Constitution of India

S4 KTU
COMMON TO ALL BRANCHES

Hingston Xavier
Assistant Professor
Christ College of Engineering, IJK

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Syllabus
• Module – 1 > Constitution of India
• Module – 2 > DPSP, Fund. Rights & Duties
• Module – 3 > Union Govt
• Module – 4 > State Govt
• Module – 5 > Federal System

Other Facts
• It is mandatory non – credit paper ( MNC)
• 150 Marks paper – 100 ESE exam and 50 Marks Internal
assessment
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 Module – 1
Constitution of India
Definition of Constitution
A constitution is the basic design of the structure and
powers of the government and the rights and duties if
its citizens.
• There can be no nation without a constitution.
• Constitution need not to be written in nature
• Based on amendment nature, constitution has divided
into 2 > Rigid and Hingston
Flexible constitution.
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 Historical Background of
Indian Constitution
• As early as in Dec 1918, in the 33 rd session of the Indian National
Congress held in Delhi, a resolution was unanimously adopted
demanding for free will and right for India.
• In 1928, Jawaharlal Nehru presented a draft for the constitution of
India.
• It was in 1934 that the idea of a Constituent Assembly for India was put
forward for the first time by M.N. Roy, a pioneer of communist
movement in India.
• In 1942, Sir Stafford Cripps, a Member of the Cabinet, came to India
with a draft proposal of the British Government on the framing of an
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• The Cripps Proposals were rejected by the Muslim League,
which wanted India to be divided into two autonomous
states with two separate Constituent Assemblies.
• 9th Dec 1946, The constituent assembly meeting held to
frame constitution under the temporary chairmanship of
Dr. Sachidananad Sinha.
• Later, Dr. Rajendra Prasad elected as the permanent
chairman of constituent assembly.
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• After 15th AUG 1947, the constituent assembly became
independent to take decisions as India got independence from
British rule.
• Dr. B.R. Ambedkar was appointed as the chairman of the
Drafting committee which submitted their draft report to
constituent assembly on 1948.
• On 26th Nov, 1949 , the constitution of India was adopted and
was signed by Dr.Rajendra Prasad – Chairman of constituent
assembly.
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• In 1950, final session of constituent assembly unanimously elected Dr.
Rajendra Prasad as the first president of Independent India after which
constitution of India became operational.
1. The constituent assembly ratified the India’s membership of the
Commonwealth in May 1949.
2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24, 1950. 4. It adopted
the national song on January 24, 1950.
 5. It elected Dr. Rajendra Prasad as the first President of India on
January 24, 1950.
• In brief, it took constituent assembly 2 years, 11 months and 17 days to
finalize the constitution of India.
• Originally (1949), the Constitution contained a Preamble, 395 Articles
(divided into 22 Parts) and
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 Salient Features of Indian Constitution
1. Lengthiest Written Constitution
 Lengthiest of all the written Constitutions of the world
 Presently (2019), it consists of a Preamble, about 470 Articles
(divided into 25 Parts) and 12 Schedules
 Written, like the American Constitution, or unwritten, like the
British Constitution.
2. Sovereign, Democratic, Secular, Socialist & Republic
3. Parliamentary form of government
 The parliamentary system is based on the principle of co-operation
and co-ordination between the legislative and executive organs
(British Parliamentary System of Government)

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 4. Combination of Flexibility and Rigidity
 (Art 368) deals with amendment provision
5. Single Citizenship
 In India, all citizens irrespective of the state in which they
are born or reside enjoy the same political and civil rights
of citizenship
6. Bi – Cameral Union government
 Upper House and Lower House
7. Independent Federal Judiciary
 Integrated as well as independent judicial system
 The Supreme Court stands at the top of the integrated
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 8. Fundamental Rights and Duties
 Part III of the Indian Constitution guarantees six fundamental
rights to all the citizens
 The Part IV-A of the Constitution specifies the eleven
Fundamental Duties
9. Directive Principles of State Policy (DPSP)
 The Directive Principles are meant for promoting the idea of
social and economic democracy (Welfare state)
10. Single Election Commission
11. State Languages
12. Emergency Provisions
 Emergency provisions to enable the President to meet any
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 Preamble of the Constitution
• The constitution of India begins with a preamble which specifies
the nature of the Indian state.
• Preamble is an introduction or preface to the constitution
• Acc to N.A. Palkhivala – “Preamble is an identity card of the
constitution”
• Every constitution begins with a preamble
• It is the soul and key of every constitution
• Preamble defines the basic structure of constitution
• Preamble was adopted by constituent assembly on 26 th Nov
1949. (Later amendments made)
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 Preamble of the Constitution

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• Sovereign: The word ‘sovereign’ implies that
India is neither a dependency nor a dominion of
any other nation, but an independent state
• Socialist: The Indian brand of socialism is a
‘democratic socialism’ and not a ‘communistic
socialism’ ( Mixed Economy)
• Democratic: The term ‘democratic’ is used in the
Preamble in the broader sense embracing not
only political democracy but also social and
economic democracy.
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• Republic: Therefore, the term ‘republic’ in our
Preamble indicates that India has an elected head
called the president. He is elected indirectly for a fixed
period of five years.
• Justice: The term ‘justice’ in the Preamble embraces
three distinct forms– social, economic and political
• Liberty: The term ‘liberty’ means the absence of
restraints on the activities of individuals, and at the
same time, providing opportunities for the
development of individual personalities.
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• Equality: The term ‘equality’ means the
absence of special privileges to any section of
the society, and the provision of adequate
opportunities for all individuals without any
discrimination.
• Fraternity: Fraternity means a sense of
brotherhood. The Constitution promotes this
feeling of fraternity by the system of single
citizenship. Hingston Xavier , AP , Christ College of
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 Union and its Territory
• Articles 1 to 4 under Part-I of the Constitution deal with
the Union and its territory.
• Article 1 describes India, that is, Bharat as a ‘Union of
States’
• The Constituent Assembly had to adopt a mix of both
(‘India, that is, Bharat’)
• The country is an integral whole and divided into
different states only for the convenience of
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• According to Article 1, the territory of India can be
classified into three categories:
1. Territories of the states
2. Union territories
3. Territories that may be acquired by the Government of
India at any time.
• At present, there are 28 states and 9 union territories.
The states are the members of the federal system and
share a distribution of powers with the Centre.
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• Article 2 grants two powers to the Parliament: (a) the power to
admit into the Union of India new states; and (b) the power to
establish new states.
• Article 3, on the other hand, relates to the formation of or changes
in the existing states of the Union of India. In other words, Article 3
deals with the internal re-adjustment of the territories of the
constituent states of the Union of India
• Article 3 authorizes the Parliament to: (a) form a new state by
separation of territory from any state or by uniting two or more
states or parts of states or by uniting any territory to a part of any
state; (b) increase the area of any state; (c) diminish the area of any
state; (d) alter the boundaries of any state; and (e) alter the name of
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• Moreover, the Constitution (Article 4) itself
declares that laws made for admission or
establishment of new states and formation of
new states and alteration of areas, boundaries or
names of existing states are not to be considered
as amendments of the Constitution under Article
368. This means that such laws can be passed by
a simple majority and by the ordinary legislative
process.
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 Citizenship
• Citizenship is the status of a person recognized under
the law of a country of belonging to thereof.
• Citizens are full members of the Indian State who enjoys
all civil and political rights.
• The Constitution deals with the citizenship from Articles
5 to 11 under Part II
• Single citizenship: The citizens in India owe allegiance
only to the Union. There is no separate state citizenship
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• According to the Constitution, the following four
categories of persons became the citizens of India
at its commencement i.e., on January 26, 1950:
(a) Persons domiciled in India
(b) Persons migrated from Pakistan
(c) Persons migrated to Pakistan but later returned
(d) Persons of Indian origin residing outside India.

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 CITIZENSHIP ACT, 1955
• The Citizenship Act (1955) provides for acquisition and loss of citizenship
after the commencement of the Constitution.
Acquisition of Citizenship ( Types )
1. Birth
 Citizenship by birth
2. Descent : A person born outside India
 A person born outside India shall not be a citizen of India by descent,
unless his birth is registered at an Indian consulate within one year of the
date of birth or with the permission of the Central Government, after the
expiry of the said period
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3. Registration
 The Central Government may, on an application, register
as a citizen of India any person
4. Naturalisation
 The Central Government may, on an application, grant a
certificate of naturalisation to any person
5. Incorporation of territory
 If any foreign territory becomes a part of India, the
Government of India specifies the persons who among
the people of the territory shall be the citizens of India.
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 Loss of Citizenship
1. By Renunciation
Any citizen of India of full age and capacity can
make a declaration renouncing his Indian
citizenship

2. By Termination
When an Indian citizen voluntarily acquires the
citizenship of another country, his Indian
citizenship automatically
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3. By Deprivation
It is a compulsory termination of Indian citizenship by the Central government,
if:
(a) The citizen has obtained the citizenship by fraud:
(b) The citizen has shown disloyalty to the Constitution of India:
(c) The citizen has unlawfully traded or communicated with the enemy during a
war;
(d) The citizen has, within five years after registration or naturalisation, been
imprisoned in any country for two years; and
(e) The citizen has been ordinarily resident out of India for seven years continuously

Thank you

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 MODULE – 2
Fundamental Rights & Duties,
Directive Principles of State Policy
(DPSP)

Hingston Xavier
Assistant Professor
Christ College of Engineering, IJK
Hingston Xavier, Asst. Prof, Christ College of Engg 1
 DEFINITION OF STATE
• Article 12 has defined the term ‘State’.
According to it, the State includes the following:
1. Government and Parliament of India.
2. Government and legislature of states.
3. All local authorities, that is, municipalities,
panchayats, district boards, improvement
trusts, etc.
4. All other authorities, that is, statutory or non-
statutory authorities like LIC, ONGC, SAIL, etc.
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Hingston Xavier, Asst. Prof, Christ College of Engg
 Fundamental Rights
• The Fundamental Rights are enshrined in Part III of
the Constitution from Articles 12 to 35.
• Part III of the Constitution is rightly described as the
Magna Carta of India.
• It contains a very long and comprehensive list of
‘justiciable’ Fundamental Rights.
• Inspired from the Constitution of USA (i.e., Bill of
Rights).
• The Fundamental Rights are guaranteed by the
Constitution to all persons without any
discrimination.
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 Nature of Fundamental Rights
• The Fundamental Rights are guaranteed by the
Constitution to all persons without any discrimination.
• They uphold the equality of all individuals.
• The dignity of the individual.
• The larger public interest.
• Unity of the nation.
• Prevent the establishment of an authoritarian and despotic
rule in the country.
• They are defended and guaranteed by the Supreme Court.
• They are ‘fundamental’ also in the sense that they are most
essential for the all-round development of the individuals.
• They can be suspended during the operation of a National
Emergency.
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 Classification of Fundamental Rights
• Originally, the Constitution of India provided
for seven Fundamental Rights,
1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5.Cultural and Educational Rights(Articles 29-30)
6. Right to Property (Article 31)
7. Right to Constitutional Remedies (Article 32)
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• However, the right to property was deleted
from the list of Fundamental Rights by the
44th Amendment Act, 1978.
• It is made a legal right under Article 300-A in
Part XII of the Constitution.
• So at present, there are only six Fundamental
Rights.

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 Right to Equality (Articles 14–18)
It implies:
1. Equality before law and equal protection of laws (Article 14)
: It means absence of any special privileges in favour of any
person.
2. Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth (Article 15)
3. Equality of opportunity in matters of public employment
(Article 16): It means equality of opportunity for all citizens
in matters of employment or appointment to any office
under the State.
4. Abolition of untouchability and prohibition of its practice
(Article 17).
5. Abolition of titles except military and academic (Article 18).
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 Right to Freedom (Articles 19–22)
It implies:
1. (Article 19) guarantees to all citizens the six rights:
(i) Right to freedom of speech and expression.
(ii) Right to assemble peaceably and without arms.
(iii)Right to form associations or unions or co-operative
societies.
(iv)Right to move freely throughout the territory of India.
(v) Right to reside and settle in any part of the territory
of India.
(vi)Right to practice any profession or to carry on any
occupation, trade or business.
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2. Protection in respect of conviction for offences
(Article 20).
3. Protection of life and personal liberty
(Article 21).
4. Right to elementary education (Article 21A): It
implies that state shall provide free and
compulsory education to all children of the age
of 6 - 14 years
5. Protection against arrest and detention in
certain cases (Article 22).

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 Right against Exploitation
(Articles 23–24)
(a) Prohibition of traffic in human beings and forced labour
(Article 23): It prohibits traffic in human beings, forced
labour. The ‘traffic in human beings’ include
 Selling and buying of men, women and children like goods;
 Immoral traffic in women and children, including
prostitution;
 Devadasis and
 Slavery

(b) Prohibition of employment of children in factories, etc.

(Article 24). Article 24 prohibits the employment of children
below the age of 14 years in any factory, mine or other
hazardous activities Hingston
like construction work or railway.
Xavier, Asst. Prof, Christ College of Engg 10
 Right to freedom of religion
(Article 25–28)
1. Freedom of conscience and free profession, practice
and propagation of religion (Article 25): It implies the
inner freedom of an individual to declare one’s
religious beliefs and faith openly and freely.
2. Freedom to manage religious affairs (Article 26).
3. Freedom from payment of taxes for promotion of any
religion (Article 27). It means that no person shall be
compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious
denomination.
4. Freedom for attending religious instruction or
worship in certain educational institutions (Article 28)
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Cultural and Educational Rights (Articles 29–
30)
(a) Protection of language, script and culture of
minorities (Article 29): Article 29 provides
that any section of the citizens residing in any
part of India having a distinct language, script
or culture of its own, shall have the right to
conserve the same.
(b) Right of minorities to establish and
administer educational institutions (Article
30).
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Right to constitutional remedies (Article 32)

• Right to move the Supreme Court for the

enforcement of fundamental rights including the
writs (writs as extraordinary remedies to uphold the
rights and liberties) of
1. Habeas corpus: It is a Latin term which literally
means ‘to have the body of’. It is an order issued by
the court to a person who has detained another
person, to produce the body of the latter before it.
2. Mandamus : It literally means ‘we command’. It is a
command issued by the court to a public official
asking him to perform his official duties that he/she
has failed or refused to perform.
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3. Prohibition : Literally, it means ‘to forbid’. It is
issued by a higher court to a lower court or
tribunal to prevent the latter from exceeding its
jurisdiction that it does not possess
4. Certiorari: It means ‘to be certified’ or ‘to be
informed’. It is issued by a higher court to a
lower court or tribunal either to transfer a case
pending with the latter to itself or to squash the
order of the latter in a case.
5. Quo warranto (Article 32): In the literal sense, it
means ‘by what authority or warrant’. It is issued
by the court to enquire into the legality of claim
of a person to a public office.
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 Directive Principles of State Policy
(DPSP)
• The Directive Principles of State Policy are
enumerated in Part IV of the Constitution from
Articles 36 to 51.
• The framers of the Constitution borrowed this
idea from the Irish Constitution of 1937, which
had copied it from the Spanish Constitution.
• Dr. B.R. Ambedkar described these principles
as ‘novel features’ of the Indian Constitution.

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 FEATURES OF THE DPSP
• It denotes the ideals that the State should
keep in mind while formulating policies and
enacting laws.
• The Directive Principles resemble the
‘Instrument of Instructions’
• It promotes the concept of a ‘welfare state’
and not that of a ‘police state’
• They are not legally enforceable by the courts.

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 CLASSIFICATION OF THE DPSP
3 broad categories
1. Socialistic Principles
2. Gandhian Principles
3. Liberal-intellectual Principles

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 Socialistic Principles
• These principles reflect the ideology of socialism.
• Aims at providing social and economic justice
• To promote the welfare of the people (Article 38)
• To promote equal justice and to provide free legal aid
to the poor (Art 39)
• Equitable distribution of material resources of the
community for the common good (Art 39)
• Prevention of concentration of wealth (Art 39)
• Equal pay for equal work for men and women (Art 39)
• To secure a living wage, a decent standard of life (Art
43)
• To secure the right to work, to education (Art 43) 18
Hingston Xavier, Asst. Prof, Christ College of
Engg
 Gandhian Principles
• These principles are based on Gandhian ideology.
• To organise village panchayats to function as units
of self-government (Article 40)
• To promote Village and cottage industries (Art 43)
• To promote the educational and economic interests
of SCs, STs, and other weaker sections of the society
(Art 46)
• To prohibit the consumption of intoxicating drinks
and drugs which are injurious to health (Article 47)
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 Liberal-Intellectual Principles
• This principles represent the ideology of liberalism.
• Uniform Civil Code throughout the country (Article 44)
• To provide early childhood care and education for all
children until they complete the age of six years (Article
45)
• To protect and improve the environment and to safeguard
forests and wild life (Article 48 A)
• To protect monuments, places and objects of artistic or
historic interest (Article 49)
• To promote international peace and security and maintain
just and honourable relations between nations (Article 51)
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 NEW DPSP
• The 42nd Amendment Act of 1976 added four new
Directive Principles to the original list.
They require the State:
1. To secure opportunities for healthy development of
children (Article 39).
2. To promote equal justice and to provide free legal
aid to the poor (Article 39 A).
3. To take steps to secure the participation of workers
in the management of industries (Article 43 A).
4. To protect and improve the environment and to
safeguard forests and wild life (Article 48 A).
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 Fundamental Duties
• The original constitution contained only the
fundamental rights and not the fundamental duties.
• Later in 1976, the fundamental duties of citizens
were added in the Constitution. In 2002, one more
Fundamental Duty was added.
• The Fundamental Duties in the Indian Constitution
are inspired by the Constitution of USSR.
• Swaran Singh Committee suggested the
incorporation of eight Fundamental Duties in the
Constitution, the 42nd Constitutional Amendment
Act (1976) included ten Fundamental Duties.
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 LIST OF FUNDAMENTAL DUTIES
• According to Article 51A, it shall be the duty of every
citizen of India:
1. To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals that inspired the
national struggle for freedom.
3. To uphold and protect the sovereignty, unity and
integrity of India.
4. To defend the country and render national service when
called upon to do so.
5. To promote harmony and the spirit of common
brotherhood amongst all the people of India.
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6. To value and preserve the rich heritage of the country’s
composite culture.
7. To protect and improve the natural environment
including forests, lakes, rivers and wildlife.
8. To develop scientific temper, humanism and the spirit of
inquiry and reform.
9. To safeguard public property and to abjure violence.
10.To strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises
to higher levels of endeavour and achievement.
11.To provide opportunities for education to his child or
ward between the age of 6 - 14 years. This duty was
added by the 86th Constitutional Amendment Act,
2002.
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 Module – 3
The Union Executive,
The Parliament &
The Union Judiciary

Hingston Xavier
Assistant Professor
Christ College of Engineering, IJK
Hingston Xavier, AP, Christ College of Engg
 The Union Executive

• Articles 52 to 78 in Part V of the Constitution

deal with the Union executive.
• The Union executive consists of the
President, the Vice President, the Prime
Minister, the council of ministers and the
Attorney General of India.

Hingston Xavier, AP, Christ College of Engg

 The President
• The President is the head of the Indian State.
• He is the first citizen of India and acts as the symbol of
unity, integrity and solidarity of the nation.
ELECTION OF THE PRESIDENT
• The President is elected not directly by the people but by
members of electoral college consisting of:
1. The elected members of both the Houses of Parliament.
2. The elected members of the legislative assemblies of the
states.
3. The elected members of the legislative assemblies of the
Union Territories of Delhi and Puducherry.
• Veto power: A bill passed by the Parliament can become
an act only if it receives the assent of the President.
Hingston Xavier, AP, Christ College of Engg
 Qualifications for Election as President of India
A person to be eligible for election as President should fulfill
the following qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok
Sabha.
4. He should not hold any office of profit under the Union
government or any state government or any local authority
or any other public authority.
Note:
 First president of India: Dr. Rajendra Prasad. No person except
Dr. Rajendra Prasad has occupied the office for two terms.
 Currently, we have Ram Nath Kovind as the 15 th president of
India. Hingston Xavier, AP, Christ College of Engg
Term of President’s Office
• The President holds office for a term of five years
• He can resign from his office at any time by addressing the resignation
letter to the Vice President.
• Further, he can also be removed from the office before completion of
his term by the process of impeachment.
Impeachment of President
• The President can be removed from office by a process of
impeachment.
• The impeachment charges can be initiated by either House of
Parliament.
• These charges should be signed by one-fourth members of the House
and a 14 days’ notice should be given to the President.
• After the impeachment resolution is passed by a majority of two-
thirds of the total membership of both Houses, then the President
stands removed from his office from the date on which the resolution
is so passed. Hingston Xavier, AP, Christ College of Engg
POWERS AND FUNCTIONS OF THE PRESIDENT
1. Executive powers: He appoints the prime minister and the other ministers,
attorney general of India, the chief election commissioner, administers the
union territories.
2. Legislative powers: He can summon the Parliament and dissolve the Lok Sabha
and can hold Joint sessions of both houses. He nominates 12 members of the
Rajya Sabha (Various fields) and nominate two members to the Lok Sabha from
the Anglo-Indian Community
3. Financial powers: He constitutes a finance commission after every five years
and make advances out of the contingency fund
4. Judicial powers: He appoints the Chief Justice and the judges of Supreme Court
and high courts.
5. Diplomatic powers: He represents India in international forums and affairs and
sends and receives diplomats like ambassadors, high commissioners, and so on.
6. Military powers: He is the supreme commander of the defense forces of India.
In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
7. Emergency powers: (a) National Emergency (Article 352); (b) President’s Rule
(Article 356 & 365); and (c) Financial Emergency (Article 360)
Hingston Xavier, AP, Christ College of Engg
 The Vice-President
• The Vice-President occupies the second highest office in the country.
• The Vice-President, like the president, is elected not directly by the
people but by the method of indirect election. He is elected by the
members of an electoral college consisting of the members of both
Houses of Parliament.
• First Vice President of India : Dr. S. Radhakrishnan. Presently,
Venkaiah Naidu is the Vice President of India.
Qualifications
• To be eligible for election as Vice-President, a person should fulfill the
following qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Rajya Sabha.
4. He should not hold any office of profit under the Union government
or any state government or any local authority or any other public
authority. Hingston Xavier, AP, Christ College of Engg
Term of Office (Vice President)
• The Vice-President holds office for a term of five
years.
• He can resign from his office at any time by
addressing the resignation letter to the President.
• He can also be removed from the office before
completion of his term. A formal impeachment is
not required for his removal.
• He can be removed by a resolution passed at least
14 days’ advance by a majority of all the members
of the Rajya Sabha and agreed to by the Lok Sabha.

Hingston Xavier, AP, Christ College of Engg

 POWERS AND FUNCTIONS - VP
• He acts as the ex-officio Chairman of Rajya
Sabha.
• He acts as President when a vacancy occurs in
the office of the President due to his
resignation, impeachment, death or otherwise.

Hingston Xavier, AP, Christ College of Engg

 The Prime Minister
• Acc to Indian constitution, president is the
head of the State while Prime Minister is the
head of the government.
• The President has to appoint the leader of
the majority party in the Lok Sabha as the
Prime Minister. (Article 75)
• Constitutionally, the Prime Minister may be a
member of any of the two Houses of
parliament.
Hingston Xavier, AP, Christ College of Engg
 POWERS AND FUNCTIONS OF THE PRIME MINISTER
(Art 78)
In Relation to Council of Ministers
1. Head of the Union council of ministers
2. Recommends ministers to be appointed by the president
3. Allocates and reshuffles various portfolios
4. He guides, directs, controls, and coordinates the activities of all the
ministers.
In Relation to the President
5. To communicate to the President all decisions of the council of ministers
relating to the administration.
6. Advises the president with regard to the appointment of important officials
like attorney general of India, Comptroller and Auditor General of India,
chairman and members of the UPSC, election commissioners etc.,

Hingston Xavier, AP, Christ College of Engg

In Relation to Parliament
• Prime Minister is the leader of the Lower House
• Summoning and dissolution of the Lok Sabha,
Other Powers & Functions
• Chairman of the NITI Ayog, National Integration
Council, Interstate Council, National Water
Resources Council and some other bodies.
• Chief spokesman of the Union government,
leader of the party in power, crisis manager-in-
chief during emergencies etc.,

Hingston Xavier, AP, Christ College of Engg

 Central Council of Ministers
• The Prime Minister is appointed by the
President, while the other ministers are
appointed by the President on the advice of the
Prime Minister.
• The council of ministers consists of three
categories of ministers, namely,
1. Cabinet ministers (Important ministries)
2. Ministers of state (Independent charge of
ministries)
3. Deputy ministers
Hingston Xavier, AP, Christ College of Engg
 CONSTITUTIONAL STATUS OF
COUNCIL OF MINISTERS (Role)
• Article 74 & 75 deals with the status of the
council of ministers.
• Article 74 - Council of Ministers to aid and advise
President
• Article 75: Total number of ministers, including
the Prime Minister shall not exceed 15% of the
total strength of the Lok Sabha.

Hingston Xavier, AP, Christ College of Engg

 Attorney General of India
• The Constitution (Article 76) has provided for the
office of the Attorney General for India.
• He is the highest law officer in the country.
• The Attorney General (AG) is appointed by the
president.
• He must be a citizen of India and he must have been
a judge of some high court for five years or an
advocate of some high court for ten years or an
eminent jurist.
• He holds office during the pleasure of the president.
( No fixed term)
Hingston Xavier, AP, Christ College of Engg
 DUTIES AND FUNCTIONS OF AG
• To give advice to the Government of India upon
legal matters.
• To perform duties of a legal character that are
assigned to him by the president.
• To appear on behalf of the Government of
India in all cases in the Supreme Court in which
the Government of India is concerned.
• He has the right to speak and to take part in
the proceedings of both the Houses of
Parliament
Hingston Xavier, AP, Christ College of Engg
 The Parliament
• The Parliament is the legislative organ of
the Union government.
• Articles 79 to 122 in Part V of the
Constitution deal with the organisation,
composition, duration, officers,
procedures, privileges, powers of the
Parliament

Hingston Xavier, AP, Christ College of Engg

ORGANISATION/COMPOSTION OF PARLIAMENT
• Under the Constitution, the Parliament of India
consists of three parts: the President, the Council of
States(‘Rajya Sabha’) and the House of the People
(‘Lok Sabha’)
• The Rajya Sabha is the Upper House (Second Chamber
or House of Elders) and the Lok Sabha is the Lower
House (First Chamber or Popular House).
• Though the President of India is not a member of
either House of Parliament, he is an integral part of
the Parliament. This is because a bill passed by both
the Houses of Parliament cannot become law without
the President’s assent.

Hingston Xavier, AP, Christ College of Engg

 Rajya Sabha (Upper House)
Composition of Rajya Sabha
• The maximum strength of the Rajya Sabha(Fourth
Schedule of the Constitution) is fixed at 250, out of
which, 238 are to be the representatives of the
states and union territories (elected indirectly) and
12 are nominated by the president.
1. Representation of States: The representatives of
states in the Rajya Sabha are elected by the
elected members of state legislative assemblies.
The seats are allotted to the states in the Rajya
Sabha on the basis of population.
Hingston Xavier, AP, Christ College of Engg
2. Representation of Union Territories: The
representatives of each union territory in the Rajya
Sabha are indirectly elected by members of an
electoral college specially constituted for the purpose.
3. Nominated Members:The president nominates 12
members to the Rajya Sabha from people who have
special knowledge or practical experience in art,
literature, science and social service.
• The tenure of upper house is 6 years.
• The Rajya Sabha (first constituted in 1952) is a
continuing and permanent body and not subject to
dissolution.

Hingston Xavier, AP, Christ College of Engg

 Lok Sabha (Lower House)
Composition of Lok Sabha
• The maximum strength of the Lok Sabha is
fixed at 552. Out of this, 530 members are to
be the representatives of the states, 20
members are to be the representatives of the
union territories and 2 members are to be
nominated by the president from the
AngloIndian community.
• Its normal term is five years from the date of
its first meeting after the general elections
Hingston Xavier, AP, Christ College of Engg
1. Representation of States: The representatives
of states in the Lok Sabha are directly elected by
the people from the territorial constituencies in
the states. (Universal Adult Franchise)
2. Representation of Union Territories: The
Constitution has empowered the Parliament to
choose the representatives of the union
territories in the Lok Sabha.
3. Nominated Members: The president can
nominate two members from the Anglo-Indian
community.

Hingston Xavier, AP, Christ College of Engg

 MEMBERSHIP OF PARLIAMENT
(Rajya Sabha & Lok Sabha)

Qualifications
The Constitution lays down the following
qualifications for a person to be chosen a member
of the Parliament (MP)
• He must be a citizen of India.
• He must be not less than 30 years of age in the case
of the Rajya Sabha and not less than 25 years of age
in the case of the Lok Sabha.
• He must be a member of a scheduled caste or
scheduled tribe in any state or union territory, if he
wants to contest a seat reserved for them.
Hingston Xavier, AP, Christ College of Engg
 Disqualifications
Under the Constitution, a person shall be disqualified
for being elected as a member of Parliament:
 If he is of unsound mind and stands so declared by a court.
 If he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state
 If he is so disqualified under any law made by Parliament.
 He must not have been found guilty of certain election offences or
corrupt practices in the elections.
 He must not have been convicted for any offence resulting in
imprisonment for two or more years.
 He must not have been dismissed from government service for
corruption or disloyalty to the State etc.,
Hingston Xavier, AP, Christ College of Engg
Note: Facts
• There is a Speaker and a Deputy Speaker for the
Lok Sabha and a Chairman and a Deputy
Chairman for the Rajya Sabha.
• The Speaker and Deputy Speaker is elected by
the Lok Sabha from amongst its members
• The presiding officer of the Rajya Sabha is known
as the Chairman. The vice-president of India is
the ex-officio Chairman of the Rajya Sabha
• The Deputy Chairman is elected by the Rajya
Sabha itself from amongst its members

Hingston Xavier, AP, Christ College of Engg

 FUNCTIONS OF PARLIAMENT
1. Legislative Powers and Functions: The primary function of Parliament is to
make laws for the governance of the country
2. Executive Powers and Functions: It also supervises the activities of the
Executive with the help of its committees like committee on government
assurance, committee on subordinate legislation, committee on petitions,
etc.
3. Financial Powers and Functions: The enactment of the budget, Tax Matters
etc.,
4. Constituent Powers and Functions: Amendment of the Constitution requires
consent from parliament
5. Judicial Powers and Functions : Impeach the President, Removal of the Vice-
President etc.,
6. Electoral Powers and Functions: Election of the President and Vice-
president. The Lok Sabha elects its Speaker and Deputy Speaker, while the
Rajya Sabha elects its Deputy Chairman.
7. Other powers and functions: Approves all the three types of emergencies,
It can increase or decrease the area, alter the boundaries and change the
names of states of the Indian Union etc.,
Hingston Xavier, AP, Christ College of Engg
 Union Judiciary
• The Indian Constitution has established an
integrated judicial system with the Supreme
Court at the top and the high courts below it.
• Under a high court (and below the state
level), there is a hierarchy of subordinate
courts, that is, district courts and other lower
courts.

Hingston Xavier, AP, Christ College of Engg

 Supreme Court of India
• The Supreme Court of India was inaugurated
on January 28, 1950.
• Articles 124 to 147 in Part V of the
Constitution deal with the organisation,
independence, jurisdiction, powers,
procedures and so on of the Supreme Court.

Hingston Xavier, AP, Christ College of Engg

COMPOSITION AND APPOINTMENT OF JUDGES
• At present, the Supreme Court consists of thirty-
four judges (one chief justice and thirty three
other judges).
Appointment of Judges
• The judges of the Supreme Court are appointed
by the president. The chief justice is appointed by
the president after consultation with such judges
of the Supreme Court and high courts as he
deems necessary.
• The other judges are appointed by president after
consultation with the chief justice.
Hingston Xavier, AP, Christ College of Engg
Qualifications of Judges
• A person to be appointed as a judge of the
Supreme Court should have the following
qualifications:
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court
for five years; or (b) He should have been an
advocate of a High Court for ten years; or (c) He
should be a distinguished jurist in the opinion of
the president.

Hingston Xavier, AP, Christ College of Engg

 JURISDICTION AND POWERS OF SUPREME COURT
The jurisdiction and powers of the Supreme Court can be
classified into the following:
1. Original Jurisdiction: The Supreme Court decides the
disputes between different units of the Indian Federation
2. Writ Jurisdiction: The Supreme Court is empowered to
issue writs including habeas corpus, mandamus,
prohibition, quo warranto and certiorari for the
enforcement of the fundamental rights.
3. Appellate Jurisdiction: The Supreme Court is primarily a
court of appeal and hears appeals against the judgments
of the lower courts.
4. Advisory Jurisdiction: The Constitution (Article 143)
authorizes the president to seek the opinion of the
Supreme Court.
Hingston Xavier, AP, Christ College of Engg
5. A Court of Record: The judgments, proceedings and acts of the
Supreme Court are recorded for perpetual memory and
testimony
6. Power of Judicial Review: It is the power of the Supreme
Court to examine the constitutionality of legislative enactments
and executive orders of both the Central and state governments
7. Constitutional Interpretation : The Supreme Court is the
ultimate and final interpreter of the Constitution. It is the
guardian of the Constitution and guarantor of the fundamental
rights of the citizens.
8. Other Powers: It decides the disputes regarding the election
of the president and the vice-president. It enquires into the
conduct and behaviour of the chairman and members of the
Union Public Service Commission on a reference made by the
president. Its law is binding on all courts in India
Hingston Xavier, AP, Christ College of Engg
 Appeal by Special Leave
• It is a special power of Supreme court.
• The Supreme Court is authorised to grant in its discretion special
leave to appeal from any judgement in any matter passed by any
court or tribunal in the country (except military tribunal and court
martial).
This provision contains the four aspects as under:
 It is a discretionary power and hence, cannot be claimed as a
matter of right.
 It can be granted in any judgement whether final or interlocutory.
 It may be related to any matter–constitutional, civil, criminal,
income-tax, labour, revenue, advocates, etc.
 It can be granted against any court or tribunal and not necessarily
against a high court (of course, except a military court).
 Thus, the scope of this provision is very wide and it vests the
Supreme Court with aHingston Xavier, AP, Christ College of Engg
plenary jurisdiction to hear appeals.
 MODULE - 4
The State Executive
The State Legislature
The State Judiciary
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 The State Executive
• The state executive consists of the governor,
the chief minister, the council of ministers
and the advocate general of the state
• Part VI of the Constitution deals with the
government in the states
• Articles 153 to 167 in Part VI of the
Constitution deal with the state executive.
• There is no office of vice-governor (in the
state) like that of Vice-President at the
Centre.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 The Governor
• The governor is the chief executive head of
the state
• The governor also acts as an agent of the
central government.
• Usually, there is a governor for each state,
but the 7th Constitutional Amendment Act of
1956 facilitated the appointment of the same
person as a governor for two or more states.

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
 APPOINTMENT OF GOVERNOR
• The governor is neither directly elected by the people
nor indirectly elected by a specially constituted
electoral college as is the case with the president.
• He is appointed by the president by warrant under
his hand and seal.
Qualifications for the appointment
1. He should be a citizen of India.
2. He should have completed the age of 35 years.
3. He should not be a member of either House of
Parliament or a House of the state legislature.
4. He should not hold any other office of profit
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 TERM OF GOVERNOR’S OFFICE
• A governor holds office for a term of five
years from the date on which he enters upon
his office.
• The President may transfer a Governor
appointed to one state to another state for
the rest of the term.
• Further, a Governor whose term has expired
may be reappointed in the same state or any
other state.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 POWERS AND FUNCTIONS OF GOVERNOR
1. Executive powers: He appoints the chief minister and
other ministers, advocate general of a state, state election
commissioner, the chairman and members of the state
public service commission, acts as the chancellor of
universities in the state. He also appoints the vice
chancellors of universities in the state.
2. Legislative powers: He can address the state legislature ,
He nominates one-sixth of the members of the state
legislative council from amongst persons having special
knowledge or practical experience in literature, science,
art, cooperative movement and social service. He can
nominate one member to the state legislature assembly
from the Anglo-Indian Community.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
3. Financial powers: He sees that the Annual
Financial Statement (state budget) is laid before
the state legislature. He can make advances out
of the Contingency Fund of the state to meet
any unforeseen expenditure. He constitutes a
finance commission after every five years
4. Judicial powers: He is consulted by the
president while appointing the judges of the
concerned state high court. He makes
appointments, postings and promotions of the
district judges in consultation with the state
high court.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 Chief Minister
• Chief Minister is the head of the state government.
• Article 164 says that the Chief Minister shall be
appointed by the governor.
• The governor has to appoint the leader of the majority
party in the state legislative assembly as the Chief
Minister.
• But, when no party has a clear majority in the
assembly, then the governor may exercise his personal
discretion in the selection and appointment of the Chief
Minister. In such a situation, the governor usually
appoints the leader of the largest party or coalition in
the assembly as the Chief Minister and ask him to seek
a vote of confidence inXavier,
Hingston the House
Assistant within a month.
Professor, Christ
College of Engg, IJK
 APPOINTMENT OF CHIEF MINISTER

• A person who is not a member of the state

legislature can be appointed as Chief Minister
for six months
• According to the Constitution, the Chief
Minister may be a member of any of the two
Houses of a state legislature.

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
 TERM
• The term of the Chief Minister is not fixed and
he holds office during the pleasure of the
governor. However, this does not mean that
the governor can dismiss him at any time.
• He cannot be dismissed by the governor as long
as he enjoys the majority support in the
legislative assembly.
• But, if he loses the confidence of the assembly,
he must resign or the governor can dismiss
him.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 POWERS AND FUNCTIONS OF CHIEF MINISTER
• In Relation to Council of Ministers
 The governor appoints only those persons as ministers who are
recommended by the Chief Minister.
 He allocates and reshuffles the portfolios among ministers. He can ask a
minister to resign or advise the governor to dismiss him in case of
difference of opinion.
He presides over the meetings of the council of ministers and influences
its decisions.
 He guides, directs, controls and coordinates the activities of all the
ministers.
• In Relation to the Governor
 He is the principal channel of communication between the governor and
the council of ministers, to communicate to the Governor of the state all
decisions of the council of ministers relating to the administration.
 He advises the governor with regard to the appointment of important
officials like advocate general, chairman and members of the state public
service commission, state election commissioner, and so on.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
Other Powers and Functions
 He is the chairman of the State Planning
Board.
He is a member of the Inter-State Council and
the Governing Council of NITI Aayog, both
headed by the prime minister.
 He is the chief spokesman of the state
government.
He is the crisis manager-in-chief at the
political level during emergencies etc.,

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
 State Council of Ministers
 Article 163 deals with the status of the
council of ministers while Article 164 deals
with the appointment, tenure, responsibility,
qualifications, oath and salaries and
allowances of the ministers.
 Article 163: There shall be a Council of
Ministers with the Chief Minister as the head
to aid and advise the Governor in the
exercise of his functions
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 APPOINTMENT OF MINISTERS
• The Chief Minister shall be appointed by the
Governor and the other Ministers shall be
appointed by the Governor on the advice of
the Chief Minister.
• The total number of ministers, including the
chief minister, in the council of ministers in a
state shall not exceed 15 per cent of the total
strength of the legislative assembly of that
state.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 Advocate General of the State
• The Constitution (Article 165) has provided for the office of
the advocate general for the states.
• He is the highest law officer in the state.
APPOINTMENT AND TERM
• The advocate general is appointed by the governor.
• He must be a person who is qualified to be appointed a
judge of a high court. In other words, he must be a citizen of
India and must have held a judicial office for ten years or
been an advocate of a high court for ten years
• The term of office of the advocate general is not fixed by the
Constitution.
• He holds office during the pleasure of the governor. This
means that he may be removed by the governor at any time.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 DUTIES AND FUNCTIONS
1. To give advice to the government of the state
upon such legal matters which are referred to
him by the governor.
2. To perform such other duties of a legal
character that are assigned to him by the
governor.
3. To discharge the functions conferred on him
by the Constitution or any other law.
4. The advocate general is entitled to appear
before any court of law within the state.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 UNION TERRITORIES
Under Article 1 of the Constitution, the territory of
India comprises three categories of territories:
(a) Territories of the states;
(b) Union territories; and
(c) Territories that may be acquired by the Government
of India at any time.
 At present, there are 28 States and 8 Union
Territories and no acquired territories.
The union territories, on the other hand, are those
areas which are under the direct control and
administration of the Central government. Hence, they
are also known as ‘centrally administered territories’
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
• Articles 239 to 241 in Part VIII of the
Constitution deal with the union territories.
• Every union territory is administered by the
President acting through an administrator
appointed by him.
• An administrator of a union territory is an
agent of the President and not head of state
like a governor.
• The President can specify the designation of an
administrator; it may be Lieutenant Governor
or Chief Commissioner or Administrator.

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
• There are 8 Union territories in India. The list
for the same is given below:
1. Andaman and Nicobar Islands
2. Dadra and Nagar Haveli and Daman and Diu
3. Chandigarh
4. Lakshadweep
5. Puducherry
6. Delhi
7. Ladakh
8. Jammu and Kashmir
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 State Legislature
Articles 168 to 212 in Part VI of the Constitution deal with the
organisation, composition, duration, officers, procedures,
privileges, powers and so on of the state legislature.
ORGANISATION OF STATE LEGISLATURE
 There is no uniformity in the organisation of state legislatures.
Most of the states have an unicameral system, while others
have a bicameral system.
In the states having bicameral system, the state legislature
consists of the governor, the legislative council and the
legislative assembly.
The legislative council (Vidhan Parishad) is the upper house
(second chamber or house of elders), while the legislative
assembly (Vidhan Sabha) is the lower house (first chamber or
popular house).
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 COMPOSITION OF TWO HOUSES
Composition of Legislative Assembly
• The legislative assembly consists of representatives
directly elected by the people on the basis of
universal adult franchise.
• Its maximum strength is fixed at 500 and minimum
strength at 60.
• The governor can nominate one member from the
Anglo-Indian community
• The Constitution provided for the reservation of
seats for scheduled castes and scheduled tribes in the
assembly of each state on the basis of population
ratios. Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
Composition of Legislative Council
• Unlike the members of the legislative
assembly, the members of the legislative
council are indirectly elected.
• The maximum strength of the council is fixed
at one-third of the total strength of the
assembly and the minimum strength is fixed
at 40

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
 DURATION OF TWO HOUSES
• The legislative assembly is not a continuing
chamber.
• Its normal term is five years from the date of
its first meeting after the general elections
• The legislative council is a continuing
chamber, that is, it is a permanent body and
is not subject to dissolution.
• But, one-third of its members retire on the
expiration of every second year. So, a
member continues as such for six years.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 MEMBERSHIP OF STATE LEGISLATURE
Qualifications
• He must be a citizen of India.
• To bear true faith and allegiance to the Constitution of
India
• To uphold the sovereignty and integrity of India
• He must be not less than 30 years of age in the case of the
legislative council and not less than 25 years of age in the
case of the legislative assembly.
• A person to be elected to the legislative assembly must be
an elector for an assembly constituency in the concerned
state.
• He must be a member of a scheduled caste or scheduled
tribe if he wants toHingston
contest a seat reserved for them.
Xavier, Assistant Professor, Christ
College of Engg, IJK
 Disqualifications
• If he is of unsound mind and stands so declared by a court
• If he is not a citizen of India or has voluntarily acquired
the citizenship of a foreign state or is under any
acknowledgement of allegiance to a foreign state
• If he is so disqualified under any law made by Parliament.
• He must not have been found guilty of certain election
offences or corrupt practices in the elections.
• He must not have been convicted for any offence resulting
in imprisonment for two or more years.
• He must not have failed to lodge an account of his
election expenses within the time.
• He must not have been dismissed from government
service for corruption
Hingstonor disloyalty
Xavier, Assistant Professor,to
Christthe state.
College of Engg, IJK
PRESIDING OFFICERS OF STATE LEGISLATURE

• Each House of state legislature has its own

presiding officer.
• There is a Speaker and a Deputy Speaker for the
legislative assembly. The Speaker and Deputy
Speaker are elected by the assembly itself from
amongst its members.
• A Chairman and a Deputy Chairman for the
legislative council.
• Chairman and Deputy Chairman are elected by
the council itselfHingston
from amongst its
Xavier, Assistant Professor, Christ
members
College of Engg, IJK
 Powers and Functions of The State
Legislature
• Law Making Function: The State Legislature is
empowered to make laws on State List and
Concurrent List
• Financial Powers: The State Legislature keeps
control over the finances of the State

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
 The State Judiciary
• In the Indian single integrated judicial system, the
high court operates below the Supreme Court but
above the subordinate courts.
• The judiciary in a state consists of a high court and
a hierarchy of subordinate courts.
• The high court occupies the top position in the
judicial administration of a state.
• Articles 214 to 231 in Part VI of the Constitution
deal with the organisation, independence,
jurisdiction, powers, procedures and so on of the
high courts. Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 High Court
• The Constitution of India provides for a high
court for each state, but the Seventh
Amendment Act of 1956 authorised the
Parliament to establish a common high court
for two or more states or for two or more
states and a union territory.
• The Constitution does not specify the
strength of a high court and leaves it to the
discretion of the president.

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
 Appointment of Judges
• The judges of a high court are appointed by the
President.
• The chief justice is appointed by the President after
consultation with the chief justice of India and the
governor of the state concerned.
Qualifications of Judges
1. He should be a citizen of India.
2. He should have held a judicial office in the territory
of India for ten years; or (b) He should have been
an advocate of a high court (or high courts in
succession) for ten years.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 JURISDICTION AND POWERS OF HIGH COURT

• Original Jurisdiction: It means the power of a high

court to hear disputes in the first instance, not by way
of appeal
• Writ Jurisdiction: Article 226 of the Constitution
empowers a high court to issue writs including habeas
corpus, mandamus, certiorari, prohibition and quo
warranto for the enforcement of the fundamental
rights of the citizens and for any other purpose.
• The high court can issue writs to any person, authority
and government not only within its territorial
jurisdiction but also outside its territorial jurisdiction.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
• Appellate Jurisdiction: A high court is primarily
a court of appeal. It hears appeals against the
judgments of subordinate courts functioning
in its territorial jurisdiction. It has appellate
jurisdiction in both civil and criminal matters.
• Supervisory Jurisdiction: A high court has the
power of superintendence over all courts and
tribunals functioning in its territorial
jurisdiction (except military courts or
tribunals).

Hingston Xavier, Assistant Professor, Christ

College of Engg, IJK
• Control over Subordinate Courts: A high court
has an administrative control and other
powers over the subordinate courts
• A Court of Record: The judgments,
proceedings and acts of the high courts are
recorded for perpetual memory and
testimony.
• Power of Judicial Review: Judicial review is
the power of a high court to examine the
constitutionality of legislative enactments
and executive orders of both the Central and
state governments.
Hingston Xavier, Assistant Professor, Christ
College of Engg, IJK
 Module – 5
Hingston Xavier
Assistant Professor
Christ College of Engineering, IJK

Hingston Xavier, Assistant Professor, CCE IJK

 Relations between the Union and the States
(Centre-State Relations )
• The Constitution of India divides all powers
(Legislative, Executive and Financial)
between the Centre and the states.
• The Centre-state relations can be studied
under three heads:
1. Legislative relations.
2. Administrative relations.
3. Financial relations.
Hingston Xavier, Assistant Professor, CCE IJK
 LEGISLATIVE RELATIONS
• Articles 245 to 255 in Part XI of the
Constitution deal with the legislative relations
between the Centre and the states.
• There are four aspects in the Centre-states
legislative relations:
1. Territorial extent of Central and state
legislation;
2. Distribution of legislative subjects;
3. Parliamentary legislation in the state field;
4. Centre’s control over state legislation.
Hingston Xavier, Assistant Professor, CCE IJK
Distribution of Legislative Subjects
• The Constitution provides for a three-fold
distribution of legislative subjects between
the Centre and the states:
1. List-I (the Union List)
2. List-II (the State List)
3. List-III (the Concurrent List)

Hingston Xavier, Assistant Professor, CCE IJK

• The Parliament has exclusive powers to make laws
with respect to any of the matters enumerated in the
Union List. (Defence, banking, foreign affairs,
currency etc.,)
• The state legislature has “in normal circumstances”
exclusive powers to make laws with respect to any of
the matters enumerated in the State List. (Public
order, police, public health and sanitation,
agriculture, etc.,)
• Both, the Parliament and state legislature can make
laws with respect to any of the matters enumerated
in the Concurrent List. (Civil procedure, marriage and
divorce, population control and family planning,
electricity, labour welfare etc.,)
Hingston Xavier, Assistant Professor, CCE IJK
 Parliamentary Legislation in the
State Field
• The Constitution empowers the Parliament to make
laws on any matter enumerated in the State List under
the following five extraordinary circumstances:
1. When Rajya Sabha Passes a Resolution : If the Rajya
Sabha declares that it is necessary in the national
interest that Parliament should make laws with
respect to goods and services tax or a matter in the
State List
2. During a National Emergency: The Parliament acquires
the power to legislate with respect to goods and
services tax or matters in the State List, while a
proclamation of Hingston
national emergency is in operation.
Xavier, Assistant Professor, CCE IJK
3. When States Make a Request: When the
legislatures of two or more states pass resolutions
requesting the Parliament to enact laws on a
matter in the State List.
4. To Implement International Agreements :The
Parliament can make laws on any matter in the
State List for implementing the international
treaties, agreements or conventions.
5. During President’s Rule: When the President’s
rule is imposed in a state, the Parliament becomes
empowered to make laws with respect to any
matter in the State List in relation to that state.

Hingston Xavier, Assistant Professor, CCE IJK

 Territorial Extent of Central and
State Legislation
• The Parliament can make laws for the whole or
any part of the territory of India.
• A state legislature can make laws for the whole
or any part of the state. The laws made by a state
legislature are not applicable outside the state.
• The Parliament alone can make ‘extraterritorial
legislation’. Thus, the laws of the Parliament are
also applicable to the Indian citizens and their
property in any part of the world.

Hingston Xavier, Assistant Professor, CCE IJK

 Centre’s Control Over State
Legislation
• The governor can reserve certain types of bills passed by
the state legislature for the consideration of the
President.
• Bills on certain matters enumerated in the State List can
be introduced in the state legislature only with the
previous sanction of the president. (For example, the
bills imposing restrictions on the freedom of trade and
commerce).
• The Centre can direct the states to reserve money bills
and other financial bills passed by the state legislature
for the President’s consideration during a financial
emergency.
Hingston Xavier, Assistant Professor, CCE IJK
 ADMINISTRATIVE RELATIONS
• Articles 256 to 263 in Part XI of the Constitution
deal with the administrative relations between the
Centre and the states.
• Distribution of Executive Powers
The executive power of the Centre extends to the
whole of India:
(i) To the matters on which the Parliament has
exclusive power of legislation (i.e., the subjects
enumerated in the Union List);
(ii) To the exercise of rights, authority and jurisdiction
conferred on it by any treaty or agreement.
Hingston Xavier, Assistant Professor, CCE IJK
• Obligation of States and the Centre
(a) The state has to ensure compliance with the
laws made by the Parliament and any existing
law which apply in the state
(b) The state should not impede or prejudice the
exercise of executive power of the Centre in the
state
• Centre’s Directions to the States
The construction and maintenance of means of
communication, protection of the railways
within the state, protection of the railways
within the state etc.,
Hingston Xavier, Assistant Professor, CCE IJK
 FINANCIAL RELATIONS
• Articles 268 to 293 in Part XII of the
Constitution deal with Centre state financial
relations.
• Allocation of Taxing Powers
The Parliament has exclusive power to levy
taxes on subjects enumerated in the Union
List and state legislature has exclusive power
to levy taxes on subjects enumerated in the
State List. There are no tax entries in the
Concurrent List.
Hingston Xavier, Assistant Professor, CCE IJK
• Distribution of Tax Revenue
Taxes Levied by the Centre but Collected and
Appropriated by the States (Article 268) E.g. Stamp
duties
Taxes Levied and Collected by the Centre but Assigned to
the States (Article 269)
Levy and Collection of Goods and Services Tax in Course
of Inter-State Trade or Commerce (Article 269-A) (E.g.
GST)
Taxes Levied and Collected by the Centre but Distributed
between the Centre and the States (Article 270)
Taxes Levied and Collected and Retained by the States .
E.g. Agricultural income, taxes on lands and buildings
etc.,
Hingston Xavier, Assistant Professor, CCE IJK
Grants-in-Aid to the States
• There are two types of grants-in-aid: Statutory
grants and Discretionary grants.
Statutory Grants
Article 275 empowers the Parliament to make
grants to the states which are in need of financial
assistance and not to every state
Discretionary Grants
Article 282 empowers both the Centre and the
states to make any grants for any public purpose,
even if it is not within their respective legislative
competence
Hingston Xavier, Assistant Professor, CCE IJK
 Finance Commission
• Article 280 provides for a Finance
Commission to be constituted by President of
India.
• The Finance Commission 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
recommendations.
Hingston Xavier, Assistant Professor, CCE IJK
FUNCTIONS
1. The distribution of the net proceeds of taxes to be
shared between the Centre and the states, and the
allocation between the states of the respective
shares of such proceeds.
2. The principles that should govern the grants-in-aid
to the states by the Centre.
3. The measures needed to augment the
consolidated fund of a state to supplement the
resources of the panchayats and the municipalities
in the state on the basis of the recommendations
made by the state finance commission.
4. Any other matter referred to it by the president in
the interests ofHingston
sound finance.
Xavier, Assistant Professor, CCE IJK
 INTER-STATE COUNCIL
• Article 263 contemplates the establishment
of an Inter-State Council for the effect
coordination between the states and
between Centre and states.
• Thus, the President can establish such a
council.
• The Sarkaria Commission on Centre-State
Relations (1983–88) made a strong case for
the establishment of a permanent Inter-State
Council under Article 263 of the Constitution.
Hingston Xavier, Assistant Professor, CCE IJK
 Functions
 Enquiring into and advising upon disputes
which may arise between states.
 Investigating and discussing subjects in which
the states or the Centre and the states have a
common interest.
 Making recommendations upon any such
subject, and particularly for the better
co-ordination of policy and action on it.

Hingston Xavier, Assistant Professor, CCE IJK

 Emergency Provisions
• The Emergency provisions are contained from
Articles 352 to 360.
• These provisions enable the Central government
to meet any abnormal situation effectively and
to safeguard the sovereignty, unity, integrity and
security of the country, the democratic political
system, and the Constitution.
• During an Emergency, the Central government
becomes all powerful and the states go into the
total control of the Centre.
Hingston Xavier, Assistant Professor, CCE IJK
 The Constitution stipulates three types of
emergencies
• An emergency due to war, external aggression or armed
rebellion (Article 352). This is popularly known as ‘National
Emergency’. However, the Constitution employs the
expression ‘proclamation of emergency’ to denote an
emergency of this type.
• An Emergency due to the failure of the constitutional
machinery in the states (Article 356). This is popularly
known as ‘President’s Rule’. It is also known by two other
names–‘State Emergency’ or ‘constitutional Emergency’.
However, the Constitution does not use the word
‘emergency’ for this situation.
• Financial Emergency due to a threat to the financial
stability or credit of India (Article 360).
Hingston Xavier, Assistant Professor, CCE IJK
 Freedom of Trade Commerce and
Inter course
• India had borrowed this provision from  Section
92 of the Australian Constitution, it also made
sure to include the provision that the free flow of
goods is allowed not only between different
States but also within a State as well.
• Article 301 of the Indian Constitution provides
that the trade, commerce and intercourse in the
country should be free throughout the country.
• This provision ensures removing the imposition of
any restrictions which may be put up, it ensures
the free flow ofHingston
goods throughout
Xavier, Assistant Professor, CCE IJK the country.
 Comptroller and Auditor General of India
(CAG)
• The Constitution of India (Article 148)
provides for an independent office of the
Comptroller and Auditor General of India
(CAG).
• He is the head of the Indian Audit and
Accounts Department.
• His duty is to uphold the Constitution of India
and laws of Parliament in the field of
financial administration.
Hingston Xavier, Assistant Professor, CCE IJK
APPOINTMENT AND TERM
• The CAG is appointed by the president of India.
• He holds office for a period of six years or upto
the age of 65 years, whichever is earlier.
DUTIES AND POWERS
• He audits the accounts related to all expenditure
from the Consolidated Fund of India.
• He audits all trading, manufacturing, profit and
loss accounts, balance sheets and other
subsidiary accounts kept by any department of
the Central Government and state governments.

Hingston Xavier, Assistant Professor, CCE IJK

• He audits the receipts and expenditure of the
Centre and each state.
• He audits the receipts and expenditure of All
bodies and authorities substantially financed
from the Central or state revenues.
• He audits the accounts of any other authority
when requested by the President or Governor.
• He acts as a guide, friend and philosopher of
the Public Accounts Committee of the
Parliament.

Hingston Xavier, Assistant Professor, CCE IJK

 Public Services
• The public services (civil services or
government services) in India are classified
into three categories–
1. All-India services
2. Central services
3. State services

Hingston Xavier, Assistant Professor, CCE IJK

All-India Services
All-India services are those services which
are common to both Central and state
governments. The members of these services
occupy top positions (or key posts) under
both the Centre and the states and serve
them by turns.
At present, there are three all-India services.
1. Indian Administrative Service (IAS)
2. Indian Police Service (IPS)
3. Indian Forest Service (IFS)
Hingston Xavier, Assistant Professor, CCE IJK
Central Services
• The personnel of Central services work under the
exclusive jurisdiction of the Central government. They
hold specialised (functional and technical) positions
in various departments of the Central government.
• Services are classified into group A, group B, group C
and group D
State Services
• The personnel of state services work under the
exclusive jurisdiction of the state government. They
hold different positions (general, functional and
technical) in the departments of the state
government.
Hingston Xavier, Assistant Professor, CCE IJK
 Union Public Service Commission
• The Union Public Service Commission (UPSC) is the
central recruiting agency in India.
• Articles 315 to 323 in Constitution contain elaborate
provisions regarding the composition, appointment
and removal of members along with the
independence, powers and functions of the UPSC.
• The UPSC consists of a chairman and other members
appointed by the president of India. Usually, the
Commission consists of nine to eleven members
including the chairman.
• The chairman and members of the Commission hold
office for a term of six years or until they attain the
age of 65 years, whichever
Hingston Xavier, Assistantis earlier.
Professor, CCE IJK
 FUNCTIONS
• It conducts examinations for appointments to
the all-India services, Central services and public
services of the centrally administered territories.
• It serves all or any of the needs of a state on the
request of the state governor and with the
approval of the president of India.
• All matters relating to methods of recruitment
to civil service and for civil posts
• Any other matter related to personnel
management.
Hingston Xavier, Assistant Professor, CCE IJK
 ADMINISTRATIVE TRIBUNALS
• Article 323 A empowers the Parliament to
provide for the establishment of administrative
tribunals for the adjudication of disputes
relating to recruitment and conditions of service
of persons appointed to public services of the
Centre, the states, local bodies, public
corporations and other public authorities.
• The 1985 act authorises the Central government
to establish one Central administrative tribunal
and the state administrative tribunals.
Hingston Xavier, Assistant Professor, CCE IJK
 Central Administrative Tribunal (CAT)
• The Central Administrative Tribunal (CAT) was set
up in 1985 with the principal bench at Delhi and
additional benches in different states.
• At present, it has 17 regular benches, 15 of which
operate at the principal seats of high courts and
the remaining two at Jaipur and Lucknow.
• The CAT is a multi-member body consisting of a
chairman and members.
• The CAT exercises original jurisdiction in relation
to recruitment and all service matters of public
servants covered by it.
Hingston Xavier, Assistant Professor, CCE IJK
 State Administrative Tribunals
• The Administrative Tribunals Act of 1985 empowers
the Central government to establish the State
Administrative Tribunals (SATs) on specific request of
the concerned state governments.
• SATs exercise original jurisdiction in relation to
recruitment and all service matters of state
government employees.
• The chairman and members of the SATs are
appointed by the president after consultation with
the governor of the state concerned.
• There is also an provision for setting up of joint
administrative tribunal (JAT) for two or more states.
Hingston Xavier, Assistant Professor, CCE IJK
 Official Language
• Articles 343 to 351 of the Indian Constitution
deals with the official language.
• The provision of official langauge are divided
into four heads
1. Language of the Union
2. Regional languages
3. Language of the judiciary
4. Texts of laws and Special directives

Hingston Xavier, Assistant Professor, CCE IJK

LANGUAGE OF THE UNION
• Hindi written in Devanagari script is to be the
official language of the Union along with
English.

REGIONAL LANGUAGES
• The legislature of a state may adopt any one
or more of the languages in use in the state
or Hindi as the official language of that state.
• Kerala – Malayalam

Hingston Xavier, Assistant Professor, CCE IJK

LANGUAGE OF THE JUDICIARY AND TEXTS OF LAWS
• English language can only be used for all proceedings
in the Supreme Court and in every high court.
• The governor of a state, with the previous consent of
the president, can authorise the use of Hindi or any
other official language of the state, in the proceedings
in the high court of the state.
• State legislature can prescribe the use of any
language (other than English) with respect to bills,
acts, ordinances, orders, rules, regulations or bye-
laws, but a translation of the same in the English
language is to be published.

Hingston Xavier, Assistant Professor, CCE IJK

 Elections
• Articles 324 to 329 of the Indian Constitution
explains the electoral system in our country.
• The Constitution (Article 324) provides for an
independent Election Commission in order to
ensure free and fair elections in the country.
• Election commission consists of a chief election
commissioner and two election commissioners.
• There is to be only one general electoral roll for
every territorial constituency for election to the
Parliament and the state legislatures
Hingston Xavier, Assistant Professor, CCE IJK
• No person is to be ineligible for inclusion in the
electoral roll on grounds only of religion, race,
caste, sex or any of them.
• Every person who is a citizen of India and who
is 18 years of age, is entitled to vote at the
election.
• Parliament may make provision with respect to
all matters relating to elections to the
Parliament and the state legislatures including
the preparation of electoral rolls, the
delimitation of constituencies and all other
matters necessary for securing their due
constitution. Hingston Xavier, Assistant Professor, CCE IJK
• Elections for the Lok Sabha and every state
Legislative Assembly have to take place every
five years, unless called earlier.
• An Electronic Voting Machine (EVM) is a
simple electronic device used to record votes.

Hingston Xavier, Assistant Professor, CCE IJK

 Special Provisions Relating to
Certain Classes
• In order to realise the objectives of equality
and justice as laid down in the Preamble, the
Constitution makes special provisions for the
scheduled castes (SCs), the scheduled tribes
(STs), the backward classes (BCs) and the
Anglo-Indians.
• These special provisions are contained from
Articles 330 to 342A of the Constitution.

Hingston Xavier, Assistant Professor, CCE IJK

Special Provisions are related to the following:
1. Reservation in Legislatures
2. Special Representation in Legislatures
3. Reservation in Services and Posts
4. Educational Grants
5. Appointment of National Commissions
6. Appointment of Commissions of
Investigation

Hingston Xavier, Assistant Professor, CCE IJK

 Amendment of the Constitution
• Article 368 of the Constitution deals with the
powers of Parliament to amend the Constitution
and its procedure.
The Constitution can be amended 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 the ratification of half of the state
legislatures.

Hingston Xavier, Assistant Professor, CCE IJK

PROCEDURE FOR AMENDMENT
• An amendment of the Constitution can be initiated
only by the introduction of a bill for the purpose in
either House of Parliament and not in the state
legislatures.
• The bill must be passed in each House by a special
majority.
• After duly passed by both the Houses of Parliament
and ratified by the state legislatures (where
necessary)
• The president must give his assent to the bill.
• After the president’s assent, the bill becomes an Act.

Hingston Xavier, Assistant Professor, CCE IJK