Indian Constitution

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.

Articles 63 - 71

Article 63: The Vice-President of India

Article 64: The Vice-President to be ex officio Chairman of the Council of States

Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

Article 66: Election of Vice-President

Article 67: Term of office of Vice-President

Article 68: Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy

Article 69: Oath or affirmation by the Vice-President

Article 70: Discharge of President’s functions in other contingencies

Article 71: Matters relating to, or connected with, the election of a President or Vice-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.

Articles 72 - 78

Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 73: Extent of executive power of the Union

Article 74: Council of Ministers to aid and advise President

Article 75: Other provisions as to Ministers

Article 76: Attorney-General for India

Article 77: Conduct of business of the Government of India

Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc

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

(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 other 37 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.

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