoning is issued and the Lok Sabha is dissolved in the meantime, the joint session will be convened
in due course.
 The two Houses of Parliament have separate powers in matters relating to financial matters and the
responsibility of the Council of Ministers. There can be a maximum gap of six months between two sessions
of Parliament. There should be at least two sessions of Parliament in a year. The sitting of the Lok Sabha
can be terminated by adjournment, prorogation and dissolution. For the dissolution and prorogation of the
House, the President acts on the advice of the Council of Ministers.
 According to Article 107, a bill pending in the Rajya Sabha for the dissolution of the Lok Sabha, which has
not been passed by the Lok Sabha, shall not lapse.
 According to Article 330, 84 seats have been reserved for the Scheduled Castes and 47 for the Scheduled
Tribes in the Lok Sabha.
 The maximum number of seats reserved for Scheduled Castes in the Lok Sabha is in Uttar Pradesh (17)
while the maximum reserved for Scheduled Tribes the seats are 6 in Madhya Pradesh.
 Provision for representation for the Anglo-Indian Community in the Lok Sabha Article 331 in the
Constitution of India.
 Elections to the Lok Sabha are held on the basis of adult suffrage. Originally the voting age was fixed at
21 years in the Constitution. but it has been increased to 18 years by the 61st Constitutional Amendment
Act.
 Nomination paper for election to the Lok Sabha can be filed by a person who is a citizen of India and named
after him in any constituency to be entered in the voter list.
 The first general election to the Lok Sabha was held between October 1951 and February 1952. It was
completed if emergency is declared during the tenure of Lok Sabha, then Parliament has the right to extend
its term for a maximum of 1 year at a time.
 Clause (3) of the Parliament Act, 1959 lists specific offices of profit under the Government of India or the
State Government. This Act has been enacted five times so far in the years 1993, 1999, 2000, 2006 and
2013 has been modified.

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 The Speaker of the Lok Sabha is an elected member of the Lok Sabha and takes oath as a member of the
Lok Sabha.
 GV Mavalankar took over as the first Speaker of the Central Legislative Assembly of the British era and
the Parliament of the Republic of India.
 The first Speaker of the Lok Sabha was Ganesh Vasudev Mavalankar, who held his post from 1952-1956.
PA Sangma was the first Tribal Lok Sabha Speaker of India (May 1996 to March 1998).
 The first 'woman Speaker of the Lok Sabha was Meira Kumar, whose tenure was from 4th June, 2009 to
4th June, 2014.
 After the election of each Lok Sabha, the President appoints a short term Speaker (Protem Speaker). This
is the Presidency of the new Lok Sabha there is an officer. Its main duty was to get the new members
administered the oath.
 If the Deputy Speaker presides over the Lok Sabha, he/she shall be as decisive (casting vote) as the Speaker
in the event of an equality of votes of the opposition can vote.
 Article 368 in Part XX of the Constitution empowers the Parliament to amend the Constitution and its
system.
Functioning of Parliament
 Parliamentary Procedure is based on the principles of allowing the majority to make decisions effectively
and efficiently, while ensuring fairness towards the minority and giving each member or delegate the Right
to Voice an opinion.
 First Hour of Sitting session of India's Lok Sabha devoted to questions that Members of Parliament raise
about any aspect of administrative activity is known as Question Hour.
 During the Question Hour, questions are asked from the Council of Ministers by the Members of Parliament
for information on all kinds of matters of public importance, national and international.
 Question Hour and the setting of the Parliamentary programme is called Zero Hour. Its timing is generally
from 12 noon to 1 pm. Under this, the practice of raising questions on matters of urgent public importance
without prior notice has developed.
 The provision of calling attention notice has limited the scope of Adjournment Motion. Under the
adjournment motion, definite urgent issues of public importance are discussed. Guillotine refers to the
closure of the debate on the bill.

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 The process of stopping the debate on a motion in the Lok Sabha or Rajya Sabha and passing it is called
Closure. When the Minister withholds the facts of a case or distorts the facts, a motion of privilege can be
raised against him.
 Under rule 377 of the Lok Sabha, a maximum of 20 matters can be raised by the members of the Lok Sabha
in a day. This has been increased to 30 in the year 2015.
 Parliament for receiving answers to Starred or Unstarred Questions. Members have to give 10 days prior
notice. But for short notice questions, questions can be asked with less than 10 days notice. Short notice
questions are asked during Question Hour.
 Starred questions are answered quickly and orally. Supplementary questions can also be asked after Starred
Questions can be decided by the Speakers of the House.
 It controls the functions of the Council of Ministers through Question Hour, Zero Hour Motion (reduction
privilege, calling attention, adjournment no-confidence, censure, etc).
 Article 245 deals with the detailed provision of laws made by the Parliament and by the Legislatures of the
States.
 A government bill can be introduced in either house of the Parliament. This bill is introduced by the
minister.
 A private bill can be introduced by any Member of Parliament other than the minister. Such a bill is called
a Private bill.
 The general debate on a bill in the Lok Sabha takes place in the second reading. The second reading phase
consists of upchars, whose names are the stage of simple debate, the stage of inquiry by committee and the
stage of consideration.
 A bill, which is introduced in the Parliament, has to go through five stages and after the process is sent for
the assent of the President. After the assent of the President, the bill becomes law. The Speaker of the Lok
Sabha decides whether a bill is a money bill or not.
Budget in Parliament
 Under Article 112 of the Consititution, a statement of estimated receipts and expenditure of the Government
of India has to be laid before Parliament in respect of every financial year which runs from 1st April to 31st
March. The statement titled Annual Financial Statement is the main Budget Document.
 The budget is called the instrument of fiscal policy of the government. The Economic Survey is presented
every year in Parliament by the Finance Minister a day before the presentation of the budget for the coming
year.

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 The Department of Economic Affairs of the Union Ministry of Finance is responsible for the preparation
and presentation of the Union Budget in the Parliament. The revenue estimate of the budget is prepared by
the Ministry of Finance.
 General financial legislation (budget outline, budget documents, Parliament approval, budget execution,
accounting of financial functions and audit debate) has to be passed.
 The expenditure of the Union budget is divided into two parts i.e.. Revenue expenditure and capital
expenditure. Apart from this, these expenses are also divided into two parts - Plan expenditure and Non-
plan expenditure.
 The budget division of the Department of Economic Affairs (DEA) in the Finance Ministry is the nodal
body responsible for producing the budget.
 Under the budget process, the amount of demand is reduced to Rs1, it is called policy cut proposal.
Contingency fund provision has been made under Article 267 of the Constitution in the face of sudden and
uncertain calamities.
Parliamentary Committees
 Standing Committee include Public Accounts Committee, Estimates Committee and Committee of Public
Enterprises. The Indian Parliament exercises control over the administration through Parliamentary
committees.
 The Parliamentary Committee on Public Accounts was constituted for the first time in the year 1921 under
the Government of India Act, 1919. The Chairman of this committee is made by a member of the
opposition, who is nominated by the Speaker of the Lok Sabha.
 Public Accounts Committee of the Parliament is done to examine the financial accounts and exchanges of
the government and the reports of the Comptroller and Auditor General. The term of the members of the
Public Accounts Committee is 1 year. This committee submits its report to the Speaker of the Lok Sabha.
 It is the responsibility of the Speaker of the Lok Sabha to nominate the Members of Parliament to the
Committees, Councils, Boards and Commissions constituted by the Government of India. The Estimates
Committee is the largest committee among the Standing Committees of the Parliament.
 Public Undertakings Committee examines the reports and accounts of Public Sector Undertakings (PSU)
The State Executive
Governor
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 Under Article 153, there is a provision for the post of a Governor for each state, but a Governor can be
appointed for more than one state.
 Governor is the constitutional head of the State government. According to Article 154(1) of the Indian
Constitution, the executive powers of the state have been vested in the Governor. Article 155 states that the
Governor is appointed by the President.
 Article 156 states that the Governor shall hold office during the pleasure of the President. The Governor
can continue in office only till the wish of the President of India. Article 156 of the Indian Constitution
provides that the term of the Governor is for a period of 5 years from the date of taking the oath of his
office.
 Article 157 lays down the qualifications of a person for the appointment of the Governor in the State. The
age of the person should be 35 years.
 According to Article 158 (3A), when the same individual is appointed as Governor of two or more states,
his salary or allowances are divided among those states in the proportion determined by the President by
executive order.
 The emoluments and allowances of the Governor of a State shall not be reduced during his term of office.
The salary and allowances of the Governor are charged on the Consolidated Fund of the State.
 According to Article 159, the Governor is administered the oath of secrecy and protection of the
Constitution by the Chief Justice or seniormost judge of the High Court of the state. The format of oath or
affirmation is in the 3rd Schedule of the Indian Constitution.
 There is no provision in the Constitution of India to prosecute the Governor of the State. There is no
procedure laid down in the Constitution of India for the removal of the Governor from his office.
 Under Article 361 of the Indian Constitution, the President and the Governor cannot be tried in court for
their actions. The Governor must be given written notice of two months for civil proceedings for personal
purposes.
 No court can force the Governor to undertake any obligation. The President or the Governor has immunity
from legal proceedings for official business.
 Article 161 states that the power of Governor to pardon, commute remit suspend sentences in certain cases.
 Article 162 mentions the extent of the executive power of the State. According to Article 176 of the
Constitution of India, the Governor has the authority to deliver a special address to the Legislative
Assembly during the first session of each year.
 According to Article 174, the order of prorogation of the State Legislative Assembly is given by the
Governor.

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 According to Article 213, the Governor has the authority to issue ordinances at his or her discretion. The
Governor has the authority to revoke the ordinance at any moment.
 According to Article 212(2), of the Constitution, the ordinance promulgated by the Governor, it is necessary
to get approval from the Legislature in 6 weeks.
 The Governor can withhold assent to a bill passed by the State Legislature. A bill passed by the Legislature
can reserve it for the consideration of the President.
 The Governor has the power to nominate some members to the Legislative Council. Since the Governor is
an integral part of the State Legislature. He can summon or prorogue the session of the State Legislative
Assembly and dissolve it.
 According to Article 257, it has been specified that the executive power of each State shall be exercised in
such a way that the Union's executive power is not obstructed, i.e. it is adversely affected.
 Sarojini Naidu was the first woman Governor of a state in independent India. Padmaja Naidu was the first
woman Governor of West Bengal. The first (1980) Governor in India to be dismissed was Prabhudas
Patwari.
 Sarkaria Commission and Punchhi Commission had examined issue of removal of the Governor. Sarkaria
Commission was constituted by the Government of India in June 1983.
Chief Minister and the Council of Ministers

 According to Article 164, the Governor of the State appoints the Chief Minister and all ministers are
appointed by the Governor on the Chief Minister's advice.
 Article 167, defines the responsibilities of the Chief Minister. Usually, the Chief Minister presides over the
meetings of the Council of Ministers.
 The Chief Minister acts as a bridge between the Governor and the Council of Ministers. The Chief Minister
informs the Governor about the decisions taken by the Council of Ministers.
 The Chief Minister causes any matter on which a decision has been taken by a minister, but the Council of
Ministers has not considered it, when required by the Governor, to be laid before the Council.
 According to Article 164(4), a person who is not elected as a member of the state legislature may serve as
a minister for a maximum of 6 months in the Council of Ministers, including Chief Ministers in the states.
The minimal number of ministers is 12.
 According to 91st Amendment Act, 2003, it has been provided that the maximum number of ministers in
the Council of Ministers including the Chief Minister in the state shall not exceed 15% of the total number
of members of the Legislative Assembly.

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 The salary and allowances of the ministers of the State Government are decided by the State Legislature.
Advocate-General
 According to Article 165, the Advocate-General is appointed by the Governor. The Advocate-General is
authorised to give legal advice to the State Government. The Advocate General is the highest legal officer
of the State.
 According to Article 177, the Advocate-General has the right to participate and speak in the proceedings
of the State Legislature, but does not have the right to vote.
The State Legislature

Legislative Council
 Articles 168-212 are related to the State Legislature. According to the Indian Constitution, the State
Legislature consists of the Legislative Assembly, the Governor and the Legislative Council.
 According to Article 168(2) of the Constitution of India, there are two Houses of the Legislature, where
one is called the Vidhan Parishad (Upper House) and the other is called Vidhan Sabha (Lower House).
Presently, there are Legislative Councils in six Indian states namely (as of 30th October, 2019) Andhra
Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
 The procedure described in Article 169 of the Constitution is related to the creation and abolition of the
Legislative Council in Indian states.
 Parliament may create or abolish the Council in a State, if the Legislative Assembly of that state passes a
resolution to that effect by a special majority. Parliament can then pass a law to this effect.
 Article 171, provides for the composition of the State Legislative Council. The total number of members
of the Legislative Council in a State shall not exceed one-third of the total number of members of the
Legislative Assembly of that State and shall in no case be less than 40.
 According to Article 171(3), one-sixth of the total number of members of the State Legislative Council are
nominated by the Governor who have special knowledge or experience in the field of literature, science,
art, cooperative movement or social service.
 One-third members of the Legislative Council are elected by the members of the Legislative Assembly,
one-third by the members of local institutions. One-twelfth are elected by peasons who are graduates of
three years' standing residing in that state and one-twelfth are elected by teachers with atleast three years
teaching experience in educational institutions. Within state and lower than secondary schools.

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 Legislative Council is a permanent house, it cannot be dissolved, and one-third of its members retire every
second year. The term of its members is 6 years.
Legislative Assembly
 According to Article 170, the State Assembly is constituted. Sikkim is the State an exception to the
provision of Article 170, which states that the Legislative Assembly of a State shall consist of not less than
60 members.
 There are 32 members in the Sikkim Legislative Assembly. Uttar Pradesh is the state with the highest
number of Legislative Assembly members (403) in India.
 In Legislative Assembly the minimum age for the members was fixed at 25 years. Article 170 of the
Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and a
minimum of 60 members.
 Speaker of the Legislative Assembly vacates his office in the following cases
 If his membership of the Legislative Assembly is terminated.
 If he is removed from his office by a resolution passed by a majority of all the then members of the
Legislative Assembly.
 If the Speaker of the Legislative Assembly wishes to resign his office and gives his resignation letter
to the Deputy Speaker.
 Article 192 is related to about the decision on the question as to disqualifications of members of the State
Legislature.
 Even after the Legislative Assembly is dissolved, the post of Speaker continues.
 The Speaker shall not resign until the first meeting of the Legislative Assembly after its dissolution, or until
the first session immediately preceding it.
 According to Article 325, no person can be declared ineligible for inclusion in the electoral roll on the
grounds of religion, race, caste or sex.
Functions of State Legislature

 Members of the State Assembly and the members of the State Legislative Council. Take part in the
simultaneous election of the President A Money Bill in a state can be introduced only in the State
Legislative Assembly (Lower House) with the prior concurrence of the Governor.

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 According to Article 176, the Governor of a State shall be elected to each of the Legislative Assembly at
the beginning of the first session after the general election and at the beginning of the first session of each
year.
 He shall address the Legislative Assembly or, in the case of states having Legislative Councils, the sittings
of both the Houses jointly.
 As per Article 198, Money Bill can never be reinstated by the Legislative Council.
 According to Article 267(2) of the Indian Constitution, a contingency fund with the characteristics of an
imprest may be established by State Legislation and is referred to as the State's Contingency Fund.
Indian Judiciary
Introduction
 According to the provisions of the Government of India Act, 1935, the Federal Court of Justice was
established in India on 1st October, 1937. The first Chief Justice of the Federal Court in India was Sir
Mauris Gwyer.
 The Supreme Court in India was established by the Constitution of India. It was established on 26th
January, 1950, under Article 124 (1) of the Constitution. Under the Constitution of India. there is a single
unified judicial system for the Union and the States.
 The structure of the Indian judiciary is in the shape of a cone, with the Supreme Court at the top, the High
Courts below it and the Subordinate Courts (District Courts) below the High Courts in different districts.
 The basis of judicial review in the Indian Constitution is the procedure established by law. Article 137 of
the Indian Constitution empowers the Supreme Court to review its own judgements and orders. Judicial
review in India means the right of the judiciary to promulgate the constitutionality of laws and executive
orders.
Supreme Court
 In the Supreme Court Amendment Bill 2019, the number of judges was raised to 34, including the Chief
Justice. The total number of judges was fixed at 8 in the original Constitution. The power to increase the
number of judges in the Supreme Court is vested in the Indian Parliament.
 The judges of the Supreme Court of India are appointed by the President. These appointments will be made
based on consultation with the Chief Justice of the Supreme Court. The judges of the Supreme Court are
appointed based on Article 124(2) of the Constitution of India.

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 To be appointed as a judge of the Supreme Court, a person must have been an advocate of one or more
High Courts for at least 10 years. A person can be appointed as a judge in the Supreme Court, who has
been a judge of a High Court for at least 5 years.
 The Chief Justice of India will discharge the functions of office of the President in case the offices of the
President and Vice-President of India become vacant.
 The Supreme Court of India adopted the collegium system for the appointment of judges in the year 1993.
Apart from the Chief Justice, there are 4 other judges in the Collegium Board of the Supreme Court.
 According to Article 124(2), the retirement age of Supreme Court judges is 65 years. Article 124(4) of the
Constitution mentions the provisions relating to the removal of judges of the Court, according to which
they can be removed from their office only on two grounds proved misbehaviour and incapacity.
 According to Article 125(1), the salaries, allowances, privileges, leave and pension of the judges of the
Supreme Court are determined by the Parliament from time to time.
 Under Article 126 of the Constitution, in the event of a vacancy in the office of the Chief Justice, the
President can appoint a Judge from amongst the other Judges of the Supreme Court as the Acting Chief
Justice.
 Appointment of Ad hoc judges to the Supreme Court occurs when there is no quorum of judges to hold any
session of the court. According to Article 127 of the Constitution of India, the Chief Justice appoints an Ad
hoc judge only after consultation with the Chief Justice of the concerned high courts and with the prior
consent of the President.
 Any retired judge from the Supreme Court may be called by the Chief Justice of India with the prior
permission of the President of India to sit and act as a Judge of the Supreme Court.
 The format of oath or affirmation to be taken by the judges of the Supreme Court has been given in the 3rd
Schedule of the Constitution.
 Judges of the Supreme Court cannot practice in any court after retirement. The Supreme Court has all three
jurisdictions relating to original, appellate and advisory.
 As per Article 129 of the Indian Constitution, the Supreme Court of India is a Court of Record. This means
that all its decisions have evidentiary value.
 Under Article 130 of the Indian Constitution, the Chief Justice has the right to appoint the seat of Supreme
Court elsewhere, but he can take such a decision only after the prior permission or approval of the President.
This arrangement is optional and not mandatory.
 Under Article 131 of the Indian Constitution, the Supreme Court has the original jurisdiction of the
Supreme Court to decide the matter of any dispute between two or more states.

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 Article 131 of the Constitution deals with the original jurisdiction of the Supreme Court. Article 132, 133
of the Constitution together with Article 134 makes clear the appellate jurisdiction of the Supreme Court
in certain cases, civil and criminal matters.
 Article 138 of the Constitution of India empowers the Parliament to enact laws to increase the jurisdiction
of the Supreme Court.
 According to Article 139 (A) of the Indian Constitution, the Supreme Court can direct the transfer of a case
to another court.
 In the Constitution of India, the provision of consultation with the President has been made in Article
143(1). Such advice to the President is only advisory.
 The Supreme Court may decline to give its opinion under Article 143 i.e., it is not bound to give the advice.
 The ultimate authority to interpret the Indian Constitution rests with the Supreme Court. The Constitutional
Bench is constituted to hear constitutional matters in the Supreme Court, consisting of at least five judges.
 Mandamus, Habeas Corpus, Certiorari, Prohibition and Quo Warranto are writs which are issued in
different circumstances.
 Writ of Mandamus is issued by the judiciary in which the executive is asked to do the work which it should
do within the powers conferred.
 Prohibition writs are issued only when the proceedings are pending before any court or tribunal. A writ of
Prohibition is an order made against a judicial decision.
 The literal meaning of Quo Warranto is by what authority or warrant, the court issues it to a person for the
investigation of his claim to public office.
 Certiorari and Prohibition writs examine the working of subordinate courts. Subordinate courts are directed
to refer the cases presented before them to the Superior courts. Both the High Court and the Supreme Court
have the power to issue writs of Habeas Corpus.
 Habeas Corpus order is issued by the Supreme Court to ensure the freedom of a person when he is illegally
imprisoned.
 The right to shelter has been considered a Fundamental Right under Article 21 in Chameli Singh vs Uttar
Pradesh case of 1995.
 In the case of Maneka Gandhi vs Union of India (1978), the right to travel abroad has been declared a
Fundamental Right under Article 21.
 Indra Sawhney vs Union of India case of 1992 is related to reservation in government jobs for other
backward classes.
 Vishakha and others vs the state of Rajasthan 1997 deals with the prevention of harassment of women in
the workplace.
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 The Supreme Court of India in September 2003 decided on the right to equality in case of women in Vijaya
Lakshmi vs Punjab University. The Supreme Court found in the Coal Allocation Scam (Coalgate) that the
Central Bureau of Investigation (CBI) is a caged parrot.
 In 2018, the Supreme Court did not consider all the provisions of Section 377 of the Indian Penal Code
(IPC) as unconstitutional, and partially struck down Section 377.
 The Constitution Bench of the Supreme Court of India in the judgment of Bachchan Singh vs the state of
Punjab for the first time upheld the rarest principle for awarding the death penalty. The right to be heard
(locus standi rule) was liberalised in filing a petition in the Court by SP Gupta vs Union of India.
 The constitutional validity of the Muslim Women (Divorce) Act, 1986 was upheld by the Supreme Court
of India in the case of Daniyal Latifi vs Union of India.
 Supreme Court of India in Indira Sawhney vs Union of India case 1992 discussed the issue of creamy layer
among backward classes.
 Article 214 mentions that there shall be one High Court for each State, but under Article 231 Parliament
can by law establish a single High Court for two or more States and any Union Territory.
 Article 348 of the Constitution of India provides that all proceedings of the Supreme Court and High Courts
of India shall be in the English language.
 The first woman Judge of the Supreme Court was Justice Fatima Beevi. The Malimath Committee (2003)
considered ways to reform the criminal justice system in India.
 Law Commission Chairman Justice HR Khanna in his report in the year 1979 mentioned the method of
appointment of judges, in which one-third of the judges in each High Court were said to be from other
states.
 The cases of Kameshwar Singh vs state of Bihar and State of West Bengal Vs Subodh Gopal are related to
land reforms and the zamindari system.
 The Supreme Court has declared the Migrant Arbitration Act, 1983 unconstitutional on the violation of the
sacred duty of the Centre under Article 335 of the Constitution.
 The conclusion reached by adding the word 'Socialist in the Preamble of the Constitution of India alongwith
Article 14 and Article 16 of the Constitution has enabled the Supreme Court to enshrine the Directive
Principle of State Policy of activism of equal pay for equal work.
Public Interest Litigation

 PIL was initiated by judicial activism in India. The purpose of Public Interest Litigation is to demand justice
by other persons or organisations besides of the aggrieved persons.

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 Public Interest Litigation (PIL) can be filed in both High Courts and Supreme Court. Justice VR Krishna
lyer and Justice PN Bhagwati are considered to be the fathers of Public Interest Litigation (PIL) in the
Indian judicial system.
 When Public Interest Litigation was brought into the Indian judicial system, the Chief Justice of India was
PN Bhagwati. Justice PN Bhagwati is remembered as pioneer of judicial activisim.
 The Allahabad High Court in the case of Rahmatullah vs State Uttar Pradesh in the year 1994 held that
pronouncing talaq three times at the same time is illegal.
 Public Interest Litigation comes under the Epistolary Jurisdiction it deals with matters of public interest,
which affect the masses.
 Public Interest Litigation is an instrument under which speedy and cheap justice is made in the public
interest.
High Court
 The Constitution of India provides for one High Court for each state. (Article 214). At present, there are
High Courts in only 25 states.
 Under Article 231, a single High Court can be established for two or more States by an Act passed by the
Parliament. The first High Court in India was established under the High Court's Act, 1861 simultaneously
in Bombay, Madras and Calcutta.
 High Court Judges are appointed by the President of India. A High Court judge holds office till the age of
62 years. In India, a High Court judge is administered the oath of office by the Governor
 The salaries and allowances of the High Court Judges are paid from the Consolidated Fund of the respective
State. A High Court judge addresses his resignation letter to the President.
 The procedure for removal of High Court Judges in India is similar to the procedure for removal of Supreme
Court Judges.
 When the Chief Justice of a High Court acts in an administrative capacity, he comes under the power or
jurisdiction of the High Court to issue writs under Article 226 of the Constitution.
 Calcutta High Court has jurisdiction over Andaman and Nicobar Islands. Three High courts of India have
jurisdiction over more than one State excluding Union Territories.
 Bombay High Court has jurisdiction over Maharashtra. Goa, Daman and Diu and Dadra and Nagar Haveli,
Guwahati High Court over Nagaland, Mizoram and Arunachal Pradesh, Punjab and Haryana High Court
over Punjab, Haryana and Chandigarh.

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 Currently, there are 7 such High Courts having jurisdiction over more than one State/Union Territory. High
Courts of Meghalaya, Manipur and Tripura were established in the year 2013.
 In the Indian Judicial System, writs are issued by the Supreme Court and the High Court. The second appeal
lies within the appellate jurisdiction of the High Court. The Supreme Court can issue injunctions for the
protection of Fundamental Rights.
Subordinate Courts and Other Tribunals

 The word District Judge is mentioned in Article 233 under Chapter 6 of Part VI of the Constitution of India,
which provides for the appointment of District Judge.
 District Courts in India are presided over by a District Judge. The District and sessions court is the principal
court of civil jurisdiction. A District Judge hears both civil and criminal cases, when he hears civil matters,
he is called a District Judge and when he hears criminal cases, he is called a Sessions Judge.
 Offences under the Protection of Civil Rights Act, 1955 are tried by a Judicial Magistrate of the first class.
All are cognisable and non-bailable offences under the Protection of Civil Rights Act, 1955. The district
has a Supreme Criminal Court, District and Sessions Judge's Court.
 The District Judge is appointed by the Governor in consultation with the High Court. To be eligible for the
appointment of District Judge, a person must be an advocate or leader or serving officer in the judicial
service of the Union or State for 7 years or more.
 According to Section 11 of the Gram Courts Act, 2008, Gram Courts have jurisdiction to hear both civil
and criminal cases.
 Lok Adalat is an alternative dispute resolution system in India.
 Administrative and other Tribunals in India are establishedn based on Article 323 (A) and Article 323 (B)
of the Constitution. The members of the Central Administrative Tribunal are drawn from both the judicial
and administrative sectors. Its headquarters is in New Delhi.
 The members (Chairman, Vice-Chairman and other members) of the Central Administrative Tribunal are
appointed by the President. The decision of the Central Administrative Tribunal can first be appealed to
the High Court and the Supreme Court.
 The purpose of the National Green Tribunal is to effectively and expeditiously dispose cases related to the
conservation of forests and other natural resources. This tribunal is based on the principles of natural justice.
 The National Green Tribunal, Act 2010 was enacted in line with the right to a healthy environment of the
Indian Constitution, which is part of the right to life under Article 21. The headquarters of the National
Green Tribunal is in New Delhi,

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Emergency Provisions
National Emergency
 In the Constitution of India, provisions have been made regarding emergency from Article 352-360. Article
352 of the Indian Constitution provides for National Emergency.
 According to Article 352 of the Indian Constitution, a National Emergency can be declared in the event of
war or external aggression or armed rebellion.
 It is necessary to approve the declaration of National Emergency by the Parliament within a period of 1
month. For this, it is necessary to pass a resolution by both the Houses of Parliament (2/3) by a special
majority.
 A written request of the Council of Ministers is necessary for the proclamation of a National Emergency.
This provision was added by the 44th Constitutional Amendment.
 By the 44th Constitutional Amendment in the year 1978, in place of the word internal disturbance or
disturbance, the word armed rebellion was substituted. The proclamation of National Emergency can be
withdrawn by a simple majority.
 According to Article 355 of the Constitution, it shall be the duty of the Union to protect all the States from
external aggression and internal disturbances and to ensure that the Government of each State is carried on
by the provisions of the Constitution.
 The term of the Lok Sabha can be extended for a period of 1 year at a time when the National Emergency
is promulgated. The Fundamental Rights guaranteed in the Constitution of India except Article 20 and 21
can be suspended during the National Emergency Proclamation.
 According to Article 358, when a declaration of emergency made on the ground of war or external
aggression is in operation, the right to freedom conferred by 19 is automatically suspended.
 If the emergency has been declared on the ground of armed rebellion, then the Fundamental Rights
guaranteed by Article 19 are not suspended.
 Articles 20 and 21 related to Fundamental Rights under Article 359 of the Indian Constitution cannot be
suspended during the imposition of an emergency.
 According to Article 172(1) of the Constitution, the term of a State Legislature may be extended by the law
of the Parliament for one year at a time, while the Proclamation of Emergency (under Article 352) is in
operation.

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President's Rule (Article 356)

 President's rule can be imposed in any state under Article 356 of the Indian Constitution.
 President's rule can be imposed in the state on the failure of the constitutional machinery in the state or in
case the state is unable to comply with any directions of the federal executive.
 According to Article 356, President's rule is imposed in the state on the advice of the Governor. President's
rule was first imposed in Patiala and East Punjab State Union (PEPSU) under Article 356 of the Indian
Constitution.
 If the President of India exercises his powers as provided under Article 356 of the Constitution with a
particular State, then the powers of the Legislature of that State shall be applicable by or under the authority
of Parliament.
 In case of failure of the constitutional system in the states under Article 356, the Centre can rule the states
under itself. The proclamation made under this can be judicially reviewed by the Supreme Court.
 Proclamation made under Article 356 must be approved by each House of Parliament within two months,
otherwise, it terminates automatically. President's rule can be imposed for a maximum of 3 years.
 Article 356 was supported by Dr BR Ambedkar on the argument that it would be used as a last resort.
Jammu and Kashmir (before 31st October, 2019) was the only state where the Governor's rule was imposed
based on Article 370.
Financial Emergency
 Article 360 of Indian Constitution deals with Financial Emergency. Its implementation has never happened.
A financial emergency is declared by the President.
 The proclamation of financial emergency will cease to be in force after the expiry of 2 months, if it is not
approved by resolutions of both the Houses of Parliament.
 During the Financial Emergency, the President can ask states to reduce salaries and allowances of all or
any class of persons serving in connection with affairs of state. It can issue directions for the reduction of
salaries and allowances of persons serving in connection with affairs of Union.
Local Self-Government
Development and Composition of Panchayati Raj System
 Local self-government refers to a system of governance, in which democratic decentralisation is ensured
by making people participate at the lower level and people are enabled to solve their problems.

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 The community development programme was started by Pandit Jawaharlal Nehru on 2nd October, 1952.
The first established programme of community development was the National Extension Service, which
was started in 1953 in collaboration with the Ford Foundation.
 The system of Panchayati Raj system came into force only as a result of the development of the concept of
community development implemented in the year 1952.
 The architect of the Panchayati Raj system in India was Balwant Rai Mehta. The Balwant Rai Mehta
Committee (1957) recommended a three-tier Panchayati Raj system in India.
 Panchayati Raj system was started in the country in Rajasthan followed by Andhra Pradesh by the first
Prime Minister Pandit Jawaharlal Nehru.
 The Panchayati Raj system in India was first started on 2nd October, 1959, in the Nagaur district of
Rajasthan.
 Gram Panchayat, Panchayat Samiti and Zila Parishad come under the three-tier system. The Ashok Mehta
Committee recommended a two-tier model for Panchayati Raj.
 This committee was constituted in the year 1977. The role of the bureaucracy, lack of political will and
lack of conceptual clarity were attributed by the Ashok Mehta Committee as reasons for the decline of
Panchayati Raj Institutions in India.
 The CH Hanumantha Rao Committee on Panchayati Raj was formed in the year 1984, while the GVK Rao
Committee was formed in the year 1985.
 The recommendation to provide constitutional status to Panchayati Raj was made by the LM Singhvi
Committee. This committee was formed in the year 1986.
 In India's Panchayati Raj system, there is a Gram Panchayat or Gram Sabha at the level of a village or a
small town. The Panchayat Samiti formed at the block level in India acts as a coordinating and supervisory
authority.
 Panchayati Raj Institutions have been mentioned in Part IX of the Indian Constitution (Article 243(A)-
Article 243(0)). The main objective of Panchayati Raj is to enable people to participate in developmental
administration by promoting decentralisation.
 According to the recommendation of the Balwant Rai Mehta Committee on democratic decentralisation,
three-tier democratic Panchayati Raj Institutions were to be formed at the district, block and village levels.
 The third-tier in the Indian Federal system was added in the year 1993 through the 73rd and 74th
Constitutional Amendments of the year 1992.
 Constitutional status has been given to the Panchayati Raj system (Panchayats) under Article 243. The list
of functions of 29 subjects to Panchayati Raj Institutions has been given under Article 243 (G). Article 243

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(C) deals with the composition of Panchayats. Under this, the State Legislature has the power to constitute
Panchayats by law.
 In the 73rd Constitutional Amendment Act, there is a provision for reservation of 1/3 (one-third) seats for
women in Panchayati Raj Institutions.
 Article 243(K) of the Constitution provides for the Constitution of the State Election Commission for
Panchayats, in which a State Election Commissioner shall be appointed by the Governor.
 According to Article 243 E (3), elections to the Panchayat shall be held before the expiry of five years of
its term and if it has been terminated prematurely, re-election shall be held before the period of 6 months.
 Madhya Pradesh is the first state to comply with the 73rd Constitutional Amendment. In the Panchayati
Raj system, in the state of Bihar, the Nyaya Panchayats have the power of awarding imprisonment.
 The 73rd and 74th Constitutional Amendments have specified Part IX and IX(A) in the Constitution, which
are related to Panchayati Raj and Municipalities respectively.
 Gram Panchayat is the smallest unit of local self-government at the village level. The Panchayat area is
divided into not less than 10 and not than 20 wards and a Panch is elected from each ward. Panchayati Raj's
nomination of rural local government was the result of Mahatma Gandhi's suggestion.
 The Panchayati Samiti is constituted at the block level. The name of Panchayat Samiti varies from state to
state. The members of the Panchayat Samiti are directly elected by the people.
 Gram Sabha is a body consisting of all the voters of the Gram Panchayat. All the people included in the
voter list are members of the Gram Sabha. The Janpad Panchayat system is related to Madhya Pradesh.
 Kshetra Panchayat system is related to Uttar Pradesh. The Taluka Panchayat system is followed in Gujarat.
The Anchalik Parishad system is prevalent in West Bengal.
 The members of the Zila Parishad are directly elected by the people, who elect the President and Vice-
Chairman from amongst their members.
 In the 73rd Amendment of the Constitution of India, a provision has been made to make Panchayat elections
mandatory and at par with Lok Sabha and Vidhan Sabha elections.
 If a candidate dies before voting in a Panchayat election, then if only one candidate remains, the poll will
be adjourned, but if more than one candidate remains, the poll will not be postponed.
 The State Election Commission conducts the election of rural local bodies under Article 243(K). Article
243 (K) (2) states that the State Election Commissioner cannot be removed to ensure the autonomy of the
office of the State Election Commissioner except on the ground and in the manner specified for the Judge
of the High Court.
 In the Panchayati Raj system, the reservation of seats for Scheduled Castes and Scheduled Tribes are
determined in proportion to the population.

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 Article 243 (G) has given the power to state legislature to make plans for Panchayats. All the seats in the
Panchayats are filled by persons elected by direct election from the territorial constituencies of the
Panchayat State area.
 Panchayats work on the principle of constitutional autonomy; they have constitutional status. The meaning
of Grassroot Democracy is the decentralisation of democracy.
 Under the 97th Constitutional Amendment Act, 2011, the right to form a cooperative society has been made
a fundamental right under Article 19. According to Article 243 (ZJ) of the Constitution of India, the
maximum number of directors of a cooperative society can be is 21.
 The Panchayati Raj system under Part IX of the Constitution of India does not apply to Nagaland,
Meghalaya and Mizoram. Autonomous District Councils are functioning in these states.
Urban Development and Administration

 According to the 74th Constitutional Amendment 1992, the term of the municipalities (Nagar Panchayat,
Municipal Council and Municipal Corporation) has been fixed for 5 years in Article 243 (U). The Mayor
is the highest official of the Municipal Corporation.
 The system of urban local government was given constitutional status by the 74th Constitutional
Amendment Act, 1992. The 12th Schedule was added to the Constitution by this Act. These include the
distribution of the functioning of the municipalities. In municipalities, one-third seats are reserved for
women.
 Under Article 243 (T) of the Constitution of India, there is a provision for reservation for scheduled castes
and scheduled tribes in municipalities. The first Municipal Corporation of India was formed in 1688 AD
in Madras.
 Municipal Corporations are established in those cities, whose number is more than 5 lakhs. The term of the
municipality is counted from the date of the first convention. The term of the municipality is 5 years.
 In the case of the President of the Municipal Council, action can be taken against him/her by passing a
resolution of repatriation with the signature of the 3/4th majority of the Council.
 The Speaker may be repatriated if passed by a majority vote by the general electorate. The process of
repatriation can be done once in the entire tenure.
 The term of office of the elected members of the Autonomous District Council is 5 years from the date of
the first meeting of the Council after the election.
 In Article 243 (ZD) of the Constitution of India, there is a provision for the Constitution of a District
Planning Committee at the district level in each state.

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 The number of members of this committee varies from state to state; like 25 in Rajasthan, 24 in Bihar, 40
in Uttar Pradesh and 20 in Chhattisgarh etc.
 The Metropolitan Planning Committee is constituted based on Article 243 (ZE) of the Indian Constitution.
Under this, a provision has been made to constitute a Metropolitan Planning Committee to prepare a draft
development plan for each metropolitan area development.
 To participate in the election to the Municipal Council, one has to be a citizen of India, included in the
electoral roll of the Municipal Council area and have completed 21 years of age.
PESA Act
 The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 extends the provisions of
the Amendment to the Scheduled Areas. In the Scheduled Areas, the powers of the Zila Panchayat are
planning of small water bodies, control over all social sectors, control over tribal sub-plans, work assigned
by the state government etc.
 The objectives of the PESA (Panchayats Extension to Scheduled Areas) Act of 1996 are self-government
of the tribal population, protection and preservation of the traditions and customs of the tribal communities,
development of appropriate administrative structure in harmony with the traditional practices, etc.
 The PESA Act is enforceable in 10 states namely Andhra Pradesh, Odisha, Telangana, Chhattisgarh,
Rajasthan, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh and Maharashtra.
 In the Panchayat Act, 1996, the Gram Sabha has the power to stop the transfer of land in the scheduled area
and the ownership of minor forest produce.
Electoral Process and Party System
Electoral Process
 The system of proportional representation ensures the representation of minorities in system of elections.
This system facilitates the fair representation of all types of groups based on ethnicity, gender, interests and
ideologies.
 The President decides the disqualification and disqualification disputes under Article 103 of the
Constitution of India in consultation with the Election Commission. A candidate for Lok Sabha or Vidhan
Sabha elections loses his security if he does not secure one-sixth of the total valid votes.
 Political parties have to follow the model code of conduct as soon as the election is announced. The model
code of conduct is determined by the Election Commission with the consensus of the political parties.
 The model code of conduct comes into force with the announcement of the date of the election and
continues till the results are out.
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 The Constitution of India provides for elections. According to this, elections to the Lok Sabha and the State
Legislatures are held on the basis of a universal adult franchise.
 The electoral roll is prepared by the Election Commission before every general election or mid-term
election to the Lok Sabha or Vidhan Sabha.
 Section 8(3) of the Representation of the People Act, 1951 provides that any member of the legislature
convicted of an offence shall be deemed to be disqualified from that date if he is sentenced to imprisonment
for a term exceeding two years and will be ineligible to contest elections for the next 6 years.
 According to the Representation of the People Act, 1951, a provision has been made for a registered voter
in India to contest the Lok Sabha elections from any constituency. Section 33(7) of the Representation of
the People Act, 1951 provides that no person can contest from more than two seats.
 Under the Representation of the People Amendment Act, 1996, a person shall be deemed unfit to contest
elections to Parliament and State Legislatures for six years from the date of his conviction for the offence
of insulting the Indian National Flag or the Constitution of India.
 According to the Representation of the People Amendment Act, 1996, the election process will not be
postponed if anyone dies during the election. In the event of the death of a candidate of a recognised party,
the poll is postponed and it is given an opportunity to field a new candidate within 7 days.
 Elections to the Lok Sabha and State Legislatures are held directly on the basis of adult suffrage. In India,
two types of election systems are adopted, indirect and direct.
 The President, Vice-President, Rajya Sabha and Legislative Council members are elected indirectly under
the system of proportional representation by means of a Single Transferable Vote system. Elections to the
Lok Sabha and State Legislatures are held directly on the basis of adult suffrage.
 The election bond scheme started in the year 2018. Only those political parties recognised by the Election
Commission will be able to get electoral bonds, which have secured one per cent of the votes in the last
Lok Sabha or State Legislative Assembly elections.
 Dinesh Goswami Committee was formed in the year 1990 for electoral reforms. The Election Reforms
Tarkunde Committee was formed in the year 1974 during the entire revolutionary movement.
 Electoral Reforms Indrajit Gupta Committee was formed in the year 1998 under the chairmanship of senior
communist leader Inderjit Gupta.
 By the 84th Amendment Act, the total number of member seats of the Lok Sabha has been fixed on the
basis of the 1971 census, which cannot be changed till the year 2026.
 The full form of VVPAT is Voter Verifiable Paper Audit Trail. The Voter Verifiable Paper Audit Trail
(VVPAT) system was first used by the Election Commission of India in Noksen (Nagaland) Assembly
Constituency. The version of WPAT used for voting in India is M3.

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 The 52nd Constitutional Amendment Act, aims to prevent defections of member elected on a party.ticket.
The 52nd Constitutional Amendment Act was implemented in the year 1985.
 If the Speaker of the Lok Sabha, on being elected, voluntarily walks out of the membership of his party or
rejoins the membership of his party after his term, then he does not come under the Anti-defection law.
Anti-defection law prohibits an elected member from voting against the express mandate of his party.
 Under the 10th Schedule of the Constitution of India, the disqualification on the ground of defection is
related to the matter of a merger with another political party.
Provision, composition and independence of the Election Commission

 The Constitution of India provides for an Election Commission under Article 324. In countries where the
bipartisan system has developed, proportional representation is not necessary. For example, in the United
States and Britain. State elections are held in Germany and Australia.
 The Chief Election Commissioner of India is appointed by the President. The post of Chief Election
Commissioner of India is equivalent to that of a Judge of the Supreme Court. The term of the Chief Election
Commissioner of India is 6 years or till the age of 65 years, whichever is earlier.
 According to Article 324(4), the Chief Election Commissioner can be removed by the President. According
to Article 324(5) of the Constitution of India, any other Election Commissioner or Regional Commissioner
can be removed from office only on the recommendation of the Chief Election Commissioner.
 The three-member Commission of Election Commission has been formed in the year 1989, and before that
the Election Commission was one member.
 The Chief Election Commissioner of the Election Commission of India is paid a salary equal to the salary
of a Judge of the Supreme Court. The Chief Election Commissioner of the Election Commission of India
can hold office till the age of 65 years or for 6 years, whichever comes first.
 The Chief Election Commissioner can be relieved of office by resigning to the President. In India, in the
elections to the Lok Sabha and the Legislative Assemblies of the states, the party with the majority of the
members is given the opportunity to form the government.
 The voting rights were exercised for the first time by youth at the age of 18 in the 1989 general election.
The right to vote and to be elected is a legal right in India.
 According to Article 326 of the Constitution, every person who is a citizen of India and has completed 18
years of age can cast his vote.

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 The system with the most votes best describes the electoral system of India. If a candidate who is declared
elected in the election of the State Legislative Assembly loses his deposit, it means that the number of
contesting candidates is very high.
 By the 61st Constitutional Amendment Act, the voting age was reduced from 21 to 18 years. According to
Article 325, no person shall be denied admission to the electoral roll on grounds only of religion, race,
caste, sex or any of them.
 National Voters' Day is celebrated on 25th January, it was started in the year 2011. Sukumar Sen was the
first Chief Election Commissioner of India. The first woman Chief Election Commissioner of India was
VS Ramadevi.
 The power of superintendence, direction and control of elections in India is vested in the Election
Commission. The Election Commission of India recognises political parties in India and allots election
symbols to them.
 The Election Commission of India conducts elections to the State Legislative Assembly. The electoral roll
is prepared by the Election Commission before every general election or mid-term election to the Lok
Sabha or the Legislative Assemblies.
 The main functions of the Election Commission include conducting all elections to the Parliament and State
Legislatures, conducting elections for the posts of President and Vice-President, and preparing and
supervising, directing and controlling election lists.
 The Election Commission acts like a court for the settlement of disputes regarding the recognition of
political parties and gives election symbols.
Party System and Pressure Group

 The party system is a comprehensive part of the political system. Rajni Kothari described India's party
system in the early years of independence as a one-party major work.
 Constitutional Recognition of Political Parties for the first time took place in the year 1985, three types of
parties in India (National Party. State Level Party, Registered Party) have been recognised by the Election
Commission.
 A registered party is recognised as a national party only if at least 2% of the total seats in the Lok Sabha in
three different states, at least 6% of the votes in the Lok Sabha or assembly elections in 4 different states
and has secured at least 4 seats in the Lok Sabha. The party should be recognised as a state-level party in
at least four or more states.
 At present, 8 political parties are recognised as National Political Party in India; For Examples, the
Bharatiya Janata Party, Indian National Congress, Bahujan Samaj Party, All India Trinamool Congress,
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National People's Party, Nationalist Congress Party, Communist Party of India Marxist and Communist
Party of India.
 A political party is recognised as a regional party if it secures 8% of the votes in the state either in the Lok
Sabha or Vidhan Sabha elections. In the year 1948, communist parties jointly launched the land-mountain
movement in Andhra Pradesh,
 The pressure groups include organisations for farmers, women, and others. The fact that political parties
inspire people politically while pressure groups don't is a defining difference between the two.
Constitutional Amendments
 The Indian Constitution can be amended under the provisions of Article 368. It is mentioned in Part-XX of
the Constitution. Two procedures for constitutional amendment are (1) by a simple majority of the
Parliament by a special majority of the Parlament.
 A bill to amend the Constitution can be introduced in either House of the Parliament.
 Parliament is the highest constitutional body elected by the people of India. The Constitution Amendment
Bill must be passed separately in each House of Parliament. It can also be sponsored by private members.
 There is no provision regarding a joint sitting of both the Houses in case of disagreement of the Constitution
Amendment Bill. If a Constitution Amendment Bill passed by the Lok Sabha is rejected by the Upper
House, then the bill finally lapses.
 To amend the method of election of the President under the Constitution of India, the extent of the executive
power of the Union and the States, the powers of the Supreme Court and the High Court and any list
included in the Seventh Schedule, etc., at least half of the State Legislatures ratification is required.
 After being passed by the Parliament of India when it comes to the State Legislative Assembly for
ratification, the State Legislative can pass or reject the resolution, but no amendment can be proposed in
such a resolution.
 A constitutional amendment to create a new state requires a simple majority. The first amendment of the
Constitution was passed in the year 1951, it was related to the protection of agriculture and land reforms
done in some states. The Ninth Schedule was added to the Indian Constitution by the First Amendment
Act, of 1951. Under this, the methods of acquisition of property by the state have been mentioned.
 The 15th Constitutional Amendment Act proposed to amend Article 217 so as to raise retirement age of
High Court Judges from 60 years to 62 y 2 years.
 Constitutional Amendments are related to increasing the number of seats of the Lok Sabha are found in 7th
and 31st Constitutional Amendment Acts.
 The Supreme Court for the first time limited the power of the Parliament to amend the Constitution in the
Golaknath vs State of Punjab Case, 1967.
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 After the Golaknath Case, (1967), the Parliament amended Articles 13 and 360 by the 24th Constitutional
Amendment Act, 1971 and declared that under Article 368, the Parliament has the power to limit the
Fundamental Rights or to withdraw any Fundamental Right.
 The President's power to veto a bill to amend the Constitution has to be assent, substituted by the word
taken away by the 24th Amendment.
 The 25th Amendment of the Constitution provides that no law shall be repealed to give effect to the
Directive Principles of Policy mentioned in Articles 39(b) and 39(c) on the ground that it violates the rights
conferred by Articles 14, 19 and 31.
 By the 26th Amendment Act, 1971 of the Indian Constitution, the special rights of the rulers of the Indian
princely states and the privy purses were abolished.
 The 35th Amendment Act, 1974 of the Constitution deals with the State of Sikkim.
 The 42nd Constitutional Amendment Act, of 1976 is called the Mini Constitution. Forests were transferred
from the State List to the Concurrent List by the 42nd Constitutional Amendment Act of the Constitution
of India.
 By the 42nd Constitutional Amendment, through Article 43 (A). the participation of workers in
management was ensured. The 42nd Amendment to the Constitution of India exempts a proclamation of
emergency from judicial review.
 Under the 42nd Constitutional Amendment Act, three words Socialist, Secular and Integrity were added to
the Preamble of the Constitution.
 By the 44th Constitutional Amendment Act, 1978 of the Constitution of India, the President has been
empowered to send back any matter for reconsideration by the Council of Ministers. The 44th
Constitutional Amendment Act, of 1978 has removed the Right to Property from the list of Fundamental
Rights.
 The right to property was made a legal right under Article 300 (A) in Part XII of the Constitution.
 Anti-defection provision was made in the Constitution for the first time by the 52nd Constitutional
Amendment Act, 1985. According to the 53rd Constitutional Amendment Act, 1986, Mizoram was granted
the status of the 23rd State of India.
 In the 58th Amendment of the Constitution of India, 1987, a provision was made that any Hindi version of
the Constitution should not only conform with the Hindi translation published by the Constituent Assembly,
but also follow the language, style and terminology of the authorised texts of the Central Acts in Hindi.
 The 61st Constitutional Amendment is related to reducing the age for universal adult voting. Under the
69th Constitutional Amendment, Delhi became the National Capital Region.

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 The 86th Amendment Act, 2002, was included in the fundamental duty to provide opportunities for
education to its children between the age of 6 and 14 years.
 By the 91st Amendment, the number of Union Ministers has been limited to 15% of the total members of
the Lok Sabha.
 By the 93rd Amendment Act, 2006 of the Constitution of India, the reservation of seats in educational
institutions for the admission of citizens belonging to Scheduled Castes, Scheduled Tribes and other
backward classes has been made based on the provisions of Article 15(4) of the Constitution.
 By the 96th Constitutional Amendment Act 2011, by amending the Eighth Schedule, four languages were
placed on the list of official languages of the country.
 The 97th Amendment to the Constitution of India in the year 2012 is related to the formation and operation
of cooperatives.
 In the year 2014, Parliament tried to replace the collegium system with the National Judicial Appointments
Commission by the 99th Constitutional Amendment Act.
 The 101st Constitutional Amendment Act makes necessary provisions for the Goods and Services Tax
Rules. It provides for amendment in Article 368.
 105th Constitutional Amendment Act, gave both Union and States to recognise Socially and Educationally
Backward Classes (SEBCs) by amending Articles 338 (B), 342 (A) and 366.


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General Awareness / General Studies

UNIT-1 Indian Constitution & Polity

PART-A Indian Constitution

1. Constitutional Development of India

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Constitutional Development of India

Acts under the British Crown

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Formation of Indian Constitution, Committees and Sources

Process of Constitution Making

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Part, Schedules and Articles of Indian Constitution

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XVIII Emergency Provisions 352 to 360

Schedules of the Constitution

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Features of Indian Constitution

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Preamble of Indian Constitution

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JUSTICE social, economic and political;

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Union and its Territory

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Right to Equality (Articles 14 to 18)

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Right to Freedom (Articles 19 to 22)

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Right against Exploitation (Articles 23 and 24)

Right to Freedom of Religion (Articles 25 to 28)

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Right to Culture and Education (Articles 29 and 30)

Right to Constitutional Remedies (Article 32)

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Judgement on Fundamental Rights by the Supreme Court

Directive Principles of State Policy

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Attorney General of India

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