Indian Constitution

Understanding the Constitution of India

A constitution is the basic legal code that governs the governing systems of a country. A constitution is a written or unwritten document that contains a set of rules for a government. The origin of term 'constitution' is from the latin word 'constituere'. The constitution contains the fundamental political principles and establishes the structure, procedures, powers and duties of a government. The term constitution can be applied to any overall law that defines the functioning of a government. Constitution can be divided into two - Written and Unwritten. Examples for countries having written constitution are India, America, Australia, Brazil, South Africa etc. Examples for countries having unwritten constitution are Britain, Israel, France and New Zealand. Constitution is considered as 'Law of the Land'. The constitution of the nation is comprehensive and sovereign in nature. 

Functions of the Constitution

■ The Constitution provides unity and security.

■ It specifies the authority to make decisions.

■ It sets limits on the powers of the government.

■ It specifies the goals and aspirations of society.

■ It specifies what the fundamental identity of the people is.

Historical Background of Indian Constitution

■ India has the largest written constitution in the world.

■ The first law to bring the influence of the British government in Indian politics was the Regulating Act of 1773.

■ The 'Governor General of Bengal' became the 'Governor General of British India' under the Charter Act of 1833.

■ The title of 'Governor General' was changed to the title of 'Viceroy' under the Government of India Act of 1858.

■ The administration of India came under the British Queen under the Government of India Act of 1858.

■ The Indian Councils Act of 1909, which granted Indians access to the Executive Council of the British Governor General (this Act is known as the 'Minto Morley Administrative Reforms').

■ The law that implemented the dual system of administration in the provinces - Government of India Act of 1919 (known as the 'Montagu-Chelmsford Administrative Reforms')

■ The Government of India Act of 1935 is the law that replaced dual administration in the provinces.

■ The plan that gave instructions to the Indians to prepare their own constitution is Wavell Plan (1945).

■ The act passed by the British Parliament on August 15, 1947, transferring the administration of India to the Indians is Indian Independence Act, 1947 (July 18).

Legislations in British India - Important Acts of British India

The British acts that influenced the making of indian constitution is defined under two headlines.

1. The Company Rule (1773 - 1858)

2. The Crown Rule (1858 - 1947)

The Company Rule (1773 - 1858)

■ Regulating Act - 1773

■ Pitt's India Act - 1784

■ Charter Act - 1793

■ Charter Act - 1813

■ Charter Act - 1833

■ Charter Act - 1853

The Crown Rule (1858 - 1947)

■ Government of India Act - 1858

■ Indian Councils Act - 1861

■ Indian Councils Act - 1892

■ Indian Councils Act - 1909

■ Government of India Act - 1919

■ Government of India Act - 1935

■ Indian Independence Act - 1947

Important Acts of British India (Company Rule)

■ Regulating Act - 1773

The first step taken in consolidation of british rule in india is Regulating Act - 1773. This is the first act passed by british parliament to improve and manage the activities of English East India Company. The documentation of political and administrative management of East India Company was defined in this act. The act laid the foundation of central administration in India. The Governor of Bengal was made the Governor General of Bengal. Warren Heistings became the first governor general of Bengal. In 1774, first supreme court of british india was established in calcutta. The court is headed by a chief justice and three judges. Sir Elijah Impey is the first chief justice of calcutta supreme court. This Act required the Company's governing body, the Court of Directors, to report regularly to the British government on the Company's income, operations, and military affairs in India. The Amending Act of 1781 (Act of Settlement) was passed by the British Parliament in 1781 to remedy the shortcomings of the Regulating Act of 1773.

■ Pitt's India Act - 1784

The East India Company Act, also known as Pitt's India Act of 1784, was an act passed by the British Parliament to address the shortcomings of the Regulating Act of 1773. This act established a system of double government. Indian affairs came under the direct control of the British government. William Pitt was the British Prime Minister and Warren Hastings was the Governor-General at the time the Act was passed. This act separated the commercial and political activities of the East India Company. This act required the 'Court of Directors', the administrators of the company, to retain power over commercial activities, while forming another body called the 'Board of Control' to manage the political affairs of the company. Thus, this act became the impetus for implementing a two-tier system of commercial and political governance. With this, the Board of Control was vested with the supreme power to control the various activities of the company. According to this act, the capital of India was unified at Calcutta. This Act brought the Indian territories under the Company's control under the definition of 'British possessions in India'. The Pitts India Act was the East India Act that gave the British government full control over all the activities and administration of the Company in India. The Act failed to define the scope of the powers of the East India Company and the British administration.

■ Charter Act - 1793

The Charter Act of 1793, which is also called as East India Company Act 1793 was passed in the British Parliament in which the company charter was renewed. This act allowed the company’s rule over the British territories in India. According to this act, the monopoly of trade with India for another twenty years was given to the company.

■ Charter Act - 1813

The Charter Act - 1813 was an act that ended the East India Company's trading monopoly. However, the company retained its monopoly on trade with China and the tea trade. This act allowed Christian missionaries to come to India with the aim of enlightening the people. This act also gave the power to the local governments of India to levy taxes on individuals.

■ Charter Act - 1833

The Charter Act of 1833 is also known as the Saint Helena Act. Lord William Bentinck was the Governor General at the time of the passing the Charter Act of 1833. This Act made the title of 'Governor General of Bengal' as the 'Governor General of India'. Lord William Bentick was the first Governor General of India under this Act. While the earlier Acts were known as 'Regulations', the provisions within the ambit of this Act were known as 'Acts'. Under this Act, the East India Company ceased to function as a commercial institution. Instead, it became a purely administrative institution. This Act provided for public competition in the election of civil servants. However, this Act was blocked due to the opposition of the Court of Directors. The first Law Commission was formed in British India under the Charter Act of 1833. Lord Macaulay was the head of this Law Commission. Lord Macaulay was also the first person to codify the laws in India.

■ Charter Act - 1853

The Charter Act - 1853 was the last Charter Act passed by the British Parliament between 1793 and 1853. It was the first act to separate the executive and legislative powers of the Governor General's Council. It introduced an open competitive system for the selection and recruitment of civil servants. This act also allowed Indians to write the Covenanted Civil Service (a higher civil service examination set up by the Company). For this purpose, a council called the 'Macaulay Committee' was formed in 1854. This council was known as the 'Committee on the Indian Civil Service'. The Charter Act - 1853 was the first law to allow regional representation in the Indian Legislative Council. Four out of the six legislative members of the Governor General's Council were appointed from the provinces of Madras, Bombay, Bengal and Agra.

Important Acts of British India (Crown Rule)

■ Government of India Act - 1858

Rule of East India Company in India ended and rule of the Crown began. This important law was enacted after the First War of Independence/Sepoy Mutiny of 1857. According to the Government of India Act of 1858, the entire administration of India came under the British Crown. According to this law, the Secretary of State is the post created by the British Government to govern the Indian people. The Secretary of State is a member of the British Cabinet. A fifteen-member council was formed to assist the officer called the Secretary of State. The chairman of this council was the Secretary of State. According to this law, the 'double government' that was in force till then was abolished. The double government system was ended by abolishing the Board of Control and the Court of Directors. This law led to the end of the rule of the East India Company. As a result of the change of government, the 'Prohibition of Adoption Act', an act of the East India Company, was repealed. Government of India Act of 1858 is known as the 'Act for the Good Government of India.' This act is also known as the Magna Carta of the people of India. It came into force on 1 November 1858, when the British Queen's proclamation was read out at the Durbar held at Allahabad. The Governor-General of India then came to be known as the Viceroy. The Viceroy was the direct representative of the British Crown in India. The Government of India Act, 1858 received Royal Assent on 2 August 1858.

■ Indian Councils Act - 1861

Policy of Association of Indians in legislation started. The Indian Councils Act - 1861 was the first law to introduce Indians into the legislative process of the Houses of Parliament. Under this act, the Viceroy provided for the nomination of some Indians as non-official members of his enlarged council. Under the Indian Councils Act of 1861, the Raja of Banaras, the Maharaja of Patiala and Sir Dinakaran Rao, Indians, were nominated to the Legislative Council in 1862. This act brought an end to the gradual establishment of central government from the Regulating Act of 1773 to the Charter Act of 1833. Under this act, new legislative councils were formed in Bengal, the North-Western Provinces and the Punjab in 1862, 1886 and 1897 respectively. This act approved the portfolio system introduced by Lord Canning in 1859. This Act allowed the Viceroy to issue ordinances with a 6-month grace period during times of emergency.

■ Indian Councils Act - 1892

It was the beginning of representative system in India. This Act increased the number of additional members (non-official) in the Central Province Legislative Councils. The functions of the Legislative Councils were enhanced. (They were given the power to discuss the budget and ask questions to the Executive)

■ Indian Councils Act - 1909

Introduced for the first time, an element of election to the legislative councils. When this Act was passed, Lord Minto was the British Viceroy and Lord Morley was the Secretary of State. Hence, this Act is also known as the Minto Morley Administrative Reforms.

Features of this Act

1. The number of members of the Central and Provincial Legislative Councils was increased.

2. The number of members in the Central Legislative Council increased from sixteen to sixty.

3.For the first time, an Indian was represented in the Executive Councils of the Viceroy and the Governor.

4. Satyendra Prasad Sinha was the first Indian to be appointed as an official member of the Viceroy's Executive Council.

5. This Act introduced the system of providing communal representation to the Muslim communities by accepting the concept of separate electorate.

■ Government of India Act - 1919

The British Government announced on 20 August 1917 that they would establish a responsible government in India. The Government of India Act, 1919, received Royal Assent on 23 December 1919. When the Government of India Act, 1919 came into force, Chelmsford was the Viceroy and Edwin Montagu was the Secretary of State. Therefore, this Act is also known as the Montagu-Chelmsford Administrative Reforms.

Features of this Act

1. This Act relaxed the central control over the provinces.

2. This Act divided the provincial subjects into two. They were known as the transferred and reserved subjects. The transferred subjects were administered by the Governor with the help of the ministers in charge of the Legislative Council, and the reserved subjects were administered by the Governor and the Governor's Executive Council. This dual administration system was also known as Diarchy.

3. The Act granted women the right to vote.

4. The Act introduced direct elections and a bicameral system in the country.

5. Under the bicameral system, the Indian Legislative Council was divided into two houses, the Upper House (Council of State) and the Lower House (Legislative Assembly).

6. The majority of members were elected directly.

7. The right to vote was granted in elections on the basis of landholding, taxation and education.

8. The Act stipulated that out of the six members of the Viceroy's Executive Council, at least three members, excluding the Commander-in-Chief, should be Indians.

9. The Act created a new post of 'High Commissioner for India' in London and transferred some of the functions of the Secretary of State to this officer.

10. The Act led to the formation of the Central Public Service Commission in 1926 to recruit civil servants.

11. This law separated the provincial budget from the central budget and gave the provincial legislatures the power to enact their budgets.

■ Government of India Act - 1935

The Government of India Act - 1935 is the largest law passed by the British Parliament for India. The basis for the Government of India Act of 1935 was the Simon Commission Report, the recommendations of the Round Table Conferences, and the 'White Paper' published by the British Government in 1933 after the Third Round Table Conference. The Government of India Act of 1935 was the biggest turning point in the history of the Indian Constitution. This is the law to which the Indian Constitution owes the most. Samuel Hoare is the architect of the Government of India Act 1935. Lord Wellington was the Viceroy when the Act was passed and Linlithgow was the Viceroy when the Act came into force.

Features of Government of India Act - 1935 

1. The sections of the Government of India Act 1935 defining the powers of the Centre and the provinces

- Federal List containing 59 items regarding the functions of the Centre

- Provincial List containing 54 items regarding the functions of the provinces.

- Concurrent List containing 36 items containing general details of the administration of the Centre and the provinces.

2. This Act brought about a system of 'provincial autonomy' which ended the two-tier administration in the provinces and gave more freedom to the provinces.

3. The Act provided for the establishment of two-tier administration at the Centre.

4. Bicameral system was proposed in six out of eleven provinces.

5. Legislative Council (Upper House) and Legislative Assembly (Lower House) were formed in Bengal, Bombay, Madras, Bihar, Assam and the United Provinces.

6. This Act provided for the creation of separate electorates for the backward classes, women and workers.

7. 10% of the total population was also given the right to vote.

8. The Act abolished the term Council of India, which had been introduced by the Government of India Act, 1858, and provided for the establishment of an advisory council to the Secretary of State.

9. It provided for the formation of the Federal Public Service Commission, the Provincial Public Service Commission and the Joint Public Service Commission.

10. It provided for the establishment of a Federal Court in India. (The Federal Court, established in Delhi on 1 October 1937, became the Supreme Court of India from 28 January 1950).

11. The Government of India Act - 1935 is known as the 'blueprint' of the Indian Constitution.

12. It gave rise to the formation of the Reserve Bank of India.

13. Sindh and Orissa were carved out of the provinces of Bombay and Bihar respectively.

14. Burma was completely separated from India (1935).

15.The Government of India Act of 1935 had 321 sections and 10 schedules.

16. A Federal Railway Authority was formed to regulate the Indian Railways.

■ Indian Independence Act - 1947

On 20 February 1947, British Prime Minister Clement Attlee announced that British rule in India would end on 30 June 1948. Following this, the Muslim League came forward with its demand for an independent country. On 3 June 1947, the 'Mountbatten Plan' was formulated as part of the partition of India. The Mountbatten Plan is also known as the June Third Plan, the Balkan Plan, and the Dickey Bird Plan. This plan was accepted by the Congress and the Muslim League. The 'Indian Independence Act - 1947' came into force under the Mountbatten Plan. This was the last law passed by the British Parliament for India. This act led to the partition of India and the formation of the countries of India and Pakistan. This act led to the abolition of the post of Viceroy and the establishment of the post of Governor General appointed by the British King. The title of Secretary of State for India was abolished and his responsibilities were transferred to the Secretary of State for Commonwealth Affairs. The title 'Emperor of India' was removed from the King's documents in England. Thus, at midnight on 14 August 1947, British rule in India came to an end and Jawaharlal Nehru was sworn in as the Prime Minister of India.

History of Evolution and Framing of Indian Constitution

■ In 1906, the idea of constituent assembly was implicit in the demand for swaraj.

■ Motilal Nehru presented a resolution to the Congress Working Committee to prepare a constitution for the Indians at the Bombay session on 17 May 1927. A committee was formed at the All Party Conference under the leadership of Motilal Nehru on 19 May 1928 to prepare a constitution for India. Motilal Nehru submitted his report on 10 August 1928.

■ The idea of ​​a constitution for India was put forward by M.N. Roy. M.N. Roy put forward the idea of ​​a constitution for India through the newspaper 'The Indian Patriot'. M.N. Roy had raised the need for a constituent assembly to frame the Indian constitution in 1934.

■ The Swaraj Party was the first political party to put forward the idea of ​​a constitution for India.

■ The idea of ​​a 'Constituent Assembly' for India was first discussed in the 1935 Bombay session of the INC. The President of the Bombay Conference in 1935 was Dr. Rajendra Prasad.

■ The Faizpur Conference (1936–37) was the INC conference where the idea of ​​a Constituent Assembly for India was formally discussed. The Faizpur Conference, held in Maharashtra, was chaired by Jawaharlal Nehru.

■ In 1938, Jawaharlal Nehru declared that India needed a constitution free from the influence of external powers.

■ August Offer (1940) 

On 8 August 1940, Linlithgow announced the August Offer. The August Offer was a declaration made to seek India's sincere cooperation in World War II operations. The August Offer proposed the framing of a constitution for India. According to the August Offer, India was granted the status of a princely state and the freedom to form a representative constituent assembly. The Viceroy's Executive Council was given the freedom to expand to include Indians. The Congress and the Muslim League opposed this offer.

■ Cripps Mission (1942) 

The Cripps Mission was a committee appointed by the British government to obtain India's support in World War II. Sir Stafford Cripps was the chairman of the Cripps Mission. The Cripps Mission was sent to India by the then British Prime Minister Winston Churchill. The Cripps Mission arrived in India on 22 March 1942. The Cripps Mission came to India to give India the right and freedom to make a constitution. The Cripps Mission put forward the idea of ​​giving India the status of a princely state after the Second World War. The Cripps Mission turned out to be a failure as the Congress and the Muslim League opposed it.

■ Wavell Plan (1945) 

The Wavell Plan was announced by Lord Wavell on 14 June 1945. The meeting convened to discuss the Wavell Plan is known as the Simla Conference.

The main proposals put forward by the Wavell Plan

◆ An interim government with equal representation of Hindus and Muslims will be elected.

◆ The interim government will be given the freedom to administer all departments except defense.

◆ All members of the Executive Council, except the Governor General and the Commander-in-Chief of the Army, must be Indians.

■ Cabinet Mission (1946) 

The Cabinet Mission was a committee sent by the Labour government to India in 1946 to consider and decide on the issue of granting full independence to India. The members of the Cabinet Mission were Pethick Lawrence, Sir Stafford Cripps and A.V. Alexander. The Cabinet Mission arrived in Karachi on 23 March 1946 and in Delhi on 24 March 1946. Lord Wavell was the Viceroy when the Cabinet Mission arrived in India. Pethick Lawrence (Secretary of State) was the Chairman of the Cabinet Mission. The Cabinet Mission submitted its report on 16 May 1946. The Cabinet Mission returned from India on 29 June 1946.

Recommendations put forward by the Cabinet Mission

◆ To frame a separate constitution for India, including Indian leaders.

◆ Form an interim government.

◆ Implement India's Declaration of Independence as soon as possible.

◆ Form a federal government.

■ Formation of Interim Government

The Interim Government of India also known as the Provisional Government of India, formed on 2 September 1946 from the newly elected Constituent Assembly of India (election held in August 1946). The election to the Constituent Assembly was not direct and representatives were elected from the provincial assemblies. In these elections, the Indian National Congress won around 69% of the seats and had a majority.

First Interim Cabinet formed in 1946 September 2

◆ Viceroy and Governor-General of India, President of the Executive Council - Lord Wavell       

◆ Commander-in-Chief - Sir Claude Auchinleck

◆ Vice President of the Executive Council, External Affairs and Commonwealth Relations - Jawaharlal Nehru (INC)

◆ Home Affairs, Information and Broadcasting - Vallabhbhai Patel (INC)

◆ Agriculture and Food - Rajendra Prasad (INC)

◆ Health, Industries and Supplies - C. Rajagopalachari (INC)

◆ Commerce - C. H. Bhabha (INC)

◆ Defence - Baldev Singh (INC)

◆ Finance - John Mathai (INC)

◆ Labour - Jagjivan Ram (INC)

◆ Law - Syed Ali Zaheer (INC)

◆ Railways and Communications, Post and Air - Asaf Ali (INC)

◆ Works, Mines and Power - Sarat Bose (INC)

Cabinet is reconstituted in 15 October 1946, when Muslim League called off its boycott of participation in the interim government.

◆ Finance - Liaquat Ali Khan (All India Muslim League)

◆ Commerce - Ibrahim Ismail Chundrigar (All India Muslim League)

◆ Health - Ghazanfar Ali Khan (All India Muslim League)

◆ Law - Jogendra Nath Mandal (All India Muslim League)

◆ Railways and Communications, Post and Air - Abdur Rab Nishtar (All India Muslim League)

Those who have had their departments changed due to department transfers

◆ Industries - John Mathai (INC)

◆ Arts, Education - C. Rajagopalachari (INC)

◆ Mines and Power - C. H. Bhabha (INC)

■ Indian Independence Act 1947

In July 1947, the British Parliament passed the Indian Independence Act. With this, two independent countries, India and Pakistan, came into being. On August 14, a new nation called Pakistan came into being. On August 15, India became independent. The changes brought in constituent assembly were, constituent assembly was made a fully sovereign body. It also became a legislative body and the first parliament of free india. Strength was reduced to 299 - as Muslim league members hailing from areas included pakistan, withdrew.

■ In 26th November 1949, the motion on draft constitution was declared as passed. It contained a preamble, 395 articles and 8 schedules.

■ 26th January 1950 was chosen as the 'date of commencement'.

Making of the Indian Constitution

The idea of a Constituent Assembly was propounded by M.N.Roy. M.N. Roy put forward the idea of ​​a constitution for India through the newspaper 'The Indian Patriot'. M.N. Roy had raised the need for a constituent assembly to frame the Indian constitution in 1934. Later in 1946, Constituent Assembly was formed according to the proposals of the Cabinet Mission Plan. Election was held in November 1946 to form a Constituent Assembly when there were 389 members. In 6 December 1946, the Constituent Assembly was formed. The first sitting of the Constituent Assembly was held on 9 December 1946 with its President, Dr.Sachchidananda Sinha. The session was held in the Constitution hall of New Delhi (Now it is renamed as Central Hall of Parliament). 207 people participated in the first session of Constituent Assembly, of which 9 were women. JB.Kripalani was the first to address the Constituent Assembly. Muslim League boycotted this session. Dr.Rajendra Prasad is the permanent president of the Constituent Assembly. Dr.Rajendra Prasad was elected as the permanent president of Constituent Assembly after two days in 1946 December 11. HC.Mookerjee and VT.Krishnamachari were the vice presidents of Constituent Assembly. The process of making the constitution began on 13 December 1946 with the introduction of an "objective proposal" by Jawaharlal Nehru. In 1947 January 22, objective proposal was approved by the Constituent Assembly. BN.Rau was appointed the Constitutional Adviser to the Constituent Assembly in formulating the Indian Constitution. The Constituent Assembly appointed 22 committees (Drafting Committee) to deal with different tasks of Constitution Making. The seven member Drafting Committee was appointed on 29 August 1947, with Dr.BR Ambedkar as the Chairman. The other members of the Committee were N.Gopalswami Ayyangar, Alladi Krishnaswami Ayyar, KM.Munshi, Mohammad Sadullah, BL.Mittar (replaced by N.Madhav Rao), DP.Khaitan (died in 1948 and was replaced by TT.Krishnamachari).

Father of the Indian Constitution is Dr.Bhim Rao Ramji Ambedkar. The draft of the Constitution was conferred to the Assembly on 8th February, 1948. The Constitution of India was adopted on November 26, 1949 and it came into force on 26th January 1950. It took 2 years, 11 months and 18 days to finish whole work. The Indian Artist who decorated the handwritten copy of the constitution is Nandalal Bose. The constitution as adopted on November 26, 1949, contained a Preamble, 22 Parts, 395 Articles and 8 Schedules. At present the constitution contains Preamble, 448 Articles, 12 Schedules, 25 Parts and 106 Amendments as of September 2023.

Elections to the Constituent Assembly

The seats were allotted to each province, princely state or group of states in proportion to their population. The approximate ratio was 1 : 10,00,000. The total strength of the Constituent Assembly was 389. Of these, 296 members were from the British Indian provinces and 93 from the Princely States. Out of the 296 members, 292 members were from the 11 Governors' provinces and 4 members from the Chief Commissioners' provinces. The Chief Commissioners' provinces were Delhi, Ajmer, Coorg and British Balochistan. The seats in each province were distributed among the three main sections, Muslims, Sikhs and the general section, according to their respective population proportions. According to the Single Transferable Vote System of the proportional representation system, the members belonging to each community in the provincial legislature elected their representatives. It was decided to determine the representatives from the princely states through consultation. Elections for 296 seats to the Constituent Assembly were held in July–August 1946. The Congress was the political party that held 82% of the seats in the Constituent Assembly. Out of the 296 members, 4 were Sikhs, 3 were Anglo-Indians and 3 were Parsis. In the elections to the Constituent Assembly held from the British Indian provinces, the Congress won 208 seats, the Muslim League 73 seats and the remaining 15 seats were won by independents.

Constituent Assembly after Independence

After the partition of India, the number of members in the Constituent Assembly was 299 (229 + 70). The number of members from the British Indian provinces was reduced from 296 to 229 and from the Princely States from 93 to 70. The number of women members in the Constituent Assembly was 17, but after partition, the number of women was reduced to 15. Ammu Swaminathan (Madras), Annie Mascarene (Travancore), Dakshayani Velayudhan (Madras), Begum Aizaz Rasul, Durgabai Deshmukh, Hansa Jivraj Mehta, Kamla Chaudhary, Leela Roy, Malati Choudhury, Purnima Banerjee, Rajkumari Amrit Kaur, Renuka Ray, Sarojini Naidu, Sucheta Kriplani, and Vijalakshami Pandit were the 15 women members of the Constituent Assembly. The members of the Constituent Assembly met for the last time on 24 January 1950.

Sessions of the Constituent Assembly

First Session - 9 December to 23 December, 1946

Second Session - 20 January to 25 January, 1947

Third Session - 28 April to 2 May 1947

Fourth Session - 14 July to 31 July 1947

Fifth Session - 14 August to 30 August 1947

Sixth Session - 27 January 1948

Seventh Session - 4 November 1948 to 8 January 1949

Eighth Session - 16 May to 16 June 1949

Ninth Session - 30 July to 18 September 1949

Tenth Session - 6 October to 17 October 1949

Eleventh Session - 14 November to 26 November 1949

The making of the constitution

It took 2 years, 11 months and 18 days to finish the making of the constitution. The cost of the making of the constitution was 64 lakh rupees. The draft of the constitution was published in the leading newspapers of India on 28 February 1948 to know the public opinion. The final draft of the constitution was first presented by Ambedkar in the Constituent Assembly on 4 November 1948. The Constituent Assembly discussed it until 9 November 1948. The Constitution was read a second time in the committee (from 15 November 1948 to 17 October 1949) and about 7653 amendments were proposed in relation to it and 2473 of them were discussed. The constitution was read a third time on 14 November 1949 and after that B.R. Ambedkar moved a resolution to accept the constitution. The Constitution was accepted by the Constituent Assembly on 26 November 1949. Therefore, November 26 is celebrated as National Law Day in India. On January 24, 1950, 284 members of the Constituent Assembly signed the Constitution. Then, on January 26, 1950, the Constitution of India came into force. There is a historical fact to choose January 26 as Republic Day. According to the Lahore Session of 1929, the same day was celebrated as 'Purna Swaraj' Day in 1930. India was declared a Republic on January 26, 1950. Dr. Rajendra Prasad was the first President of India. When the Constitution of India came into force, there were 395 articles, 8 schedules and 22 parts. At present the constitution contains Preamble, 448 Articles, 12 Schedules, 25 Parts and 106 Amendments.

The layout of the manuscript of the Constitution prepared by Prem Bihari Narain Raizada was prepared by Nandalal Bose and Ram Manohar Sinha, artists of Santiniketan. The Hindi manuscript version of the Constitution was prepared by Vasant Krishan Vaidya and the layout of the Hindi manuscript version of the Constitution was prepared by Nandalal Bose.

Committees of the Constituent Assembly

Eight major committees and numerous minor committees were formed to carry out various responsibilities related to the constitution-making process.

Major Committees and Chairman

1. Union Power Committee – Jawaharlal Nehru

2. Union Constitution Committee – Jawaharlal Nehru

3. Provincial Constitution Committee – Sardar Vallabhbhai Patel

4. Drafting Committee – BR.Ambedkar

5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Vallabhbhai Patel

This committee had the following subcommittees:

- Fundamental Rights Sub Committee – JB.Kripalani

- Minorities Sub Committee – HC.Mookerjee

- North East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi

- Excluded and Partially Excluded Areas (Other than those in Assam) Sub Committee – AV.Thakkar

6. Rules of Procedure Committee – Dr.Rajendra Prasad

7. States Committee – ⁣Jawaharlal Nehru

8. Steering Committee – Dr.Rajendra Prasad

Minor Committees and Chairman

1. Committee for the function of the Constitution Assembly – ⁣GV.Mavlankar

2. Order of Business Committee – ⁣KM.Munshi

3. House Committee – ⁣Pattabhi Sitaramayya

4. Ad hoc Committee on the National Flag – Dr.Rajendra Prasad

5. Credentials Committee - Alladi krishnaswami Ayyar

6. Finance and staff committee - Dr.Rajendra Prasad

7. Committee on Chief Commissioners’ Provinces - ⁣Pattabhi Sitaramayya

8. Ad Hoc committee on Supreme court - S.Varadachari

9. Linguistic Provinces Commission - SK.Dhar

10. Press Gallery Committee - Usha Nath Sen

11. Ad Hoc committee on citizenship - S.Varadachari

12. Language Committee – ⁣Moturi Satyanarayana

13. Special Committee to examine the draft constitution - Jawaharlal Nehru

14. Expert Committee on Financial Provisions of the Union Constitution - Nalini Ranjan Sarkar

Those who described the Indian Constitution

1. Quasi federal - K.C. Wheare

2. Cooperative Federalism (need for national integrity and unity) - Granville Austin

3. Federalism with Centralizing tendency - Ivor Jenning

4. Bargaining Federalism - Morris Jones

5. Extremely Federal - Paul Appleby

6. Lawyer's Paradise - Sir Ivor Jennings

Nature and Salient Features of the Indian Constitution

Indian Constitution describes India as a Independent democratic Country. According to Constitution, a centralized federal administration system is existing in India. As per Constitution, india has a quasi-federal administrative system. The term 'federal' is not mentioned in any part of the Indian Constitution. According to indian constitution, It is easy for legislation when compared to the Amendment of Constitution. Some salient features of indian constitution are as follows.

Written Constitution

There are written and unwritten constitutions in the world. India has the largest written constitution in the world. The Unwritten constitution means that there is no documented constitution prepared in a book. In Unwritten constitutions, the laws and rules of administration was existed in the form of royal decree, court order, rituals and procedures. India is described by the constitution as a 'Union of States'. Unlike other federal constitutions, it contains the constitution of states also. It describe in detail many not so important subjects like elections, citizenship and administrative services. The constitutional Amendments have further added to the size of the constitution.

Both Flexible and Rigid

Indian Constitution is partly flexible and partly rigid. Some of its provisions can be amended by a simple majority of parliament while others require a two - third majority of parliament besides the accent of majority of state legislature.

Unitary and Federal

Indian Constitution is described as federal in term but unitary in spirit. Indian constitution is Quasi-federal. The word federal is however absent in the Indian constitution. The constitution establishes a federal structure in India. ie, there are separate governments of the union and states and there is a division of powers between the two. By giving more powers and prominence to the Union in comparison to states it impart unitary features.

Parliamentary Government

The Indian Constitution envisages a parliamentary democratic system of government. The people elected by the people act as a representative body for the country. This representative body is known as Parliament. A parliamentary system of government is a system of government in which the government is governed by a representative body elected by the people. The main function of Parliament is to make laws. India has opted for the parliament form of government. In the parliamentary system, the president is the nominal head and the council of ministers headed by the prime minister is the real executive. The council of ministers is collectively responsible to the Lok Sabha. In India, there are elected representative bodies at the Centre and in the states under the parliamentary system of government. Like the Parliament at the Centre, there are state legislatures in the states. If the Prime Minister and other ministers lose their majority in the Parliament, and if the Chief Minister and other ministers lose their majority in the state legislature, they cannot continue in power. The parliamentary system of government ensures the power and control of the people over the rulers through the representatives they elect.

Fundamental Rights

Fundamental Rights are the rights guaranteed by the Indian Constitution for the success of democracy and the all-round development of its citizens. Governments are responsible for ensuring that Fundamental Rights are not denied to citizens. If Fundamental Rights are violated, the citizen can approach the High Courts or the Supreme Court. In such cases, the Constitution empowers the courts to issue orders to protect the rights of the citizen.

Fundamental Duties

Fundamental Duties urge citizens to respect the Constitution and institutions of government, protect nature, and preserve India's great cultural heritage.

Directive Principles of State Policy

Directive Principles are a set of guidelines included in the Constitution as guidelines for the administration of the state to ensure social justice. Directive Principles must be followed for the welfare, prosperity and progress of the people. The government tries to implement Directive Principles through the legislative process. The court cannot be approached for the implementation of Directive Principles.

Rule of Law

The rule of law means that everyone is equal before the law. The rule of law developed in its refined and modern form through the British Constitution.

Independent Judiciary

Judiciary occupies an important place in our Constitution. India has an independent judiciary to protect the rights of its citizens. The main function of the judiciary is to punish criminals and ensure the rule of law. The judiciary is independent from the influence of the other two branches of government, the legislature and the executive. An independent judiciary is a feature of the Indian Constitution. It acts as protection of fundamental rights of indian citizens and guardian of the constitution.

Single Citizenship

In a federation there is usually double citizenship. Citizenship of the state in which he is born and the citizenship of the federation. But in India, there is single citizenship. Citizens belong to the Indian Union and not to any state.

Adult & Universal Franchise

The Indian Constitution provides for Adult and Universal franchise to all citizens. The voting right has been granted to every citizen of 18 years or more without any discrimination as to caste, creed, religion, race, sex or place of birth.

Secular State

India is a secular state because it makes no discrimination among individuals on the basis of religion. Right to freedom of religion is ensured in the constitution and people belonging to any religious group have the right to profess, practice or propagate any religion they like.

Features taken from other Countries in Indian Constitution

India has adopted for the federal form of government due its large size and socio cultural diversities, but the word federal does not find mention in the constitution. Instead, article 1, declares 'India', that is Bharat, shall be a union of states. Features taken from other Countries in Indian Constitution are as follows.

Government of India Act 1935

1. Separation of Powers

This Act divided powers between the central and state governments. This idea is reflected in the inclusion of three lists of powers in the Seventh Schedule of the Constitution of India: the Union List, the State List, and the Concurrent List.

2. Office of the Governor

The 1935 Act vested all executive powers of the province in the Governor. The provisions relating to the position of Governor in the Constitution of India are adopted from the 1935 Act.

3. Power of federal judiciary

The 1935 Act established a federal court. This served as a model for the structure and functioning of the Supreme Court during the framing of the Indian Constitution.

4. Emergency power

The provisions for emergency powers to be exercised by the Central Government were included in the 1935 Act. This concept has been incorporated into the Constitution of India.

5. Public Service Commissions

The concept of 'Public Service Commissions' for the selection of officials was included in the 1935 Act. This was also adopted in the Indian Constitution. That is, Public Service Commissions have been established in India at the Centre and in the states on the British model (the first form of the Central Public Service Commission was established in India in 1926).

6. Bicameral Legislature

The 1935 Act provided for a bicameral legislature at the Centre and in some provinces. This would lead to the formation of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) in the Indian Parliament. Some states also have bicameral legislatures (Legislative Assembly and Legislative Council).

The Britain

1. Law making procedure

In India, the legislative process begins with the introduction of a bill in either house of Parliament (Lok Sabha or Rajya Sabha). It then goes through the stages of debate, scrutiny, and voting. Finally, it is approved by the President with his assent. A similar process is followed in the states.

2. Rule of Law

The rule of law is a political and legal ideal in which all individuals and institutions in a country are subject to the same laws. The Constitution of India is the supreme law of the land. All actions of the government (legislative, executive, and judicial) must be consistent with it. The concept of 'Rule of Law' was coined by British jurist A.V. Dicey. The concept of Equality before law emerged from this concept.

3. Provisions of Single Citizenship

India has a system of single citizenship. That is, all citizens are citizens of India, regardless of their place of residence or birth, and they owe allegiance to the Indian Union.

4. Parliamentary Government

A parliamentary government is a democratic system in which the executive branch is responsible to the parliament (legislative assembly), which is formed by the party or coalition of parties that holds the majority of seats in parliament.

5. Prerogative writs

Prerogative writs are a type of legal order issued by a court to a government agency, officer or another court to compel it to take action that it should have taken or to prevent its inaction. It is an extraordinary legal remedy to ensure accountability and uphold the rule of law. In India, there are five types of writs for constitutional remedies: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. In case of violation of fundamental rights, citizens have the right to file writ petitions in the Supreme Court under Article 32 and in the High Court under Article 226 to establish them.

6. Parliamentary Privileges

Parliamentary privileges are special powers and protections granted to the Houses of Parliament, their committees, members and those involved in the proceedings of Parliament. This ensures the smooth functioning of the legislature. Members are protected from legal proceedings for anything said or voted in Parliament or its committees. Article 105 of the Constitution of India deals with this.

7. Pleasure Doctrine

A civil servant holds office at the pleasure of the President (for Union services) or the Governor (for State services). This implies the power to terminate their employment without assigning any reason or giving any prior notice. Article 310 of the Constitution states that every person serving the Union or a State holds office 'at the pleasure of the President' or 'at the pleasure of the Governor' respectively.

8. Institution of Prime Minister and Speaker and their roles

The positions of Prime Minister and Speaker have also been modeled after Britain. The Prime Minister presides over the Cabinet meeting and the Speaker presides over the Legislative Assembly. The Prime Minister is usually the Leader of the House. The Prime Minister is the government's chief spokesperson in Parliament and plays a crucial role in policy formulation and legislation.

9. More powers for the lower house

The Lok Sabha, the lower house of the Parliament, has been given more powers. The Lok Sabha is a body that reflects the will of the people, consisting of members who become members through direct elections. The Lok Sabha exercises complete control over the executive. On the other hand, the Rajya Sabha does not exercise any similar control. It is also a British tradition that a member of the lower house of the Parliament becomes the Prime Minister.

10. A head of state with nominal power

The Indian President has symbolic powers like the British monarch. The President acts on the advice of the Council of Ministers. This arrangement is also based on the British model. The President is the Constitutional Head of the State. However, the functional head is the Prime Minister. It can also be said that the President is the Head of State and the Prime Minister is the Head of Government. The President is the nominal or formal executive head of the country. As the head of the government, the real executive authority is the Prime Minister.

11. Structure of Civil Service

India has modeled its civil service structure on Britain. The civil service of independent India was modeled after the civil service that emerged in India during the British rule. The head of the civil service in the country is the Cabinet Secretary and the head of the civil service in the state is the Chief Secretary.

12. Cabinet System

In a parliamentary democracy, the Cabinet is the highest decision-making body in the government. It consists of the Prime Minister and other senior ministers appointed by the head of state. They are usually appointed by a president or monarch. The entire political system revolves around the Cabinet. India also follows the British system of the Prime Minister presiding over the Cabinet meeting. In India, the real executive power is exercised by the Council of Ministers headed by the Prime Minister.

13. Election Commission

The Election Commission in India is formed on the British model. The Constitution has guaranteed the Election Commission an independent status and extensive powers.

14. Office of the Comptroller and Auditor General (CAG)

India borrowed the concept of the title of Comptroller and Auditor General (CAG) from Britain. The Comptroller and Auditor General (CAG) is responsible for auditing all income and expenditure of the central and state governments, ensuring financial accountability and safeguarding public money.

15. Committee System

A method adopted by legislative bodies, it assigns specific tasks and responsibilities to small groups (committees) to facilitate efficient work and decision-making.

16. Collective responsibility

Collective responsibility means that cabinet members can take decisions for their own departments. Moreover, they are responsible to Parliament for the consequences. In India, Union ministers are individually responsible to the President and collectively to the Lok Sabha.

17. Equality before law

The concept of 'Equality before law', which is included in Article 14, is owed to Britain.

United States of America

1. Independent Judiciary

An independent judiciary means that judges are not subject to pressure, intimidation or interference from the government, political parties or other powerful institutions when making decisions. The judicial system in India is designed in such a way that judges can discharge their duties without fear or favour.

2. Judicial Review

This is the process of subjecting the executive, legislative, or administrative actions of the government to judicial review. This concept owes its origin to the United States.

3. Fundamental Rights

Fundamental rights are the basic and constitutionally guaranteed freedoms and rights that serve as a safeguard for citizens against arbitrary action by the state and ensure their dignity, well-being, and ability to lead a free and just life. The model for fundamental rights in India is taken from the American Constitution. The Indian Constitution includes six fundamental rights in Part III (there were seven fundamental rights at the time of its enactment. Later, in 1978, the right to property was removed from this list).

4. Removal of Supreme & High Court Judges (Impeachment)

The procedure for removing Supreme Court and High Court judges is also borrowed from the American constitution.

5. Preamble

A Preamble is a short introductory statement that explains the aims and purposes of the Constitution. India borrowed the idea of ​​including a Preamble in the Constitution from the American Constitution. The first sentence of the Preamble, which begins with We the People, is similar to the Preamble of the American Constitution. The United States of America was the first country to include a Preamble in its Constitution.

6. Vice President and his Functions

India borrows the post of Vice President from the United States. It is from the United States that the Vice President presides over the Upper House of Parliament.

7. Written Constitution

The idea of ​​a written constitution is owed to America. Britain, to which we owe the majority share of ideas, has an unwritten constitution.

8. Equal Protection of law

The concept of Equal Protection of Law is a feature taken from the constitution of United States. 'Equal Protection of Law' means that all people in similar situations, regardless of background or status, should be treated equally under the law and have equal access to justice and protection.

9. President as Supreme Commander of Armed Forces

The head of state is named the president and the president is empowered as the supreme commander of the armed forces, in imitation of the United States.

10. Removal of President (Impeachment)

Impeachment is the process of removing the president from office if he violates the constitution. The provisions for this are borrowed from the United States.

11. The Supreme Court has the power to interpret the Constitution.

The Supreme Court is the authority for interpreting the Constitution. This is also borrowed from American Constitution.

12. The Rajya Sabha of India is formed following the American Senate.

The Rajya Sabha, the upper house of Parliament, represents the states. It is similar to the American Senate. This is also structured in India on the American model.

13. The Indian head of state is named the President, following the American model.

14. The subordinate units of the Indian Union are named 'States', following the American model.

Canada

1. A Quasi Federal form of Government — Federation with a strong centre

In India, the center has more power. In America, states have the power to secede from the federation. This is not possible in India. India owes the idea of ​​a federation with a strong center to Canada. In Canada, states do not have the power to secede. Quasi-federal is the term used by political scientists to describe the system of government in India. This idea is due to Canada. The reason why the Indian system of government is called Quasi-federal or semi-federal is because it is a federal system that has the characteristics of a unitary state.

2. Residuary powers with the central government

Although the powers are divided between the Centre and the States, there may be issues that are not mentioned anywhere. These are called Residuary powers (example - Cyber ​​laws). The Centre has the power to make laws on these. This concept is adopted from Canada. Residuary powers are mentioned in Article 248 of the Constitution.

3. Appointment of State Governors by Center

The provisions regarding the post of Governor have been adopted from the Government of India Act of 1935. However, the method of appointing the Governor by the Centre has been adopted from Canada.

4. Advisory/Review Jurisdiction of the Supreme Court

India has emulated Canada in terms of advisory powers to the Supreme Court. Under this provision, the President can seek the opinion of the Supreme Court on general matters. The Supreme Court can then, after properly studying the case, give suitable advice to the President.

5. Union lists and State lists

The powers are classified into Union, State and Concurrent in the Seventh Schedule of the Constitution. The concept of Union and State Lists is adopted from Canada.

6. The idea of 'Union of States'

Ireland

1. Directive Principles of State Policy

India has emulated Ireland in implementing the Directive Principles of National Policy.

2. Method of Presidential Election

The method of electing the president has also been adopted from Ireland.

3. Nomination of members of Rajya Sabha by the President

Ireland is also a model for India in nominating eminent persons from the fields of art, literature, and science to the Rajya Sabha under Article 80.

Germany

1. Suspension of Fundamental Rights during Emergency

Most of the Emergency provisions are borrowed from the Government of India Act, 1935. However, the provisions regarding the abrogation of fundamental rights during a state of emergency are owed to the Weimar Constitution of Germany.

Australia

1. Concurrent list

The idea of ​​a Concurrent List, a list of subjects in which both the Centre and the states have the power to legislate, was borrowed from Australia.

2. Freedom of trade and commerce within the country and between the states

The ideas of freedom of trade and commerce between states within the country, and the power of the center to make laws to implement treaties, have been adopted from Australia.

3. Joint session of Parliament

Australia has also been used as a model for convening a joint session of both houses of parliament.

South Africa

1. Amendment Procedure

The ideas regarding constitutional amendment have been adopted from South Africa.

2. Election of Rajya Sabha members

India has imitated the proportional representation system for electing members to the upper house of parliament from South Africa.

France

1. Republic

The concept of Republic was adopted from France.

2. Liberty, Equality and Fraternity in the Preamble

The concepts of Liberty, Equality and Fraternity mentioned in the Preamble were adopted from France.

Russia

1. Fundamental Duties

The concept of Fundamental Duties was borrowed from the former USSR.

2. Social, Economic, and Political Justice in the Preamble

The concept of justice (Social, Economic, and Political Justice) in the Preamble is inspired by the Russian Revolution and the Constitution of the Soviet Union.

3. Planning and Five Year Plans

Despite its mention in the Constitution, India adopted the concept of the Planning Commission from the former USSR.

Japan

1. Procedures established by Law

The rules governing the Supreme Court of India and the concept of 'procedure established by law' are borrowed from the Japanese Constitution. Procedure established by law means that a law enacted by the legislature or a related body is valid only if the correct procedure for making it has been followed. Japan is another country that has influenced India in terms of fundamental Duties, apart from the USSR.

Preamble of Indian Constitution

The preamble is a brief introductory statement that sets out the guiding purpose and principles of the document. The Preamble to the Indian constitution is based on the objective resolution presented by Jawaharlal Nehru in the constituent assembly in 13 December 1946 and adopted by the constituent assembly on 22 January 1947. The preamble of indian constitution came into existence in 1950 January 26. Preamble refers to the introduction or preface to the constitution. It contains the summary or essence of the constitution. Preamble is non justifiable. Preamble serves the declaration of 

(1) The source of the constitution

(2) A statement of its objectives and

(3) the data of its adoption

The preamble page of constitution is designed by Ram Manohar Sinha. Preamble has four parts.

(1) Source of Authority of the Constitution

(2) Objectives of the Constitution

(3) Nature of Indian State

(4) Date of adoption of the Constitution

(1) Source of Authority of the Constitution

The Preamble states that the Constitution derives its authority from the people of India. According to the Indian Constitution, sovereignty is vested in the people of India.

(2) Objectives of the Constitution 

It specifies Justice, Liberty, Equality, Fraternity and Unity & Integrity as the objectives. The ideals of liberty, equality and fraternity enshrined in the preamble of the constitution of india were adopted under inspiration from french revolution. 

i. Justice - There are three types of justice in the Indian Constitution - Social Justice, Economic Justice and Political Justice. Social, economic and political justice is ensured in India through fundamental rights and directive principles. India has borrowed all these three justices from the Russian Revolution.

a. Social Justice - Justice that prevents discrimination in society on the basis of caste, religion, colour or gender.

b. Economic Justice - Justice that prevents discrimination on the basis of money or wealth.

c. Political Justice - Justice that ensures equality in political processes.

ii. Liberty - Freedom of thought, expression, belief, faith and worship that an individual enjoys through fundamental rights. Article 19 grants freedom to citizens through fundamental rights and Articles 25 - 28 provide for freedom of religion.

iii. Equality - All citizens of India are equal before the law. All citizens are equally protected by the law. The word equality means the absence of special privileges for any section of the society and providing adequate opportunities to all individuals without discrimination. It gives equality of status and opportunity and promote among them all.

iv. Fraternity - Promote Fraternity among all citizens. Fundamental rights guarantee the promotion of Fraternity. The word Fraternity in the preamble was suggested by B.R. Ambedkar.

v. Unity and Integrity - Ensures Unity and Integrity of Nation

(3) Nature of Indian State 

The Preamble of the Indian Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, and Republican Polity.

i. Sovereign - Sovereign means independence. It is free from the control of any foreign power. No external power can dictate the government of india. Sovereignty is the complete freedom of a country to decide on domestic and foreign affairs. This means that India has the power to legislate on any subject. India is an independent nation. India is not dependent on or subject to the dominion of any other country. Before August 15, 1947, India was a colony of the British Empire. India became a sovereign nation on January 26, 1950. As a sovereign nation, India can acquire a foreign territory or cede a territory in favor of another. India's membership in multilateral organizations such as the UNO and the Commonwealth of Nations does not compromise its sovereignty in any way.

ii. Socialist - It implies social and economic equality. Socialism means eliminating inequalities in income and standard of living. What exists in India is 'democratic socialism'. Not 'communist socialism' (also known as state socialism). Democratic socialism is credible in a mixed economy where public and private sectors exist.

iii. Secular - The Government respects all religions it does not uplift or degrade any particular religion. All individuals have the equal right to express, practice and propagate their religion. The aim of secularism is to give equal respect to all religions/to treat all religions equally/to give no importance to any religion. That is, all religions in our country have equal status and consideration.

iv. Democratic - The people of india elect their governments at all levels by universal adult franchise. The rulers and the administrative system of the nation are elected by the people. They are responsible to the people.

v. Republic - A nation with an elected head of state is called a republic. Head of the state is elected directly or indirectly for a fixed tenure. In a democratic nation, the head of state is elected by the people, either directly or indirectly. The head of state should be elected periodically (once every 5 years).

(4) Date of adoption of the Constitution 

It stipulates November 26, 1949, as the date of its adoption.

Comments on Preamble

1. Preamble is the “political horoscope” of the Indian Constitution - K. M. Munshi

2. Preamble is something that expresses “what we thought for or dreamt for so long” - Sir Alladi Krishnaswami Ayyar

3. Preamble is the Key to constitution - Earnest Barker

4. Preamble is the Identity card of the Constitution - N.A.Palkhivala

5. It is the soul of the Constitution, It is the key to constitution, It is the gem of constitution, It is the right yardstick by which to measure the value of the Constitution. - Thakurdas Bhargav

Cases related to Preamble

1. Berubari case (1960)

In Berubari case, the Supreme Court hold that the Preamble was not a part of the Constitution. In this case, the Supreme Court said that 'the Preamble is the key to understanding the minds of the framers of the Indian Constitution'.

2. Keshavananda Bharati case v/s States of Kerala (1973) 

In Keshavananda Bharati case, the Supreme Court gave a ruling that the preamble was a part of the constitution. The question of whether the Preamble can be amended under Article 368 of the Constitution was first raised in the historic Kesavananda Bharati case. In this case, the Supreme Court held that the Preamble is part of the Constitution. The court also said that the opinion given in the Berubari case (1960) in this regard was wrong. The Preamble can be amended subject to the Constitution without making any amendment in the 'fundamental features'. In other words, the court held that the basic elements or fundamental features of the Constitution contained in the Preamble cannot be changed by an amendment under Article 368. The judgment in the Kesavananda Bharati case was pronounced on 24 April 1973.

3. Union of India v/s LIC of India (1995)

The judgment in this case was that the Preamble is part of the Constitution of India.

Is preamble enforceable by a court of law?

Ans: No, the preamble of the constitution is a part of constitution, but it is not enforceable by courts. Therefore the preamble is non-justible. That means courts cannot pass orders against government to implement the ideas contained in the preamble.

How many times preamble was amended? 

The Preamble of the Constitution has been amended only once. The 42nd Constitutional Amendment Act of 1976 added the words socialism and secularism and replaced the phrase 'unity of the country' with 'unity and integrity of the country'. This amendment came into force on 3 January 1977. Indira Gandhi was the Prime Minister and Fakhruddin Ali Ahmed was the President, When the Preamble was amended.

Important Ideas of the Objective Resolution

• India is an independent and sovereign republic.

• India shall be a union of the British Indian territories, the Indian princely states and such other parts of British India as may be deemed to be part of the Union.

• All the territories constituting the Union, except those which are assigned or reserved to the Union, shall be self-governing units and shall exercise all the powers and functions of government and administration.

• All the powers of the independent sovereign India and of the Constitution shall emanate from the people.

• Social, economic and political justice; equality of status and opportunity; equality before the law; and fundamental freedoms of speech, expression, belief, worship, employment, association and action shall be guaranteed and protected to all the people of India, subject to law and public morality.

• Adequate protection shall be given to minorities, backward tribal areas, oppressed and other backward classes.

• The territorial integrity of the Republic and its sovereign rights over land, sea and air shall be maintained in accordance with justice and law.

• This nation shall act completely and impartially for the sake of world peace and the well-being of mankind.

PARTS OF INDIAN CONSTITUTION

PART I - Union and its Territory (Article 1 - 4)

Part I of the Constitution defines India as a 'Union of States' and its territories. It empowers Parliament to establish new states, or modify existing ones. It comprises of four articles. When the constitution came into force on January 26, 1950 India become a Union of States with extensive autonomy and Union Territories administered by the Centre. Under the constitution there were four kinds of states - Part A, Part B, Part C and Part D States.

Part A states - the former Governor's provinces of British India.

Part B states - former princely states

Part C states - former Chief Commissioner's provinces and a few princely states.

Part D states - It contained the state led by lieutenant governor.

The voting right has been granted to every citizen of 18 years or more without any discrimination as to caste, creed, religion, race, gender or place of birth. Demand of states on linguistic basis was developed even before independence of india. 

Reorganisation of States

The Constituent Assembly appointed the S K Dhar Commission in November 1947 to study the issue of the reorganisation of the states on linguistic basis. The commission preferred reorganisation for administrative convenience rather than on linguistic basis. In December 1948, JVP Commission (Jawaharlal Nehru, Vallabhabhai Patel, Pattabhi Sitaramayya) was appointed to solve the issue. It also didn't favour the idea of the linguistic reorganisation. The movement to create states based on languages gained momentum in the early 1950s starting with the demand for a separate state for Telugu - speaking people. But due to the violent agitation, fast and death of Potti Sriramulu, the government was forced to create Andhra Pradesh as the first state on language basis in 1953. As the agitation took a violent turn to States Reorganisation Commission under Fazal Ali was appointed and it accepted the language as the basis of the reorganisation of the states. On the basis of its report, the States Reorganisation Act of 1956 was passed. The act came into effect on November 1, 1956. Under this Act and seventh constitutional amendment act the distinction between Part A, B and C states was eliminated and state boundaries were reorganised and new states and Union Territories were created or dissolved. As a result 14 states and 6 Union Territories were created on November 1, 1956. Now there are 28 states and 8 union territories in India. Article 3 lays down that Parliament may form new states, reduce or extend the areas of states and change the name and the boundaries of states. A bill related to the above matters can be introduced in the parliament only with the prior recommendations of the President who shall consult the concerned states before giving his recommendations. Language continued to be the basis for new states. Chhattisgarh, Uttarakhand and Jharkhand were created in 2000 and Telangana was created in 2014.

Articles 1 - 4 of Indian Constitution

Article 1

Articles 1 of the Constitution defines India as a 'Union of States' and its territories. Article 1 divides the territory of India into states, union territories and territories acquired by the Government of India. The power to form a new state lies with the Parliament.

Article 2

Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

Article 3

Article 3 deals with the formation of new states. The powers conferred on the Parliament by Article 3 are as follows:

■ A new state may be formed by the separation of territory from any state or by the amalgamation of two or more states or parts of states.

■ The area of ​​any state may be increased.

■ The area of ​​any state may be reduced.

■ The boundaries of any state may be altered.

■ The name of any state may be changed.

Article 4

Laws created in accordance with Articles 2 and 3 that change the First and Fourth Schedules as well as other additional, incidental, and consequential matters.

PART II - Citizenship (Article 5 - 11)

A person becomes a part of the nation legally when he or she has citizenship. The Indian Constitution envisages a single citizenship. India has borrowed the concept of single citizenship from Britain. Article 5 - 11 of the constitution deals with the Citizenship of India. Citizenship in India is granted by the Union Ministry of Home Affairs under the Government of India. The acquisition or loss of citizenship was not mentioned in the Constitution. The Constitution empowers the Parliament to make provisions related to citizenship. Accordingly, the Parliament passed the Citizenship Act (1955). The Government of India also has the power to revoke citizenship.

Articles 5 - 11 of Indian Constitution

Article 5 - Citizens at the time of the coming into force of the Constitution.

Article 6 - Rights to citizenship of those who migrated to India from Pakistan.

Article 7 - Rights to citizenship of those who migrated to Pakistan after 1947 and returned to India and became citizens of India.

Article 8 - Rights to citizenship of certain persons born in India and residing outside India.

Article 9 - Persons who intentionally acquire foreign citizenship under this Article shall not be citizens of India.

Article 10 - Continuation of rights to citizenship.

Article 11 - Rights to citizenship may be regulated by Parliament by law.

Acquisition of Citizenship in India

Citizenship can be acquired by Birth, Descent, Registration, Naturalization and Incorporation of Territories.

1. By Birth

Any person born in India on or after 26th January 1950 but before 1st July 1987, irrespective of the nationality of his parents, shall be considered an Indian citizen. A person born on or after 1st July 1987 shall acquire Indian citizenship by birth only if one of his parents is an Indian citizen. A person born in India on or after 3rd December 2004 shall not acquire Indian citizenship unless both his parents are Indian citizens or if one of the parents is an Indian citizen and the other is an illegal immigrant. However, citizenship shall be acquired if one of the parents is an Indian citizen and the other is a legal immigrant. Children of foreign diplomats posted in India shall not acquire citizenship by birth.

2. By Descent

A person born outside India on or after 26 January 1950 but before 10 December 1992 can acquire citizenship by descent if his father was an Indian citizen at the time of birth. A person born outside India on or after 10 December 1992 can acquire citizenship by descent if either of his parents was an Indian citizen at the time of birth. A person born outside India after 3 December 2004 cannot acquire citizenship by descent. To acquire citizenship, the birth must be registered with the Indian Consulate in the country concerned within one year of birth.

3. By Registration

Categories of Citizenship by Registration

• A person of Indian origin who has been resident in India for seven years before applying for registration.

• A person of Indian origin residing outside undivided India.

• ​​A person married to an Indian citizen and who has been resident in India for seven years before applying for citizenship.

• Minor children of Indian citizens.

• Adult children of Indian citizens.

• One of the parents is an adult Indian citizen. He must have been resident in India for at least 12 months before applying for citizenship.

• An adult applicant for citizenship must have been a registered OCI (Overseas Citizen of India) cardholder for five years and must have been resident in India for twelve months at the time of application.

4. By Naturalization

Categories of Citizenship by Naturalization.

• ​​The applicant is a citizen of any country which denies citizenship to Indians or the applicant is a citizen of any country and renounces his previous citizenship on the acceptance of his application for citizenship in India.

• ​​​​A person who has resided in India or worked in the service of the Government of India for a period of twelve months immediately preceding the application for citizenship.

• ​​A person who has resided in India or worked in the service of the Government of India for a period of fourteen years immediately preceding the above twelve months or has spent a total of at least eleven years in India, partly in one and partly in the other.

• ​​The applicant is a person of good character.

• ​​A person who has sufficient knowledge of any of the languages ​​specified in the Eighth Schedule to the Constitution.

• ​​If, while acquiring citizenship by permanent residence, he intends to reside in India or work in the service of the Government, or if he intends to work in any international organization of which India is a member, or if he intends to work in any society/company/institution in India.

Every citizen who acquires citizenship through naturalization must take an oath to uphold the Constitution of India. Mother Teresa became an Indian citizen through naturalization in 1951. Laurie Baker, known as the Gandhian Architect, became an Indian citizen through naturalization in 1989.

5. By Incorporation of Territories

As soon as any territory or area not part of India is incorporated into the Indian Union, the people of those territories acquire Indian citizenship.

Note : Those who are citizens by birth in India and those who have acquired Indian citizenship can contest for the president of India. However, only a person born in the USA is eligible to contest for president in USA.

Loss of Citizenship in India

Citizenship can be lost by Renunciation, Termination and Deprivation.

1. By Renunciation

Voluntary renunciation of citizenship. Any adult and capable Indian citizen can renounce citizenship by making a declaration.

2. By Termination

If an Indian citizen acquires the citizenship of another country with his own knowledge and consent, his Indian citizenship ceases.

3. By Deprivation

The circumstances in which the Central Government can deprive a person of citizenship.

• If a citizen has acquired his citizenship fraudulently.

• If a person shows disrespect for the Constitution of India.

• ​​If a person maintains relations with an enemy country during wartime.

• If a person who has acquired citizenship by permanent residence or by registration for citizenship, has been imprisoned for two years in any country within five years.

• If he has been permanently resident outside India for 7 consecutive years.

Legislation of Citizenship

Under Indian law, only a person with Indian citizenship can vote in Lok Sabha and Assembly elections, and the Indian Parliament has the power to make laws regarding citizenship. The Indian Citizenship Act 1955 defines the citizenship of India after the commencement of the Constitution. The Indian Citizenship Act was passed by the Parliament in 1955. The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, Citizenship (Amendment) Act 2005 and the Citizenship (Amendment) Act 2019. The first Citizenship Act of 1955 also provided for Commonwealth citizenship. However, this right was revoked by the Citizenship Amendment Act of 2003. The Indian Citizenship (Amendment) Act 2019 was passed by the Parliament in 2019 and the bill came into force from 2020 January 10. This is a law that grants citizenship to Hindu, Sikh, Buddhist, Jain, Parsi and Christian religious minorities who came to India before December 31, 2014 as illegal immigrants from Pakistan, Afghanistan and Bangladesh. 

Political rights available to an Indian citizen

• Right to vote

• Right to contest elections

• Right to form organizations

• Right to criticize the government

• Right to hold public office

Fundamental rights available to an Indian Citizen

Article 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28 defines the fundamental rights available for indian citizens and foreign citizens excepts for citizens of enemy countries. Article 15, 16, 19, 29, 30 defines the fundamental rights only for indian citizens.

L.M. Singhvi Committee

The L.M. Singhvi Committee was formed by the Indian Ministry of External Affairs in September 2000 to study the Indian diaspora and to maintain their coexistence. Indian diaspora means people of indian origin settled in foreign countries. The idea of ​​'dual citizenship' in India was proposed by the L.M. Singhvi Committee. The committee submitted its report in January 2002. Singhvi Committee recommended for the creation of OCI (Overseas Citizenship of India).

VISA (Visitors Intention of Staying Abroad)

VISA is granted by the Indian Government for foreigners to visit, study or work in the country.

PIO (People of India Origin) Card 

Indian Origin people settled anywhere in india can apply for PIO card. Once they get this card they can visit India without a VISA. The Government of India launched the PIO (People of Indian Origin) Card scheme on March 30, 1999. This scheme came into effect in 2002.  A person who obtains a PIO card can visit India without a visa, take admission in Indian schools and colleges, and work in India. On January 9, 2015, the PIO card scheme was merged with the OCI scheme.

Overseas Citizenship of India (OCI) Card

The Overseas Citizenship of India scheme was launched in 2006. The Indian Constitution provides for a single citizenship for Indian citizens and dual citizenship is not allowed. OCI was formed with the idea that by granting Overseas Citizenship to people of Indian origin in other countries. The Indian government formed this idea by amending the Citizenship Act of 1955. Currently, Overseas Citizenship is granted to people of Indian origin from 16 countries. OCI is available to those born in India on or after January 26, 1950, except for citizens of Pakistan and Bangladesh, and who currently have foreign citizenship. OCI cardholders are granted a lifetime visa to visit India. OCI cardholders do not have any political rights in India and are also not entitled to the equality of opportunity guaranteed by the Constitution (Article 16).

Part III - Fundamental Rights (Article 12 - 35)

India is the world's largest democracy. India guarantees rights that are essential components of a democratic society. The most essential of these rights are enshrined in the Indian Constitution as Fundamental Rights. Fundamental rights are the basic rights of a citizen, which is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all indians can lead their life in peace and harmony as citizens of india. The Fundamental Rights are defined as basic human freedoms which every indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or gender. They are enforceable by the courts subject to certain restrictions. Fundamental rights are rights that cannot be denied to an individual under any circumstances. Fundamental rights are a set of rights that are specifically protected in the Constitution. The Constitution stipulates that even the government cannot violate them. If fundamental rights are violated, the person who became the victim has the right to go directly to the highest court and get justice. The Supreme Court is known as the 'protector of fundamental rights'. The instrument for the protection of fundamental rights is known as writs. The Legislatures of the states do not have power to enact laws with respect to Fundamental Rights and only the Parliament has such a right. Fundamental rights can be suspended during an emergency by the Parliament. The President has the power to revoke fundamental rights during the period of emergency. The Rights have their origins from many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. Part III of the Constitution has been described as the cornerstone of the Constitution, the Magna Carta of India, and the beacon of freedom. Originally there were seven Fundamental Rights in the Constitution, but the Right to Property was made a legal right under Article 300A by 44th Amendment 1978. At present there are only six Fundamental Rights in the Constitution. They are

1. Right to Equality (Article 14 - 18)

2. Right to Freedom (Article 19 - 22)

3. Right against exploitation (Article 23 - 24)

4. Right to Freedom of Religion (Article 25 - 28)

5. Cultural and Educational Rights (Article 29 - 30)

6. Right to Constitutional Remedies (Article 32)

Right to Education - Article 21A declares that the state shall provide free and compulsary education to all children of the age of 6 to 14 years. So now elementary education is a fundamental right added by the 86th Constitutonal Amendment Act of 2002.

Right to Property - When the Indian Constitution came into force, the right to property was a fundamental right. Currently, the right to property is a legal right. Right to Property was removed from the fundamental rights by the 44th Constitutional Amendment of 1978. The 44th Constitutional Amendment came into force in 1979. Right to Property was added to the Constitution in Article 300A of Part XII. Right to Property was earlier mentioned in the Constitution in Article 31. Articles 31A, 31B, 31C are still in force.

Origins

In the Madras Conference of 1927, it was declared that the Declaration of Fundamental Rights would be the basis of the future Indian Constitution. M.A. Ansari was the President of the Madras Conference. In 1928, the Motilal Nehru Committee demanded a Bill of Rights. In the Karachi Conference of 1931, a resolution on Fundamental Rights was passed. The resolution was written and drafted by Jawaharlal Nehru. Sardar Vallabhbhai Patel was the President of the Karachi Conference. Sardar Vallabhbhai Patel is known as the architect of Fundamental Rights.

Article 12 - 35 of Indian Constitution

Article 12 - Definition of States

Article 13 - Laws that violate or deviate from fundamental rights

Article 14 - relates to Right to Equality

Article 15 - Prohibition of discrimination on the basis of caste, religion, color, sex, or place of birth 

Article 16 - Equal opportunity in public employment

Article 17 - abolishes the practice of untouchability

Article 18 - prohibits the state from confering any title

Article 19 - deals with six freedoms of indian citizens namely, freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement throughout the territory of india, freedom of residence and settlement in any part of india and freedom of occupation.

Article 20 - protection for those found guilty of crimes

Article 21 - provides protection to life and liberty to all persons

Article 21A - right to elementary education

Article 22 - affords protection against arbitrary arrest and detention

Article 23 - prohibits the traffic in human beings and beggars. (making a person work without wages or adequate compensation)

Article 24 - probibits the employment of children below 14 years of age.

Article 25 - religious freedom and the freedom to practice, profess, and spread religion

Article 26 - the right to control religious matters

Article 27 - freedom to pay taxes for the advancement of any certain religion

Article 28 - freedom to participate in religious worship or instruction in specific educational institutions

Article 29 - preserving minorities' interests

Article 30 - minorities' right to create and run educational institutions

Article 31 - mandatory property acquisition (omitted)

Article 31A - preservation of legislation pertaining to the purchase of lands, etc.

Article 31B - approval of certain Acts and Regulations

Article 31C - saving laws that implement certain directive principles is covered

Article 31D - laws pertaining to anti-national acts are saved (omitted)

Article 32 - right to constitutional remedies described as 'the heart and soul of the constitution' by Dr.BR.Ambedkar.

Article 32A - state laws' constitutionality will not be taken into account in Article 32 procedures (Omitted)

Article 33 - parliament's authority to change the rights granted by this section in relation to forces, etc.

Article 34 - limitations on the rights granted by this Part in any region where military law is in effect

Article 35 - laws to implement this part's requirements 

Significance and Characteristics of Fundamental Rights

• During the framing of the Constitution, a list of rights that should be specially protected was included in the Constitution. They are known as Fundamental Rights.

• Some of the fundamental rights are reserved for citizens only. Some are reserved for citizens, foreigners and legal entities such as corporations/companies.

• Fundamental rights are neither absolute nor unlimited. They are subject to conditions. The government can impose reasonable restrictions on them. The courts decide whether such restrictions by the government are reasonable or not.

• Fundamental rights act as a protective shield for the citizen against arbitrary actions of the state.

• Some of the fundamental rights are negative in nature. They limit the freedoms of the administrative bodies. Others are positive in nature. They give certain privileges to the individuals.

• Fundamental rights are justiciable. A citizen can approach the court to enforce fundamental rights and can directly file a case in the Supreme Court or the High Court for the protection of fundamental rights.

• A fundamental right is not something that can be restricted by Parliament through ordinary law. It requires a constitutional amendment. Parliament can amend fundamental rights in a way that does not affect the basic structure of the Constitution.

• In the event of a national emergency, the government can restrict fundamental rights except Articles 20 and 21. To restrict the six fundamental freedoms under Article 19, there must be circumstances such as war or foreign invasion.

• Since Fundamental Rights are very important, the Constitution ensures that the government itself does not violate them.

• Generally, while ordinary laws protect and enforce legal rights, it is the Constitution of the country that protects and guarantees fundamental rights.

• While ordinary laws can be amended through a simple procedure, amendment of fundamental rights is possible only through a constitutional amendment.

• The judiciary is the branch that has the power to declare such actions illegal if the actions of the executive and legislative branches violate fundamental rights or restrict them in an unfair manner

Rights other than Fundamental Rights of Part III

• In addition to the fundamental rights included in Part III, the Constitution also grants certain other rights to the citizen - also known as constitutional rights, statutory rights or non-fundamental rights.

• The main rights of this kind are

i. No tax shall be levied or collected except by lawful authority. (Article 265, Part XII)

ii. No person shall be deprived of his property except by lawful authority. (Article 300A, Part XII)

iii. Trade, commerce and sale shall be free throughout India (Article 301, Part XIII)

iv. Right to vote for adults (Article 326, Part XV)

• In case of violation of such rights, ordinary legal protection is granted by the High Court.

Definition of State (Article 12)

The state includes the Union Cabinet, Parliament, State Cabinet, Legislative Assembly, Local Self-Government Institutions, Government and Semi-Government Institutions. This includes statutory and non-statutory authorities. The Supreme Court has clarified that even private institutions that fall within the jurisdiction of the state under Article 12 are included within the jurisdiction of the state. Therefore, if fundamental rights are violated by their actions, legal aid can be sought against any of these.

Article 12 defines ‘State’ as:

1. Union Government

The Union Government is the national authority of the Republic of India, consisting of 28 states and 8 union territories. Indian Government and Indian Parliament (Lok Sabha, Rajya Sabha) are the executive and legislative branch of the Union Government according to Constitution.

2. State Governments:

State governments are the level of governance in India below the central government. The role of the state government is to govern each of the country's states. State Government and State Legislatures (Legislative Assembly, Legislative Council) and Local authorities (Municipalities, Panchayats, District Boards, Improvement Trusts, Mining Settlement Boards etc) are the executive and legislative branches of the State Governments according to Constitution.

3. Statutory Authorities:

The parliament authorizes statutory authorities. They hold the power to pass legislation on behalf of the country or a state. National Human Rights Commission, National Commission for Women, National Law Commission, National Green Tribunal, Armed Forces Tribunal etc are examples of National Statutory Authorities.

4. Non-Statutory Authorities:

Non-statutory authorities are organizations that does not have any legal powers and is not created by an act of parliament. They get their powers from an executive order issued by the central or state government. NITI Aayog, National Development Council, Central Bureau of Investigation, Central Vigilance Commission, Lokpal, Lokayuktas etc are examples of Non-Statutory Authorities.

Definition of Law / Judicial Review (Article 13)

The Supreme Court (Article 32) and the High Court (Article 226) have the power to nullify laws passed by Parliament or state legislatures or government orders if they violate fundamental rights. India has borrowed the concept of judicial review from the American Constitution. Under Article 13, constitutional amendments are excluded from the ambit of law. Therefore, it is not normally possible to nullify a constitutional amendment through legal proceedings. The court can use the power of judicial review in matters concerning the Centre and the states. The term judicial review is not mentioned anywhere in the Constitution. The Supreme Court has the power to nullify any law if it is against fundamental rights. In the case of federal principles, the Supreme Court has the power to subject that law to judicial review if it is against the separation of powers as prescribed by the Constitution.

Example - If any state feels that a law made by the central government falls under the State List, they can approach the Supreme Court. If the Supreme Court is satisfied that their position is correct, the Supreme Court will declare that law unconstitutional.

Right to Equality (Article 14 - 18)

ARTICLE 14 - EQUALITY BEFORE LAW, EQUAL PROTECTION OF LAW

Article 14 states Equality before the law and equal protection of the law.

i. Equality before the law: No citizen shall be given special treatment before the law.

ii. Equal protection of the law: Laws made in India shall protect all citizens equally.

Article 14 of the Constitution states “No person shall be denied equality before the law and equal protection of the law within India.” Equality before the law is a concept of British Common Law. and Equal protection of the law is a concept from the US Constitution.

In addition to Indian citizens, foreign citizens and legal entities such as statutory corporations/companies/registered societies are also entitled to these rights. Position exempted from the constitutional principle of equality under Article 14 is President/Governor. Equality before law is a negative concept and equal protection of laws is a positive concept. The Supreme Court has defined Article 14 as one of the fundamental elements of the Constitution. Therefore, Article 14 cannot be removed or its basic characteristics can be changed by constitutional amendment.

Exceptions to Equality Before Law

Rights granted to the President or Governor of India under Article 361

• The Governor or President is not bound to disclose to the court any matters or plans of action falling within his jurisdiction.

• No court can initiate criminal proceedings against the President or Governor as long as they continue to hold that position in equality before law.

• No court can issue any order for the arrest or imprisonment of the President or the Governor during their term of office.

• No court can take any civil action against any act of the President or the Governor without giving at least 2 months' notice to the President or the Governor.

Rights granted to Others

• Article 361A provides that no civil or criminal proceedings shall be instituted against any person on the ground that a report of an honest incident in Parliament or the Legislative Assembly has been circulated in the press, on radio or on television.

• Article 105 provides that no court proceedings shall be instituted against any member of any committee of Parliament for having voted in favour of any measure or for having made any statement.

• Article 194 provides that no legal action shall be taken against any member of the Assembly or any committee for having voted in favour of any measure or for having made any statement.

• Article 31C is separate from the scope of Article 14: The rules for implementing the Directive Principles are explained in Clauses B and C of Article 39. This cannot be questioned as a violation of Article 14 in any way. The Supreme Court has said that “Article 14 goes out when Article 31C comes in”.

• Foreign rulers, ambassadors and diplomats cannot be subjected to criminal or civil proceedings.

• Members of the UNO and its other agencies cannot be subject to legal proceedings.

ARTICLE 15 - PROTECTION FROM DISCRIMINATION

• Article 15 (1) - The article prohibits discrimination on the grounds of religion, race, caste, sex and place of birth. This right is intended to embody Gandhiji's theory of social equality.

• Article 15 (2) - It states that no citizen shall be discriminated against on the grounds of religion, race, caste, sex or place of birth or any of them.

(a) Access to shops, public eating places, hotels and places of public entertainment or

(b) Use of wells, ponds, bathing-places, streets and public places of rest which are wholly or partly owned by the State or are dedicated for the use of the public.

• Article 15 (3) - Special treatment given to women and children under Article 15(3) is not considered discrimination.

• Article 15 (4) - Under Article 15 (4), special consideration is not discrimination for socially and educationally backward citizens and for Scheduled Castes and Scheduled Tribes.

• Article 15 (5) - Under Article 15 (5), priority is given to members of socially or educationally backward classes and Scheduled Castes and Scheduled Tribes in admission to educational institutions.

• Article 15 (6) - Under Article 15 (6), reservation of up to 10% seats is mentioned for economically backward classes among forward communities (EWS).

ARTICLE 16 - EQUALITY OF OPPORTUNITY

Equality of opportunity is ensured in public appointments. Two things are mentioned in the Preamble of the Constitution of India regarding equality - equal status and equal opportunity. Equality of opportunity means that all sections of society should enjoy equal opportunities, but the Constitution makes it clear that the government can implement special schemes and measures for the upliftment of certain backward sections (socially and economically backward, women, children).

• Article 16 (1) - The article that states that all citizens shall have equality of opportunity in matters relating to life under the State or to appointment to any office.

• Article 16 (2) - The article that states that no citizen shall be disqualified or be subject to discrimination in respect of life or office under the State on the ground of religion, race, caste, sex, race, place of birth, place of residence or any of them.

• Article 16 (3) - The article that states that Parliament has the power to make provisions in government appointments with respect to place of residence.

• Article 16 (4) - The article that deals with making any provision for reservation of appointments or posts for any backward class of citizens who have not been adequately represented in the services under the State.

• Article 16 (5) - The article states that reservation in government institutions for religious persons belonging to that religion is constitutionally permissible.

• Article 16 (6) - The article states that reservation in government appointments for economically backward classes (EWS) does not fall within the ambit of equality of opportunity.

ARTICLE 17 - ABOLITION OF UNTOUCHABILITY

Article 17 is the article that prohibits untouchability. Untouchability is a primitive form of inequality. The Supreme Court has made it clear that it is the constitutional duty of the state to take necessary steps to ensure that the right under Article 17 is not violated. The year the Untouchability Prohibition Act came into force was 1955. The Untouchability Prohibition Act was renamed the Protection of the Civil Rights Act by the amendment of 1976. The term 'untouchability' is not defined in the Constitution or in this Act. Article 17 was passed with the slogan 'Mahatma Gandhi Ki Jai'. 

ARTICLE 18 - ABOLITION OF TITLES (PROHIBITION OF TITLES)

• Article 18 (1) - Prohibits the addition of any honors to one's name, except military or educational.

• Article 18 (2) - No honors obtained from abroad shall be added to one's name by an Indian citizen.

• Article 18 (3) - No foreigner holding an office in the Government of India shall be allowed to add to one's name the honors of another country without the permission of the President.

• Article 18 (4) - No person, whether an Indian citizen or a foreigner, holding any office under the Government of India shall accept any award or other high office from a foreign country without the permission of the President.

Balaji Raghavan v/s Union of India (1996)

The Supreme Court held in this case that the Bharat Ratna and Padma awards do not fall within the headings mentioned in Article 18.

Right to Freedom (Article 19 - 22)

Right to Freedom can be described as the backbone of Fundamental Rights. Freedom means freedom of thought, expression and their exercise.

ARTICLE 19 - FUNDAMENTAL FREEDOMS

Six fundamental freedoms are included in this article.

1 Article 19(i)(a) - Freedom of speech and expression.

2. Article 19(i)(b) - Freedom of peaceful assembly and unarmed assembly.

3. Article 19(i)(c) - Right to form organizations and movements. (Freedom to form cooperative societies was also provided by the 97th Amendment of 2011.)

4. Article 19(i)(d) - Freedom to move throughout India.

5. Article 19(i)(e) - Freedom to reside anywhere in India.

6. Article 19(i)(g) - Freedom to engage in any occupation of one's choice, to start and carry on one's own business or trade.

Note: Article 19(i)(f) - Freedom related to property (removed from the Fundamental Rights by the 44th Amendment.)

These six rights are available only to citizens of the country and shareholders of companies in the country. They are not available to foreigners. These six rights are protected only from the actions of the state. Article 19 is repealed during the state of emergency under Article 358.

Six Fundamental Freedoms to all Citizens

1. Freedom of speech and expression

Every citizen has the freedom to express his or her own ideas. This freedom is not unlimited. It is not the freedom to do as one pleases or desires. It is subject to government control (Article 19(2)). Freedom of expression is not permitted in a way that disrupts the peace, incites violence, causes defamation, or is contempt of court. According to the Supreme Court's criteria, freedom of expression includes:

• The right to disseminate one's views or the views of others.

• Freedom of the press.

• Freedom of commercial advertisements.

• The right not to have telephone conversation leak.

• Freedom of broadcasting, meaning that the government does not have a monopoly on electronic media.

• ​​The right against a harthal called by a political party or organization.

• The right to know about the activities of the government.

• The freedom to remain silent.

• The right against pre-censorship of a newspaper.

• The right to demonstrate or picket (not the right to strike).

2. Freedom of Assembly

The Constitution guarantees the right to assemble peacefully. The right to hold processions is also included in freedom of assembly. Freedom of assembly is also subject to government control (Article 19(3)). Under Section 144 of the Criminal Procedure Code (1973), a magistrate has the power to prohibit any assembly that is likely to endanger life, health or safety of a person or to cause disorder.

3. Freedom of Association

The Constitution provides for freedom to form associations and unions freely. This includes the freedom to form trade unions. However, it prohibits the formation of associations for illegal or anti-national purposes. Similarly, government employees can only join associations in accordance with the service rules. This provides freedom not to form or join a union or association. This freedom is also subject to government control (Article 19(4)).

4. Freedom of Movement

Every citizen has the right to move freely anywhere in India. However, the state can impose restrictions on freedom of movement for the protection of the Scheduled Tribes. Freedom of movement has two levels.

i. Internal movement (right to move within the country)

ii. External movement (right to leave the country and return to the country)

Article 19 deals with internal movement and Article 21 deals with international movement.

5. Freedom of Residence

Citizens have the right to reside permanently in any part of India. However, the state may restrict freedom of residence for the public good and for the welfare of the tribals. This right has two parts.

i. Right to reside temporarily in any part of the country

ii. Right to reside permanently in any part of the country

Freedom of movement and freedom of residence are subject to the control of the government (Article 19(5)).

6. Freedom of Occupation, Trade or Business

The Constitution guarantees the freedom of Indian citizens to take up any occupation and to carry on any trade or business of their choice. However, citizens do not have the right to engage in any occupation or trade that is considered by the society to be oppressive. This freedom is also subject to the control of the government (Article 19(6)).

ARTICLE 20 - PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES

Article 20 of the Constitution provides for the protection in respect of conviction for offences. Articles 20 and 21 are articles that cannot be repealed even during a state of emergency.

• No ex post facto law - Criminal laws cannot be passed with retrospective effect. A person who violates the existing law is a criminal. That person cannot be subjected to a heavier punishment or fine than that which was applicable under the law in force at the time of the commission of the crime.

• No double Jeopardy - A person cannot be prosecuted or punished more than once for the same offence (Article 20(2)).

• No self incrimination - A person cannot be compelled to give evidence against himself (Article 20(3))

ARTICLE 21 - RIGHT TO LIFE AND PERSONAL LIBERTY

The most important of the rights to liberty are the rights to life and personal liberty. No one shall be deprived of his life or personal liberty except in accordance with procedure established by law. The Supreme Court has clarified that this right includes the right of a person to live with dignity, free from exploitation. The Supreme Court has clarified that no person can live without means of livelihood and the right to life also includes the rights to housing and livelihood. According to the 44th Amendment to the Constitution, this right cannot be denied even during a national emergency. Article 21 is known as the foundation of fundamental rights. Smoking in public places was banned on the basis of this article of the Constitution. This article gives a citizen the right to choose a life partner of his choice. The article includes the right to privacy. The Supreme Court ruled that the right to privacy is a fundamental right in the case of K.S. Puttaswamy v/s Union of India (2017). Articles 14, 19, and 21 are known as the golden triangle of the Constitution.

Other important rights related to Article 21

• Right to survival

• Right to safe haven

• Right to health

• Right to speedy trial

• Right to freedom from solitary confinement

• Right to travel abroad

• Right to object to forced labor

• Right to timely treatment in government hospitals

• Right to information and news

• Right to sleep

• Right not to be tortured in custody

• Right to basic facilities in prison.

ARTICLE 21 A - RIGHT TO EDUCATION

It stipulates that all children from the age of six to 14 years shall be provided with free education. The 86th Constitutional Amendment (2002) is the constitutional amendment that made education a fundamental right.

RIGHT TO EDUCATION ACT, 2009 - The Education Act is a law made in relation to the right to education enshrined in Article 21(A). The right to education has been made a right similar to the right to life. It is the responsibility of the state to ensure quality primary education to all children. The Parliament passed the Right to Education Act on 26 August 2009. The Right to Education Act passed by the Parliament came into force on 1 April 2010.

ARTICLE 22 - PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES

Article 22 guarantees protection against arbitrary arrest and detention. It guarantees three rights.

1. A person arrested has the right to know the reason for his arrest.

2. A person arrested has the right to consult a lawyer of his choice and to defend his case through him.

3. Any person arrested and detained shall be produced before the nearest Magistrate within 24 hours.

A Magistrate who is not a police officer shall decide whether the arrest is justice or not. This article deals with preventive detention. In some cases, persons may be detained for a certain period of time without any formalities established by law on the suspicion of being likely to commit an offence before the commission of the offence. The Government has the power to arrest a person and detain him without trial if it is of the opinion that he poses a threat to the security of the State or to the peace and order of the State. The prisoner has the right to send a representative against the order of detention. The Preventive Detention Bill was introduced in Parliament by Sardar Vallabhbhai Patel. The first person to be arrested under the ‘Preventive Detention Act' was A.K. Gopalan. Preventive Detention can be extended for up to 3 months. After three months, the case must be reviewed before an advisory committee. The Preventive Detention Act was approved by the President on 25 February 1950. The Preventive Detention Act came into force on 26 February 1950.

Right against exploitation (Article 23 - 24)

ARTICLE 23 - PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR

The Constitution prohibits slavery or compulsory labour, human trafficking, and the exploitation of slaves. Human trafficking and beggar, as well as other forms of forced labour, are prohibited. Any violation of this provision is an offence punishable by law (Article 23(1)). The following are the laws that have been enacted to prohibit forced labour and to enforce a minimum wage.

• Bonded Labour System (Abolition) Act, 1976

• Minimum Wages Act, 1948

• Contract Labour Act, 1970

• Equal Remuneration Act, 1976

Article 23(2) Cases in which these Acts do not apply - The law allows for compulsory service without pay in military service and other public interest, but while imposing such service, citizens should be admitted without regard to religion, race, caste and class. This article prohibits the Devadasi system.

ARTICLE 24 - PROHIBITION OF CHILD LABOUR

This prohibits the employment of children in industries and hazardous areas. The Constitution prohibits the employment of children below the age of 18 in hazardous areas such as industries and mines.

Right to Freedom of Religion (Article 25 - 28)

The term secularism was added to the Constitution (in the Preamble) through the 42nd Amendment (1976). What is meant by secularism?

• India does not have an official religion.

• India does not promote any religion.

• All religions should be respected equally.

• Citizens have the right to freedom of religion.

• There should be no discrimination on the basis of religion adopted by a citizen.

ARTICLE 25 - Freedom of conscience and free profession, practice and propagation of religion

Freedom to believe in, practice, propagate and teach any religion freely (Article 25(1)). This right is allowed to citizens and foreigners. Under this article, social welfare is ensured and public Hindu religious institutions are opened to all Hindus.

ARTICLE 26 - Freedom to manage religious affairs

Freedom of religious communities to establish and manage religious charitable institutions. The article gives the right to decide on religious practices to respective religions.

ARTICLE 27 - Freedom as to payment of taxes for promotion of any particular religion

No person shall be compelled to pay any tax for the propagation or maintenance of any religion or sect. However, there shall be no prohibition on charging fees for the provision of certain services or facilities to pilgrims. Fees may also be charged for religious gatherings at a reasonable rate.

ARTICLE 28 - Freedom as to attendance at religious instruction or religious worship in certain educational institutions

• Article 28(1) - Religious observances shall not be performed or religious observances shall not be made compulsory in educational institutions run by the Government.

• Article 28(2) - Freedom to carry out religious instruction and religious worship in educational institutions run by the State but established under any endowment or trust requiring the institution to provide religious instruction.

• Article 28(3) - Every student shall have the right not to attend religious instruction in any educational institution run by the State. If the child is a minor, the child shall be admitted to religious instruction classes only with the consent of his/her parent.

Educational institutions are divided into four categories according to their mode of operation.

• A - Those wholly under the control of the state

• B - Those under the control of the state but established under any endowment or trust.

• C - Those recognized by the state

• D - Those receiving financial assistance from the state.

In this, religious instruction is completely prohibited in category 'A'. Religious instruction is permitted in category 'B'. Religious instruction is permitted voluntarily in categories 'C' and 'D'.

Cultural and Educational Rights (29 - 30)

Minority status is not based on religion alone. Linguistic and cultural minorities come under this ambit. Minorities are groups of people who are less in number than other groups in any particular part of the country or in the whole country and who share a common language or religion. Cultural and educational rights are the rights that guarantee the protection of minorities.

ARTICLE 29 - Protection of interests of minorities

Article 29 is the first article in the Constitution of India in which the term minority appears.

• Article 29(1) - Any group of citizens residing in the territory of India or any part thereof having a distinct language, script or culture shall have the right to protect it.

• Article 29(2) - No citizen shall be denied admission to any educational institution run by the Government or receiving government assistance on the grounds of religion, race, caste or language.

ARTICLE 30 - Right of minorities to establish and administer educational institutions

The provision guarantees the right of religious and linguistic minorities to establish and run educational institutions of their own choice. Minority educational institutions are of three types.

1. Those which receive state recognition and assistance

2. Institutions which receive state recognition but do not receive assistance

3. Institutions which do not seek state recognition or assistance

The financial assistance provided by the Government shall be utilized for improving the quality of education.

Minorities have certain rights to establish and manage educational institutions of their own choice.

• The founders of the educational institution may elect a governing body to manage the affairs of the institution and to handle administrative matters.

• Teaching and non-teaching staff may be appointed to this governing body.

• The governing body has the right to admit deserving students and to fix a reasonable fee structure.

The rights granted to minorities under Article 30 are only to ensure equality with the majority. They are not intended to put minorities in a more advantageous position than the majority.

The majority has a heavy responsibility to create a real sense of security among the minorities... The minorities will have security only in a secular state. That will make them nationalists. The majority community should not flaunt their patriotism. They should try to understand their fears by imagining themselves in the position of the minorities. All claims for security are products of the fears in the minds of the minorities. Fear about language, script as well as the services available to them. - Sardar Hukum Singh.

Right to Constitutional Remedies (Article 32)

ARTICLE 32 - Right to Constitutional Remedies

The article states that a citizen can directly approach the Supreme Court in case of violation of fundamental rights. The Supreme Court has opined that this article is a fundamental feature of the Constitution of India. The Supreme Court has the power to issue writs for the protection of fundamental rights. Ambedkar described the article as the heart and soul of the Constitution of India. Ambedkar described Article 32 as the "fundamental of fundamental rights". Article 32 aims at all-round protection of fundamental rights.

ARTICLE 33 - Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Article that states that Parliament can restrict or abrogate the exercise of fundamental rights in the case of armed forces, paramilitary forces, police forces, intelligence services and similar services

ARTICLE 34 - Restriction on rights conferred by this Part while martial law is in force in any area

Article that states that it is permissible to restrict fundamental rights when martial law is in force in any area.

ARTICLE 35 - Legislation to give effect to the provisions of this Part

Only Parliament has the power to make laws to implement specific fundamental rights. State legislatures do not. Subjects on which Parliament can legislate under Article 35 are,

• The right to appoint indigenous people to certain posts in the States, Union Territories and other authorities (Article 16)

• The courts other than the Supreme Court and the High Courts are empowered to issue all kinds of directions, orders and writs for the enforcement of fundamental rights. (Article 32)

• The right to restrict or remove the fundamental rights of members of the armed forces and the police force. (Article 33)

• The right to compensation to any government officer or any other person for acts done during the operation of martial law in any area. (Article 34)

Types of  Writs in Indian Constitution

A writ is an order issued by the Supreme Court and the High Court to protect fundamental rights when they are violated. The country from which India borrowed the concept of writ is Britain. Writs were borrowed from English law. In English law, they were known as prerogative writs. Only the Supreme Court and the High Courts have the power to issue writs. The Supreme Court deals with the issuance of writs in Article 32. The High Court deals with the issuance of writs in Article 226.

Until 1950, only the Calcutta, Bombay and Madras High Courts had the power to issue writs. The Supreme Court can issue writs only for the enforcement of fundamental rights. At the same time, a High Court can issue writs not only for the enforcement of fundamental rights, but also for any other matter. Therefore, the jurisdiction of the Supreme Court in the matter of writs is more limited than that of the High Court. The Supreme Court has held that it is appropriate for the complainant to approach the High Court first as justice is available from the High Court. The Supreme Court can issue writs throughout the territory of India. However, the High Court has the power to issue writs only within its territorial jurisdiction. The Supreme Court cannot reject a petition under Article 32 to the Supreme Court. However, the High Court has the power to reject a petition under Article 226 to the High Court. All the words used to describe writs are Latin words. The number of writs guaranteed by the Indian Constitution is five. The writs guaranteed by the Indian Constitution are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

1. Habeas Corpus (to have the body)

A writ known as the guardian of personal liberty. Habeas Corpus was first mentioned in the Magna Carta of 1215. The word Habeas Corpus means to produce the body/you may take possession of the body. A writ ordering the release of someone who has been unlawfully or unjustly imprisoned and brought before a court. The court orders that the person who has been unjustly imprisoned be brought before the court. The court then examines the legal grounds for the detention. If the court finds that the detention was unlawful, the court may release the person. This order can be issued against private individuals or public authorities.

Cases where Habeas Corpus cannot be issued

(a) If the detention is lawful

(b) If it is a legal proceeding for contempt of the legislature/court

(c) If it is a detention by order of the court

(d) If the detention is beyond the jurisdiction of the court

Example: A is being detained unjustly by a police officer named B. A writes a letter to the High Court. Thereafter, A and B are summoned to the High Court and B is asked to explain the reason for A's detention. If B is unable to give any reason or justification, the court can release A.

2. Mandamus (we command)

The Latin word mandamus means we command/we order. Such an order is issued when a person holding an official position does not perform the legal duty he is required to perform or if doing so adversely affects the fundamental rights of another person. This means to perform the assigned duty.

A writ of mandamus can be issued against public bodies, corporations, subordinate courts, tribunals and, if necessary, against the government.

Circumstances in which a writ of mandamus cannot be issued

• It cannot be issued against a private individual or a private institution.

• It cannot be issued against the President of India or the Governors of the States (Article 361).

• It cannot be issued against a Chief Justice of a High Court whose term of service has not expired.

• A mandamus cannot be issued against the government to enforce an obligation arising from any contract.

• A mandamus cannot be issued to compel an institution to act in a manner that is not lawful.

3. Prohibition (to forbid)

The word Prohibition means to forbid. This order is usually issued by a higher court (Supreme Court/High Court). This court tells the lower court not to consider a case that is beyond its jurisdiction. A Prohibition is a writ issued against judicial and quasi-judicial bodies. A Prohibition writ is not issued against administrative bodies, private individuals/institutions or legislative bodies. This writ is based on the old saying 'Prevention is better than cure'.

4. Certiorari (to be certified)

The Latin word Certiorari means to be certified, to be informed. A writ ordering a case to be transferred from a lower court to a higher court. When the law is distorted or the jurisdiction is exceeded, the case can be transferred to a higher court for trial. Prohibition is a preliminary prohibition whereas Certiorari is a prohibition and a remedy. A writ of Certiorari can be issued against judicial and quasi-judicial bodies. The High Court judged in 1991 that this writ can also be issued against administrative authorities that affect the rights of individuals. This writ cannot be issued against private institutions/individuals and legislative bodies. 

5. Quo Warranto (on what authority)

On what authority is the meaning of the word Quo Warranto. Quo Warranto is an order issued by the court if it is found that a person holding any official position is not qualified to hold that position. By this order, the said person is removed from the official position without being allowed to continue in that position for any reason. Quo Warranto is issued to clarify the legality of a person's claim. This writ can be issued only against a public office that is legally constituted or constitutionally established and has a permanent nature. Quo Warranto is not permissible against a ministerial office or a private office. Unlike the other four writs, the aggrieved citizen does not have to seek permission in this case, but any other citizen with a public interest can seek Quo Warranto.

Part IV - Directive Principles of State Policy (Article 36 - 51)

The Indian Constitution provides instructions to the Central and State Governments to formulate and implement schemes for the welfare of the people. India borrowed the concept of 'Directive Principles' from Ireland. Spain was the first country in the world to include Directive Principles in its Constitution. Ireland borrowed the Directive Principles from Spain. The Tej Bahadur Sapru Committee recommended the inclusion of Directive Principles in the Constitution. The Indian Constitution includes Directive Principles in Part IV. The Articles that include Directive Principles in the Constitution are Articles 36 to 51.

The Directive Principles are the basic principles prescribed by the Constitution to make India a welfare state. It deals with the instructions that the state should follow in the administration and law-making. The Directive Principles are the non-justiciable parts of the Constitution. A citizen cannot approach the court to enforce the Directive Principles, but an Indian citizen can approach the court for fundamental rights. Part IV of the Constitution contains Gandhiji's welfare state concepts. 

Welfare State - A welfare state is a state that formulates and implements policies aimed at the welfare of all its people. Welfare states provide protection and services to the people with the aim of all-round upliftment of the people. The welfare state ensures the distribution of public resources, education and public health.

The Directive Principles are classified into three categories (there is no distinction in the Constitution).

• Socialist ideas (Articles 38, 39, 39A, 41, 42, 43)

• Liberal ideas (Articles 44, 45, 48, 48A, 49, 50, 51)

• Gandhian ideas (Articles 40, 43, 43B, 46, 47, 48)

Fundamental to the governance of the country are the Directive Principles. The operative part of the Indian Constitution is called the Directive Principles.

Characteristics of the Directive Principles 

The term "Directive Principles" refers to the ideals that states should adopt while formulating policies and making laws. The Directive Principles are similar to the Instrument of Instruction in the Government of India Act, 1935. Dr. B. R. Ambedkar opined that there is no obvious difference between the Directive Principles and the Instrument of Instruction. The Directive Principles contain the details of the economic, social and political functioning required for a modern democratic state. The Instrument of Instruction / Directive Principles were issued by the British Governor General for the governors of the colonies of British India.

The formation of a welfare state through the ideas of justice, liberty, equality and fraternity as described in the Preamble of the Constitution should be realized through these principles. And not 'police states' of a colonial nature. The Directive Principles aim to establish economic and social democracy in the country. While interpreting the law, the courts consider the directive principles. Similarly, the directive principles influence the court's decisions.

Implemented on the basis of directive principles are as follows

• Anti-feudalism laws

• Nationalization of banks

• Several factory laws

• Minimum wage fixation

• Promotion of small cottage industries

• Reservation for the advancement of Scheduled Castes and Scheduled Tribes

• Right to education

• Formation of Panchayat Raj institutions throughout the country

• Right to work at least partially under the Employment Guarantee Scheme

• Mid-day meal scheme

ARTICLE 36 - Definition of State

Article 36 is the definition of State. It is an article similar to Article 12 of Part III. The State includes - the Central Government and Parliament, the State Governments and Legislative Assemblies, the Local Governments, Statutory and Non-Statutory Institutions, and other institutions controlled by the Government and receiving funds.

ARTICLE 37 - Application of the principles contained in this part

The directive principles are not subject to argument. The directive principles may be considered while making national laws.

ARTICLE 38 - State to secure a social order for the promotion of welfare of the people

The State shall ensure a social order for the promotion of the welfare of the people. The State shall endeavour to reduce inequalities of income not only among individuals but also among groups of people living in different areas and engaged in different occupations, and to eliminate inequalities of status, facilities and opportunities.

ARTICLE 39 - Certain principles of the policy to be followed by the state

Specifies certain principles to be followed by the State.

Main principles

• Article 39 (a) - All citizens shall have the right to an adequate standard of living.

• Article 39 (b) - The resources of society shall be equitably distributed for the common good.

• Article 39 (c) - There shall be no concentration of property and means of production to the detriment of the common good.

• Article 39 (d) - Equal pay for equal work

• Article 39 (e) - Protect the health and strength of workers and children from excessive exploitation

• Article 39 (f) - Make arrangements for the healthy and all-round development of children.

ARTICLE 39(A) - Equal Justice & Free legal aid

A constitutional article that provides for equal justice and free legal aid to the poor.

Persons eligible for free legal aid

i. Women and children

ii. Members of SC/ST categories

iii. Industrial workers

iv. Victims of mass calamity, violence, flood, drought, earthquake and industrial disaster

v. Persons with disabilities

vi. Person in custody

vii. Person with annual income less than 1 lakh (annual income limit is 1,25,000, if the person is in Supreme Court Legal Services Committee)

viii. Victims of human trafficking/beggars

ARTICLE 40 - Organization of village panchayath

Formation of Panchayats

ARTICLE 41 - Right to work, to education and to public assistance in certain cases

Ensure public assistance in cases of unemployment, sickness, old age, disability, poverty etc. Unemployment benefits, pension schemes etc. are implemented as a result of this article. This is also the article which mentions that the state should make effective provisions to ensure the right to work and the right to education.

ARTICLE 42 - Provision for just and humane conditions of work and maternity relief

Ensure just and humane conditions of work and ensure maternity benefits. The payment of gratuity act 1972, Maternity benefit act 1961 etc. are implemented as a result of this article.

ARTICLE 43 - Living wage etc., for workers, promotion of cottage industries

Living wage for workers, promotion of cottage industries

ARTICLE 43(A) - Participation of workers in management of industries

Participation of workers in industrial enterprises

ARTICLE 43(B) - Promotion of co-operative societies

ARTICLE 44 - Uniform Civil Code

The Uniform Civil Code is the civil laws applicable to all citizens of India. Goa is the only Indian state with a Uniform Civil Code.

ARTICLE 45 - Provision for early childhood care and education to children below the age of 6 years

A constitutional provision that provides for the provision of care and education to children below the age of 6 years.

ARTICLE 46 - Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections

To promote the educational and economic interests of the scheduled castes, scheduled tribes and other weaker sections. To protect them from exploitation by the upper castes.

ARTICLE 47 - Duty of the state to raise the level of nutrition and the standard of living and to improve public health

The article deals with the responsibility of the state in improving the health, nutritional status and standard of living of the public. Prohibition of alcohol is included in this article. Gujarat is the only state that has implemented complete prohibition of alcohol since its formation.

ARTICLE 48 - Organization of agriculture and animal husbandry

Ban on cow slaughter, agriculture and animal welfare. Gujarat is the first Indian state to enact a ban on cow slaughter.

ARTICLE 48 A - Protection of environment

Protection of forests, wildlife and environment.

ARTICLE 49 - Protection of monuments and places and objects of national importance

Protection of historical monuments and places and objects of national importance

ARTICLE 50 - Separation of judiciary from executive

Provides that the judiciary should be separated from the executive.

ARTICLE 51 - Promotion of International peace and Security

• Article 51 (a) - To promote international peace and security.

• Article 51 (b) - To maintain just and respectful relations among nations.

• Article 51 (c) - States shall endeavour to ensure that their dealings with each other are governed by international law.

• Article 51 (d) - States shall endeavour to promote the settlement of international disputes by mediation.

Functions of the Directive Principles

They help to facilitate consistency and continuity in domestic and foreign policies in the political, economic and social spheres, even when the parties are different. The Directive Principles supplement the fundamental rights of citizens. The Directive Principles help to fill the gaps in Part III by providing social and economic rights. They help to redress economic inequalities. They enable the opposition to influence and control the actions of the government. They provide an opportunity for the people to examine the policies and programmes of the government in the light of the constitutional declarations. They act as a public political manifesto. They are very helpful in maintaining the democratic character of law-making and administration.

Reasons why the framers of the Constitution distinguished the Directive Principles as unjustifiable and legally unenforceable.

• The country did not have the financial resources to implement the Directive Principles.

• The diversity and backwardness of the country were obstacles to their implementation.

• At the time of independence, India had other issues of paramount importance and which needed to be resolved immediately.

Directive Principles - Goals, Policies and Non-Justiciable Rights

Goals

• Welfare of the people, social, economic and political justice.

• Improvement of the standard of living; promotion of equitable distribution of resources and international peace.

Policies

• Uniform Civil Code

• Prohibition of the use of intoxicating liquors.

• Promotion of cottage industries.

• Prohibition of slaughter of cattle for use.

• Formation of village panchayats.

Non-Justiciable Rights

• Adequate means of livelihood

• Equal pay for equal work for men and women

• Right against economic exploitation

• Right to employment

• Child care and education of children below the age of six

Directive Principles - Amendments

• 42nd Amendment of 1976 - This amendment added Articles 39(f), 39A, 43A and 48A.

• 44th Amendment of 1978 - The 44th Amendment of 1978 added a sub-clause to Article 38 which provides for the reduction of disparities in income, standard of living and opportunities. The state shall secure social order for promotion of people.

• 86th Amendment of 2002 - This amendment added Article 45.

• 97th Amendment of 2011- The 97th Amendment of 2011 included Article 43B relating to the cooperative sector in the Directive Principles.

Directive Principles - Cases

• Champakam Dorairajan v/s State of Madras (1951)

In this case, the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the Fundamental Rights shall prevail.

• Golaknath v/s State of Punjab (1967)

The Supreme Court ruled that the fundamental rights do not need to be amended to implement the directive principles.

• Minerva Mills v/s Union of India (1980)

The Supreme Court ruled in this case: Fundamental rights and directive principles are complementary to each other. There is no need to sacrifice any fundamental rights for the implementation of the directive principles or any directive principles for the implementation of fundamental rights.

Important Directive Principles other than Part IV

• Rights of S. C./S. T. categories to service (Article 335, Part XVI)

• States may issue directives to provide adequate facilities for instruction in mother tongue to children belonging to linguistic minorities at the primary stage of education (Article 350 A, Part XVII).

• Directive for the development of Hindi language. (Article 351, Part XVII)

Directive Principles - Criticisms

• 'A government that ignores the Directive Principles will have to pay its respects to the voters at the time of elections.' - Dr. Ambedkar

• 'If we are unable to feed the hungry, clothe the naked and give every Indian the opportunity to shine to the best of their ability, the Constitution we frame will be nothing but a bundle of paper.' - Jawaharlal Nehru

• 'The rights of an individual should be divided into two categories: justifiable and non-justifiable.' - B.N. Rao

• 'Conscience of the constitution' - Granville Austin

• 'A cheque that can be drawn at the convenience of a bank' - K.T. Shah

• 'A manifesto of aspirations and goals' - K.C. Wheare

• 'A real garbage dump of emotions' - T.T. Krishnamachari

• 'If all these principles are fully implemented in our country, our country will become a heaven on earth' - M.C.Chagla (Former Chief Justice of India)

• 'Novel Features of the Indian Constitution' - B.R. Ambedkar

• 'No government responsible to the people can administer the country without considering the Directive Principles.' - Alladi Krishnaswamy Iyer

• 'Like New Year's resolutions that are broken on the 2nd of January' - Naseeruddin

• 'Pious Aspirations' - Ivor Jennings

• 'Directive Principles can lead to conflict between the Centre and the States' - K. Santhanam

• 'Directive Principles are the articles that bring the Constitution to life. They are the core of the Constitution and the philosophy of social justice' - L.M. Singhvi

Difference between Fundamental Rights and Directive Principles

Difference between Fundamental Rights and  Directive Principles
• An Indian citizen can approach the court for fundamental rights	• A citizen cannot approach a court to enforce the Directive Principles.
• Fundamental rights are justiciable.	• The Directive Principles are non-justiciable.
• Fundamental rights are included in Part III of the Constitution of India.	• The Directive Principles are included in Part IV of the Constitution of India.
• ​​Articles in the Constitution that deal with fundamental rights - Articles 12 to 35.	• ​​Articles in the Constitution that include the Directive Principles are - Articles 36 - 51.
• Fundamental rights are the rights that are basically granted to an Indian citizen by the Constitution.	• The Directive Principles are instructions given to governments.
• Political democracy is implemented in India through fundamental rights.	• Economic and social democracy is ensured through the Directive Principles.
• The welfare of every citizen is promoted through fundamental rights.	• The welfare of the society is promoted.
• Violation of fundamental rights is punishable by law.	• Violation of the Directive Principles is not a punishable offence.
• Fundamental rights are justifiable because if there is a violation of the law, they can be legally enforced.	• Directive principles cannot be upheld because courts cannot enforce them if there is a breach of the law.
• If there is a law that violates fundamental rights, the courts can declare it null and void and unconstitutional.	• If a law violates the Directive Principles, the courts do not have the power to declare it invalid and unconstitutional.
• Fundamental rights are sometimes considered as a kind of restrictions imposed on the state.	• Directive principles are guidelines to help the government achieve certain specific objectives.
• Fundamental rights can be temporarily suspended during a national emergency. The rights guaranteed under Articles 20 and 21 cannot be temporarily suspended.	• The Directive Principles cannot be suspended under any circumstances.
• Fundamental rights were borrowed from the Constitution of the United States of America.	• The Directive Principles are borrowed from the Constitution of Ireland.

Part IVA - Fundamental Duties (Article 51A)

When the Indian Constitution came into force, the Constitution did not mention Fundamental Duties. The discussions to include Fundamental Duties for citizens in the Indian Constitution became active during the Internal Emergency of 1975. Fundamental Duties were included in the Indian Constitution in 1976. The Fundamental Duties came into force on 3 January 1977. The article dealing with fundamental duties is Article 51A and part is Part IVA. India borrowed the concept of fundamental duties from the USSR. An Indian citizen cannot be sued by a court for failing to perform a fundamental duty. But if the duty has been passed by the Parliament as a law, the court has the power to punish those who do not comply with it.

Swaran Singh Committee

In 1976, the Indian National Congress Party formed a committee under the chairmanship of Sardar Swaran Singh. The mission of the committee was to study the need and importance of including Fundamental Duties in the Constitution. The Swaran Singh Committee proposed that a new part should be added to the Constitution for Fundamental Duties. Although the Swaran Singh Committee suggested eight Fundamental Duties, ten Fundamental Duties were included through the 42nd Constitutional Amendment. Article 29(1) of the Universal Declaration of Human Rights of 1948 states that 'everyone has certain duties to the community in which alone the full and free development of the individual is possible'. It is in this light that the Swaran Singh Committee suggested that the Fundamental Duties should be included in the Constitution. 

Constitutional Amendments

• 42nd Constitutional Amendment - In 1976, 10 Fundamental Duties were included in the Constitution through the 42nd Constitutional Amendment. (51 A (a-j)).

• 86th Constitutional Amendment - The number of Fundamental Duties increased to eleven through the 86th Constitutional Amendment in 2002. Thus, 51 A became a to k. The Constitution stipulates that it is the fundamental duty of parents to provide an environment for education for children between the ages of six and 14 years. 

Characteristics of Fundamental Duties

Some of the fundamental duties are moral duties and others are civic duties. For example, it is a moral duty to cherish the noble ideals of the freedom struggle. But it is the duty of a citizen to respect the national flag and the national anthem. Fundamental duties are values ​​embodied in Indian tradition, mythology, religion and practices. They have a deep connection with the Indian way of life. Fundamental Duties are only for Indian citizens and do not apply to foreigners. Like directive principles, fundamental duties are also not subject to argument. Courts cannot enforce or prescribe them.

Fundamental Duties

• Article 51A (a) - To obey the Constitution and respect its ideals, institutions, the National Flag and the National Anthem.

• Article 51A (b) - To cherish and follow the noble ideals which inspired our national struggle for freedom.

• Article 51A (c) - To maintain and protect the sovereignty, unity and integrity of India.

• Article 51A (d) - To protect the country and to perform national service when called upon to do so.

• Article 51A (e) - To promote harmony and a general spirit of brotherhood among all the people of India irrespective of religious, linguistic, regional and sectarian differences. To renounce practices which degrade the dignity of women.

• Article 51A (f) - To cherish and preserve the rich heritage of our composite culture.

• Article 51A (g) - To protect and enhance the natural environment including forests, lakes, rivers and wildlife and to show compassion towards living beings.

• Article 51A (h) - To develop scientific outlook and humanity, and a spirit of inquiry and reform.

• Article 51A (i) - To protect public property and to renounce violence.

• Article 51A (j) - To help the nation progress on the path of progress by showing excellence in all fields.

• Article 51A (k) - To provide educational facilities to children between the ages of six and fourteen.

 "The moral value of fundamental duties lies in maintaining a democratic balance by making citizens aware of their rights as well as their duties."

Justice Verma Committee - The Justice Verma Committee is a committee appointed to examine the existence of legal frameworks for the implementation of Fundamental Duties. Justice J. S. Verma is the Chairman of the Committee. The committee was appointed in July 1998 and submitted its report in 1999.

Part V - THE UNION (Article 52 - 151)

Part V of the Constitution discusses the provisions for the functioning of the Union Government. It defines a parliamentary system of government at the Union level, effective separation of powers and an independent judiciary. Part V of the constitution deals with the Union - the Union Executive, the Union Legislative, the Union Judiciary and the Comptroller and the Auditor General of India. The Union Legislative makes laws, the Union Executive implements laws, and the Union Judiciary interprets laws. It is the Constitution that ensures the harmonious functioning of all three organs and maintains a balance between them.

Structure of Union Government

Union Executive - The President, Vice President, Prime Minister, Council of Ministers and Attorney General of India are some of the prominent heads in the Executive Branch. The executive power of the union is vested in the president and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution. The Vice President of India is the second highest ranking government official after President. He is the chairman of Rajya Sabha. He presides over the meetings of Rajya Sabha and maintains decorum and decency in Rajya Sabha. The Prime Minister is the chief advisor to the president of india, head of the council of ministers and the leader of the majority party in parliament. The Prime Minister leads the executive branch of the government of India. He is the chief spokesman of Union Government. There shall be a Council of Ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. Ministers are appointed by the President on the advice of Prime Minister. The Council of Ministers is collectively responsible to the House of the People. Article 76 provides for the officer of the Attorney General of India. He give advice to the Government on legal matter when referred to him by the President.

Union Legislative - There shall be a Parliament for the Union which shall consist of the president and two houses the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Government of India is bicameral - Rajya Sabha is the upper house and Lok Sabha is the lower house. Those elected or nominated to either house of parliament are referred to as members of Parliament or MPs. The MPs of Lok Sabha are directly elected by the Indian public. The MPs of Rajya Sabha are elected by the members of State Legislative Assemblies, in accordance with proportional representation. Speaker is the presiding officer of Lok Sabha and Chairman is the presiding officer of Rajya Sabha. The most important function of the Parliament is to legislate i.e, make legislations for the development which benefits the society. Here parliament will enact laws for the administration of the Union. The proposals for laws are called Bills. The legislative procedure is needed for passing the Bills. The second most important function is to exercise control over the Executive. Article 112 provides for the presenting of  Budget in Parliament. 

Union Judiciary - The Union Judiciary consists of the Supreme Court of India. The Supreme Court is the apex court of the Indian judicial system. The Supreme Court is an essential element of the federal system followed by India. It is the highest court with criminal and civil powers. The main powers of the Supreme Court are classified into four: original, appellate, advisory and review. Supreme court is Court of record, Federal Court, Court of appeal and Guardian of the constitution. Supreme court hears the appeals from the High Courts and acts as a court of review over subordinate tribunals.

Union Executive (Article 52 - 78)

Various Executives - Parliamentary, Presidential, Half Presidential

In the government, one branch makes decisions related to rules and policies and another branch implements these rules. The Executive is the part of the government that performs administrative tasks to implement policies. The official titles of the Executive branch vary from country to country. The civil service branch that carries out day-to-day administration is also part of it.

Political Executive and Permanent Executive

The non-official branch that heads the executive branch is called the Political Executive. The Political Executive is elected through elections. The Executive is also elected by tradition. 

Example - President, Prime Minister, Ministers

The officials who assist the political executive are called the Permanent Executive. They remain in office until they reach the age of retirement. The permanent executive branch is selected through competitive examinations. 

Example : Employees from the last grade employee to the highest service IAS and IPS

Various types of Executives

1. Parliamentary system

2. Presidential system

3. Half-presidential system

1. Parliamentary system

In the parliamentary system, the executive branch makes the law. The real power will be held by the cabinet headed by the Prime Minister. The Prime Minister will be the leader of the majority party in the legislature. The Prime Minister will be responsible to the legislature. There is an inseparable relationship between the executive branch and the legislative branch. The collective responsibility of the cabinet exists.

Example: India, Italy, Japan, Britain, Portugal

Other names by which the parliamentary system is known - Cabinet government, responsible government, Westminster model of government. The parliamentary system was called the cabinet system by Ivor Jennings. British political scientists used to address the head of the cabinet as 'Primus Inter Pares' in the past. This expression means First among equals. That is how the head of the cabinet got the name Prime Minister.

Features of the Parliamentary System

• Nominal & Real Executives - In the parliamentary system, the nominal executive (head of state) is the President. In the parliamentary system, the real executive (head of the administration) is the Prime Minister. The duty of the Prime Minister and other ministers is to assist the President in administrative matters.

• Majority Party Rule - In India, the party with the majority in the Lok Sabha comes to power. The leader of the party is the Prime Minister. The other ministers are appointed by the President on the advice of the Prime Minister.

• Collective Responsibility - This is a fundamental principle of the parliamentary system. Ministers are collectively responsible to Parliament in general and to the Lok Sabha in particular.

• Political Homogeneity - Usually the members of the ruling party belong to the same political party. Therefore, they share the same political ideology. However, if more than one party forms the government, there will be instability in the government.

• Double Membership - Ministers have membership in both the legislature and the executive. A person who is not a member of Parliament cannot normally become a minister. In some special circumstances, even if he is appointed as a minister, he must become a member of Parliament within six months.

• Leadership of the Prime Minister - The Prime Minister is the leader of the Cabinet, Parliament and the party. He plays an important and crucial role in the functioning of the government.

• Dissolution of the Lok Sabha - The Speaker of the Lok Sabha can dissolve the Lok Sabha at the request of the Prime Minister. This indicates that the executive has control over the legislature.

• Secrecy - Those who govern are bound to maintain secrecy necessary for national security. Information about their procedures, policies and decisions cannot be disclosed.

Main reasons for India adopting a parliamentary executive system

The 1919 and 1935 Acts were passed during the British rule. Under these Acts, we had a parliamentary system of government at that time. In a parliamentary system, the people can effectively control the executive. The framers of the Constitution thought that this system would be more suitable for ensuring responsiveness and accountability of the government to the aspirations of the public. In the parliamentary system, there are many means of controlling and holding the executive to account. By using these means, the House and its members can check the excessive activities of the executive.

2. Presidential system

The head of state and head of government will be the president. The president will have extensive powers in principle and practice. The president will be elected directly by the people. The president will not be responsible to the legislature. The president is elected for a fixed term. The president is not a member of the legislature. Its basis is the separation of powers. Ministers are the president's officers. The president does not have the power to dissolve the legislature.

Example: USA, Brazil

3. Half-Presidential system

• The president will be the head of state

• The head of government will be the prime minister.

• The prime minister and the cabinet will be responsible to the legislature.

• The president and the prime minister are directly elected.

• The president and the prime minister have the power to intervene in daily affairs.

• A system based on the principle of collective leadership.

Example: France, Russia, Sri Lanka

Countries and systems

• USA - Presidential system is in place. That is, all executive powers are vested in the President.

• Canada - A parliamentary system of government with a constitutional monarchy. Queen Elizabeth II is the head of state and the Prime Minister is the head of government.

• France - A half-presidential system. In France, the Prime Minister and the President are part of the executive. In France, the President appoints the Prime Minister and ministers, but does not have the power to dismiss them. The Prime Minister and ministers are responsible to the Parliament.

• Japan - A parliamentary system with the Prime Minister as the head of government and the Emperor as the head of state.

• Russia - A half-presidential system with the President as the head of state and the Prime Minister appointed by him as the head of government.

• Germany - A parliamentary system with the Chancellor as the head of government and the President as the head of state with nominal powers.

• Italy - A parliamentary system prevails. The head of state is the president and the head of government is the prime minister.

President (Article 52 - 62)

The President is the "Head of State, First Citizen of India, Commander-in-Chief of the Armed Forces of India, Constitutional Head of India and Commander-in-Chief of the Defence Forces". The President acts as a symbol of the unity, integrity, and solidarity of India.

Article 52 - The President of India

States that India shall have a President.

Article 53 - Executive Power of the Union

States that all executive powers of India are vested in the President.

Article 54 - Election of President

The article deals with the election of the President and the Electoral College. The Election Commission is responsible for conducting the presidential election. Presidential election is an indirect election. The people do not elect the President directly, but rather the President is elected by the people through representatives elected by the people. The Returning Officer for the Presidential election is the Secretary General of the Lok Sabha/Rajya Sabha. The votes for the Presidential election are cast in the Electoral College. The Electoral College consists of the elected members of the Lok Sabha, the elected members of the Rajya Sabha and the elected members of the Legislative Assembly (including those of Delhi and Puducherry).

Article 55 - Manner of election of President

This article deals with the procedure for the election of the President. It deals with the value of the votes of the members of the Electoral College for the Presidential election. The value of the votes of the MLAs is calculated on the basis of the population. This value is calculated on the basis of the 1971 Census.

As per 1971 census, MLA's voting value = (State population / Number of elected MLAs) x (1 / 1000)

As per 1971 census, MP's voting value = State MLAs' voting value / Number of elected MPs

The total value of votes in the Presidential election is 1098903. MPs and MLAs vote by secret ballot. The color of the ballot paper used by MPs is green and the color of the ballot paper used by MLAs is pink. The President must secure a certain percentage of votes known as the electoral quota. Disputes in the Presidential election are to be resolved in the Supreme Court (under Article 71)

Members who cannot vote in the Presidential election

a. Nominated Lok Sabha members

b. Nominated Rajya Sabha members

c. Nominated MLAs (including those of Delhi and Puducherry)

d. Nominated and elected members of the Legislative Council

Article 56 - Term of office of President

Describes the term of office of the President of India. The term of office of the President of India is 5 years. (That is, from that time he assumes office). However, if the President is not interested, he can submit his resignation to the Vice President.

Article 57 - Eligibility for re-election

Describes the eligibility for re-election. The President of India can contest the presidential election as many times as he wants. Except for Dr. Rajendra Prasad, no one has held the office of President more than once. 

Article 58 - Qualifications for election as President

Describes the eligibility to contest for the presidency. The amount of Rs. 15,000 required to contest the Presidential election can be paid in cash to the Returning Officer, or Rs. 15,000 should be deposited in the Reserve Bank or the Government Treasury. Nomination of the candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. A candidate who does not get at least 1/6 of the votes cast will lose the amount deposited.

Qualifications for contesting for the presidency of India

a. Must be an Indian citizen

b. Must have completed 35 years of age

c. Must be qualified to become a member of the Lok Sabha

d. Must not hold any office of profit in the Central or State local bodies.

Offices exempted from office of profit

a. The sitting President

b. The sitting Vice President

c. The sitting Governors

d. All ministers including the Prime Minister

e. Ministers including Chief Ministers of all States

Article 59 - Conditions of President’s office

This article deals with the provisions relating to the official position of the President. A person who becomes the President shall not be a member of either House of Parliament or of the State Legislatures. If such a person is elected as the President, his seat in Parliament shall be deemed to be vacant. The President may use his official residence without paying rent. The salary and allowances of the President shall not be reduced during his term of office. The current monthly salary of the President is Rs. 5,00,000. A retired President will receive 50% of his salary as pension. In addition, former Presidents are entitled to a furnished residence, phone facilities, car, medical treatment, travel facilities and office expenses up to Rs 1 lakh per year. In the event of the death of a retired President, his wife will receive 50% of his pension as pension.

Article 60 - Oath or affirmation by the President

Describes the oath of office of the President. The oath of office is administered to the President of India by the Chief Justice of the Supreme Court. In the absence of the Chief Justice of the Supreme Court, the oath of office is administered by the senior-most judge of the Supreme Court. The oath of office taken by the President before assuming office shall include:

• To be faithful to his office

• To protect the Constitution and the law

• To devote himself to the service and welfare of the people of India.

Article 61 - Procedure for impeachment of the President

Describes the impeachment of the President. Impeachment is the procedure for removing the President before the completion of his term. The grounds for removing the President from office in the Constitution are violation of the Constitution. Impeachment is a quasi-judicial procedure of Parliament. The proceedings can be initiated in the Lok Sabha or the Rajya Sabha. Notice must be given to the President 14 days before the commencement of the proceedings. This resolution can be introduced in the House only if it is signed by 1/4 of the members of the House. The House that introduces the resolution for the first time is known as the First House. The majority required to pass the said resolution is a majority of 2/3 of the members of the House. After passing it in the first House, the resolution must be forwarded to the Second House. The Second House must conduct an inquiry into the violation of the Constitution. It is at this time that the President can justify his side. The majority required to pass the said resolution in the Second House is 73 members of the House. The President is removed from office on that date at which the Second House passes the said resolution. The participants in the impeachment motion will be all the elected and nominated members of the Lok Sabha and the Rajya Sabha. Members of the Legislative Assembly cannot participate in the impeachment motion. No President has ever been impeached or removed from office in India. The President of India has to submit his resignation to the Vice President and the Vice President has to submit his resignation to the President.

Article 62 - Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

This article states that in the event of the resignation, removal or death of the President, a new President must be elected within 6 months. In the absence of the President, the Vice President acts as the Acting President. However, in the absence of the President and the Vice President, the Chief Justice of the Supreme Court acts as the Acting President. In the absence of the President, Vice President and Chief Justice of the Supreme Court, the Acting President is the senior most judge of the Supreme Court.

Powers and Functions of the President of India

Article 52  states that India shall have a President. The powers and duties of the President are Executive Powers, Legislative Powers, Financial Powers, Judicial Powers, Diplomatic Powers, Military Powers, Veto Power, Ordinance Making Power, Pardoning Power and Emergency Powers.

1. Executive Powers

All executive actions of the government are taken in the name of the President. The President appoints the Prime Minister and other ministers. The President appoints the Attorney General and fixes his salary. The President makes appointments to the posts of Comptroller and Auditor General, Chief Election Commissioner, other Commissioners, UPSC Chairman, State Governors, Chairman of the Finance Commission, etc. The President can seek any information related to the administration of the Union and suggestions for legislation from the Prime Minister. The President may request the Cabinet to consider any matter decided by a Minister but not considered by it. The President has the power to appoint a commission to assess the conditions of the Scheduled Castes, Scheduled Tribes and other Backward Classes. The President has the power to constitute inter-state councils to improve Centre-State relations. The President has the power to appoint administrators in Union Territories. The President also has the power to declare any area as a Scheduled Area.

2. Legislative Powers

The President has the power to summon the sessions of Parliament, to terminate the sessions prematurely and to dissolve Parliament. The President has the power to address Parliament in the first session after a general election and in the first session of each year. The President can ask the Parliament for an explanation regarding a bill that is delayed in Parliament or any other matter. The President has the power to summon a joint session of Parliament. The President may appoint any member of the Lok Sabha to preside over its proceedings in the event of a vacancy in the offices of Speaker and Deputy Speaker. Similarly, the President may appoint any member of the Rajya Sabha to be the Chairman of the Rajya Sabha in the event of a vacancy in the offices of Chairman and Deputy Chairman. The President can nominate 12 members to the Rajya Sabha from the fields of art, science, literature, public service, etc. He nominates two members to the Lok Sabha from the Anglo-Indian community. 

Important bills relating to withdrawal of money from the Consolidated Fund of India, formation of new states, and re-demarcation of state boundaries must obtain the President's approval before being introduced in Parliament. The final decision on the disqualification of a member of Parliament rests with the President (after consulting the Election Commission). The President has the power to assent, withhold or return a bill passed by Parliament (except a constitutional amendment bill). A money bill cannot be returned. If the returned bill is re-passed by Parliament (with or without amendment) and presented to the President, the President must sign it. The President also has the power to assent, withhold or return a bill passed by a state assembly when it is sent to the President for consideration by the Governor. A money bill cannot be returned. If the returned bill is re-passed (with or without amendment) and presented to the President, the President does not have to sign it. The President submits important reports of the Comptroller & Auditor General, UPSC, Finance Commission, etc. to Parliament. 

3. Financial Powers

The President's prior recommendation is required for introducing money bills in Parliament. President sanctions the introduction of money bill in the Parliament. The annual financial statement, known as the Union Budget, is presented on the instructions of the President. No grant can be sought without the President's recommendation. The Budget is presented in Parliament in the name of the President. The President has the power to make advances from the Central Fund and the Contingency Fund to meet any unforeseen expenditure. The president appoints a finance commission every five years. The President has the power to reconstitute the Finance Commission every five years to facilitate the financial transactions between the Centre and the States.

4. Judicial Powers

The President appoints the Chief Justice and the judges of the Supreme Court and High Courts. The President can seek legal advice from the Supreme Court on important issues. 

5. Diplomatic Powers

All international treaties and agreements are negotiated and concluded on behalf of the President. The President represents the country in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive ambassadors and high commissioners in the name of the President. The President is the first citizen of the Country.

6. Military Powers

The President is the 'Supreme Commander of the Indian Defence Forces'. The President also appoints the Chiefs of the Army, Navy, Air Force, etc. The power to declare war on another country is vested in the President.

7. Veto Power

Article 111 states about Veto Power. When a bill is presented to President for his assent, he may give his assent, may withhold his assent, or may return the bill. The objective of veto power is to prevent hasty and ill-considered legislation and to prevent a legislation which may be unconstitutional. There are four types of veto - Absolute veto, Qualified veto, Suspensive veto and Pocket veto. President of India enjoys the exercise of absolute veto, suspensive veto and pocket veto.

Absolute veto - It is the power of the president to withhold his assent to a bill and the bill does not become an act. 

Suspensive veto - It is exercised when the president returns the bill for reconsideration. If the parliament sends back the bill with or without amendments, then the president have to give assent. This veto is not exercised in the case of money bill because money bill is introduced in the parliament on the recommendation of the president.

Pocket veto - It is the power of the president not to take any action on the bill, pending it for an indefinite period. 

8. Ordinance Making Power

According to Article 123, President can promulgate ordinances when both the houses of the parliament are not in session. These ordinances must be approved by the Parliament within the six weeks of its reassembly. The ordinance can be effective for a maximum period of six months and six weeks.

9. Pardoning Power

The President has the power to grant pardon, reprieve, remit the sentences or suspend remit or commute punishment in certain cases. Article 72 defines the pardoning power.

10. Emergency Powers

The emergency powers that the President can declare are National Emergency (Article 352), State Emergency (Article 356) and Financial Emergency (Article 360). 

Vice President (Article 63 - 71)

The Vice President of India is the second highest ranking government official after the President. Vice President is the ex-officio Chairman of the Rajya Sabha. Article 63 of the constitution of india provides for a Vice President.

Election of Vice President (Article 66)

Vice President is elected by an electoral college of members of both the Houses (Rajya Sabha and Lok Sabha) of the parliament by single transferable vote by secret ballot of the Parliament. Nomination of the candidate for election to the office of vice president must be subscribed by atleast 20 electors as proposers and 20 electors as seconders. Every candidate haas to make a security deposit of Rs 15,000 in the Reserve Bank of India. All disputes arising in connection with the election of the Vice President are petitioned to the supreme court of india, which inquires into the matter. The decision of the supreme court is final. The Vice President shall act as the president during the later's absence. The term of vice president is 5 years. If the president resigns or dies in office the vice president shall act as the president for a maximum period of 6 months and before the end of that period a new president will be elected.

Qualifications of Vice President

Citizen of India. More than 35 years of age. Possess the qualification for membership of Rajya Sabha. Not hold any office of profit under union, state or local authority.

Functions of Vice President 

■ Chairman of Rajya Sabha

■ Presides over the meetings of Rajya Sabha

■ Maintains decorum and decency in Rajya Sabha

■ Allots time to members to speak

■ He is not a member of Rajya Sabha

■ Makes use of casting vote (in case of tie)

■ Acts as President in case of vacancy in the presidential office for a maximum period of 6 months. (Then he does not do his functions as the chairperson of Rajya Sabha)

Removal of Vice President

He can be removed by a resolution of the Rajya Sabha passed by an absolute majority. (Majority of the total members of the House). This resolution however must be agreed to by the Lok Sabha. Before moving such a resolution a 14 days advance notice has to be given. The vice president can hold office beyond his term of five years until his successor assumes charge. The Vice President may resign his office by writing under his hand addressed to the President. 

Council of Ministers and Prime Minister (Articles 74, 75, 77, 78)

There shall be a Council of Ministers headed by the Prime Minister to aid and advice the president in the exercise of his functions. Ministers are appointed by the president on the advice of the prime minister. The council of ministers is collectively responsible to the House of the People. A person who is not a member of parliament can remain as minister only for six months. The council of ministers consists of cabinet ministers, ministers of state and deputy ministers. Cabinet ministers are at the top of hierarchy of the ministers included in the council of the ministers.

Cabinet is the highest policy making body. All policy decisions are taken in the cabinet. Cabinet Ministers handle their portfolios independently. Some of the ministers of state are given independent charge of the ministries. Deputy Ministers assist their respective Cabinet Ministers in perfomance of their duties and responsibilities. The 91st constitutional amendment act 2000 (which was previously 97th amendment bill) limits the size of the council of ministers to 15 persons of the total strength of the Vidhan Sabha is 32 and 40 respectively. Here the maximum number has been fixed as 12 ministers. 

Prime Minister

The Prime Minister is the actual head of the Parliament. Prime Minister is the chief advisor to the president of india, head of the council of ministers and the leader of the majority party in parliament. The prime minister leads the executive branch of the Government of India. He is the chief spokesman of the Union Government. He is the Ex-officio chairman of the Planning Commission (NITI Aayog), National Development Council, National Integration Council and Inter State Council.

Powers of Prime Minister

In relation to the Parliament

■ He is usually the leader of the lower house.

■ He plays a significant role in shaping the foreign policy of the country.

■ He meets various people and listens to their problems.

■ He is the leader of the party in power.

■ He is the political head of the civil services.

In relation to the President

■ He is the channel of communication between the President and the Council of Ministers.

■ He advices the president with regard to the appointment of important officials like Attorney General, Chairman and members of UPSC, Election Commissioners, Chairman and members of Finance Commission etc.

In relation to the Council of Ministers

■ He recommends ministers to the President.

■ He allocates and reshuffles various portfolios among ministers.

■ He may ask a minister to resign or advice the president to dismiss a minister.

■ He presides over the meeting of the council of ministers.

■ He guides, directs and controls the Council of Ministers.

■ He may bring the collapse of the council of ministers by resigning.

■ He summons and decides the agenda of the cabinet meetings..

Attorney General of India (Article 76)

Article 76 provides for the officer of the Attorney General of India. He give advice to the Government on legal matter when referred to him by the President. He appear in the Supreme Court on behalf of the Government of India. He is the highest law officer of India. He is appointed by the President. He must be qualified to be appointed as judge of the Supreme Court. However, the Constitution does not mention the minimum age or retirement age. The Attorney General has the power to appear in person in any court in India and express his opinion. He can also participate in the discussions in both Houses of Parliament. He has the power to speak and take part in the proceedings of the parliament, without the right to vote. The equivalent position of Attorney General in the states is Advocate General.

Union Legislature (Article 79 - 123)

Parliament of India (Article 79 - 123)

Article 79 states that there shall be a Parliament for the Union which shall consist of the President and two houses the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The President of India is not a member of either house. Bills in both houses require the assent of the President to become law. Parliament is the highest legislative body in India. Articles 79 to 122 of Part V of the Constitution of India deal with the formation, term and functioning of Parliament. Government of India is bicameral, Rajya Sabha is the upper house and Lok Sabha is the lower house. Those elected or nominated to either house of parliament are referred to as members of Parliament or MPs. The MPs of Lok Sabha are directly elected by the Indian public. The MPs of Rajya Sabha are elected by the members of State Legislative Assemblies, in accordance with proportional representation. The term parliament originated from the French word 'parler' which means 'to discuss', 'to talk'. The most important function of the Parliament is to legislate i.e, make legislations for the development which benefits the society. The second most important function is to exercise control over the Executive.

Articles 79 to 123

Article 79 - Constitution of Parliament

Article 80 - Composition of the Council of States

Article 81 - Composition of the House of the People

Article 82 - Readjustment after each census

Article 83 - Term of the Houses of Parliament.

Article 84 - Article dealing with the qualifications of a member of Parliament.

Article 85 - Prorogation and dissolution of the sessions of Parliament.

Article 86 - Right of the President to address the Houses and send messages

Article 87 - Special address by the President.

Article 88 - The article states that all ministers have the right to attend and speak in both houses of parliament, but cannot vote in either house.

Article 89 - Article dealing with the Chairman and Deputy Chairman of the Rajya Sabha.

Article 90 - Vacancy, resignation and removal from office of Deputy Chairman

Article 91 - Power of Deputy Chairman or other person to perform the duties of the office or to act as Chairman.

Article 92 - During the consideration of a resolution to remove from office, the Chairman or the Deputy Chairman shall not preside.

Article 93 - Article dealing with the Speaker and Deputy Speaker of the Lok Sabha.

Article 94 - Speaker and Deputy Speakers' Resignations and Vacations and Removals from Office

Article 95 - The Deputy Speaker's or another individual's authority to carry out the Speaker's duties

Article 96 - During the consideration of a resolution to remove from office, the Speaker or Deputy Speaker shall not preside.

Article 97 - Article dealing with the salary and allowances of the Chairman and Deputy Chairman of the Rajya Sabha. Also dealing with the salary and allowances of the Speaker and Deputy Speaker.

Article 98 - Secretariat of Parliament.

Article 99 - Oath of office of Members of Parliament.

Article 100 - Voting in the Houses, power of the Houses to function without suffering vacancies and quorum.

Article 101 - Vacation of Seats

Article 102 - Member Disqualifications

Article 103 - Decision on questions about member disqualifications

Article 104 - Penalties for sitting and voting prior to taking an oath or affirmation under Article 99, or while disqualified or not qualified 

Article 105 - The Houses of Parliament's powers, privileges, and other aspects, as well as those of its members and committees 

Article 106 - Salaries and allowances of Members of Parliament.

Article 107 - Article that deals with the conditions for passing a bill in Parliament.

Article 108 - Article dealing with the joint sitting of Parliament.

Article 109 - Article dealing with the special procedures of the Money Bill.

Article 110 - Definition of "Money Bills" 

Article 111 - Bill Assent

Article 112 - Annual Financial statement

Article 113 - Parliamentary Procedure Concerning Estimates

Article 114 - Bills for Appropriations 

Article 115 - Extra, supplemental, or surplus grants

Article 116 - Votes on Account, Votes of Credit and Extraordinary Grants

Article 117 - Particular clauses pertaining to financial bills

Article 118 - Procedure Rules

Article 119 - Regulation by law of procedure in Parliament with regard to financial business 

Article 120 - Language to be used in Parliament.

Article 121 - An article that states that there should be no discussion in Parliament about the conduct of any judge of the Supreme Court or a High Court.

Article 122 - The article states that no court has the authority to question the proceedings of the House of Parliament, including the Speaker's ruling.

Article 123 - Power of President to promulgate ordinances during recess of Parliament.

Rajya Sabha - Council of States

Rajya Sabha or Council of States is the upper house of the Parliament. The name 'Rajya Sabha' was adopted by the Council of States in 1954. The Rajya Sabha was first constituted on April 3, 1952. Rajya Sabha held its first sitting on 13 May 1952. The Fourth Schedule of the Constitution provides for the distribution of seats in the Rajya Sabha from states and union territories. Rajya Sabha consists of 250 members out of which 238 shall be representatives of states and twelve members to be nominated by the President, who shall be persons having special knowledge or practical experience in the field of Literature, Science, Art and Social Service. The Council of State is a permanent house and is not subject to dissolution. Its one third members retire after every two years. Thus, a member of this house enjoys a term of six years. To become a member of the Rajya Sabha he/she must be atleast 30 years of age. Other qualifications are same as in becoming a member of the Lok Sabha. The candidates are elected by the Legislative Assembly of States and Union Territories by means of single transferable vote through proportional representation. With 31 seats, Uttar Pradesh has the largest membership in Rajya Sabha. Any bill (non - financial), in general, has to be approved by Rajya Sabha even if approved by Lok Sabha. The first hour of every sitting usually is the Question Hour, unless the chairman otherwise directs. The Question Hour starts at 11.00 am and concludes at 12.00 noon on five days a week (from Monday to Friday) when the House sits.

Election Process

The Rajya Sabha members are elected through indirect elections from states and union territories. The people directly elect representatives to the state legislatures and the elected Legislative Assembly Members (MLAs) elect the Rajya Sabha members from their states. In Union territories, they are indirectly elected by members of an electoral college, that is constituted for this purpose. The method of proportional representation by means of single transferable vote is used for both state and union territories. Out of 8 union territories, Puducherry (1), Delhi (3) and Jammu and Kashmir (4) have representation in Rajya Sabha.

Chairman

The Vice-President of India is the ex-officio chairman of the Rajya Sabha. He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President.

Deputy Chairman

The Deputy Chairman is elected by the Rajya Sabha from amongst its members. In the absence of the Chairman, Deputy Chairman presides over the functions and proceedings of the House. In the presence of the Chairman, the Deputy Chairman has the status of an ordinary member. In this situation, the Deputy Chairman can speak in the House, cast votes, and take part in the proceedings of the House. Deputy Chairman shall vacate his office, if he ceased to be a member of the Council.

Leader of the House

Besides the Chairman and the Deputy Chairman there is the leader of the house. This is a cabinet minister - the Prime Minister if he is a member of the house or another nominated minister. The leader has a seat next to the chairman in the front row.

Panel of Chairperson in Rajya Sabha

The Chairman of the Rajya Sabha nominates a panel of Vice-Chairpersons from among the members. In the absence of the Chairman and the Deputy Chairman, a person from this panel conducts the proceedings of the House. In the absence of any member of the panel of Vice-Chairpersons, any other person designated by the House shall act as Chairman. However, when the office of Chairman or Deputy Chairman is vacant, a member of the panel of Vice-Chairpersons shall not be the Chairman of the House. In such cases, the duties of the Chairman shall be performed by a member of the House appointed by the President.

Lok Sabha - House of the People

Lok Sabha or House of People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by a direct election with universal adult suffrage. The Lok Sabha is limited to 552 members under the Constitution, with no more than 20 members representing Union Territories and two selected by the President to represent the Anglo-Indian community. Each Lok Sabha is created for a five-year tenure and is automatically dissolved unless prolonged by a proclamation of emergency. In such cases, the term may by extended by one year increment (in 1976 the term of 6th Lok Sabha was extended by one year (10 months and 6 days). The Lok Sabha was duly constituted for the first time on 17 April 1952 after the general elections. The first session of First Lok Sabha commenced on 13 May 1952. To be a member of the Lok Sabha the person must be a citizen of India, aged 25 or over, mentally sound, should not be bankrupt and the person must not be criminally convicted. When in session Lok Sabha holds its sittings usually from 11am to 1pm and from 2pm to 6 pm. The Lok Sabha does not usually meet on Saturdays, Sundays, or other closed holidays. Each state is assigned a number of seats in the Lok Sabha such that the ratio of that number to its population is the same across all of India. First dissolution of Lok Sabha was conducted on 4th Lok Sabha in 1971. 

The additional powers of Lok Sabha compared to Rajya Sabha

• Motion of no confidence against the Government can only be introduced and passed in the Lok Sabha.

• Money bills can only be introduced in the Lok Sabha.

• Lok Sabha has equal powers with Rajya Sabha in initiating and passing any Bill of Constitutional Amendment, passing a motion for the impeachment of President, Judges of Supreme Court and High Court.

• The Rajya Sabha becomes the only Parliament in the event that the Lok Sabha is dissolved, either before or after a National Emergency is declared. It cannot be dissolved.

• The nominated members have the right to cast their vote during confidence votes and other money bills. The only exception is that nominated members are not allowed to vote during presidential elections.

• Lok Sabha has its own TV channel, Lok Sabha TV, headquartered within the Parliament premises.

Speaker

The presiding officer of the lower house is the speaker. The Speaker is the ex-officio chairman of the Business Advisory Committee and the Rules Committee. The Speaker is elected by the members of the Lok Sabha from among themselves. The Speaker oversees the privileges of Lok Sabha members. If the office of speaker becomes vacant, the Lok Sabha elects a new member. The President determines the Speaker's election date. He resigns by writing to the Deputy Speaker. If the two houses cannot agree on approving a law other than a money bill, the president shall call a joint session of the two houses to resolve the disagreement, and the Speaker shall preside over the meeting. Normally, the Speaker has no voting rights in the House, but he can utilize a casting vote if there is a tie in adopting a bill, resolution, etc. Whenever the Lok Sabha is dissolved, the speaker remains in office until the newly elected Lok Sabha meets. The Speaker decides whether a bill is a money bill, and his decision in this question is final. His decision to accept motions, resolutions, bills, amendments, notifications of questions, etc., is final. He is not expected to give reasons for his decisions which cannot be questioned by any member.

In the absence of Speaker, Deputy Speaker will perform his duties, and he is elected by the members of Lok Sabha from among themselves. The Speaker's term runs from the day he or she is elected to the position until the first session of the new parliament begins. The speaker tenders his resignation just before the beginning of the first session of the new parliament. The early termination of the Speaker's tenure can be brought in by three factors.

a. If he ceases to be a member of the Lok Sabha.

b. If he resigns by writing to the deputy Speaker.

c. If a majority of Lok Sabha members pass a motion to dismiss him (14 days notice with 50 votes).

Whenever the house meets to remove the Speaker, he cannot preside over the sitting of the house. However he may take part in the proceedings and vote (not in case of equal vote).

Additional functions of the Speaker are

• He maintains order and decorum.

• To interpret the provisions of (a) the constitution, (b) Rules of Procedure and conduct of Business in the Lok Sabha, (c) the Parliamentary conventions within the house.

• He adjourns or suspends the meeting of the House.

• He allows a 'secret' sitting of the House.

• He decides the questions of disqualifications of a member of Lok Sabha.

• He acts as the ex-officio chairman of the Indian Parliamentary Group of the Inter-Parliamentary Union.

• He appoints the chairman of all the Parliamentary Committees of Lok Sabha.

Protem Speaker

According to the constitution, the President may designate a member as the Speaker Protem, who is typically the most senior member, since the Speaker vacates his office when the new Lok Sabha convenes. The President himself administers oath of office to him. Before the first session of the newly elected Lok Sabha, the old Lok Sabha Speaker vacates his seat and the senior-most member of the present Lok Sabha is appointed by the President as the Protem Speaker. The Speaker Protem (Protem Speaker) is the person who presides over the first sitting of the Lok Sabha of the new Lok Sabha members. The Protem Speaker has all the powers of the Speaker. The Protem Speaker is the person who administers the oath to all the new Lok Sabha members. The President administers the oath to the Protem Speaker. The election of the Speaker is conducted by the Protem Speaker. The Protem Speaker's term of office shall be till the election of the new Speaker.

Deputy Speaker

The Deputy Speaker presides over the Lok Sabha in the absence of the Speaker. The Deputy Speaker is also elected from among the members of the Lok Sabha. The date of election of the Deputy Speaker is decided by the Speaker. The Deputy Speaker can preside over a joint session of both the Houses of Parliament in the absence of the Speaker. The Deputy Speaker is accountable to the House, not to the Speaker. A special power of the Deputy Speaker is that if he becomes a member of any parliamentary committee, he automatically becomes its chairman. In the presence of the Speaker, the Deputy Speaker acts like an ordinary member. The Deputy Speaker can be removed from office by a resolution passed by a majority of the members of the Lok Sabha. Notice of the resolution must be given to the Parliament 14 days before the motion is introduced. The Speaker submits his resignation to the Deputy Speaker. The Deputy Speaker submits his resignation to the Speaker. The First Deputy Speaker of Lok Sabha is M. Ananthasayanam Ayyangar.

Panel of Chairperson in Lok Sabha

The Speaker under the Rules of Lok Sabha nominates a panel of ten chairpersons. In the absence of the Speaker and Deputy Speaker, any one of them may preside over the House. A member of this panel, however, cannot preside over the House when the Speaker's and Deputy Speaker's posts are vacant. In this case the President may appoint a person for presiding over the House.

Qualifications for a Member of Lok Sabha

• Must be a citizen of India

• The person must have completed 25 years of age

• Must possess such other qualifications as may be prescribed by Parliament

• The person must be a registered voter in any parliamentary constituency under the Representation of the People Act, 1951

• Only SC/ST candidates can contest from reserved SC/ST seats.

Election Process

The members of the Lok Sabha are directly elected by the people. Indian citizens who have completed 18 years of age are eligible to vote. Initially, the minimum voting age was 21. It was reduced to 18 by the 61st Amendment. There is no proportional representation in the Lok Sabha elections, but territorial representation. For the purpose of holding elections to the Lok Sabha, the country (or, in the case of a state assembly, the state) is divided into various constituencies of approximately equal population. One representative is elected from each constituency on the basis of universal adult suffrage. Under universal adult suffrage, each person's vote is of equal value. The seats in the Lok Sabha are determined on the basis of the 1971 census.

Term of the Lok Sabha

The term of the Lok Sabha is 5 years. The Lok Sabha can be dissolved before its term if the political parties or coalitions fail to form a government after the elections or if the Prime Minister advises the President to dissolve the Lok Sabha and hold fresh elections. The President has the power to dissolve the Lok Sabha. During the Emergency, the President has the power to extend the term of the Lok Sabha once for one year. However, this cannot continue for more than six months after the Emergency is lifted.

Casting vote

The Speaker does not normally vote on a bill introduced in Parliament or the Legislative Assembly. However, if there is a deadlock in the vote for and against the bill, the Speaker or the Speaker of the House may cast a vote to resolve the deadlock. Such a vote is called a casting vote.

Leader of the Lok Sabha

The leader of the Lok Sabha is the Prime Minister. However, if the Prime Minister is not a member of the Lok Sabha, he may choose one of the ministers to be the leader of the Lok Sabha.

Leader of the Opposition

The Leader of the Opposition shall be the leader of the largest opposition party. The party in question must have won 1/10 of the total seats. The position of the Leader of the Opposition is equivalent to that of a Cabinet Minister. The main role of the Leader of the Opposition is to constructively criticize the policies of the government and to raise an alternative government.

Whip

Although the posts of Leader of the House and Leader of the Opposition are not mentioned in the Indian Constitution, they are mentioned in the House Rules and the Parliamentary Act respectively. However, the whip is a post that is not mentioned in the Constitution and the House Rules or the Parliamentary Rules. All political parties, whether ruling or opposition, have the post of whip in Parliament. The whip is responsible for ensuring the presence of the party members and ensuring their support for or against a particular issue. The party whip is responsible for controlling and monitoring the conduct of party members in Parliament and prescribing punishment for those who violate it.

Disqualifications of a Member of Parliament

Central and state employees cannot contest (but this law does not apply to ministers and members of Parliament). People who are disqualified by a court and those with mental problems cannot contest. People who are bankrupt cannot contest. Anyone who is not an Indian citizen or has acquired foreign citizenship is not eligible to contest. Those who are disqualified under the Parliament Act also cannot contest.

Circumstances under which a Member of Parliament may resign

• If a person is elected to both Houses of Parliament, he must inform the authorities within 10 days of which House he wishes to continue in. Otherwise, he will lose his membership of the Rajya Sabha.

• If a sitting member of one House is elected to another House, he will lose his membership of the first House.

• If a person is elected to two seats in a House, he must inform them in which seat he wishes to continue. Otherwise, he will lose both his memberships.

• A person cannot be a member of Parliament and a State Legislative Assembly at the same time. If he is so elected, he will lose his membership of Parliament if he does not resign his seat in the State Legislative Assembly within 14 days.

• A member who becomes constitutionally disqualified will lose his membership of Parliament.

• If a member wishes to resign, he can resign from his position by writing a letter to the Chairman in the Rajya Sabha and the Speaker in the Lok Sabha.

• If a member of Parliament goes on leave for 60 consecutive days without giving any special notice in Parliament, his membership will be forfeited.

• If a member of Parliament is elected as the President, Vice President or Governor, his membership will be forfeited.

Sessions of Parliament

Usually, there are 3 sessions of Parliament in a year.

• Budget Session (February - May)

• Monsoon Session (July - September)

• Winter Session (November - December)

During this period, the House meets every day. A 'session' is the period from the first sitting of a House to its end. The period between the end of one session and the beginning of the next session is called Recess. Parliament must meet at least twice a year. The maximum period between two sessions of Parliament is 6 months. The President convenes the session of Parliament.

Powers and Functions of the Speaker of Lok Sabha

The Speaker is the presiding officer of the Lok Sabha. The Speaker is elected from among the members of the Lok Sabha. The Speaker and the Deputy Speaker are the presiding officers of the Lok Sabha. The date of the election of the Speaker is decided by the President. The Speaker of the previous Lok Sabha vacates his office immediately before the first meeting of the new Lok Sabha. It is the responsibility of the Speaker to maintain the dignity and authority of the Lok Sabha. 

Circumstances in which the Speaker of the Lok Sabha loses his office

• If he ceases to be a member of the Lok Sabha

• If the Deputy Speaker resigns

• If he is removed by a resolution passed by a majority of the members of the Lok Sabha (such a resolution can be removed only after giving 14 days' notice).

Once the Lok Sabha proceedings for the removal of the Speaker have been initiated, the Speaker is no longer eligible to hold office. However, he can speak and participate in the proceedings of the House during this time.

Powers and Responsibilities of the Speaker

• Presides over the Lok Sabha session.

• Decides whether a bill is a money bill or not.

• Casting vote is a special right of the Speaker to resolve constitutional crises.

• The Speaker appoints and controls various officers and employees of the Lok Sabha Secretariat.

• The Speaker is responsible for protecting the rights of the Lok Sabha members and Lok Sabha committees.

• The Speaker's decision is final in all parliamentary matters.

• The Speaker decides how the House should function in accordance with the Constitution.

• The Speaker has the power to suspend the House in the absence of a quorum. The quorum is one-tenth of the total strength of the House.

• The Speaker presides over the joint sitting of Parliament with the permission of the President.

• The Speaker has the power to grant secret sittings on the request of the Leader of the House.

• The Speaker has a decisive role in deciding the disqualification of a member of the Lok Sabha on the grounds of defection as per the provisions of the Tenth Schedule.

• The Speaker acts as the ex-officio chairman of the Indian Parliamentary Group, which is the link between the Indian Parliament and various parliaments of the world.

• The Speaker appoints the chairmen of all parliamentary committees of the Lok Sabha and supervises their functioning.

• The Speaker is also the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.

Rights of the Speaker

• A resolution to remove the Speaker can be discussed and considered in the House only if it has the support of at least 50 members. He can be removed only by a resolution passed by the Lok Sabha with a special majority.

• The salary and allowances of the Speaker are fixed by Parliament. The amount for this is charged from the Consolidated Fund of India. These are not subject to an annual vote of Parliament.

• The Speaker's actions and proceedings cannot be discussed or criticized except through a resolution.

• No court has the power to question the proceedings of the House of Parliament, including the Speaker's rulings.

Parliamentary Devices

In a Parliamentary system, parliamentary devices are of much importance for the smooth running of the Houses. They are

1. Question hour

Parliamentary proceedings begin with Question Hour. The first hour of each sitting of Parliament is known as Question Hour. The time at which Question Hour begins in the Rajya Sabha has been changed since 2014. Question Hour now begins at 12 noon in the Rajya Sabha. The questions raised by the members of Parliament are answered by the ministers handling the respective departments. In addition to ministers, questions can also be asked to private members. There are usually three types of questions.

a. Starred questions

Questions that must be answered directly by the minister at the assembly level. Sub-questions can also be asked in connection with the question asked in accordance with the minister's reply. The Speaker decides whether the answer to the question should be given in writing or orally. A member has the right to ask only one starred question per day.

b. Unstarred Questions

The Minister does not have to answer such questions directly. A written answer can be placed on the table. Since it is a written answer, sub-questions cannot be raised for such questions.

c. Short Notice Questions

These are questions that raise questions on matters of urgent importance. Notice of not less than 10 days must be given for such questions.

To distinguish between starred questions, unstarred questions, short notice questions and the list of questions to private members, they are printed on green, white, light pink and yellow paper respectively.

2. Zero Hour

Zero Hour is an opportunity to raise matters of urgent importance without giving prior notice. Zero Hour is the time between Question Hour and the Agenda. It starts immediately after the question hour and lasts until the agenda for the day is taken up. Zero Hour is not mentioned in the Rules of Procedure of Parliament. Zero Hour was introduced in India in 1962. Zero Hour is India's contribution to parliamentary procedure. The duration of Zero Hour is one hour (from 12 noon to 1 am in the Lok Sabha). However, on some occasions, the duration of Zero Hour is more than one hour. In the Rajya Sabha, the procedure also begins with Zero Hour (from 11 am to 12 noon). Zero hour is an informal device available to the MPs to raise matters without any prior notice because it is not mentioned in the Rules of Procedure.

3. Point of Order

A member can protest against the proceedings of the House if he feels that they are going against the rules of the House and the normal working procedures. It is usually raised by the opposition member to control the government. A point of order is a motion to the Speaker indicating that the rules of the House or the Constitution are being violated. No discussion is allowed on a point of order.

4. Half-an-hour discussion

This is a discussion on matters of great public importance. The Speaker may allocate three days in a week for such discussions. There shall be no discussion, no motion or vote.

5. Short-duration discussion

Another name for short-duration discussion is two-hour discussion. The time allotted for this discussion shall not exceed two hours. Members of Parliament may raise such discussions on matters of urgent public importance. The Speaker may allocate two days in a week for such discussions. This system was started in 1953.

6. Special mention

Matters which cannot be raised during Question Hour, Half-an-hour discussion, Short-duration discussion, Point of Order or Adjournment Motion and which require the special attention of the Government may be presented in the Rajya Sabha. This is the Special Mention. Such issues can also be raised in the Lok Sabha through the procedure of 'Notice Under Rule 377'.

7. Resolutions

A resolution is one among the procedural devices to raise a discussion of general public interest. Resolutions are introduced by members of the House to draw the attention of the House or the Government to matters of public interest. Subject to the provisions of the rules, a member or a minister may move a resolution. All resolutions can be passed only by voting.

There are 3 types of resolutions

a. Private Member's Resolution: This is a resolution introduced by a Member of Parliament (private members) other than Ministers. It is discussed only on alternate Fridays and in the afternoon sitting.

b. Government Resolution: This is a resolution introduced by a Minister. It can be introduced on any day from Monday to Thursday.

c. Statutory Resolution: This can be introduced by a Minister or a Private Member. It is introduced in accordance with a provision in the Constitution or the Rules of Parliament.

Parliamentary Motions

A motion is a proposal by a member of the house for its opinion/decision. The person making the motion (except privileged motion) is known as the mover. He must first be recognized by the chairman as being entitled to speak this is known as obtaining the floor.

1. Closure Motion

It is moved by a member seeking to cut short the debate on a matter. If the motion is approved by the house the matter is immediately put to vote.

2. Privilege Motion

It is moved by a member when he feels that a minister has committed a breach of privilege of the house or one or more of its members by withholding facts and information or by giving wrong information. Its purpose is to censure the concerned minister.

3. Call Attention Motion

It is introduced by a member to call the attention of a minister to a matter of urgent public importance and to seek an authoritative statement from him. It is an Indian innovation and has been in existence since 1954.

4. Motion of Papers

As the exercise of calling attention is not allowed in Rajya Sabha, it has 'Motion of Papers' by which a member calls the attention of a minister to a matter of urgent importance.

5. Adjournment Motion

It is introduced in the Parliament to draw attention of the house to definite matter of urgency with the support of 50 members. It is an extra ordinary device as it interrupts with normal business of the house. It is not exercised in the Rajya Sabha as it involves an element of censure against the government.

6. No Confidence Motion

The Lok Sabha can remove the ministry from office by passing a no-confidence motion as the later is responsible to the house of people. The motion requires the support of 50 members to be admitted.

7. Censure Motion

It is moved for censuring the Council of Ministers for specific policies and actions. It can be moved against individual ministers, group of ministers or the entire council of ministers. The motion can be moved only in lok sabha and by the opposition of the house.

8. Point of Order

It is raised when the proceedings of the House do not follow the normal rules of procedure. It is usually raised by an opposition member in order to control the government. No debate is allowed on a point of order.

9. Motion of Thanks

Whenever the President addresses the sessions of the parliament, his speech is discussed in both the houses of parliament on a motion. This procedure is called Motion of Thanks. This motion is to be passed other wise it will be the defeat of the Government.

10. Cut Motion

The members of the Lok Sabha has a veto power to oppose a demand in the financial bill discussed by the government. This is an effective tool to test the strength of the government. If a cut motion is adopted by the house and the government does not have the members, it is obliged to resign. They are moved in the Lok Sabha only. They are part of the budgetary process which seeks to reduce the amount for grants.

11. No-Day-Yet-Named Motion

It is admitted by the Speaker, without specifying the date of discussion. The day is fixed in consultation with the leader of the House or on the recommendations of the Business Advisory Committee.

12. Special Motion

A matter that can't be raised during the time of any other parliamentary device can be raised under the special mention in Rajya Sabha. The same procedure in Lok Sabha is called 'Notice Motion' under Rule 377.

Various terms in relation to the Parliamentary Sessions

1. Recess

The period, between the prorogation of a House and its reassembly in a new session is called Recess.

2. Adjournment

A sitting of Parliament can be terminated by Adjournment. An Adjournment suspends the work in a sitting for specified time which may be days or weeks. A session of Parliament consists of several meetings. Each session of a day consists of two sittings. That is, one sitting from 11 am to 1 pm and another from 2 pm to 6 pm. Such meetings may sometimes have a break. It may be for hours, days or weeks. This temporary break is called an adjournment.

3. Adjournment Sine Die

Adjournment Sine Die is the suspension of the session of the House and the dissolution of the House for an indefinite period without specifying when the next sitting will be. The presiding officer usually declares it when the business of a session is completed. However, in this situation, the Speaker can order the Parliament to convene at any time.

4. Prorogation

Prorogation is the termination of a session of the House. At the end of a session, the Presiding Officer declares that the session of Parliament is over. This is done by the President under Article 85 (2). It does not however affect the bills pending before the House; but the notices lapse.

5. Dissolution

The House is dissolved when the term of the current House expires. Only the Lok Sabha can be dissolved in this way. Since the Rajya Sabha is a permanent house, it cannot be dissolved. The President has the power to do this. After this, fresh elections are also organized to form a new house. All bills, motions, resolution notices, petitions and its committees lapse when the House is dissolved.

The Lok Sabha can be dissolved in two ways.

a. Automatic dissolution (i.e. when the term of 5 years is completed)

b. When the President decides to dissolve the House

When the Lok Sabha is dissolved, all the bills, resolutions, notices, petitions, etc. under its consideration become null and void. However, some bills that are to be examined by the Government Assurance Committee do not expire when the Lok Sabha is dissolved.

Circumstances in which Bills become void (in case of dissolution of Lok Sabha)

• Bills referred to Lok Sabha for consideration shall become void.

• Bills passed by Lok Sabha and sent to Rajya Sabha shall become void.

• A Bill not passed by both the Houses due to disagreement shall not lapse if the President has notified a joint session of Lok Sabha before dissolution of Lok Sabha.

• A Bill pending in Rajya Sabha shall not become void by reason of non-passage by Lok Sabha.

• A Bill passed by both the Houses shall not become void by reason of failure to obtain the assent of the President.

• A Bill passed by both the Houses shall not become void if the House is dissolved on the ground that the President has returned a Bill passed by both the Houses for reconsideration.

6. Voting

All matters before either House or a joint sitting of both the Houses shall be decided by a vote of the members other than the Presiding Officer. For ordinary business of the House, a simple majority shall be required. Special Majority is required for impeaching the President, amending the Constitution, removing the Presiding Officers of Parliament, etc.

7. Language of Parliament

As per the Constitution, Hindi and English are the official languages ​​of Parliament. However, the Presiding Officer may allow a member to address the House in his mother tongue. According to the Official Languages ​​Act, 1963, English can be used in the House along with Hindi.

8. Quorum

It is the minimum number of members required to be present in the House before it transacts any business. A certain percentage of the members of the House must be present for a session to be held. This is called the quorum. The quorum for the session of Parliament is one-tenth (Lok Sabha - 55, Rajya Sabha - 25). In the case of states, ten or one-tenth, whichever is higher.

9. Filibuster

This is the method of prolonging the discussions in Parliament by strategically speaking in order to protect or achieve some special interests.

10. Gerrymandering

Gerrymandering is the practice of redefining constituencies in a way that benefits the current ruling political party in the next election.

11. Delimitation

Delimitation is the process of redefining the boundaries of the legislative assemblies. The Delimitation Commission is the commission that conducts the delimitation process. The years in which the Delimitation Commission was established in India are - 1952, 1963, 1973, 2002.

12. Lame Duck Session

The last session of the existing Lok Sabha after the election of a new Lok Sabha is called the Lame Duck Session. The members of the existing Lok Sabha who are not elected to the new Lok Sabha are called Lame Ducks.

13. Hung Parliament

A hung parliament is a parliament in which no party has a clear majority to form a government after a general election.

14. Coalition Government

A coalition government is a government formed by two or more parties after an election in which no party has a clear majority.

15. Expunction

Deletion of words, phrases of expression for the proceedings or records of the house by an order of the Speaker or from the proceedings or records of a committee by an order of the chairman of the committee.

16. Calendar of sittings

A provisional calendar of sittings circulated to members along with the summons for a session showing the days on which Lok Sabha is to sit and the nature of business to be transacted by it.

Joint Session of Parliament

A joint session is a constitutional mechanism for resolving differences in the two Houses of Parliament regarding the passing of a bill. Decision is taken by a majority of the total members present. After the passing of the bill in a joint sitting it is presented to the president for his assent. 

Circumstances that president can call joint sessions of two houses.

• If a bill passed by one house is rejected by the other house.

• When there is disagreement between the Houses regarding the amendments to be made to the bill

• When a bill received for consideration is not passed even after six months

Article 108 deals with a joint session. The concept of a joint session is borrowed from the Australian Constitution. The joint session of Parliament is convened by the President. The joint session is presided over by the Speaker of the Lok Sabha. In the absence of the Speaker of the Lok Sabha, the Deputy Speaker of the Lok Sabha presides. In the absence of the Speaker and the Deputy Speaker, the joint session is presided over by the Deputy Chairman of the Rajya Sabha. If the Deputy Chairman is also absent, another person chosen by the members present in the joint session will preside. The Vice President, who is the Chairman of the Rajya Sabha, cannot preside over the joint session as he is not a member of Parliament. The rules and procedures of the Lok Sabha are followed for the joint session. The quorum for a joint session is 1/10 of the total members of the Lok Sabha and the Rajya Sabha. The quorum is the minimum number of members required to commence a parliamentary proceeding.

Bills that can be passed through a joint session.

1) Ordinary Bill

2) Financial Bill Category 1

3) Financial Bill Category 2

Bills that cannot be passed through a joint session

1) Money Bill

2) Constitutional Amendment Bill

Legislature Procedure of Parliament

The main function of the parliament is to enact laws for the administration of the Union. The proposals for laws are called Bills. Bills are of two kinds - (1) Government Bills and (2) Private Members Bills. Government Bills are those bills which are introduced in the House by a Minister of the Union. Private Members Bills are those bills which are introduced by any member of parliament except Ministers. The legislative procedure adopted for passing Government and Private members bills is the same. Bills are further classified into Financial Bills (Money Bill, Financial Bill - 1, Financial Bill - 2), Constitutional Amendment Bills and Ordinary Bills. 

Legislative Procedure for passing the Money Bill

The prior consent of the president is required for introducing a Money Bill. A Money Bill can be introduced only in the Lok Sabha. A Money Bill is never considered by any joint Parliamentary Committee of both the Houses. The Money Bill is transmitted to the Rajya Sabha after it has been passed by the Lok Sabha. The Rajya Sabha has to return the Money Bill so transmitted within a period of 14 days from the date of sending. If the Rajya Sabha fails to return the Money Bill so transmitted within a period of 14 days from the date of sending. If the Rajya Sabha fails to return the Money Bill within 14 days, it shall be deemed to have been passed by Parliament in the manner it was passed by the Lok Sabha. The Rajya Sabha may return the Bill along with its recommendations and modifications to the Lok Sabha within 14 days but it is upto the Lok Sabha to accept such amendments in the Bill. If the Lok Sabha rejects the amendments proposed by the Rajya Sabha, the bill shall be deemed to have been passed by Parliament in the manner it was passed by the Lok Sabha. After the money bill is passed by Parliament, it is presented to the president for his assent. The president cannot send back a Money Bill to parliament for its reconsideration like in case of an ordinary bill. He has to grant his assent to the Money bills.

Legislative Procedure for passing the Ordinary Bill

All the bills, other than Financial Bills, Money Bills and the Constitutional Amendment Bills are ordinary Bills. The Ordinary Bills may be introduced in either House of Parliament. An Ordinary Bill may be introduced either by a Minister or by any other member of Parliament.

Parliament Budget (Article 112)

Budget is known as the Annual Financial Statement. It is an estimate of all anticipated receipts and expenditure of the union for the coming financial year. Budget is laid before parliament in the name of the parliament. Budget is presented on last working day of February of every year. Railway Budget is prepared by the Railway Minister and General Budget is prepared by the Finance Minister. Railway budget was separated from the general budget in 1921 on the recommendations of the Acworth committee. The financial year commences in India on 1st April each year. The Budget speech of the Finance Minister is usually in two parts. Part A deals with general economic survey of the country while Part B relates to taxation proposals. The 'Annual Financial Statement' is laid on the table of Rajya Sabha at the conclusion of the speech of the Finance Minister in Lok Sabha.

Vote on Account (Article 116)

This empowers the Lok Sabha to make any grant in advance for a part of any financial years to meet the expenditure of the Government between the introduction and passage of budget. It is passed usually after the general discussion on the Budget. Normally, the Vote on Account is taken for two months only. But during election year or when it is anticipated that the main Demands and Appropriation Bill will take longer time than two months, the Vote on Account may be for a period exceeding two months.

Important Parliamentary Committees

Parliamentary committee is appointed or elected by the house or nominated by the speaker/chairman. Presents the report to the house or to the speaker/chairman. Parliamentary committees are of two kinds - Standing Committee and Adhoc Committee.

1. The Standing Committees

Standing Committees are permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of procedure and Conduct of Business in Lok Sabha. The work of these committees is of continuous nature. The Financial Committees, Department Related standing committees and some other committees come under the category of standing committees.

Financial Committees

The three financial committees of the Parliament are Estimates Committee, Public Accounts Committee (PAC) and Committee on Public Undertakings.

i. Estimates Committee

Committee of 30 members (all from Lok Sabha) are elected on the principle of proportional representation, for one year term. A minister can't be elected to the committee. Its chairman nominated by the Speaker belongs to the opposition in the Lok Sabha. However, if the Deputy Speaker of the Lok Sabha is also a member of the Committee, he automatically becomes the Chairman of the Committee. The functions of the Estimate Committee is to scrutinize the budget estimates for the year, to suggest economy in expenditure, improvement in organisations and other subjects to increase efficiency.

ii. Public Accounts Committee (PAC)

The PAC committee was set up first in 1921 under the provisions of the government of india act of 1919. Public accounts committee is a joint committee consisting of 22 members (15 from Lok Sabha and 7 from Rajya Sabha). A member of the council of ministers cannot be elected as member of this committee. The Chairman of the PAC shall be the leader of the opposition of the Lok Sabha. The term of office of the committee is one year. Primary functions of PAC are,

(i) To examine and satisfy the money allotted by the parliament to the various departments through the budget, has been properly spend and that no public money is wasted.

(ii) To recommend the measures to be taken for streamlining public finance.

The comptroller and Auditor General of India serves as the friend, philosopher and guide of Public Accounts Committee. Public Accounts Committee and Estimate Committee together called the pillars of public finance. They are the two eyes which guard the public finance.

iii. Committee on Public Undertakings

Created in 1964 on the recommendation of the Krishna Menon Committee. Originally it had 15 members (10 from Lok Sabha and 5 from the Rajya Sabha). In 1974 membership was raised to 22 (15 from Lok Sabha and 7 from Rajya Sabha). It examines and sometimes supervises the functioning of Government owned companies or public undertaking including their finances. The Chairman of the Committee on Public Undertaking is appointed by the Speaker from the Lok Sabha members elected to the committee. Every year, one fifth members of the committee retires and new members are elected in their place.

Department Relating Standing Committees (DRSCs)

There are 24 Departmentally Related Standing Committees covering under their jurisdiction all the Ministers/Departments of the Government of India. Each of these committees consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha) to be nominated by the Speaker (Lok Sabha) and Chairman (Rajya Sabha) respectively. The term of office of these committees does not exceed one year. Out of 24 committees, 8 committees are serviced by the Rajya Sabha Secretariat and 16 committees by the Lok Sabha Secretariat.

The functions of these committees are,

(a) Consideration of Demands for Grants

(b) Examination of Bills referred to by the Chairman (Rajya Sabha) or the Speaker (Lok Sabha) as the case may be

(c) Consideration of Annual Reports

(d) Consideration of national basic long term policy documents presented to the Houses

Other Standing Committees

The Business Advisory Committee

Concerned with planning and regulation of the business of the house. Consists of 15 members including the Speaker of Lok Sabha who is the ex-officio Chairman. The members are nominated by the Speaker. In the Rajya Sabha, the Business Advisory Committee has 11 members including the chairman as its ex-officio chairman.

The Rules Committee

It lays down and amends rules of procedure for conducting the functions of the house. 15 members are in the committee. The ex-officio chairman is the Speaker of Lok Sabha. In Rajya Sabha, the Rules committee has 16 members including the chairman as its ex-officio chairman.

Committee on Petition

Examines petition made by the member of the house and give its opinion for remedial measures. It has 15 members. No minister can be its member.

Committee on Privileges

Primary purpose is to protect the privileges or special rights of the members of the house. It has 15 members, nominated by the speaker. Chairman is Deputy Speaker of Lok Sabha.

Committee on Subordinate Legislature

It was constituted in 1953. It ensures the rule making power delegated to the ministers and top officials is not misused and that the executive faithfully executes the law passed by the parliament. It has 15 members. No minister can be a member of this committee. It is constituted every year.

Joint Committee on Offices of Profit

It examines the composition and character of committees and other bodies appointed by the central, state and union territory. It recommends whether person holding these offices should be disqualified from being elected its members of parliament or not. It has 15 members (10 from Lok Sabha and 5 from Rajya Sabha).

Committee on Empowerment of Women

It was constituted in 1997. It consists of 30 members (20 from lok sabha and 10 from rajya sabha). It considers the reports of the National Commission for women.

Committee on the absence of Member

It examines the leave application of the members for their absence from the house. It had 15 members. Rajya Sabha has no such committee.

Committee on Government Assurances

This committee consists of 15 members nominated by the Speaker. A minister is not nominated to this committee. The functions of this committee are to scrutinize the assurances made by the ministers while replying to questions on the House or during discussions on Bills, Resolutions, Motions etc and to report to Lok Sabha on the extent to which such assurances etc have been implemented.

Committee on Papers laid on the Table

The committee consists of 15 members nominated by the speaker. Its function is to examine all papers laid on the table of the House of Ministers and to report to the House.

Committee on Private Members Bills and Resolutions

The committee consists of 15 members and the Deputy Speaker is its chairman when nominated as a member of the committee. The functions of the committee are to allot time to Private Members Bills and resolution, to examine Private Members Bills seeking to amend the constitution before their introduction in Lok Sabha and to classify them according to their nature, urgency and importance.

General Purpose Committee

The presiding officer of the concerned house is ex-officer chairman of the committee. The committee is constituted to advise on such adhoc matters concerning the affairs of the house and its member as do not appropriately fall within the purview of any other parliamentary committee and which may be referred to it from time to time.

House Committee

The House Committee consists of not more than twelve members appointed by the speaker. The committee holds office for a term not exceeding one year. A member may be re-nominated by the speaker to the new House Committee. The committee deals with all questions relating to residential accommodation for members of Lok Sabha and to exercise supervision over facilities for accommodation, food, medical aid and other amenities.

Joint Committee on Salaries and Allowances of MP

Ten Members of Lok Sabha and five members of Rajya Sabha are nominated by the Speaker (Lok Sabha) and the Chairman (Rajya Sabha) respectively. To make rules after consultation with the central government to provide for travelling and daily allowances, medical, housing, telephone, postal, water, electricity, constituency and secretarial facilities etc to members of both houses.

Library Committee

Library Committee consists of 9 members. 6 members of Lok Sabha and 3 member of Rajya Sabha nominated by the Speaker (Lok Sabha) and the Chairman (Rajya Sabha) respectively. It considers matters concerning the Library. It consider suggestions for the improvement of the Library and assist members of both houses in fully utilising the services provided by the Library. 

Committee on the welfare of Scheduled Castes and Scheduled Tribes

The committee consists of 30 members - 20 elected by Lok Sabha every year from amongst its members and 10 member nominated from Rajya Sabha. The chairman of the committee is appointed by the speaker. The term of the office of the members of the committee is one year. A minister is not eligible to be elected as a member of the committee. The function of the committee is to consider the reports submitted by the National Commission for the SC and ST and to report on the action taken by Government there on.

Ethics Committee

Created in Rajya Sabha in 1997 and in Lok Sabha in 2000. Ethics Committee enforces the code of conduct of members of Parliament.

2. Ad hoc Committees

Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. Adhoc Committee can be divided into Inquiry Committees and Advisory Committees. Some Ad hoc committees are as follows.

i. Select and Joint Committees on Bills

A bill introduced in the house at its committee stage goes to a committee called select committee and it is meant for a particular bill. As soon as it completes its entrusted work, the committee is dissolved.

ii. Railway Convention Committee

The Railway Convention Committee is an ad hoc committee. The main function of the committee is to review the Rate of Dividend payable by the Railways undertaking to General Revenues as well as other ancillary matters in connection with the Railway Finance, the General Finance and make recommendations thereon.

Ordinance (Article 123)

According to Article 123, President can promulgate ordinances when both the houses of the parliament are not in session. These ordinances must be approved by the Parliament within the six weeks of its reassembly. The ordinance can be effective for a maximum period of six months and six weeks.

The Union Judiciary (Article 124 - 147)

The Supreme Court is the apex court in the country. Supreme court is Court of record, Federal Court, Court of appeal and Guardian of the constitution. Supreme Court is located in Delhi without any benches in any part of the nation and is presided by the Chief Justice of India. The Supreme Court of India comprises of the Chief Justice and not more than 30 other judges appointed by the president. Judges hold office till 65 year of age. The salaries of the judges of the supreme court are drawn from the Consolidated Fund of India. The Supreme Court of India held its inaugural sitting on 28 January 1950. In order to be appointed as a judge of the supreme court, a person must be a citizen of india and must have been for atleast five years, a judge of a high court or of two or more such courts in succession, or an advocate of high court or two or more such courts in succession for atleast ten years, or the person must be in the opinion of the president, a distingushed Jurist.

A person who has been a judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India. Under Article 129 and 142 of the constitution, the supreme court has been vested with power to punish anyone for contempt of any law court in India including itself. The Supreme Court has the power to transfer the cases from one high court to another and even from one district court of a particular state to another district court of the other state. The supreme court of india possesses the power of constitutional review. The proceedings of the supreme court was conducted in english only. The original constitution of 1950 envisaged a supreme court with a chief justice and seven judges leaving it to parliament to increase the number. On 21st February 2008, the Union Cabinet gave its nod to increase the number of judges in the supreme court from 26 to 31. As the number of the judges has increased they sit in smaller benches of two or three - coming together in larger benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. 

The supreme court enjoys the following jurisdiction.

i. Original Jurisdiction (Article 131) - It is meant for that cases involving a dispute between the union government and state government or a dispute among the state governments themselves. Supreme Court settles such case by interpreting the constitution.

ii. Appellate Jurisdiction - It meant that appeal petition can be taken before the Supreme Court from the judgement or decision of the high court on cases involving civil, criminal etc matter after its judgement.

iii. Advisory Jurisdiction (Article 143) - It is meant that the president of india can refer to the supreme court for its advice or opinion if he has some doubt on a law or constitution or a fact.

iv. Review Jurisdiction - Both the supreme court and high court have been given the power to review and reconsider their own judgements.

The Registry of the Supreme Court is headed by the Registrar General. The Registrar General is assisted in his work by three Registrars, four additional Registrars, twelve point Registrars etc. Article 146 of the constitution deals with the appointments of officers and servants of the Supreme Court Registry. 

Article 124 (4) of constitution of india lays down the procedure for removal of a judge of supreme court which is applicable to chief justice as well. One appointed, the Chief Justice remains in office until his retirement. He can be removed from his office only by the process of impeachment.

Free Legal Aid

Free legal aid is provided to the poor and helpless people by the National Legal Service Authority. Under the free legal aid Government make an advocate available, deposit the court fee on behalf of the litigant and other expenses. Those eligible for free legal aid are - members of SC/ST, Women and children or the handicapped, victims of natural disasters or human violence unemployed or persons put in mental asylum etc. Inorder to get free legal aid one has to contact the supreme court, high court and the secretary of district legal service committee.

Public Interest Litigation

In a public interest litigation the court gives judgement in public interest on such matters as the basic needs of life, exploitation, environment, child labour, exploitation of women etc. If some person or institution just informs the court, it investigates the matter and decides in the context of facts. Such cases are called Public Interest Litigation. The PIL can be presented only in a high court or the supreme court. The PIL was started by justice PN.Bhagwati and VK.Krishna Aiyer in 1970.

Union Judiciary (Article 124 - 147)

Article 124: Establishment and constitution of Supreme Court

Article 125: Salaries, etc., of Judges

Article 126: Appointment of acting Chief Justice

Article 127: Appointment of ad hoc Judges

Article 128: Attendance of retired Judges at sittings of the Supreme Court

Article 129: Supreme Court to be a court of record

Article 130: Seat of Supreme Court

Article 131: Original jurisdiction of the Supreme Court

Article 132: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters

Article 134A: Certificate for appeal to the Supreme Court

Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

Article 136: Special leave to appeal by the Supreme Court

Article 137: Review of judgments or orders by the Supreme Court

Article 138: Enlargement of the jurisdiction of the Supreme Court

Article 139: Conferment on the Supreme Court of powers to issue certain writs

Article 139A: Transfer of certain cases

Article 140: Ancillary powers of Supreme Court

Article 141: Law declared by Supreme Court to be binding on all courts

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Article 143: Power of President to consult Supreme Court

Article 144: Civil and judicial authorities to act in aid of the Supreme Court

Article 145: Rules of Court, etc.

Article 146: Officers and servants and the expenses of the Supreme Court

Article 147: Interpretation

Comptroller and the Auditor General of India (Article 148 - 151)

The Comptroller and the Auditor General of India is an authority who audits all receipts and expenditure of Government of India and the state governments. The CAG is mentioned in the Constitution of India under Article 148 - 151. The CAG is the external auditor of government owned companies. He ascertains and certifies the net proceeds of any tax or duty. He complies and maintains the accounts of state governments.

The CAG of india is also the head of the Indian Audit and Accounts department. The CAG is appointed by the President of India following a recommendation by the Prime Minister. He is appointed for a period of 6 years or 65 years of age whichever is earlier. The salary and other conditions of service of the CAG are determined by the Parliament of India. The CAG is not eligible for further office either under the Government of India or under the Government of any state after he has ceased to hold the office. CAG can be removed from office through a procedure of impeachment. He acts as the friend, philosopher and guide of the public accounts committee of the parliament. The CAG is ranked 9th and enjoys the same status as a judge of supreme court of india in indian order of precedence.

Comptroller and Auditor General of India (Article 148 - 151)

Article 148: Comptroller and Auditor-General of India

Article 149: Duties and powers of the Comptroller and Auditor-General

Article 150: Form of accounts of the Union and of the States

Article 151: Audit reports

PART VI - THE STATES (Article 152 - 237)

Part VI of the Constitution deals with provisions for the functioning of the State governments. It defines a parliamentary system of government at the state level, a federal system of government, and the judicial system at the state level. Part VI of the constitution deals with the States - the State Executive, the State Legislative and  the State Judiciary.

The State Executive

State Executive consists of governor, chief minister, council of ministers and the advocate General of India.

Governor of the State

Governor is the constitutional head of the state. Governor is appointed by the President and not elected. Governor is the chief executive head of the state. He is a nominal or titular head. He acts as the agent of central government. Same person can be appointed as the governor for two or more states. The emoluments and allowances payable to him are shared by the states in such a proportion as determined by the President. Inorder to be appointed as a Governor of a State. He must be a citizen of india, be atleast thirty-five years old. He must not be a member of the either house of the Parliament or house of the state legislature, not hold any other office of profit. Governor nominates one member of the Anglo-Indian community to the legislative assembly of his state. During his term of office, he cannot be arrested or imprisoned. However after giving two months notice, civil proceedings can be instituted. Oath of Office of governor is administered by the chief justice of the concerned state high court and in his absence, the senior most judge of that court available. A Governor possesses Executive, Legislative, Financial and Judicial Powers analogous to the President of India. Governor has no power to pardon death sentence.

Indian Constitution does not provide any procedure to remove Governor. Governor appoints the leader of the majority party in the state legislative assembly as the Chief Minister. The Governor also appoints the other members of the council of ministers and distributes portfolios to them on the advice of the chief minister. Governor appoints the Advocate General and the chairman and members of the State Public Service Commission. The President consults the Governor in the appointment of judges of the High Courts and the Supreme Court of the District Courts. 

A bill that the state legislature has passed, can become a law only after the Governor gives assent. The Governor can return a bill to the state legislature, if it is not a money bill, for reconsideration. However, if the state legislature sends it back to the Governor for the second time, the Governor must assent to it. The term of Governor's office is normally 5 years but it can be terminated earlier by 

1. Dismissal by the President on the advice of the Prime Minister of the country, at whose pleasure the Governor holds office.

2. Resignation by the governor.

There is no provision of impeachment, as it happens for the President. Governor is not answerable to any court for the performance of the power and duties of his office. Governor has the right of summoning or promulgating the State Legislative Assembly. He attends the State Legislature at the commencement of the first session after each general election and the first session of each year. Money Bill can be introduced in the State Legislature only with the prior recommendation of the Governor. When the state legislature is not in session and the governor consider if necessary to have a law, then the governor can promulgate ordinances. These ordinances are submitted to state legislature at its next session. They remain valid for no more as six weeks from the date the state legislature is reconvened unless approved by it earlier. He can make advances out of the contingency fund of the state to meet any unforeseen expenditure. If no party gets an absolute majority, the governor can use his discretion in the selection of the Chief Minister. During an emergency he acts as an agent of the President and becomes the real ruler of the state. At such times, he can override the advice of the council of ministers. He can pardon the punishment awarded to any criminal under the state rules.

Is their is any provision to initiate impeachment against the Governor and Attorney General?

Ans: No. The proceedings against the Governor and the Attorney General are appointed by the President. The Governor is appointed for a period of five years but the President can remove from office even after expiry of five years, because the Governor remains in his office during the pleasure of the President. Similarly, the Attorney General can also be removed the President before the expiry of his term of office.

Council of Ministers & Chief Minister

There shall be a council of ministers with the chief minister at the head to aid and advise the Governor in the exercise of his functions. The state council of ministers formulates the policies for state administration.

The chief minister is the real executive and is the head of a government of a state. The position of the chief minister at the state level is analogous to the position of the prime minister at the centre. He can any time recommend the governor for the dissolution of the state legislative assembly. He announces the government policies on the floor of the House. Normally the leader of the majority party in the Vidhan Sabha is appointed as the chief minister by the Governor. The governor shall administer the oath of office and secrecy to the ministers. The salaries and allowances of the ministers shall be determined by the State Legislature. A person who is not a member of the state legislature can be appointed as chief minister for six months, within which time he should be elected to the state legislature. Chief Minister is the chairman of the State Planning Board and the crisis manager in chief at the political level during emergencies.

The Advocate General

The Advocate General is the first law officer of a state. His office and functions are comparable to that of the Attorney General of India. He is appointed by the Governor and holds the office during his pleasure. His remunerations are also determined by the Governor. To be appointed to the office of the Advocate General, he/she must be qualified to be a Judge of the High Court. He has the right to attend and speak in the proceedings of the two Houses of the State Legislature without any right to vote. He has the right of audience in any court in the state. He enjoys all the privileges and immunities that are available to a member of the state legislature.

The State Executive (Article 153 - 167)

Article 152: Definition

Article 153: Governors of States

Article 154: Executive power of State

Article 155: Appointment of Governor

Article 156: Term of office of Governor

Article 157: Qualifications for appointment as Governor

Article 158: Conditions of Governor’s office

Article 159: Oath or affirmation by the Governor

Article 160: Discharge of the functions of the Governor in certain contingencies

Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 162: Extent of executive power of State

Article 163: Council of Ministers to aid and advise Governor

Article 164: Other provisions as to Ministers

Article 165: Advocate-General for the State

Article 166: Conduct of business of the Government of a State

Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc.

The State Legislature (Article 168 - 212)

State Legislatures may be bicameral or unicameral. A state is said to be unicameral if it has only one house of parliament. In a state with a bicameral legislature, there are two houses, the lower house is called the Legislative Assembly or Vidhan Sabha and the upper house is called the Legislative Council or Vidhan Parishad. The Legislature of every State consists of the Governor and one or two houses. 

Legislative Council (Vidhan Parishad) - As per the constitution, the number of members of the Legislative Council is not to exceed one-third of the total strength of the State Assembly. However, its strength should not to be less than 40 either. The members of the Legislative Council are derived from various sections and stream of the society. 

a. Not less than 1/3 to be elected by the Panchayats, Municipalities, District Boards, etc.

b. Not less than one-third to be elected by the Legislative Assembly.

c. Not less than one-twelfth to be elected by the graduates of three years standing residing in the State.

d. Not less than one-twelfth to be elected by the persons having experience of three years in educational institutions.

e. The remainder one-sixth to be nominated by the Governor from among the distinguished persons of the society in the field of literature, science, arts, cooperative movement and social service.

Just like the Rajya Sabha at the Centre, the Legislative Council of a state is never dissolved. The members are elected for a term of 6 years and 1/3rd of its members retire every two years. 

Creation and Abolition of Legislative Council

The Parliament, under Article 169, is empowered to create or abolish the Legislative Council in a State. If the Legislative Council is to be created or abolished, the concerned State Legislative Assembly should pass a resolution to this effect by a majority of not less than 2/3rd of the members present and voting. After this, the Bill goes to the parliament for approval, which may or may not pass it. In Parliament, such a resolution is passed by a simple majority.

Legislative Assembly (Vidhan Sabha) - The Legislative Assembly is the popular House of the State egislature where members are directly elected by the people for a term of five years, unless the house is dissolved by the governor earlier. The strength of this popular house should not be less than 60 or more than 500. However, the president has the power to alter this number. The Governor may nominate one member from the Anglo-Indian community to this House, if he thinks that the community is not adequately represented.

Legislative Procedure

In an Unicameral Legislature, the procedure is very simple. Every bill originates in the Vidhan Sabha, duly passed by it and then sent to the Governor for his assent. However, in a Bicameral Legislature, the process is different. The Money Bill follows the similar procedure as in the Parliament. In matters related to ordinary bills, there is no provision of joint sitting. Similar to the Lok Sabha and Rajya Sabha the Legislative Assembly has a speaker and Deputy Speaker and the Legislative Council has a chairman and a Deputy Chairman. They are elected from among the members of the House.

The State Legislature (Article 168 - 212)

Article 168: Constitution of Legislatures in States

Article 169: Abolition or creation of Legislative Councils in States

Article 170: Composition of the Legislative Assemblies

Article 171: Composition of the Legislative Councils

Article 172: Duration of State Legislatures

Article 173: Qualification for membership of the State Legislature

Article 174: Sessions of the State Legislature, prorogation and dissolution

Article 175: Right of Governor to address and send messages to the House or Houses

Article 176: Special address by the Governor

Article 177: Rights of Ministers and Advocate-General as respects the Houses

Article 178: The Speaker and Deputy Speaker of the Legislative Assembly

Article 179: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

Article 180: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

Article 181: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

Article 182: The Chairman and Deputy Chairman of the Legislative Council

Article 183: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

Article 184: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

Article 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

Article 186: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

Article 187: Secretariat of State Legislature

Article 188: Oath or affirmation by members

Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Article 190: Vacation of seats

Article 191: Disqualifications for membership

Article 192: Decision on questions as to disqualifications of members

Article 193: Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof

Article 195: Salaries and allowances of members

Article 196: Provisions as to introduction and passing of Bills

Article 197: Restriction on powers of Legislative Council as to Bills other than Money Bills

Article 198: Special procedure in respect of Money Bills

Article 199: Definition of “Money Bills”

Article 200: Assent to Bills

Article 201: Bills reserved for consideration

Article 202: Annual financial statement

Article 203: Procedure in Legislature with respect to estimates

Article 204: Appropriation Bills

Article 205: Supplementary, additional or excess grants

Article 206: Votes on account, votes of credit and exceptional grants

Article 207: Special provisions as to financial Bills

Article 208: Rules of procedure

Article 209: Regulation by law of procedure in the Legislature of the State in relation to financial business

Article 210: Language to be used in the Legislature

Article 211: Restriction on discussion in the Legislature

Article 212: Courts not to inquire into proceedings of the Legislature

Legislative Power of the Governor

Article 213: Power of Governor to promulgate Ordinances during recess of Legislature

The State Judiciary (Article 214 - 237)

The State Judiciary consists of a High Court for each state followed by the District Courts and Subordinate Courts. The lower courts operate under the direct supervision of the higher courts. 

High Courts

High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution. The High Courts are the principal civil courts of original jurisdiction in the state along with district courts which are subordinate to the High Courts. Judges in a High Court are appointed by the President of India in consultation with the Chief Justice and the Governor of the State. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher. 

The judges of the High Courts of India can remain in office till the age of sixty two. The judges of the High Court must be an Indian Citizen and must have ten years of experience in adjudication or in legal practice. The proposal of removal of the judges must be passed by a two thirds majority of the members present in the legislature. The proposal then shall be sent to the President for his assent. The President will then ask the judge to resign. 

The High Court of India acts as the court of original jurisdiction and the court of Appellate Jurisdiction at the same time. The High Court of India have the power of superintendence over all the lower courts of a state except the Military Tribunals. As the head of the judiciary in the state, the High Court has administrative control over the subordinate in the state. The High Court is a Court of Record. This means that all regards that all cases that come to the High Court are kept with the extreme care possible and these records are later referred to in dealing with other cases.

Subordinate Courts

In every state besides the High Court there are number of judicial courts to administer justice. These courts function under the complete control and supervision of the High Court. There are two types of subordinate courts in every district - civil and criminal courts.

Civil Courts

The Court of the District judges is the highest civil court in a district. It exercises both judicial and administrative powers. The court of the District Judge is located at the district headquarters. Below the court of the District Judge are the courts of sub-judge, Additional Sub-Judge and Munsif Courts. Most of the civil cases are filed in the court of the Munsif. The court of the District Judge has both original and appellate jurisdiction.

Criminal Courts

Under criminal courts, there are courts of the District and Sessions Judge, Additional Sessions Judges, Assistant Session Judge and the courts of the first class magistrates. The district and session judge may pass any legal sentence but a death sentence is subject to confirmation by the High Court. An Assistant - Session Judge has the power to sentence a person to ten years imprisonment. A first class Magistrate may pass a sentence of imprisonment not exceeding two years or a fine not exceeding one thousand rupees. Beside this there are courts of second class and third class Magistrates also.

Revenue Courts

The Board of Revenue is at the apex of all the revenue courts. Under the Board of Revenue are the Commissioner's Court, Court of Tahsildar and Nayab Tahsildar. Each district has separate courts for its land revenue system. Every dispute related with land revenue first comes before the Court of Tahsildar. The Board of Revenue hears the final appeals against all the lower revenue courts under it. For providing speedy and economical justice of the poor and the downtrodden. Legal Aid, Lok Adalat and Public Interest Litigation have been introduced in the country. 

Administrative Tribunals

According to the provision of Article 323 (A), the Administrative Tribunals Act, 1985 was enacted by Parliament. The tribunals adjudicate disputes and complaints relating to recruitment and condition of service of persons appointed to public services and posts in connection with affairs of the Union and the state. A tribunal can be checked by a High Court for exceeding its jurisdiction if its order is contrary to natural justice.

Family Courts

The family courts have been established under the Family Courts Act 1984. Family Courts aim at promoting conciliation in and securing speedy settlement of disputes relating to marriage and family affairs. Appeals against the orders of the family courts can be made to the High Court. Under article 136 of the constitution appeals can be presented in the Supreme Court also.

State Judiciary (Article 214 - 237)

Article 214: High Courts for States

Article 215: High Courts to be courts of record

Article 216: Constitution of High Courts

Article 217: Appointment and conditions of the office of a Judge of a High Court

Article 218: Application of certain provisions relating to Supreme Court to High Courts

Article 219: Oath or affirmation by Judges of High Courts

Article 220: Restriction on practice after being a permanent Judge

Article 221: Salaries, etc., of Judges

Article 222: Transfer of a Judge from one High Court to another

Article 223: Appointment of acting Chief Justice

Article 224: Appointment of additional and acting Judges

Article 224A: Appointment of retired Judges at sittings of High Courts

Article 225: Jurisdiction of existing High Courts

Article 226: Power of High Courts to issue certain writs

Article 227: Power of superintendence over all courts by the High Court

Article 228: Transfer of certain cases to High Court

Article 229: Officers and servants and the expenses of High Courts

Article 230: Extension of jurisdiction of High Courts to Union territories

Article 231: Establishment of a common High Court for two or more States

Article 232: The Article 232 was omitted from the Indian Constitution to give effect to the State Reorganisation process in 1956.

Subordinate Courts

Article 233: Appointment of district judges

Article 233A: Validation of appointments of, and judgments, etc., delivered by, certain district judges

Article 234: Recruitment of persons other than district judges to the judicial service

Article 235: Control over subordinate courts

Article 236: Interpretation

Article 237: Application of the provisions of this Chapter to certain class or classes of magistrates.

PART VII - THE STATES IN PART B OF THE FIRST SCHEDULE (Article 238)

It has only one article, that is, Article 238. It was repealed by the Constitution (7th Amendment) Act, 1956 (with effect from 1-11-1956). Part B states were former princely states or groups of princely states. These states were governed by a Rajpramukh. Rajpramukh is the ruler of a constituent state and an elected legislature. He was appointed by the President of India.

Article 238: Application of provisions of Part VI to States in Part B of the First Schedule

PART VIII - THE UNION TERRITORIES (Article 239 - 242)

Part VIII of the Constitution is concerned with the administration of the Union Territories, including the National Capital Territory of Delhi. The Union Territories are small regions of strategic or historical significance which are governed directly by the Union government. The Union Territory is the administrative division of India. It is ruled directly by the Central Government. The president of india appoints an administrator or lieutenant governor for each Union Territory. When the Legislative Assembly of a Union Territory is not in session a circumstance arise for which an immediate action is to be taken, the administrator may promulgate ordinances, provided that such ordinances is issued after obtaining instructions from the President. Parliament is empowered to constitute a High Court for any Union Territory or to declare an existing court there to be a High Court. Such a High Court will have the same functions and powers as any other High Court in India except such modifications or exceptions as parliament may provide by law. Until a High Court is established, those high Court under whose jurisdiction these territories had remained will continue to exercise jurisdiction in relation to these territories. Parliament has the power to make any change with respect to this jurisdiction.

Union Territories (Article 239 - 242)

Article 239: Administration of Union territories

Article 239A: Creation of local Legislatures or Council of Ministers or both for certain Union territories

Article 239AA: Special provisions with respect to Delhi

Article 239AB: Provision in case of failure of constitutional machinery

Article 239B: Power of administrator to promulgate Ordinances during recess of Legislature

Article 240: Power of President to make regulations for certain Union territories

Article 241: High Courts for Union territories

Article 242: Coorg

PART IX - PANCHAYATS (Article 243, 243A - 243O)

Panchayat means an institution of self-government constituted under article 243 B for the rural areas. Panchayat Raj System is a three tier system in the state with elected bodies at the village, Taluk and District levels. It ensures greater participation of people and more effective implementation of rural development programmes. It was constitutionalized through the 73rd constitutional amendment of 1992.

Panchayati Raj

The Indian constitution made special mention of Panchayati Raj Institutions under the Directive Principles of State Policy. Article 40 of the Constitution says "The state shall take steps to organise village Panchayats and endow them with such power and authority as may be necessary to enable them to function as units of self-government".

Balwant Rai Mehta Committee

The central government appointed Balwant Rai Mehta Committee in 1956 to examine the working of the Community Development programme (1956) and the National Extension Service (1953) and to suggest its measures for their better working. The Mehta Committee submitted its recommendations to the government in 1957. The committee suggested a scheme of Democratic Decentralisation to ensure people's participation in the development programmes. It recommended a three tier structure of local self-government from village level to the district level.

Ashok Mehta Committee

The Janata Party Government in 1977, appointed Ashok Mehta Committee, to examine the functioning of Panchayati Raj Institutions and to recommend suitable measures for improving their effectiveness. The committee submited its recommendations in 1978. It recommended two levels tier structure instead of existing three levels.

73rd Amendment

The 73rd Amendment gives village, block and district level bodies a constitutional status under Indian law. At the village level, the most important provisions relating to participation and accountability are those governing reservations and the Gram Sabha. Under the 73rd Amendment one-third of all seats must be reserved for women. Likewise, reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) are made in proportion to their population.

Grama Sabha

Grama Sabha consists of all the adult members (those who have attained the age of 18 years or more) of a village or a cluster of villages constituting grama sabha. Grama Sabha is a permanent body and it is not subject to dissolution. The Grama Sabha monitors and evaluates the activities of the Grama Panchayat.

Functions of Grama Sabha

The functions of the Grama Sabha are as follows

a. to approve the budget for the year;

b. to consider new taxes which the Grama Panchayat may like to levy;

c. to review the audit report of the last year's accounts of the Panchayat;

d. Grama Sabha elects the Grama Pradhan as well as the members of the Grama Panchayats;

e. If the President or the Vice President are not working properly, they can be removed from their offices, provided two-thirds of the members of the Grama Sabha pass a resolution to that effect;

f. It oversees all other activities regarding the village.

Grama Panchayat

Grama Panchayat is a small body whose members are elected by the members of the Grama Sabha. The term of office of grama panchayat is usually five years. Grama Panchayat is an executive organ of the grama sabha. The gram panchayat is the foundation of the panchayat system. A gram panchayat can be set up in villages with minimum population of 300. The Sarpanch or Chairperson is the head of the gram panchayat.

Nyaya Panchayats

In some states in certain grama sabhas the Nyaya Panchayats have been organised. The jurisdiction of nyaya panchayats (or panchayats) varies from state to state. However, a panchayat tries only petty civil suits relating to movable property and minor offences. Offences such as petty thefts, trespass, unauthorised occupation of public places, cheating and assault fall within the jurisdiction of a panchayat. The panchayats have no power to imprison a person, they can only fine upto Rs. 1000.

Panchayat Samiti

At the Block level, there exists the panchayat samiti to co-ordinate the activities of all the village panchayats in each Block.

Functions of Panchayat Samiti

The panchayat samiti performs the following functions.

a) It prepares plans and schemes for development at the block level. These schemes and plans are implemented after their approval by the state government.

b) It is responsible for the implementation of community development programme at the block level.

c) It is also responsible for development activities such as health, primary education, sanitation, means of transport and communication in areas falling in its jurisdiction.

d) It monitors and supervises the activities of grama panchayat coming within its jurisdiction.

e) It can modify the Budget prepared by grama panchayats and can make suggestions for improving the performance of grama panchayats.

The Block Development Officer (BDO) happens to be the executive officer of the Panchayat Samiti. The BDO is assisted by Assistant Development Officers and Village level workers known as Grama Vikas Adhikaris. The BDO and these functionaries implement the programmes and schemes of development approved by the panchayat samiti.

Zila Parishad

Zila Parishad is an apex body under the Panchayati Raj. It coordinates the activities of the various panchayat samitis.

Functions of Zila Parishad

a) To coordinate the development programmes and plans of panchayat samitis. 

b) To distribute development grants, received from the state government among the panchayat samitis. 

c) To examine the Budget passed by the panchayat samitis and make necessary direction to them. 

d) They inform the state government regarding the progress of development activities of panchayats. The Zila Parishad also receives necessary guidelines and directions from the state government in this regard.

e) To organise meetings of Grama Pradhans and Block Pramukhs from time to time and keep in touch with their development activities.

f) To ensure the timely completion of agricultural and development programmes being implemented in the district.

g) To take effective measures for completion of other activities and programme entrusted by the state government, such as Adult Education Programmes, Primary Education Schemes etc.

h) To advise the state government about the development programmes, when asked for such advice. 

Panchayats (Article 243, 243A - 243O)

Article 243: Definitions

Article 243A: Gram Sabha

Article 243B: Constitution of Panchayats

Article 243C: Composition of Panchayats

Article 243D: Reservation of seats

Article 243E: Duration of Panchayats, etc.,

Article 243F: Disqualifications for membership

Article 243G: Powers, authority and responsibilities of Panchayats

Article 243H: Powers to impose taxes by, and Funds of, the Panchayats

Article 243I: Constitution of Finance Commission to review financial position

Article 243J: Audit of accounts of Panchayats

Article 243K: Elections to the Panchayats

Article 243L: Application to Union territories

Article 243M: Part not to apply to certain areas

Article 243N: Continuance of existing laws and Panchayats

Article 243O: Bar to interference by courts in electoral matters

PART IXA - MUNCIPALITIES (Article 243P - 243ZG)

Part IXA of the Constitution was inserted by the Constitution (74th Amendment) Act, 1992. It contains provisions for local self government at the urban level. The 74th Constitutional Amendment Act, related to Muncipalities came into effect on June 1, 1993. Municipalities are local self governments that govern small, sparsely populated cities. Members of the municipality are directly elected by the people of the municipal area. For the purpose of making the electorate, municipal area is divided into territorial constituencies known as Wards. All the members of a Municipality are to be directly elected by the people of the Municipal area. The head of the municipalities will always be the chairman/chairperson. The state legislature may prescribe the method of electing the chairperson of the municipalities. The government representatives of the municipalities are known as 'Municipal Secretaries'. The term of the municipalities is five years. Members elected from the ward are known as councilors. A ward committee consisting of one or more wards within the territory of a municipality having a population of three lakhs or more shall be constituted. Matters related to formation will be decided by the state legislature.

74th Amendment

The 74th Constitutional Amendment Act, related to Municipalities came into effect on June 1, 1993. The Nagarpalika Act, i.e. the Constitution (74th Amendment) Act, 1992 has been enacted to accord constitutional recognition to the Urban Local Bodies as third tier of government.

Corporation

Corporations are local self-governing bodies that govern large urban areas with high population. The head of the corporations is always the mayor. The government representative of the corporations is known as the 'Corporation Secretary'. 

Mayor

The mayor is elected annually from among the members of the corporation. He is the first citizen of the city. He presides over the meetings of the corporation and guides its deliberations. He regulates the conduct of business at such meetings. He has access to all the records of the corporation. He obtains reports from the Commissioner on administrative matters. He is the proper channel of communication between the commissioner and the state government.

Municipal Corporation

The Municipal Corporation is the top most urban local government. It is set up under a special statue passed by the state legislature, except in Delhi. The corporation comprises of  members called Councillors. The Councillors are elected on adult franchise. The size of the Council varies from state to state, as it is primarily related to the population of the city. The term of the council varies from three to five years.

Municipal Commissioner

He is appointed by the State Government. His salary and service conditions are fixed by the State Government. His salary is paid out of Municipal funds. He may be replaced by the State Government or at the recommendation of the Corporation's Council. He is placed at the apex of the Municipal administrative hierarchy. He is entrusted with the entire administrative machinery under his direct control, giving the necessary guidance and direction. He performs all the duties imposed or conferred upon him under the Act. He takes part in the discussions of the Council meetings. But he has no right to vote and move resolutions in the meetings. He is the custodian of all municipal records. As head of the administrative machinery, he distributes the entire office work among the different departments. He writes personal file of each and every staff member. He inflicts punishments for offences committed by the staff.

Muncipalities (Article 243P - 243ZG)

Article 243P: Definitions

Article 243Q: Constitution of Municipalities

Article 243R: Composition of Municipalities

Article 243S: Constitution and composition of Wards Committees, etc.

Article 243T: Reservation of seats

Article 243U: Duration of Municipalities, etc.

Article 243V: Disqualifications for membership

Article 243W: Powers, authority and responsibilities of Municipalities, etc.

Article 243X: Power to impose taxes by, and Funds of, the Municipalities

Article 243Y: Finance Commission

Article 243Z: Audit of accounts of Municipalities

Article 243ZA: Elections to the Municipalities

Article 243ZB: Application to Union territories

Article 243ZC: Part not to apply to certain areas

Article 243ZD: Committee for district planning

Article 243ZE: Committee for Metropolitan planning

Article 243ZF: Continuance of existing laws and Municipalities

Article 243ZG: Bar to interference by courts in electoral matters

PART IXB - THE CO-OPERATIVE SOCIETIES (Article 243ZH - 243ZT)

It added a new Part IX B to the Constitution titled "The Co-operative Societies" (Articles 243-ZH to 243-ZT). Part IXB of the Constitution grants constitutional status to co-operative societies and contains provisions for their democratic functioning. It was inserted by the Constitution (97th Amendment) Act, 2011. Co-operative Societies are voluntary, democratic, and autonomous organisations controlled by their members who actively participate in their policies and decision-making. These operate in various sectors such as marketing, agriculture, textile, poultry etc. Article 243-ZI defines the incorporation of co-operative societies, Article 243-ZJ defines the number of board members and officers and their tenure, Article 243-ZK defines the election of board members, Article 243-ZO defines the members' right to access information and Article 243-ZQ defines the offenses and penalties.

The Co-Operative Societies (Article 243ZH - 243ZT)

Article 243ZH: Definitions

Article 243ZI: Incorporation of co-operative societies

Article 243ZJ: Number and term of members of board and its office bearers

Article 243ZK: Election of members of board

Article 243ZL: Supersession and suspension of board and interim management

Article 243ZM: Audit of accounts of co-operative societies

Article 243ZN: Convening of general body meetings

Article 243ZO: Right of a member to get information

Article 243ZP: Returns

Article 243ZQ: Offences and penalties

Article 243ZR: Application to multi-State co-operative societies

Article 243ZS: Application to Union territories

Article 243ZT: Continuance of existing laws

PART X - THE SCHEDULED AND TRIBAL AREAS (Article 244 - 244A)

Part X of the Constitution contains the special provisions for the administration of Scheduled and Tribal Areas, such as the setting up of Tribes Advisory Councils and Autonomous District Councils.

The Scheduled and Tribal Areas (Article 244 - 244A)

Article 244: Administration of Scheduled Areas and Tribal Areas

Article 244A: Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

PART XI - RELATION BETWEEN UNION AND STATES (Article 245 - 263)

Part XI of the Constitution defines the relations between the Union and the States in the legislative, administrative and financial spheres, including the extent of their legislative and executive powers, and provisions for co-operation. The constitution of india provides a dual polity with a clear division of powers between the union and the states each being supreme within the sphere allotted to it. Like the union government the state government draw their authority directly from the constitution and are free to operate in the field allocated to them by the constitution. Part XI of the constitution is divided between legislative and administrative powers. The union state relations in the legislative sphere have been dealt by Articles 245 to 258. Under the constitution the division of powers between the union and state is divided into three - Union list, State list and Concurrent list. 

The Union list contains 99 subjects (previously 97 subjects) like defence, foreign affairs, currency, Railways etc. The States List contains 61 subjects (previously 66 subjects) like public order, health, sanitation, agriculture etc. The Concurrent List contains 52 subjects over which both the Union and the State governments can legislate; like criminal law and procedure, marriage contracts etc. 

The constitution clearly provides that the parliament shall have exclusive jurisdiction to make law for the whole or any part of the territory of India with regard to subjects mentioned in the Union list. The constitution also vests the residuary powers (enumerated in any of the three lists) with the central government. Though under ordinary circumstances the central government does not possess power to legislation on subjects enumerated in the state list, in certain circumstances, the parliament can also make laws on subjects mentioned on the state list. Then the parliament has to pass a resolution with 2/3rd majority that it is expedient to legislate on this state list in the national interest.

Administrative Relations between the Centre & the States

The Administrative relations between the centre and the states have been stated from Article 256 to Article 263 of Constitution.

Relation between Union and States (Article 245 - 263)

Legislative Relations

Article 245: Extent of laws made by Parliament and by the Legislatures of States

Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States

Article 246A: Special provision with respect to goods and services tax

Article 247: Power of Parliament to provide for the establishment of certain additional courts

Article 248: Residuary powers of legislation

Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest

Article 250: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

Article 251: Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States

Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

Article 253: Legislation for giving effect to international agreements

Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States

Article 255: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

Administrative Relations

Article 256: Obligation of States and the Union

Article 257: Control of the Union over States in certain cases

Article 257A: Assistance to States by deployment of armed forces or other forces of the Union

Article 258: Power of the Union to confer powers, etc., on States in certain cases

Article 258A: Power of the States to entrust functions to the Union

Article 259: Armed Forces in States in Part B of the First Schedule

Article 260: Jurisdiction of the Union in relation to territories outside India

Article 261: Public acts, records and judicial proceedings

Article 262: Adjudication of disputes relating to waters of inter-State rivers or river valleys

Article 263: Provisions with respect to an inter-State Council

PART XII - FINANCE, PROPERTY, CONTRACTS AND SUITS (Article 264 - 300A)

Part XII of the Constitution contains financial provisions including those related to taxation, definition of various Funds, the right to hold property, and borrowing by Union and State governments. The provisions of finance, property, contracts and suits have been stated from Article 264 to Article 300A of Constitution. Article 279A defines the GST Council, Article 280 defines the Finance Commission, Article 281 defines the recommendations of Finance Commission, Article 292 defines the borrow of Debt by Central Government and Article 293 defines the borrow of Debt by State Government.  Article 279A of Part XII of the Constitution defines about GST. The 101st Constitutional Amendment Act of 2016 paved the way for the introduction of a new tax regime in the country, the Goods and Services Tax. The smooth and efficient implementation of this tax requires cooperation and coordination between the Centre and the states. The GST Council is the body formed to ensure this mutual cooperation.

Finance Commission

The finance commission of India came into existence in 1951. It was established under Article 280 of the Indian constitution by the President of India. The commission shall make recommendations regarding the sharing of union taxes, principles governing grants-in-aid to states and transfer of resources to local bodies. Commission is appointed every five years and consists of a chairman and four other members. The commission submits its report to the president. He lays it before both the houses of parliament along with an explanatory memorandum as to the action taken on its recommendation. The recommendation made by the finance commission are only of advisory nature. It is upto the union government to implement its recommendations.

Finance, Property, Contracts and Suits (Article 264 - 300A)

Finance

Article 264: Interpretation

Article 265: Taxes not to be imposed save by authority of law

Article 266: Consolidated Funds and public accounts of India and of the States

Article 267: Contingency Fund

Article 268: Duties levied by the Union but collected and appropriated by the States

Article 268A: Service tax levied by Union and collected and appropriated by the Union and the States

Article 269: Taxes levied and collected by the Union but assigned to the States

Article 269A: Levy and collection of goods and services tax in course of inter-State trade or commerce

Article 270: Taxes levied and distributed between the Union and the States

Article 271: Surcharge on certain duties and taxes for purposes of the Union

Article 272: Taxes which are levied and collected by the Union and may be distributed between the Union and the States

Article 273: Grants in lieu of export duty on jute and jute products

Article 274: Prior recommendation of President required to Bills affecting taxation in which States are interested

Article 275: Grants from the Union to certain States

Article 276: Taxes on professions, trades, callings and employments

Article 277: Savings

Article 278: Agreement with States in Part B of the First Schedule with regard to certain financial matters

Article 279: Calculation of “net proceeds”, etc.

Article 279A: Goods and Services Tax Council

Article 280: Finance Commission

Article 281: Recommendations of the Finance Commission

Article 282: Expenditure defrayable by the Union or a State out of its revenues

Article 283: Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

Article 284: Custody of suitors’ deposits and other moneys received by public servants and courts

Article 285: Exemption of property of the Union from State taxation

Article 286: Restrictions as to imposition of tax on the sale or purchase of goods

Article 287: Exemption from taxes on electricity

Article 288: Exemption from taxation by States in respect of water or electricity in certain cases

Article 289: Exemption of property and income of a State from Union taxation

Article 290: Adjustment in respect of certain expenses and pensions

Article 290A: Annual payment to certain Devaswom Funds

Article 291: Privy purse sums of Rulers

Borrowing

Article 292: Borrowing by the Government of India

Article 293: Borrowing by State

Property, Contracts, Rights, Liabilities, Obligations and Suits

Article 294: Succession to property, assets, rights, liabilities and obligations in certain cases

Article 295: Succession to property, assets, rights, liabilities and obligations in other cases

Article 296: Property accruing by escheat or lapse or as bona vacantia

Article 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union

Article 298: Power to carry on trade, etc.

Article 299: Contracts

Article 300: Suits and proceedings

Right to Property

Article 300A: Persons not to be deprived of property save by authority of law

PART XIII - TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA (Article 301 - 307)

Part XIII of the Constitution contains provisions related to freedom of trade, commerce, and intercourse within India. Articles 301 to Article 305 states about freedom and restrictions of commerce, and intercourse within India. Article 306 states about the power of parliament and states to impose restrictions on the same.  Article 307 states about the appointment of authority for carrying out the purposes of articles 301 to 304.

Trade, Commerce and Intercourse within the Territory Of India (Article 301 - 307)

Article 301: Freedom of trade, commerce and intercourse.

Article 302: Power of Parliament to Impose Restrictions on Trade, Commerce and Intercourse.

Article 303: Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

Article 304: Restrictions on trade, commerce and intercourse among States

Article 305: Saving of existing laws and laws providing for State monopolies

Article 306: Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce

Article 307: Appointment of authority for carrying out the purposes of articles 301 to 304

PART XIV - SERVICES UNDER THE UNION AND THE STATES (Article 308 - 323)

Part XIV of the Indian Constitution contains provisions for regulating the employment of persons to the public services under the Union and the States. Articles 308 defines about Services under the Union and States. Article 309 to Article 311 states about the recruitment and conditions, tenure of office, dismissal, removal or reduction of rank of persons of serving the Union or State and the Article 312 states about All India Services. Article 315 to Article 323 states about the Public Service Commission. Public Service Commission for the union and for each state is granted by the constitution of India. Articles 315 - 323 of the constitution titled as Services under the Union and the States. The chairman and other members of union public service commission are appointed by the president and in the case of a state commission by the Governor of the State. It is the duty of the UPSC and the state PSC to conduct examination for appointment to the services of the Union and the State respectively. The UPSC and State PSC submit annual report to the President and the Governor respectively.

Public Service Commission

Public Service Commission for the union and for each state is granted by the constitution of India. Articles 315 to 323 of Part XIV of the constitution titled as Services under the Union and the States. 

The Chairman and other members of union public service commission are appointed by the president and in the case of a state commission by the Governor of the state. At least half of the members of the commission are civil servants (working or retired) with minimum ten years of experience either in central or state service. In the office of the Chairman of a public service commission becomes vacant or he is unable to discharge his functions due to absence, in case of the union commission the member appointed by the president and in the case of the state public service commission, the member appointed by the Governor for that purpose shall discharge the functions of the chairman. A member of the union public service commission holds office for a term of six years or until he attains the age of sixty five years, whichever is earlier. 

A member of state commission holds office for a term of six years or until he attains the age of sixty five years, whichever is earlier. A member of the UPSC may resign his office by writing to the President. A member of the state commission may resign his office by writing to the Governor of the State. In the case of UPSC, the President and in the case of the state commission, the Governor may by regulations determine the number of members and staff and their conditions of service. The chairman of the UPSC is not eligible for further employment under the government of the union or the state. The chairman of the state public service commission is eligible for appointment as the chairman of UPSC or as member of UPSC. A member of the UPSC is eligible for appointment as the Chairman of the UPSC or a state public service commission.

A member of a state public service commission is eligible for appointment as the chairman or member of UPSC or as the Chairman of that or any other state public service commission. It is the duty of the UPSC and the state PSC to conduct examinations for appointment to the services of the Union and the state respectively. The UPSC and the State PSC submit annual report to the President and the Governor respectively, which shall be laid before parliament or the legislative of the state as the case may be together with the explanatory memorandum and reasons for non acceptance of the recommendations of the commission. 

Services under the Union and the States (Article 308 - 323)

Services

Article 308: Interpretation

Article 309: Recruitment and conditions of service of persons serving the Union or a State

Article 310: Tenure of office of persons serving the Union or a State

Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

Article 312: All-India services

Article 312A: Power of Parliament to vary or revoke conditions of service of officers of certain services

Article 313: Transitional provisions

Article 314: Provision for protection of existing officers of certain services

Public Service Commissions

Article 315: Public Service Commissions for the Union and for the States

Article 316: Appointment and term of office of members

Article 317: Removal and suspension of a member of a Public Service Commission

Article 318: Power to make regulations as to conditions of service of members and staff of the Commission

Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members

Article 320: Functions of Public Service Commissions

Article 321: Power to extend functions of Public Service Commissions

Article 322: Expenses of Public Service Commissions

Article 323: Reports of Public Service Commissions

PART XIVA - TRIBUNALS (Article 323A - 323B)

Part XIVA of the Indian Constitution provides for the appointment of tribunals for administrative and other disputes. Part XIV A contains Article 323A and Article 323B. Articles 323 A and 323 B were inserted into the Constitution by the 42nd Constitutional Amendment Act of 1976. Article 323 A deals with Administrative Tribunals and Article 323 B deals with Tribunals for other purposes. Tribunals are quasi-judicial bodies empowered with judicial powers to deal with various disputes. Administrative Tribunals are established to resolve disputes relating to the appointment and conditions of service of persons appointed to the public services of the Centre, States, local bodies, public corporations and other public authorities. Article 323 B empowers the Parliament and the State Legislatures to establish Tribunals to resolve disputes relating mainly to the following matters: Rights relating to taxation, foreign exchange, import, export, industrial labour sector, land reforms, urban land acquisition, elections to Parliament and Legislative Assembly, food resources, and rent/lease.

Tribunals (Article 323A - 323B)

Article 323A: Administrative tribunals

Article 323B: Tribunals for other matters

PART XV - ELECTIONS (Article 324 - 329A)

Part XV of the Constitution lays out certain provision related to the conduct of elections, including the appointment of an independent Election Commission. Part XV contains Article 324 to Article 329A. The Election Commission of India is setup by Article 324 of the Constitution of India. Election Commission of India is an autonomous constitutionally established federal authority responsible for administering all the electoral process in the Republic of India. The Election Commission was established on 25th January 1950. The Election Commission has the power of superintendence, direction and control of all elections to the office of the President and Vice President. 

Two additional commissioners were appointed to the Commission for the first time on 6th October 1989 but they had a very short tenure till 1st January 1990. Later on 1st October 1993, two additional Election Commissioners were appointed. The Chief Election Commissioner can be removed from his office by the Parliament with two-thirds majority in Lok Sabha and Rajya Sabha on the ground of proved misbehaviour or incapacity. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner. The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the judges of Supreme Court of India. They have a tenure of six years or upto the age of 65 years whichever is earlier.

Parliament by law make provisions with respect to all matters relating to elections to Parliament and State Legislatures including the preparation of electoral rolls, the determination of constituencies and all other necessary matters. The election to the Lok Sabha and the Legislative Assembly of every state shall be held on the basis of adult suffrage. Validity of any law relating to determination of constituencies or the allotment of seats to various constituencies enacted by the Legislative shall not be questioned in any court. Elections to the parliament and the state legislatures can be reviewed only through the process of an election petition, which can be filed before the High Court. In respect to the elections for the offices of the presidents and the vice presidents such petition can only be filed before the Supreme Court. Nirvajan Sadan is the headquarters of Election Commission of India.

Elections (Article 324 - 329A)

Article 324: Superintendence, direction and control of elections to be vested in an Election Commission

Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex

Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

Article 327: Power of Parliament to make provision with respect to elections to Legislatures

Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature

Article 329: Bar to interference by courts in electoral matters

Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker

PART XVI - SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES (Article 330 - 342A)

Part XVI of the Constitution contains special provisions for certain classes, including Scheduled Castes, Scheduled Tribes, and other Socially and Educationally Backward Classes. Article 330 to Article 334 defines the reservation of seats for Scheduled Castes and Scheduled Tribes & Anglo-Indian Community in Parliament and State Legislative Assemblies. National Commission for Scheduled Castes (Article 338), National Commission for Scheduled Tribes (Article 338A) and National Commission for Backward Classes (Article 338B) were stated in Part XVI. Article 342A states about the Socially and educationally backward classes. 

National Commission for Scheduled Caste (SC)

The National Joint Commission for Scheduled Castes and Scheduled Tribes was established on 12 March 1992 under the 65th Constitutional Amendment Act of 1990. Shri Ramdhan was the first Chairperson of the Commission. Until the 89th Constitutional Amendment Act of 2003, there was a single common commission for the Scheduled Castes and Scheduled Tribes. The 89th Constitutional Amendment Act of 2003 splited the Joint Commission for Scheduled Castes and Scheduled Tribes and provided for the formation of separate commissions for the Scheduled Tribes and Scheduled Castes. In 2004, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes came into existence. Both are constitutional bodies. They have five members including the Chairman. Their headquarters are in New Delhi.

National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes came into existence in 2004. The National Commission for Scheduled Tribes is a constitutional body. It has five members including the Chairman. Its headquarters is in New Delhi.

National Commission for Backward Classes

The National Commission for Backward Classes was formed in 1993 following the Mandal judgment of the Supreme Court (1992). The National Commission for Backward Classes was a statutory body. It was given constitutional status by the 102nd Constitutional Amendment in 2018. It is responsible for examining and advising the government on the inclusion and exclusion of communities in the OBC (Other Backward Classes) list. The government is legally bound to implement the advice of the Commission. It has a Chairperson, Vice Chairperson and three members. Its headquarters is in New Delhi.

Special Provisions Relating to Certain Classes (Article 330 - 342A)

Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

Article 331: Representation of the Anglo-Indian Community in the House of the People

Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States

Article 334: Reservation of seats and special representation to cease after certain period

Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts

Article 336: Special provision for Anglo-Indian community in certain services

Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community

Article 338: National Commission for Scheduled Castes

Article 338A: National Commission for Scheduled Tribes

Article 338B: National Commission for Backward Classes

Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

Article 340: Appointment of a Commission to investigate the conditions of backward classes

Article 341: Scheduled Castes

Article 342: Scheduled Tribes

Article 342A: Socially and educationally backward classes

PART XVII - OFFICIAL LANGUAGE (Article 343 - 351)

Part XVII of the Constitution contains provisions for an official language for the Union, the states, the judiciary and to be used in inter-governmental communication. The official language of the union is Hindi in Devanagari script. The form of numerals to be used for official purposes of the union is the International form of Indian Numerals (Article 343 (1) of the Constitution). In addition to Hindi language, English language may also be used for official purposes. Business in parliament may be transacted in English or in Hindi. However the Honourable Chairman of the Rajya Sabha or the Honourable Speaker of the Lok Sabha may permit any member to address the House in his/her mother tongue under special circumstances (Article 12a of the Constitution). Bihar, Uttar Pradesh, Madhya Pradesh have been granted the right to use Hindi in their High Court. Tamil Nadu uses Tamil in High Court. 

Languages in the Constitution: Assamese, Bengali, Hindi, Urdu, Marathi, Gujarati, Punjabi, Sanskrit, Kannada, Tamil, Malayalam, Kannada, Oriya, Sindhi, Konkani, Nepali, Manipuri, Bodo, Maithili, Santhali and Dogri.

Official Language (Article 343 - 351)

Language of the Union

Article 343: Official language of the Union.

Article 344: Commission and Committee of Parliament on official language.

Regional Languages

Article 345: Official language or languages of a State.

Article 346: Official language for communication between one State and another or between a State and the Union.

Article 347: Special provision relating to language spoken by a section of the population of a State.

Language of the Supreme Court, High Courts etc.

Article 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

Article 349: Special procedure for enactment of certain laws relating to language.

Special Directives

Article 350: Language to be used in representations for redress of grievances.

Article 350A: Facilities for instruction in mother-tongue at primary stage.

Article 350B: Special Officer for linguistic minorities.

Article 351: Directive for development of the Hindi language.

PART XVIII - EMERGENCY PROVISIONS (Article 352 - 360)

Part XVIII of the Constitution contains provisions for emergency situations, including national, localised and financial emergencies. The Constitution of India provides for three types of Emergencies - National Emergency (Article 352), State Emergency (Article 356) and Financial Emergency (Article 360). 

i. National Emergency (Article 352)

The Emergency is declared by the President. Such an emergency was declared in 1962 (Indo China War), 1971 (Indo Pakistan War), 1975 (Internal Disturbance). During the emergency the State can suspend the fundamental rights conferred in Part III of the Indian Constitution. Any proclamation by the president is valid only for one month unless it is approved by both houses of the parliament. An emergency provision, unless revoked, ceases to operate on the expiration of period of six months.

ii. State Emergency/President's Rule (Article 356 & 365)

Article 356 (1) states that if the president on receipt of a report from Governor of a State, or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried in accordance with the provisions of the constitution, he can proclaim this emergency. The President may do the same when any State has failed to comply with, or to give effect to, any directions given by the Union (Article 365). The proclamation should be approved within two months by both houses of the Parliament, then it remains in force for six months. Under Article 356 of the Indian Constitution, Emergency can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needed extension for more than three years, it can be achieved by constitutional amendment.

iii. Financial Emergency (Article 360)

The President proclaims Financial Emergency under article 360 if he is satisfied that the financial stability or credit of india or any part thereof is threatened. This proclamation must be approved within two months by the Parliament. All money bills and financial bills passed by the state legislative can be reserved for President's consideration during the period of financial emergency. Financial Emergency has never been declared. A state of financial emergency remains in force indefinitely until revoked by the President. The proclamation of financial emergency empowers the president to issue direction for the reduction of salary and allowances of the employees of Central and State government.

Emergency Provisions (Article 352 - 360)

Article 352: Proclamation of Emergency.

Article 353: Effect of Proclamation of Emergency.

Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance

Article 356: Provisions in case of failure of constitutional machinery in States

Article 357: Exercise of legislative powers under Proclamation issued under article 356

Article 358: Suspension of provisions of article 19 during emergencies

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies

Article 359A: Application of this Part to the State of Punjab.

Article 360: Provisions as to financial emergency

PART XIX - MISCELLANEOUS (Article 361 - 367)

Part XIX of the Constitution contains miscellaneous provisions related to a number of different matters.  As per Article 365, when any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it is lawful for president to take action. For example, State Emergency.

Miscellaneous (Article 361 - 367)

Article 361: Protection of President and Governors and Rajpramukhs

Article 361A: Protection of publication of proceedings of Parliament and State Legislatures

Article 361B: Disqualification for appointment on remunerative political post

Article 362: Rights and privileges of Rulers of Indian States

Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished

Article 364: Special provisions as to major ports and aerodromes

Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union

Article 366: Definitions

Article 367: Interpretation

PART XX - AMENDMENT OF THE CONSTITUTION (Article 368)

Part XX of the Constitution contains a single Article that deals with the amendment of the constitution. The Article 368 specifies the power of parliament to amend the constitution and the procedure of it. Now there are 106 amendments as of September 2023. Amendment can be made in three ways.

1. Amendment by simple majority of the parliament.

2. Amendment by special majority of the parliament.

3. Amendment by special majority of the parliament and ratification of half of the state legislature.

Amendment of the Constitution (Article 368)

Article 368: Power of Parliament to amend the Constitution and procedure therefor

PART XXI - TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS (Article 369 - 392)

Part XXI of the Constitution contains Temporary, Transitional and Special Provisions related to various states. Articles 369 to Article 392 consists of articles on Temporary, Transitional and Special Provisions. It is a compilation of laws pertaining to the indian constitution as a country and the union of states that it is made of. 

Temporary, Transitional and Special Provisions (Article 369 - 392)

Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir

Article 371: Special provision with respect to the States of Maharashtra and Gujarat

Article 371A: Special provision with respect to the State of Nagaland

Article 371B: Special provision with respect to the State of Assam

Article 371C: Special provision with respect to the State of Manipur

Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana

Article 371E: Establishment of Central University in Andhra Pradesh

Article 371F: Special provisions with respect to the State of Sikkim

Article 371G: Special provision with respect to the State of Mizoram

Article 371H: Special provision with respect to the State of Arunachal Pradesh

Article 371I: Special provision with respect to the State of Goa

Article 371J: Special provisions with respect to the State of Karnataka

Article 372: Continuance in force of existing laws and their adaptation

Article 372A: Power of the President to adapt laws.

Article 373: Power of President to make order in respect of persons under preventive detention in certain cases

Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council

Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution

Article 376: Provisions as to Judges of High Courts

Article 377: Provisions as to Comptroller and Auditor-General of India

Article 378: Provisions as to Public Service Commissions

Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly

Article 379: Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof (Omitted)

Article 380: Provision as to President (Omitted)

Article 381: Council of Ministers of the President (Omitted)

Article 382: Provisions as to provisional Legislatures for States in Part A of the First Schedule (Omitted)

Article 383: Provision as to Governors of Provinces (Omitted)

Article 384: Council of Ministers of the Governors (Omitted)

Article 385: Provision as to provisional Legislatures in States in Part B of the First Schedule (Omitted)

Article 386: Council of Ministers for States in Part B of the First Schedule (Omitted)

Article 387: Special provision as to determination of population for the purposes of certain elections (Omitted)

Article 388: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States (Omitted)

Article 389: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States (Omitted)

Article 390: Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 (Omitted)

Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies (Omitted)

Article 392: Power of the President to remove difficulties

PART XXII - SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS (Article 393 - 395)

Part XXII of the Constitution contains provisions incidental to the Constitution itself, such as the Short Title, Commencement of the Constitution and Repeal of older legislation. This part of the constitution also contains Articles on Authoritative text in Hindi.

Short Title, Commencement, Authoritative Text in Hindi and Repeals (Article 393 - 395)

Article 393: Short title

Article 394: Commencement

Article 394A: Authoritative text in the Hindi language

Article 395: Repeals

List of Schedules of the Indian Constitution

The constitution of india at the time of adoption had only eight schedules to which four more were added during the last sixty years.

First Schedule of Indian Constitution

Contains the list of the States and Union Territories. Territorial Jurisdiction of states is also included. First Schedule contains Article 1 and Article 4 of Indian Constitution.

Second Schedule of Indian Constitution

The provisions in relation to allowances, privileges and emoluments are defined in this Schedule. It consists of five parts. 

Part A - Emoluments to the President of India and the Governors of States.

Part B - Omitted

Part C - Contains provisions about the Speaker/Deputy Speaker of the Lok Sabha, Chairman/Vice Chairman of the Rajya Sabha, Speaker/Deputy Speaker of State Legislative Assemblies and Chairman/Deputy Chairman of State Legislative Councils.

Part D - Emoluments of the Judges of the Supreme Court and High Courts.

Part E - Provision of Comptroller and Auditor General of India.

Second Schedule contains Articles - 59, 65, 75, 97, 125, 148, 158, 164, 186, 221 of Indian Constitution.

Third Schedule of Indian Constitution

It contains the oaths and affirmation for Indian Union Ministers, Parliament Election Candidates, Members of Parliament (MPs), Judges of Supreme Court, Comptroller and Auditor General, Ministers of States of India, State Legislature Elections’ Candidates, State Legislature Members and Judges of High Court. Third Schedule contains Articles - 75, 84, 99, 124, 146, 173, 188, 219 of Indian Constitution.

Fourth Schedule of Indian Constitution

It contains the provision of Allocation of seats of each state and Union Territories in the Council of States (Rajya Sabha). Fourth Schedule contains Article 4 and Article 80 of Indian Constitution.

Fifth Schedule of Indian Constitution

It contains the provision of administration and control of scheduled areas and scheduled tribes. Fifth Schedule contains Article 244 of Indian Constitution.

Sixth Schedule of Indian Constitution

It contains the provision of administration of tribal areas of Assam, Meghalaya, Tripura and Mizoram and also about the administration in these areas. Sixth Schedule contains Article 244 and Article 275 of Indian Constitution.

Seventh Schedule of Indian Constitution

Distribution of powers between the Union and the State Governments. This schedule deals with three legislative lists - Union, State and Concurrent. Seventh Schedule contains Article 246 of Indian Constitution.

Eighth Schedule of Indian Constitution

It defines the 22 official languages recognized by the Constitution. Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu were the languages. Eighth Schedule contains Article 344 and Article 351 of Indian Constitution.

Ninth Schedule of Indian Constitution

It defines the state acts and rules of land reforms, that are protected by Article 31 'B' and the abolition of the zamindari system. It also defines the acts and rules of the Parliament dealing with other matters. Ninth Schedule contains Article 31-B of Indian Constitution.

Tenth Schedule of Indian Constitution

It contains the provision of Anti - defection Law (introduced by 52nd Constitutional Amendment Act). It contains the provision relating to disqualification of the MPs and MLAs on the ground of defection. Tenth Schedule contains Article 102 and Article 191 of Indian Constitution.

Eleventh Schedule of Indian Constitution

It contains the provision that defines the powers, authority and responsibilities of Panchayats. Contains 29 subjects over which the Panchayats have jurisdiction (introduced by 73rd Constitutional Amendment). Eleventh Schedule contains Article 243-G of Indian Constitution.

Subjects included in the Eleventh Schedule - Agriculture, small-scale irrigation, water resources management, watershed development, small-scale industries, food processing industries, rural housing construction, drinking water, roads, culverts, rural electrification, poverty alleviation programmes, education (including primary and secondary schools), technical training and vocational education, adult and non-formal education, libraries, cultural activities, markets and fairs, health and literacy (including primary health centres and dispensaries), family welfare, advancement of women and children, social welfare, welfare of weaker sections, and public distribution system.

Twelfth Schedule of Indian Constitution

It contains the provision that defines the powers, authority and responsibilities of Muncipalities. Contains the 18 subjects over which the Municipalities have jurisdiction (introduced by 74th Constitutional Amendment). Twelfth Schedule contains Article 243-W of Indian Constitution.

Important Amendments in Indian Constitution

Amendments are implemented to make changes in the articles of the Constitution according to the times. This can be done only with the majority support of the Parliament. So far, 106 constitutional amendments have been implemented.

First Constitutional Amendment (1951)

The First Constitutional Amendment was implemented in 1951 when Jawaharlal Nehru was the Prime Minister and Dr. Rajendra Prasad was the President. Articles 15, 19, 31, 85, 87, 174, 176, 341, 342, 372, and 376 were changed. A Ninth Schedule was also added to the Constitution (Land Reforms Act). Provision was made to restrict freedom of expression during the state of emergency. Articles 31A and 31B were added. The First Constitutional Amendment allows for reasonable restrictions on freedom of expression, taking into account the public interest and friendly relations with other countries. The purpose of the amendment was to remove the obstacles in the exercise of the fundamental rights of equality before the law, right to property and freedom of expression.

Second Constitutional Amendment (1952)

A constitutional amendment to adjust the representation of constituencies in the Lok Sabha as per the 1951 census.

3rd Constitutional Amendment (1954)

Changed the limits for legislative seats in the state of Tripura.

4th Constitutional Amendment (1955)

Restricted property rights and compensation in case of compulsory acquisition by the state.

5th Constitutional Amendment (1955)

Facilitated the amendment of boundaries of states and union territories.

6th Constitutional Amendment (1956)

Made special provisions for the administration of tribal areas in Assam, Manipur, and other states.

7th Constitutional Amendment (1956)

The 7th Constitutional Amendment was implemented in 1956 when Jawaharlal Nehru was the Prime Minister and Dr. Rajendra Prasad was the President. According to the 7th Constitutional Amendment, the states were reorganized on the basis of language. Measures were also included to protect linguistic minorities. The formation of Union Territories was allowed. It was provided that the same person can be appointed as Governor of two or more states. Articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A were added.

8th Constitutional Amendment (1959)

Extended special provisions for reservations of seats for SCs, STs and Anglo - Indians in Lok Sabha and Legislative. Assemblies for a period of 10 years from 1960 to 1970.

9th Constitutional Amendment (1960)

The Ninth Constitutional Amendment was implemented in 1960 when Jawaharlal Nehru was the Prime Minister and Dr. Rajendra Prasad was the President. Gave effect to transfer certain territories to Pakistan following the 1958 Indo-Pak Agreement. As per the agreement following the resolution of the Indo-Pak border dispute of 1958, India had to give some areas (West Bengal) to Pakistan.

10th Constitutional Amendment (1961)

The Tenth Constitutional Amendment was implemented in 1961 when Jawaharlal Nehru was the Prime Minister and Dr. Rajendra Prasad was the President. According to this amendment, Dadra and Nagar Haveli, which was a Portuguese-occupied territory, was annexed to the Indian Union as a Union Territory.

11th Constitutional Amendment (1961)

The Eleventh Constitutional Amendment was implemented in 1961 when Jawaharlal Nehru was the Prime Minister and Dr. Rajendra Prasad was the President. This amendment replaced the method of electing the Vice President by a joint session of Parliament and introduced the Electoral College.

12th Constitutional Amendment (1961)

The Portuguese-occupied Goa and Daman & Diu (as Union Territories) were incorporated into the Indian Union.

13th Constitutional Amendment (1962)

The state of Nagaland was created under Article 371A.

14th Constitutional Amendment (1962)

Pondicherry was incorporated into the Indian Union under Article 239A. Also Karaikal, Mahe and Yanam, the former French territories were included in the schedule as UT of Pondicherry.

15th Constitutional Amendment (1963)

The retirement age of High Court Judges was raised from 60 to 62. Provision was made for the appointment of retired judges to the sittings of High Courts (Article 224A).

16th Constitutional Amendment (1963)

Authorizes the State to impose reasonable restrictions on the rights of citizens to protect the sovereignty and integrity of the country.

17th Constitutional Amendment (1964)

Further restricted property rights, especially regarding land reform laws.

18th Constitutional Amendment (1966)

Reorganizes Punjab into Punjabi-speaking Punjab, Hindi-speaking Haryana and UT of Chandigarh. The term State in Article 3, which deals with the formation of new states, etc., clarifies that the term State includes Union Territory and that the power of Parliament includes the power to form a new State or Union Territory by merging any part of any State or Union Territory with any other State or Union Territory.

19th Constitutional Amendment (1966)

Provides that the Election Commission shall be entrusted with the investigation of elections. Article 324 also omits the provision for the appointment of tribunals for the adjudication of disputes in elections to Parliament and Legislative Assemblies.

20th Constitutional Amendment (1966)

Validated appointments of district judges retrospectively.

21st Constitutional Amendment (1967)

Included Sindhi as the fifteenth regional language in the Eighth Schedule.

22nd Constitutional Amendment (1969)

Created a sub-state of Meghalaya within Assam.

23rd Constitutional Amendment (1969)

Extended the reservation of seats for SC/ST and nomination of Anglo-Indians for a further period of 10 years (till 1980).

24th Constitutional Amendment (1971)

Established the power of Parliament to amend any part of the Constitution, including the Fundamental Rights. Made it mandatory for the President to assent to a Constitutional Amendment Bill.

25th Constitutional Amendment (1971)

Amended Article 31 regarding the right of the State to acquire private property for public purpose.

26th Constitutional Amendment (1971)

Abolished the privilege granted to former princes. Abolished the titles and special privileges of former rulers of princely states.

27th Constitutional Amendment (1971)

Established Manipur and Tripura as States and Mizoram and Arunachal Pradesh as Union Territories.

28th Constitutional Amendment (1972)

Abolished special privileges for ICS officers.

29th Constitutional Amendment (1972)

Gives protection to the Kerala Land Reforms Acts. The Kerala Land Reforms Acts are included in the Ninth Schedule.

30th Constitutional Amendment (1972)

Changed the basis for determining quotas in the Lok Sabha and state legislatures based on the 1971 Census.

31st Constitutional Amendment (1973)

The strength of the Lok Sabha was increased from 525 to 545. The number of members from Union Territories in Parliament was reduced from 25 to 20. The upper limit of representatives of States went up from 500 to 525.

32nd Constitutional Amendment (1974)

Protected the rights of Telangana and Andhra regions of Andhra Pradesh. Added Articles 371 D and 371 E.

33rd Constitutional Amendment (1974)

Included provisions to prevent resignation of MPs and MLAs under pressure.

34th Constitutional Amendment (1974)

Added 20 more land reform acts to the Ninth Schedule.

35th Constitutional Amendment (1974)

Given the status of an associate state to Sikkim.

36th Constitutional Amendment (1975)

Given the status of a state to Sikkim, which was an associate state. Sikkim is the twenty-second state of India.

37th Constitutional Amendment (1975)

Allows Arunachal Pradesh to form a legislature and a cabinet.

38th Constitutional Amendment (1975)

Provided that the President can make a declaration of emergency, and the promulgation of ordinances by the President, Governors or Administrative Heads of Union Territories would be final and cannot be questioned in any court. It also authorized the President to declare different kinds of emergencies.

39th Constitutional Amendment (1975)

Placed beyond challenge in courts, the election to Parliament of a person holding the office of PM or Speaker and election of the President and Prime Minister.

40th Constitutional Amendment (1976)

Amendment to vest the minerals and valuables within the maritime zone of the country and elsewhere in the Centre.

41st Constitutional Amendment (1976)

Raised the retirement age of the High Court and Supreme Court judges to 62.

42nd Constitutional Amendment (1976)

The 42nd Constitutional Amendment is a constitutional amendment known as the mini-Constitution. The 42nd Amendment came into effect during the period when the then prime minister, indira gandhi declared a state of internal emergency. Provided supremacy of Parliament and gave primacy to Directive Principles over Fundamental Rights. It also added 10 Fundamental Duties. The 42nd Constitutional Amendment is the only constitutional amendment to amend the Preamble of the Constitution. The preamble of the Constitution was amended to add three words: socialist, secular and unity and integrity of the nation.

43rd Constitutional Amendment (1977)

Restored some of the powers of the judiciary that had been curtailed by the 42nd Amendment.

44th Constitutional Amendment (1978)

Declares the right to property a non-fundamental right. The Right to Property was deleted from Part III. Emergency cannot be declared due to internal disturbances. It is only permissible in case of armed rebellion. Article 352 was amended to provide 'Armed Rebellion' as one of the circumstances for declaration of emergency.

45th Constitutional Amendment (1985)

Extended reservation for SC/ST and Anglo-Indians in legislatures by another 10 years (till 1990).

46th Constitutional Amendment (1982)

Allowed the government to levy sales tax on goods, including food.

47th Constitutional Amendment (1984)

Added more land reform laws to the Ninth Schedule.

48th Constitutional Amendment (1984)

Allowed the extension of the President’s rule in Punjab.

49th Constitutional Amendment (1984)

Provided special status for tribal areas in Tripura.

50th Constitutional Amendment (1984)

Enhanced the service conditions of members of the armed forces.

51st Constitutional Amendment (1984)

Reserved seats for STs in Assam, Nagaland, Arunachal Pradesh, and Mizoram.

52nd Constitutional Amendment (1985)

Added the Tenth Schedule. It is also known as the Anti-Defection Act. It deals with the disqualification of members of Parliament and members of state legislatures.

53rd Constitutional Amendment (1986)

A new article (371G) was added to grant statehood to Mizoram.

54th Constitutional Amendment (1986)

Increased the salaries of Supreme Court and High Court judges.

55th Constitutional Amendment (1986)

Amendment to grant statehood to Arunachal Pradesh.

56th Constitutional Amendment (1987)

Goa became the twenty-fifth state of India. Article 371I was added. Hindi version of the Constitution of India was accepted for all purposes. The UT of Goa, Daman and Diu was divided and Goa was made a State. Daman and Diu remained as a UT.

57th Constitutional Amendment (1987)

Reserved legislative seats for STs in Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya.

58th Constitutional Amendment (1987)

Allowed the President to publish authoritative Hindi translations of the Constitution.

59th Constitutional Amendment (1988)

Allowed the declaration of emergency in Punjab due to internal disturbances.

60th Constitutional Amendment (1988)

Increased the ceiling for taxes on professions, trades, callings, and employment.

61st Constitutional Amendment (1988)

Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assemblies. The amendment was made in Article 326 of the Constitution.

62nd Constitutional Amendment (1989)

Also extended reservation of seats for SC/ST and Anglo-Indians in legislatures for another 10 years till 2000 AD.

63rd Constitutional Amendment (1989)

Repealed the 59th Amendment regarding emergency powers in Punjab.

64th Constitutional Amendment (1990)

Extended President’s rule in Punjab.

65th Constitutional Amendment (1990)

Provided for the constitution of a National Commission for Scheduled Castes and Scheduled Tribes. Accordingly, the National Commission for Scheduled Castes and Scheduled Tribes came into existence in 1992.

66th Constitutional Amendment (1990)

Added more land reform laws to the Ninth Schedule.

67th Constitutional Amendment (1990)

Extended President’s rule in Punjab.

68th Constitutional Amendment (1991)

Extended President’s rule in Punjab.

69th Constitutional Amendment (1991)

Declared Delhi as a National Capital Territory. Articles 239AA and 239AB were added.

70th Constitutional Amendment (1992)

Included members of Delhi and Pondicherry legislatures in the electoral college for Presidential elections.

71st Constitutional Amendment (1992)

Included Konkani, Manipuri and Nepali languages ​​in the Eighth Schedule.

72nd Constitutional Amendment (1992)

Amendment providing for direct election to all seats in Panchayats, reservation for Scheduled Castes/Scheduled Tribes and reservation of one-third of the total seats for women.

73rd Constitutional Amendment (1992)

It is known as the Panchayati Raj Act. It gave constitutional validity to Panchayati Raj. The Eleventh Schedule was added to the Constitution. Articles 243 to 243-O were added to Part IX of the Constitution. Provided among other things Gram Sabha in Villages, constitution of panchayats at the village and other levels, direct elections to all seats in panchayats and reservation of seats for the SC and ST and fixing of tenure of 5 years for panchayats.

74th Constitutional Amendment (1992)

It is known as the Municipalities Act. Part IX-A was added to the Constitution (Articles 243 P to 243 ZG). The Twelfth Schedule was added to the Constitution. Provides for, among other things, constitution of three types of municipalities, reservation of seats in every municipality for the SC and ST, women and the backward classes.

75th Constitutional Amendment (1994)

Provided for rent control legislation.

76th Constitutional Amendment (1994)

Placed Tamil Nadu’s reservation law in the Ninth Schedule.

77th Constitutional Amendment (1995)

Provided reservation for promotions for SC/STs in government jobs.

78th Constitutional Amendment (1995)

Added more land reform laws to the Ninth Schedule.

79th Constitutional Amendment (1999)

Extended reservations for SC/ST and Anglo-Indians in legislatures for another 10 years.

80th Constitutional Amendment (2000)

Altered the revenue-sharing formula between the Centre and States.

81st Constitutional Amendment (2000)

Allowed the government to fill backlog vacancies in promotions for SC/STs.

82nd Constitutional Amendment (2000)

Reinstalled the provision of reservation of SC and STs in matters related to promotion. Besides, the qualifying marks for passing an examination for them have also been lowered.

83rd Constitutional Amendment (2000)

Exempted Arunachal Pradesh from reservation in Panchayats.

84th Constitutional Amendment (2001)

Three new states, Chhattisgarh, Uttarakhand and Jharkhand, came into existence. The number of Lok Sabha and state assembly seats were extended till 2026.

85th Constitutional Amendment (2001)

Provided for “consequential seniority” in promotions for SC/STs.

86th Constitutional Amendment (2002)

Education was made a fundamental right. Article 21A was added to the Constitution. Makes education a fundamental right for children in the age group of 6-14 years.

87th Constitutional Amendment (2003)

Made the 2001 census the basis for delimitation of constituencies of the lower house of Parliament (Lok Sabha) and State Assemblies (Vidhan Sabhas).

88th Constitutional Amendment (2004)

To extend statutory cover for levy and utilisation of Service Tax.

89th Constitutional Amendment (2003)

The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated and two separate commissions were formed, the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A).

90th Constitutional Amendment (2003)

Reservation in Assam Assembly relating to Bodoland Territory Area.

91st Constitutional Amendment (2003)

It was stipulated that the number of ministers at the Centre and in the states should not exceed fifteen percent of the number of members of the lower house and state assemblies. Amended the Anti-Defection Law. It was stipulated that an MP or MLA who is disqualified under the Anti-Defection Act should not be appointed as a minister until the period of disqualification has expired.

92nd Constitutional Amendment (2003)

Four languages, namely Bodo, Dogri, Maithili and Santhali, were included in the Eighth Schedule.

93rd Constitutional Amendment (2005)

Provided reservation in educational institutions (including private) for socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes.

94th Constitutional Amendment (2006)

Provided for appointment of Minister of Tribal Welfare each in the newly formed states of Chhattisgarh and Jharkhand. It is also provided for Madhya Pradesh and Odisha. It became effect from 12th June 2006.

95th Constitutional Amendment (2009)

Extended reservation of seats for Scheduled Castes, Scheduled Tribes and representations of Anglo-Indians in the Lok Sabha and state assemblies for another ten years, till 26 January, 2020. This Act came into force on 25th January 2010.

96th Constitutional Amendment (2011)

In the First Schedule of the Constitution, the word 'Orissa' was replaced by 'Odisha'. In the Eighth Schedule, the word 'Oriya' was replaced by 'Odia'.

97th Constitutional Amendment (2011)

Added the words "or Co-operative Societies" after the word "or Unions" in Article 19 (1)(C) . Part IX-B was added to the Constitution with the title 'Co-operative Societies'. On 20 July 2021, the Supreme Court ruled that Part IX-B was unconstitutional. Article 43 B was added. ie, Promotion of Co-operative Societies. Dated on which the Act came into force, 12th January 2012.

98th Constitutional Amendment (2012)

Article 371J was added to the Constitution. To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka region. Special provisions were added for the State of Karnataka. The Governor of Karnataka was tasked with constituting a Special Development Board for the Hyderabad-Karnataka region. Date on which the Act came into force, 1st January 2013.

99th Constitutional Amendment (2014)

Comes into force on 31 December 2014. The Supreme Court struck down the amendment act on 16 October 2015, stating that the National Judicial Appointments Commission was an infringement on the independence of the judiciary.

100th Constitutional Amendment (2015)

Received the assent of the President on 28 May 2015. This was to implement the Land Boundary Agreement (LBA) between India and Bangladesh. As per the agreement, India got 51 Bangladesh occupied territories and India ceded 111 territories to Bangladesh.

101st Constitutional Amendment (2016)

The GST Act came into force. Articles 246 A and 279 A were added.

102nd Constitutional Amendment (2018)

The National Commission for Backward Classes was given constitutional status. Article 338 B is a new article inserted by the 102nd Amendment to refer to the National Commission for Backward Classes.

103rd Constitutional Amendment (2019)

Provided 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs to address economic disparities in Indian society.

104th Constitutional Amendment (2020)

The 104th Amendment to the Constitution amended the provisions relating to reservation for SC/ST and Anglo-Indian categories in the legislative assemblies. This amendment extended the reservation for SC/ST categories in the Lok Sabha and state assemblies till January 25, 2030 and abolished the nomination of Anglo-Indians.

105th Constitutional Amendment (2021)

Restored the power of states to prepare their own OBC lists, overturning the Supreme Court judgment of May 11, 2021. Articles 338B, 342A, and 366 have been amended.

106th Constitutional Amendment (2023)

It provided reservation of one-third of all seats for women in Lok Sabha, State assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for Scheduled Castes and Scheduled Tribes.