Important Themes of Indian Constitution

Important Themes of
Indian Constitution
CONTENT
1. Basic Vocabulary / Jargons of Subject 31. The Union Legislature : Parliament
2. Some Facts about Constitution of India (CoI) 32. Qualifications of MPs
3. Main Sources of Indian Constitution 33. Disqualifications of MPs (Article 102)
4. Parliamentary and Presidential form of 34. Anti-Defection Law
Government
35. Who has the power of disqualifying an
5. Features of parliamentary Government MP/MLA/MLC under ADL?
6. Merits of the Parliamentary System 36. Types of Bills in Parliament
7. Demerits of the Parliamentary System 37. Union Budget
8. Why did we choose Parliamentary system? 38. Areas for Parliamentary reforms
9. TYPES OF MAJORITIES IN CoI 39. Provisions in Constitution related to Budget
10. Making of Indian Constitution 40. The Union Judiciary - SUPREME COURT
11. Major Committees of Constituent Assembly & 41. Comptroller and Auditor General of India
their Chairmen (CAG)
12. Schedules of C.O.I. 42. STATE LEGISLATURE
13. PART 1 of C.O.I.– The Union And Its TERRITORY 43. High Court
(Articles 1 To 4)
44. Part VIII of CoI : The Union Territories
14. Article 3 :
45. PART X : The SCHEDULED & TRIBAL Areas
15. Organisation of States in independent India
46. Part XI of CoI – Relations between Union &
16. State Formation in Chronological Order States
17. Small states Vs Big States 47. Union – State ADMINISTRATIVE RELATIONS
18. Part III of CoI : Fundamental Rights 48. Finance Commission
19. Difference b/w FRs and other rights? 49. Part XIV: Services Under The Union And The
States
20. Nature of FRs
50. Union Public Service Commission (UPSC)
21. Part IV of CoI– DPSPs (Directive Principles of
State Policy) –Art 36 to 51 51. PART XIVA Tribunals
22. Classification of DPSPs 52. PART XV of Constitution : ELECTIONS (Art 324
to 329)
23. Directives contained outside Part IV (again :
non-justiciable) 53. Part XVII of CoI - Official Language
24. Part IVA of CoI : Fundamental Duties 54. Part XVIII of CoI: EMERGENCY PROVISIONS
25. Part V of CoI : The Union 55. Consequences / Effects of Proclamation of
National Emergency
26. PARDONING POWER OF THE PRESIDENT
56. State or Constitutional emergency/
27. Death Penalty
President’s Rule # Article 356
28. Vice President
57. Financial Emergency (Article 360)
29. Cabinet Secretariat
58. Special Provisions for some states
30. ATTORNEY GENERAL
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IMPORTANT THEMES OF INDIAN CONSTITUTION
# BASIC VOCABULARY/JARGONS OF SUBJECT
Polity A society that has an organised political structure. India is a democratic polity.
When nothing is fixed and is instead left to one’s judgment or choice. This can be used
Arbitrary
to refer to rules that are not fixed, or decisions that have no basis or consistency.
Tyranny/ Authoritarianism/
The cruel and unjust use of power or authority.
Autocracy
To control severely in order to prevent free and natural development or expression. It

Repressive refers to laws that brutally control persons and often prevent them from exercising
their Fundamental Rights including Right to Speech and Assembly.
Accused In the context of judiciary, this refers to the person who is tried by a court for a crime.
An offence for which the police may arrest a person without the permission of the
Cognizable offence
court and police can not deny to register the FIR.
This refers to the court declaring that a person is not guilty of the crime which he/she
Acquit / Exonerate
was tried for by the court.
In the context of judiciary, this refers to a petition filed before a higher court to hear a
To Appeal
case that has already been decided by a lower court.
Suo Motu On its own initiative, without external prompting or explicit demand.
In the context of judiciary, this refers to money given to a person or institution to

Compensation
make amends for an injury or a loss.
The ability of a party to bring a lawsuit or participate in a particular case. In other

Locus standi words, to show your interest/concern in bringing a matter before court. To file a
Public Interest Litigation, this legal requirement stands relaxed.
By virtue of one's position or status E.g.: Vice President is ex-officio Chairman of Rajya
Ex-officio
Sabha
A stated course of action that provides direction for the future, sets goals to be
achieved or lays out principles or guidelines to be followed and acted upon. In this
Policy
syllabus, we have referred to government policies. E.g.: Foreign policy of GoI. But
other institutions like schools, companies, etc. also have policies.
Supporters or hired musclemen of party or a candidate gain physical control of a

Booth capturing polling booth and cast false votes by threatening everyone or by preventing genuine
voters from reaching the polling booth.
Model Code of A set of norms and guidelines to be followed by political parties and contesting
Conduct candidates during election time.
Voters in a geographical area who elect a representative to the legislative bodies. In

Constituency
India, for Lok Sabha elections, there are 543 constituencies.
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The current holder of a political office. Usually the choice for the voters in elections is
Incumbent
between the incumbent party or candidate and those who oppose them.
Fraud and malpractices indulged by a party or candidate to increase its votes. It

includes stuffing ballot boxes by a few persons using the votes of others; recording
Rigging
multiple votes by the same person; and bribing or coercing polling officers to favour a
candidate.
Turnout The percentage of eligible voters who cast their votes in an election.
Clause A distinct section of a document; sub-part.
Constituent
An assembly of people’s representatives that writes a constitution for a country.
Assembly
Constitutional A change in the constitution made by the supreme legislative body in a country
amendment (Parliament in India)
Draft A preliminary version of a legal document. E.g.: draft bill, draft constitution, etc.
A statute in draft before it becomes law OR a draft of a proposed law presented to

Bill
parliament for discussion.
The most fundamental principles underlying one’s thoughts and actions. Even a
Philosophy constitution or a law has an underlying philosophy. For e.g.: Japanese post-war
Constitution is based on philosophy of peace.
A set of institutions that have the power to make, implement and interpret laws so as
Government to ensure an orderly life. In its broad sense, government administers and supervises
over citizens and resources of a country.
An assembly of people’s representatives with the power to enact laws for a country. In
Legislature addition to enacting laws, legislatures have authority to raise taxes and adopt the
budget and other money bills.
A body of persons having authority to initiate major policies, make decisions and
Executive
implement them on the basis of the Constitution and laws of the country.
An institution empowered to administer justice and provide a mechanism for the

Judiciary resolution of legal disputes. All the courts in the country are collectively referred to as
judiciary.
Motions and resolutions are procedural devices to raise a discussion in the House on
a matter of general public interest. In its widest sense, the term ‘motion’ means any
Resolution& Motion proposal submitted to the House for eliciting its decision. In other words, by a motion,
the House discusses a matter; by a resolution the House declares its own opinion.
Thus, a resolution is a document showing the resolve/will of the Legislature.
A small group of people chosen to represent a larger organization and either make
Committee decisions or collect information for it: E.g.: Constituent Assembly had many
committees within it; Parliament has many Parliamentary committees;
3
Some Facts about Constitution of India (CoI)
# MAIN SOURCES OF INDIAN CONSTITUTION
Fundamental rights; Independent judiciary; Judicial review; Impeachment of

USA President(only partially – it is much tougher to impeach the President in the US, than
in India); Removal of supreme court judges; Vice presidential post
Directive Principles of State Policy; Nomination of members to Rajya Sabha; Electoral

Ireland
office and method of election of the President
Suspension of FRs during Emergency

Germany
Note: Emergency provisions are from GoI Act 1935
Distribution of legislative powers between the center and states (strong center);
Canada Mode of appointment of Governor
Note: Office of Governor – GoI Act 1935
Parliamentary form of govt.; Rule of law; Legislation procedures; Single citizenship;

UK
Bicameralism
Russian Revolution Idea of Justice  social, economic and political
French Revolution Republic & Trinity of Ideal of Liberty, Equality and fraternity
Govt. of India Act Federal scheme; Office of Governor; Judiciary; Public service commission;
1935 Emergency; Administrative details
Amendment to the Constitution; Election of members of RS

South Africa
Note: Nomination of RS members – Irish constitution
Australia Concurrent List; Freedom of trade and commerce; Joint sitting
# Parliamentary and Presidential form of Government
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FEATURES OF PARLIAMENTARY GOVERNMENT

1)
2) Citizens elect the lower house of the Parliament and the party/parties winning majority of seats forms the
executive (government). Thus, executive is derived from legislature. Whereas, Presidential systems are based
on strict separation between Legislature and Executive. Members of executive(government) and President are
not/can not be members of legislature. Citizens elect legislature (lower house) as well as President who is
head of executive.
3)
MERITS OF THE PARLIAMENTARY SYSTEM
1)
2)Prevents Despotism - Parliamentary system prevents concentration of powers because powers of

executive are exercised not by an individual (President in Presidential systems) but by group of ministers
(called council of ministers headed by PM).
3)
4) Representative : The ministers are drawn from the legislature which is a miniature nation-in-assembly.
Therefore, it provides greater opportunity for almost all sections of population to be properly represented in
decision making process of the country.
DEMERITS OF THE PARLIAMENTARY SYSTEM
1)
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2) In case of political instability and consequent frequent change of governments, there can be frequent
change of policies by governments which adversely affects the public administration of the country, people,
business sentiments, investors, etc. Also, policies made are myopic and populist considering the impending
elections in the event of collapse of coalition.
3)
4) In presidential form of government, President has unrestricted freedom to incorporate talent and expertise
in his government. Whereas, in parliamentary form, the PM has limited freedom to do so as the ministers
must be members of legislature also. Thus, the government is lead by amateur ministers who may not have
expertise and experience the portfolios that they are holding.
Why did we choose Parliamentary system ?
1)
2) Relatively easy to understand.
3)
4) Constitution makers preferred a more accountable government and stability was given a secondary
priority. It proved correct because many countries which adopted Presidential form of government after
independence, gradually moved towards dictatorships.
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TYPES OF MAJORITIES IN CoI

(1) Simple Majority:
E.g.: (1) Passage of Ordinary, Financial and Money Bills

(2) Passage of Confidence & No-Confidence Motion as well as Vote of Thanks to President’s address.
(3) Ratification of CABs by SLs; 4) Passage of budget in LS
(4) approval of President’s Rule and Financial emergency by both houses of Parliament
(5) Election of Speaker LS, Deputy Speaker LS, Deputy Chairman RS
(2) Absolute Majority:
(3) Effective Majority:
(1) Resolution for removal of Speaker & Deputy Speaker of LS & all SLAs
(2) Resolution under Article 67 in RS for removal of VP
(3) Resolution for removal of Deputy Chairman RS and Chairman/Dy Chairman of SLCs
(4) Special Majority:
(1) To amend CoI, ie, Passage of CAB in LS and RS

(2) Removal of SC judges including CJI, HC judges including their chief justices, CEC, CAG.
(3) Approval of National emergency by LS and RS
Note : In main exam, it is preferable to mention the majority in words completely rather than just using
the terms like simple, effective, absolute and special.
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Making of Indian Constitution:
# Major Committees of Constituent Assembly & their Chairmen
1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru

3. Provincial Constitution Committee – Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and – Sardar Patel.

Tribal and Excluded Areas
6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad
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Schedules of CoI
1st Schedule: T – Territory

nd
2 Schedule: E – Emoluments/salary
rd
3 Schedule: A – Affirmation/Oath - Union Ministers, candidates for Parliament; MP after getting elected;
SC judges and CAG; State Ministers; candidates for SL and after getting elected; Judges
of HC
th
4 Schedule: R – Rajya Sabha
5th Schedule: S – Scheduled Areas
6th Schedule: O – Other Tribal areas in 4 NE states –
7th Schedule: F – Federal (Division Of Powers)
8th Schedule: O – Official Languages –Assamese; Bengali; Bodo; Dogri; Gujarati; Hindi; Kannada; Kashmiri;
Konkani; Maithili; Malayalam; Manipuri; Marathi; Nepali; Odia; Punjabi; Sankrit; Santali;
Sindhi; Tamil; Telugu; Urdu
9th Schedule: L – Land and Agrarian Reforms
10th Schedule: D – Defection (Anti-Defection Law)
11th Schedule: P – Panchayati Raj
12th Schedule: M – Municipal Corporation
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PART 1 of CoI– The UNION and Its TERRITORY (Articles 1 to 4)

Article 1:
Clause (1) – India, that is Bharat, shall be a Union of States
Clause (2) –
Clause (3) – The territory of India shall comprise—
(a) The territories of the States;
(b) The Union territories specified in the First Schedule;
(c)
Article 3:
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Note: Private MP is an MP who is not part of Executive ie CoM.
Organisation of States in independent India
# State Formation in Chronological Order
1953: Andhra Pradesh carved out of Madras 1975: Sikkim from being a protectorate of India
became a full state
1960: Gujarat separated out of Bombay 1987: Mizoram converted to state from UT
1963: Nagaland separated out of Assam 1987: Arunanchal converted to state from UT
1966: Haryana separated out of Punjab; HP 1987: Goa converted to state from UT
separated as UT
1971: HP converted into state from UT 2000: Chhattisgarh
1972: Manipur converted to state from UT 2000: Uttarakhand
1972: Tripura converted to state from UT 2000: Jharkhand
1972: Meghalaya converted to state from sub 2014: Telangana
state in Assam
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Small states Vs Big States
Following are the advantages of small sized states:
1)
2) In small states, people are closer to state’s administration and politics thereby increasing people’s
participation in governance.
3)
4) A large number of small states lead to equitable allocation of central funds to all parts of country thereby
resulting in balanced regional growth.
However, the disadvantages of too many small states are:
1) It may lead to balkanization of the country and thus threatening unity and integrity.
2)
3) It may lead to new inter-state river water disputes and make already existing river water disputes difficult
to resolve.
4)
5) Small states may not be able to generate sufficient resources from taxes thereby making these states
dependent on central grants.
6)
7) Too many small states may strengthen feelings of regionalism and sub-nationalism.
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Part III of CoI: Fundamental Rights (Art 12-35)

Citizens in India enjoy 3 types of recognized rights:
1.
2. Constitutional rights. Ex : Article 326- Right to vote ; Article 301: Freedom of trade and commerce
3.
Difference b/w FRs and other rights?
Note: Part III of CoI is also known as Magna Carta (UK ) or Bill of Rights (USA)
Nature of FRs
1) Fundamental rights are individual in nature,ie, enjoyed as individuals and not as group of persons. (Except
Right to religious denominations under Article 26 and Cultural and educational rights under Article 29 and
30)
2)
3) Some FRs are available to all persons whether citizens or not, while some FRs are available to only Indian
citizens –
4)
5) They are not absolute but restricted/limited/qualified rights. Constitution itself has provided restrictions
on these rights. Further, Parliament can impose additional restrictions on FRs by law.
6)
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Article 12:
#Article 26.
Subject to public order, morality and health, every religious denomination or any section thereof shall have
the right –
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
Article 28.
(1) No religious instruction shall be provided in any educational institution wholly maintained out of
Statefunds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has
been established under any endowment or trust which requires that religious instruction shall be
imparted insuch institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State
funds shall be required to take part in any religious instruction that may be imparted in such institution
or to attend any religious worship that may be conducted in such institution or in any premises
attached thereto unless such person or, if such person is a minor, his guardian has given his consent
thereto.
#Article 33
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their
application to,
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of
intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of
any Force, bureau or organization referred to in clauses (a) to (c),
Be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of
discipline among them.
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#Article 34
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law
 indemnify any person in the service of the Union or of a State or any other person in respect of any act
done by him in connection with the maintenance or restoration of order in any area within the territory
of India where martial law was in force or
 validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under
martial law in such area.
The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of
contravention of any of the fundamental rights.
#Article 35
#Article 35A
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Part IV of CoI – DPSPs (Directive Principles of State Policy) – Art 36 to 51
Why would the State implement DPSPs if they are not enforceable by courts?
Classification of DPSPs
(1) Socialistic Principles: These principles reflect the ideology of socialism. They lay down the framework
of a democratic socialist state, aim at providing social and economic justice, and set the path towards
welfare state. They direct the state:
1. To promote the welfare of the people by securing a social order permeated by justice— social,
economic and political—and to minimise inequalities in income, status, facilities and opportunities
(Article 38).
2. To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution
of material resources of the community for the common good; (c) prevention of concentration of
wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation
of the health and strength of workers and children against forcible abuse; and (f) opportunities for
healthy development of children (Article 39).
3. To promote equal justice and to provide free legal aid to the poor(Article 39 A).
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4. To secure the right to work, to education and to public assistance in cases of unemployment, old
age, sickness and disablement (Article 41).
5. To make provision for just and humane conditions for work and maternity relief (Article 42).
6. To secure a living wage, a decent standard of life and social and cultural opportunities for all
workers (Article 43).
7. To take steps to secure the participation of workers in the management of industries (Article 43 A).
8. To raise the level of nutrition and the standard of living of people and to improve public health
(Article 47).
(2) Gandhian Principles: These principles are based on Gandhian ideology. They represent the
programme of reconstruction enunciated by Gandhi during the national movement. In order to fulfil the
dreams of Gandhi, some of his ideas were included as Directive Principles. They require the State:
1. To organise village panchayats and endow them with necessary powers and authority to enable
them to function as units of self-government (Article 40).
2. To promote cottage industries on an individual or co-operation basis in rural areas (Article 43).
3. To promote voluntary formation, autonomous functioning, democratic control and professional
management of co-operative societies (Article 43B).
4. To promote the educational and economic interests of SCs, STs, and other weaker sections of the
society and to protect them from social injustice and exploitation (Article 46).
5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article
47).
6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds (Article 48).
(3) Liberal–Intellectual/Western Principles: The principles included in this category represent the
ideology of liberalism. They direct the state:
1. To secure for all citizens a uniform civil code throughout the country (Article 44).
2. To provide early childhood care and education for all children until they complete the age of six
years (Article 45).
3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
5. To protect monuments, places and objects of artistic or historic interest which are declared to be of
national importance (Article 49).
6. To separate the judiciary from the executive in the public services of the State (Article 50).
(4) International Principles

• Article 51(a) - The State will strive to promote international peace and security.
• Article 51(b) - The State will strive to maintain just and honourable relations among various states in
the world.
• Article 51(c) - The State will endeavour to promote respect for International treaties, agreements,
and law.
• Article 51(d) - The State will strive to settle international disputes by arbitration.
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NEW DIRECTIVE PRINCIPLES: 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).
Directives contained outside Part IV (again: non-justiciable)

1. Article 335
2. Article 350 A : It shall be the endeavour of every State and of every local authority within the State to
provide adequate facilities for instruction in the mother-tongue at the primary stage of education to
children belonging to linguistic minority groups.
3. Article 351
FRs DPSPs
Part III of CoI
Political in nature
Individual in nature
Enforceable by courts
Known as negative obligations on state
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Part IVA of CoI: Fundamental Duties
# Article 51A.
It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which
inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity
of India; (d) to defend the country and render national service when called upon to do so; (e) to promote
harmony and the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f)
to value and preserve the rich heritage of our composite culture; (g)to protect and improve the natural
environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to
develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public
property and to abjure violence; (j) 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;(k) who is a parent
or guardian to provide opportunities for education to his child or, as the case may be, ward between the age
of six and fourteen years.
Need to add more duties?
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Part V of CoI: The Union

# President’s oath
 to faithfully execute the office;
 to preserve, protect and defend the Constitution and the law; and
 to devote himself to the service and well-being of the people of India.
Conditions of President’s Office

 can not be MP/MLA/MLC simultaneously.

# PRESIDENT’S POWERS AND FUNCTIONS
 All executive decisions/actions of GoI are taken in his name

 Appoints PM and other CoM, UPSC members, ECs, AG,CAG, Governors of states
 President shall make rules for the more convenient transaction of the business of the
Government of India, and for the allocation among Ministers of the said business. – AoBR
1961 and ToBR 1961
Executive
 Seek information from PM about affairs of administration and proposed legislations (Arti 78)
 President can require PM to submit for the consideration of the CoM any matter on which a
decision has been taken by a Minister but which has not been considered by the Council of
Ministers
 Appoints Inter-state Council; Administers UTs
 Summons & Prorogues both LS and RS sessions

 Nominates 2 members to LS (Anglo-Indian) and 12 to RS (LASS)
Legislative  Addresses both houses assembled together on first day first session of Parliament every
year and first sitting after newly elected LS
 Lays down reports of UPSC, CAG, FC on floor of Parliament
Other  Sends and receives diplomats (diplomatic power); International treaties signed in his name;
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Powers Supreme commander of Armed Forces of India but exercises power according to law(military
and power)
functions  Can declare war or peace (notification by MEA); Can declare 3 types of emergencies
PARDONING POWER OF THE PRESIDENT
Is death penalty allowed in constitution?
Does death penalty violate R to Life under Art 21?
22
Pardoning power of Governors

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any offence against
any law relating to a matter to which the executive power of the State extends. The pardoning powers of the
Governor under article 161 correspond to similar powers of the President under article 72. Article 161
specifically empowers the Governor to grant pardons etc. in cases of those convicted for any offences in
matters within the executive power of the State. The executive power of the State is co-extensive with its
legislative power.
However, Governors can not pardon death sentence although Governors can suspend, remit or commute
death sentence. Also, Governors can not pardon court martials.
# DEATH PENALTY
Arguments FOR Arguments AGAINST
 It’s justice: “eye for an eye”  Can not be said conclusively that it deters people.
(retribution)(they deserve it)  More than quantum of punishment, punishment’s
 It brings closure for the victim’s family certainty and swiftness deters people.
 It’s less expensive than permanent  One must deal with the crime and eradicate it from the
imprisonment criminal. (Hate the sin not the sinner)
 It deters people  Every individual alive has the right to live and only the giver
 It shows society’s disgust for the crime has the right to take it away.
 Some crimes require the “ultimate  Its nature of irreversibility.
penalty”  If killing is wrong, no amount of legal or social sanction can
 For terrorism related offences make it right.
 For rarest of rare cases  2 wrongs don’t make 1 right!
 For persons guilty of heinous offences  Capital punishment is for those without capital (Poor can’t
repeatedly and without remorse(are afford good lawyer)
beyond reformation)  It is based on retribution. (An Eye For an Eye Makes the
Whole World Blind!)
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Vice President
 second highest office in the country
 Inspired from from American Vice-President
QUALIFICATIONS/ELIGIBILITY:
ELECTION:
 holds office for a term of five years but can hold office beyond his term of five years until his successor
assumes charge.
 can resign from his office addressing the resignation to the President.
 is also eligible for re-election to that office any number of times.
 Can’t be an MP/MLA/MLC simultaneously
 oath administered by the President
REMOVAL:
Functions of Vice-President
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# Cabinet Secretariat
 The Cabinet Secretariat is responsible for the administration of the Government of India (Transaction
of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating
smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to
these rules.
 The Cabinet Secretariat ensures that the President, the Vice President and Ministers are kept
informed of the major activities of all Ministries/Departments by means of monthly summary of their
activities.
 The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination,
ironing out differences amongst Ministries/Departments and evolving consensus
 Watching implementation of the decisions taken by the Cabinet
The secretarial assistance provided by Cabinet Secretariat to the Cabinet and Cabinet committees, includes:
 Convening of the meetings of the Cabinet on the orders of the Prime Minister.
 Preparation and circulation of the agenda.
 Circulating papers related to the cases on the agenda.
 Preparing a record of discussions taken.
 Circulation of the record after obtaining the approval of the Prime Minister.
Cabinet Secretary
 Cabinet Secretary is the ex-officio Chairman of the Civil Services Board.

 Provide assistance to the Council of Ministers
 Act as advisor and conscience keeper of the civil services
 Handle senior appointments
 Prepare the agenda of the Cabinet meetings
 Attend the meetings of the Cabinet
 Ensure that the Cabinet decisions are implemented
 Advise the Prime Minister of India
 Act as the Chairman of the Committee of Secretaries on Administration
 Act as the Chairman of the Chief Secretaries Committee
 Provide an element of continuity and stability to administration during crises
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Chief Secretary vs Cabinet Secretary

 The Chief Secretary is the chief of the State Secretaries, while the Cabinet Secretary is not the chief of the
Central Secretaries but only ‘Primus inter pares’ (first among equals).
 The powers and functions of the Chief Secretary are much more than that of the Cabinet Secretary. The
Chief Secretary is the administrative head of the State Secretariat, while the Cabinet Secretary is not
the administrative head of the Central Secretariat.
 The Chief Secretary is the ‘Residual Legatee’ at the State level, while the Cabinet Secretary is not the
‘Residual Legatee’ at the Central level.
 Some departments of the State Secretariat are directly under the charge of the Chief Secretary while
no department of the Central Secretariat is under the direct charge of the Cabinet Secretary, except the
Cabinet Secretariat.
# ATTORNEY GENERAL
• Article 76. The President shall appoint a person who is qualified to be appointed a Judge of the
Supreme Court to be Attorney-General for India.
• Considered part of Union Executive
• It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal
matters, and to perform such other duties of a legal character, as may from time to time be referred or
assigned to him by the President.
• Is first law officer and legal adviser of GoI; represents GoI in courts whenever GoI is a party.
• AG has right of audience in all courts in the territory of India.
• has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint
sitting and any committee of the Parliament of which he may be named a member, but without a right to
vote
• The Attorney-General shall hold office during the pleasure of the President, and shall receive such
remuneration as the President may determine.
• holds office till pleasure of President, i.e., Term of office - not fixed
• Grounds& procedure for removal – not mentioned in CoI
• Resignation – addressed to President
26
The Union Legislature: PARLIAMENT
Criterion Lok Sabha Rajya Sabha
Election Mode Direct Indirect
Age 25 30
Nominations Anglo Indians (abolished by 104th L.A.S.S.

CAA 2020)
Duration 5 years (Maximum) Permanent
Strength Current-545 Current-245
U.T Yes, All No, Only Delhi, Pondicherry & Jammu

Representation and Kashmir
Presiding Officers Speaker and Dy. Speaker Chairman and Deputy – Chairman
State Residency Not required Not required ANY MORE
Qualifications of MPs
1.
2.
3. Age: LS-25 years & RS-30 years
Disqualifications of MPs (Article 102)

1. if he holds any office of profit under the Union or state government
2. if he is of unsound mind and stands so declared by a court.
3. if he is an undischarged insolvent.
4. if he is not a citizen of India
27
Anti-Defection Law
A member/legislator incurs disqualification under the defection law:

• if he voluntarily gives up the membership of the political party on whose ticket he is elected to the
House;
• if he votes or abstains from voting in the House contrary to any direction given by his political party;
• if any independently elected member joins any political party; and
• if any nominated member joins any political party after the expiry of six months.
 Who has the power of disqualifying an MP/MLA/MLC under ADL??

Ans.:
Exceptions of ADL:
(1)
(2)
Is there a need to amend anti-defection law?
28
Speaker of LS
Speaker is given a high rank and sufficient independence and protection to his impartiality E.g.:
His work and conduct cannot be discussed and criticised in the Lok Sabha except on a motion to remove him.
His powers of regulating procedure or conducting business or maintaining order in the House are not subject
to the jurisdiction of any Court.
Functions of Speaker:
 Responsible for conducting business in House and regulating its meetings
 final interpreter of the provisions of the Constitution of India within the House
 presides over a joint sitting of the two Houses of Parliament
 adjourns the House or suspends the meeting in absence of a quorum
 does not vote in the first instance but to resolve a tie (its called casting vote)
 He can allow a ‘secret’ sitting of LS
 decides whether a bill is a money bill or not
 decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of
defection
 At any sitting of LS, while any resolution for the removal of the Speaker from his office is under
consideration, the Speaker shall not preside.
 While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or,
if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President
may appoint for the purpose.
 During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if
he is also absent, such person as may be determined by the rules of procedure of the House.
29
Types of Bills in Parliament

(1) Ordinary bills
(2) Money bills,
(3) Financial bills,
(4) Constitution amendment bills
Money Bills:
# Article 110
(1) A Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the
following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of
India, or the amendment of the law with respect to any financial obligations undertaken or to be
undertaken by the Government of India; (c) the custody of the Consolidated Fund of India or the
Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such
fund; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any
expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the
amount of any such expenditure; (f) the receipt of money on account of the Consolidated Fund of India
or the public account of India or the custody or issue of such money or the audit of the accounts of
the Union or of a State
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for
services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of
the People thereon shall be final.
Union Budget
30
Charged Expenditure
# Article 112(3)
The following expenditure shall be expenditure charged on the Consolidated Fund of India –
(a) the emoluments and allowances of the President and other expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the
Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for which the Government of India is liable including interest, sinking fund charges and
redemption charges, and other expenditure relating to the raising of loans and the service and
redemption of debt;
(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;
(ii) the pensions payable to Judges of any High Court;
(e) the salary, allowances and pension payable to the CAG and UPSC members;
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged. For E.g.
Lokpal and Lokayukta Act 2013 has declared salaries and expenditure of Lokpal to be charged on
Consolidated Fund of India.
# Provisions in Constitution related to Budget

 No demand for a grant shall be made except on the recommendation of the President (113)
 No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by
law.(114)
 No tax shall be levied or collected except by authority of law.(265)
 The Rajya Sabha has no power to vote on the demand for grants.
Delegated Legislation
31
# The Union Judiciary - SUPREME COURT
The constitution has made the following provisions to ensure independence of judiciary:
1. Security of Tenure: The judges of the Supreme Court have security of tenure and they cannot remove
from office except by an order of the President by adopting the set procedure laid down in the
constitution.
2. Salary of Judges fixed not subject to vote of Legislature: The salary and allowances of the judges of
the Supreme Court are charged on Consolidated Fund of India.
3. Parliament can extend but cannot curtain the jurisdiction and power of the Supreme Court: To
work more effectively the Parliament may enhance the jurisdiction of the Supreme Court in civil cases,
here the point to be noted that in all the provisions the Parliament an exceed, but cannot curtail the
jurisdiction and power of the Supreme Court under article 138.
4. No discussion in Legislature on the conduct of Judges: Neither in Parliament not in a State
Legislature a discussion can take place with respect to the conduct of a judge of the Supreme Court in
discharge of his duties under article121.
5. Power to punish for its contempt: The Supreme Court and the High Court have the power to punish
any person for its contempt under article 129 and 215, this power is very essential for maintaining the
impartiality and independence of the Judiciary.
6. Separation of judiciary from executive: States have been directed by the constitution through article
50 to take steps to separate the judiciary from the executive in the interest of public service of the State.
7. Prohibition on practice after retirement: Under article 124(7) of the constitution a retired Judge of
the Supreme Court is prohibited to appear and plead in any court or before any authority within the
territory of India.
Qualifications of SC Judges:
32
# Comptroller and Auditor General of India (CAG)

• Appointed by President
• Term? 6 years or 65 years of age (whichever earlier)
 Resignation – to President
 Removal?? by the president on same grounds and in the same manner as a judge of the Supreme
Court
 Duties and Responsibilities not prescribed by Constitution. This power given to Parliament by
constitution.
 Parliament enacted the CAG’s (Duties, Powers and Conditions of Service) act, 1971
 Functions: audits the accounts related to all expenditure from the CFI, consolidated fund of each
state/UT.
 audits all expenditure from the Contingency Fund of India and the Public Account of India as well as
the contingency fund of each state and the public account of each state.
 audits the receipts and expenditure of the following:
All bodies and authorities substantially financed from the Central or state revenues; Government
companies; and other corporations and bodies, when so required by related laws.
 ascertains and certifies the net proceeds of any tax or duty
 submits his audit reports relating to the accounts of the Centre to President, who shall, in turn, place
them before both the Houses of Parliament
 submits his audit reports relating to the accounts of a state to governor, who shall, in turn, place
them before the state legislature
 advises the President with regard to prescription of the form in which the accounts of the Centre and
the states shall be kept
 compiles and maintains the accounts of state governments
 assists Public Accounts Committee
33
STATE LEGISLATURE
SL =
SLA/Vidhan sabha:
 directly elected
 elections on basis of FPTP from single member territorial constituencies
 Governor may nominate 1 Anglo-Indian
 Reservation of seats for SCs and STs in proportion to population in state.
SLC / Vidhan Parishad:
 permanent house
 indirectly elected
 elections on basis of proportional representation by means of single transferable vote.
 Governor may nominate 1/6th of total strength of SLC from persons from fields of
Legislative Procedure in State Legislatures:
34
High Court
• CoI provides for a high court for each state, but the 7th CAA of 1956 authorised the Parliament to establish
a common high court for two or more states or for two or more states and a UT
• At present- 25 high courts in the country
• Delhi –only UT with its own HC
• Qualifications of Judges: 1.citizen of India.
• 2.(a)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.
• No minimum age
• No provision for appointment of distinguished jurist
• The chief justice of HC is appointed by the President after consultation with the chief justice of India (who
further consults 2 senior most judges of SC according to SC in 3rd Judges case ) and the governor of the
state concerned.
• For appointment of other judges, the chief justice of the concerned high court is also consulted.
• Judges of HC hold office until the age of 62 years.
• can resign his office by writing to the president
• can be removed from his office by the President on the recommendation of the Parliament(grounds and
procedure same as a judge of SC )
• A judge of HC can be transferred to another HC by President on recommendation of CJI (a collegium of CJI
and 4 senior most judges of SC) and CJs of the two concerned HCs.
Powers and Jurisdiction of HCs:
(A) Original Jurisdiction:
(1) They are empowered to issue writs in order to enforce fundamental rights.
(2) All High Courts have original jurisdiction in cases that are related to will, divorce, contempt of court
and admiralty.
(3) Election dispute petitions with respect to elections to Parliament and SLs
(B) Appellate Jurisdiction: A high court is primarily a court of appeal. It hears appeals against the
judgements of subordinate courts functioning in its territorial jurisdiction. It has appellate jurisdiction in
both civil and criminal matters. Hence, the appellate jurisdiction of a high court is wider than its original
jurisdiction.
(C) 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 phrase ‘for any other purpose’ refers to the
enforcement of an ordinary legal right.
(D) 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).
(E) A Court of Record: As a court of record, a high court has two powers: (a) the judgements, proceedings
and acts of the high courts are recorded for perpetual memory and testimony. These records are
admitted to be of evidentiary value and cannot be questioned when produced before any subordinate
court. They are recognised as legal precedents and legal references. (b) It has power to punish for
contempt of court, either with simple imprisonment or with fine or with both.
(F) 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
35
Part VIII of CoI: The Union Territories

Why UTs?
Additional points to be emphasized upon wrt UTs:

 Acc to Govt. of UTs Act 1963, oath to ministers is administered by Administrator (appointed by President).
 If administrator returns a bill to LA, if LA again passes bill, Administrator may give assent or reserve for
President!!
 CG can nominate 3 members to LA of Pondicherry and LG of J&K may nominate 2 women to LA of J& K.
(similar provision not in Delhi)
 No ST reservation in Delhi LA
 During National Emergency, term of LA may be increased by Presidential order, one year at a time (not
parliamentary law)
 For Money bill, prior recommendation of Administrator required
 Prorogation and Summoning of LA sessions done by Administrator
 Ordinances by Administrator but with prior sanction of President
 The President can make regulations for the peace, progress and good government of the Andaman and
Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu.
 UTs of only Delhi and J & K have their separate High Court
36
PART X: The SCHEDULED & TRIBAL Areas
Declaration of communities as tribes:
(1) primitive traits,

(2) distinctive culture,
(3) geographical isolation,
(4) shyness of contact with the community at large, and
(5) backwardness
37
ADMINISTRATION OF SCHEDULED AREAS in V schedule [Article 244(1)]
ADMINISTRATION OF TRIBAL AREAS in VI schedule – Article 244(2)
(1)
(2) If there are different tribes in an autonomous district, the governor can divide the district into several
autonomous regions.
(3)
(4)
(5) The district and regional councils within their territorial jurisdictions can constitute village councils or
courts for trial of cases where all parties to dispute ate STs within areas (verdict can be challenged in
HC)
38
(6)
(7) If any law or regulation/resolution made by ADCs endangers safety of India or public order, Governor
can suspend or annul such resolution and ADC and assign to himself powers of ADC
Assam:
Meghalaya:
Tripura and Mizoram:
Exemptions from paying Income Tax:
39
Part XI of CoI – Relations between Union & States
C-S legislative relations

Article 245 :
Article 246: Only Parliament has legislative competence to make laws on subject of List 1 in 7th
schedule. Only SLs can legislate on matters of List 2. Both Parliament and SLs have
competence to enact laws on List 3(concurrent list)
40
The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is,
(a) education,
(b) forests,
(c) weights and measures,
(d) protection of wild animals and birds, and
(e) administration of justice; constitution and organisation of all courts except the Supreme Court and the
high courts.
Parliament’s power to legislate on matters in state list!!
 When Rajya Sabha Passes a Resolution(249) –
41
 During a National Emergency (250)

 When States Make a Request(252) --
 To Implement International Agreements / treaties(253)

 During President’s Rule--
Union – State ADMINISTRATIVE RELATIONS
42
Provisions in constitution to bring C-S cooperation
1. Article 262
2. Article 263
# Finance Commission
 Article 280 provides for a Finance Commission
 It is constituted by the President every fifth year or even earlier.
 FC = Chairman and 4 other members
43
 The Constitution authorises the Parliament to determine the qualifications of members of the
commission and the manner in which they should be selected. Accordingly, the Parliament has specified
the qualifications of the chairman and members of the commission
 The chairman should be a person having experience in public affairs
 Four other members should be selected from amongst the following:
o A judge of high court or one qualified to be appointed as one.
o A person who has specialised knowledge of finance and accounts of the government.
o A person who has wide experience in financial matters and in administration.
o A person who has special knowledge of economics.
 It is required to make recommendations to the President on the following matters:
o The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the
allocation between the states, the respective shares of such proceeds.
o The principles which should govern the grants-in-aid to the states by the Centre (i.e., out of the
Consolidated Fund of India).
o 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.
44
PART XIV
SERVICES UNDER THE UNION AND THE STATES
Article 309:
Article 310: Members of defence services, Central Civil Services and AIS  hold office during the pleasure of
the President
Members of State Civil Serviceshold office during the pleasure of the Governor
Article 311:
3 categories of services
 All-India services,
 Central services and
 State services
All India Services (AIS)
 ICS  IAS
 IP  IPS
 Indian forest Service – 1966
 Sardar Vallabhbhai Patel - the ‘Father of all-India Services’
 All-India Services Act of 1951
 1/3rd seats in IAS, IPS, IFS to be filled by way of promotions from State services (UPSC conducts the
selection)
 Article 312 – Parliament may create a new AIS if RS, in national interest, passes a resolution with majority
of not less than 2/3rd members present and voting to that effect.
Cadre controlling authorities

 IAS – Min of Personnel
 IPS – Min of Home Affairs
 IFS – Min of Environment and Forests
45
Union Public Service Commission (UPSC)

 315. (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union
and a Public Service Commission for each State.
 UPSC = Chairman + other members

 Strength not fixed (depends on President)
 Usually has about 10 members
 Qualifications of members??
No such qualifications except that one-half of the members of the Commission should be such persons
who have held office for at least ten years either under the Government of India or under the government
of a state.
 Tenure? 65 years of age or 6 years whichever is earlier
 Resignation to President
REMOVAL
The President can remove the chairman or any other member of UPSC from the office under the following
circumstances:
 If he is adjudged an insolvent (that is, has gone bankrupt);
 If he engages, during his term of office, in any paid employment outside the duties of his office; or
 If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.
 Misbehavior – after SC enquiry
 But what constitutes misbehavior?

 if he
(a) is concerned or interested in any contract or agreement made by the Government of India or the
government of a state, or
(b) participates in any way in the profit of such contract or agreement or in any benefit therefrom
otherwise than as a member and in common with other members of an incorporated company.
Provisions in constitution which ensure impartiality of UPSC members

 Expenditure are charged on the Consolidated Fund of India
 The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government
of India or a state
 A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a
State Public Service Commission (SPSC), but not for any other employment in the Government of India or
a state
 The chairman or a member or UPSC is (after having completed his first term) not eligible for
reappointment to that office (i.e., not eligible for second term).
 Security of tenure (removal grounds mentioned)
Functions /Responsibilities
 It conducts examinations for appointments to the all-India services, Central services and public services of
the centrally administered territories
46
 It assists the states (if requested by two or more states to do so) in framing and operating schemes of
joint recruitment for any services for which candidates possessing special qualifications are required
 It is consulted on the following matters related to personnel management:

o All matters relating to methods of recruitment to civil services and for civil posts.
o The principles to be followed in making appointments to civil services and posts and in making
promotions and transfers from one service to another.
o All disciplinary matters affecting a person serving under the Government of India in a civil capacity
including memorials or petitions relating to such matters
 Matters of temporary appointments for period exceeding one year and on regularization of appointments
 Apart from these functions, jurisdiction of UPSC can be increased by Parliament.

 Also, constitution empowers President to exclude posts, services and matters from the purview of the
UPSC
Are recommendations of UPSC binding on Govt.?

No!!
But, UPSC presents, annually, to the president a report on its performance. The President places this report
before both the Houses of Parliament, along with a memorandum explaining the cases where the advice of
the Commission was not accepted and the reasons for such non-acceptance. All such cases of non-acceptance
must be approved by the Appointments Committee of the Union cabinet.
47
PART XIVA
Tribunals
 323A. (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of
disputes and complaints with respect to recruitment and conditions of service of persons appointed to
public services and posts in connection with the affairs of the Union or of any State or of any local or other
authority within the territory of India or under the control of the Government of India or of any
corporation owned or controlled by the Government.
 Under Article 323 B, the Parliament and the state legislatures are authorised to provide for the
establishment of tribunals for the adjudication of disputes relating to other matters.
Central Administrative Tribunal

 CAT is for the adjudication or trial of disputes and complaints with respect to recruitment and conditions
of service of persons appointed to public services and posts in connection with the affairs of the Union or
of any State
 Parliament has passed the Administrative Tribunals Act in 1985.
 It provides for Central administrative tribunal (CAT)
 PRINCIPAL BENCH – Delhi
 CAT = Chairman + other judges
 Consists of administrative as well as judicial officers
 Appointed by – President
 Originally appeals against CAT lied only in SC But this was struck down by SC as unconstitutional
 Therefore, as of now, appeals against CAT lie in HC.
48
Armed Forces Tribunal
National Green Tribunal
49
PART 15 of Constitution: ELECTIONS

(Art 324 to 329)
Article 324:
Article 325: There shall be one general electoral roll for every territorial constituency for election to either
House of Parliament or to the House or either House of the Legislature of a State and no person shall be
ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such
constituency on grounds only of religion, race, caste, sex or any of them.
Article 326:
Functions/Powers of Election Commission:

*
*Granting recognition and symbols to parties.

*
*Scrutiny of nomination papers
*Frame and implement MCC
*To advice President on MP’s disqualification under Art 102 and 103
*
*resolve disputes in case of party split

*To advise the president whether elections can be held in a state under president’s rule in order to extend
the period of emergency after one year.
 The Election Commission shall consist of the CEC and such number of other election commissioners, if any,
as the president may from time to time fix. (strength not fixed by Constitution)
 Appointment – by President
 President may also appoint Regional commissioners after consultation with EC
50
 Conditions of service of CEC and ECrs is determined byPresident

 Tenure6 years or 65 years of age whichever earlier
 ECs are all equal in status.
 All business of the Election Commission shall, as far as possible, be transacted unanimously. If the Chief
Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter
shall be decided according to the opinion of the majority.
 CEC and ECs have a salary as of judge of SC
 CEC can be removed in same manner and grounds as judge of SC
 Other ECs can be removed by President only on recommendation of CEC.
Controversy !! Whether CEC can suomotu recommend to President removal of an election commissioner ??
T.N.Seshan vsUoI1995 : SC- No.
 Qualifications not prescribed by Constitution
A convention developed that the senior of two ECs is appointed as CEC.
Reforms required in Election Commission
51
Part 17 of CoI – Official Language
Arguments in favour of Hindi:
Arguments against Hindi:
52
• 343. (1) The official language of the Union shall be Hindi in Devanagari script.
• 343(2)
• 343(3)
Note:
Article 345:
Article 346: The language for the time being authorised for use in the Union for official purposes shall be the
official language for communication between one State and another State and between a State and the Union
Article 348:
Article 351:
53
Part 18 of CoI: EMERGENCY PROVISIONS
(1) National Emergency ( Article 352 )

(2) State or Constitutional emergency/President’s Rule ( Article 356 )
(3) Financial Emergency ( Article 360 )
National Emergency
Article 352:
54
Revocation of Proclamation of Emergency
 1 Proclamation of Emergency may be revoked by the President by making a subsequent Proclamation.
 2 A Proclamation of Emergency shall on its own cease to operate on the expiration of the period for
which the Proclamation has been approved by the Houses of Parliament.
 3
Consequences / Effects of Proclamation of National Emergency
55
State or Constitutional emergency/President’s Rule # Article 356
Article 356: Provisions in case of failure of Constitutional machinery in States

Article 356:
(1)
(2)
(3) State Govt. functions in a manner subversive of Constitution.

(4) Widespread breakdown of law and order (Article 355)
(5)
(6) State government adopts anti-secular policies.
The following are not considered valid reasons for invoking Article 356:
(1)
(2)
(3)
Approval by Parliament
56
Consequences of President’s rule
Punchhi Commission recommendations wrt Article 356:

1. There should be an amendment in Articles 355 and 356 to enable the Centre to bring specific trouble-torn
areas under its rule for a limited period.
2. The commission has proposed “localising emergency provisions” under Articles 355 and 356, contending
that localised areas – either a district or parts of a district – be brought under Governor’s rule instead of
the whole state. Such an emergency provision should however not be of duration of more than three
months.
 Inspired from Section 93 of GoI Act 1935

 It was modified and inserted in Indian Constitution in the hope that it will be used only as a deterrent. It
was to be invoked only when all other measures have failed.
 But, it is one article which has led to most irritant relationship between Centre and States.
 Incorporation of this provision was justified in the context in which our constitution was framed.
 Given the centrifugal tendencies, our constitution was to be turned into a unitary system when situation
warranted.
 Framers of constitution hoped that it will be used as a method of last resort and not as first line of defence.
 But hopes were belied when it was abused more than used.
 Sarkaria commission pointed use of article 356:
 Sarkaria commission pointed that in 13 cases President’s rule was invoked despite the fact that incumbent
CoM enjoyed majority in SLA.
It was done just to sort out political rivalry.
Major sore points WRT Art 356
 Expression “breakdown of constitutional machinery” not defined in constitution.
 Opposition parties are often not given opportunity to form the govt.
 Governor’s report is often written at behest of CG.
57
 Article 356 often used to dislodge SG run by political party other than ruling party at centre.
In Bommai case (1994), the following propositions have been laid down by the Supreme Court on imposition
of President’s Rule in a state under Article 356:
 The presidential proclamation imposing President’s Rule is subject to judicial review.
 President’s power is not absolute and subject to existence of sufficient pre-conditions. The satisfaction of
the President must be based on relevant material. The action of the president can be struck down by
the court if it is based on irrelevant or extraneous grounds or if it was found to be malafide or perverse.
 Burden lies on the Centre to prove that relevant material exist to justify the imposition of the President’s
Rule.
 If the court holds the presidential proclamation to be unconstitutional and invalid, SC can restore status
quo ante (can even revive dissolved SLA)
 The state legislative assembly should be dissolved only after the Parliament has approved the
presidential proclamation. Until such approval is given, the president can only suspend the assembly. In
case the Parliament fails to approve the proclamation, the assembly would get reactivated.
 The question of the state government losing the confidence of the legislative assembly should be decided
on the floor of the House and until that is done the ministry(government) should not be unseated
In Rameshwar Prasad vs UoI 2006 case, SC held that Governor can not recommend President’s rule on basis
of his subjective assessment that majority was formed by tainted means/horse-trading. Buta Singh, then
Governor of Bihar, recommended Prez rule on this ground.
# Financial Emergency
(Article 360)
If president is satisfied-
 Financial instability or credit of India or any part is threatened
 Such proclamation MUST be approved by Parliament within 2 months.
 Continues unless revoked by President (thus regular renewals not required)
The PRESIDENT can
 Give directions to the states to observe the canons of financial propriety.
 Issue directions for the reduction of salaries and allowances of all or any class of persons serving in
connection with the affairs of the union, including the judges of the Supreme Court and High Court.
 Require that all money bills and other financial bills passed the state legislature be reserved for his
consideration.
This type of Emergency has not been declared so far.
58
#Special Provisions for some states

Art 370 : J&K Art 371-E : Andhra Pradesh
Art 371 : Gujarat and Maharashtra Art 371-F : Sikkim
Art 371-A : Nagaland Art 371-G : Mizoram
Art 371-B : Assam Art 371-H : Arunachal Pradesh
Art 371-C : Manipur Art 371-I : Goa
Art 371-D : Andhra Pradesh and Telangana Art 371-J : Karnataka
59

Important Themes of Indian Constitution

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Important Themes of Indian Constitution

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Important Themes of

# BASIC VOCABULARY/JARGONS OF SUBJECT

To control severely in order to prevent free and natural development or expression. It

In the context of judiciary, this refers to money given to a person or institution to

The ability of a party to bring a lawsuit or participate in a particular case. In other

Supporters or hired musclemen of party or a candidate gain physical control of a

Voters in a geographical area who elect a representative to the legislative bodies. In

Fraud and malpractices indulged by a party or candidate to increase its votes. It

Clause A distinct section of a document; sub-part.

A statute in draft before it becomes law OR a draft of a proposed law presented to

An institution empowered to administer justice and provide a mechanism for the

Some Facts about Constitution of India (CoI)

# MAIN SOURCES OF INDIAN CONSTITUTION

Fundamental rights; Independent judiciary; Judicial review; Impeachment of

Directive Principles of State Policy; Nomination of members to Rajya Sabha; Electoral

Suspension of FRs during Emergency

Parliamentary form of govt.; Rule of law; Legislation procedures; Single citizenship;

Russian Revolution Idea of Justice  social, economic and political

Amendment to the Constitution; Election of members of RS

Australia Concurrent List; Freedom of trade and commerce; Joint sitting

# Parliamentary and Presidential form of Government

FEATURES OF PARLIAMENTARY GOVERNMENT

MERITS OF THE PARLIAMENTARY SYSTEM

2)Prevents Despotism - Parliamentary system prevents concentration of powers because powers of

DEMERITS OF THE PARLIAMENTARY SYSTEM

Why did we choose Parliamentary system ?

2) Relatively easy to understand.

TYPES OF MAJORITIES IN CoI

E.g.: (1) Passage of Ordinary, Financial and Money Bills

(2) Absolute Majority:

(3) Effective Majority:

(4) Special Majority:

(1) To amend CoI, ie, Passage of CAB in LS and RS

Making of Indian Constitution:

# Major Committees of Constituent Assembly & their Chairmen

1. Union Powers Committee – Jawaharlal Nehru

2. Union Constitution Committee – Jawaharlal Nehru

5. Advisory Committee on Fundamental Rights, Minorities and – Sardar Patel.

1st Schedule: T – Territory

5th Schedule: S – Scheduled Areas

6th Schedule: O – Other Tribal areas in 4 NE states –

7th Schedule: F – Federal (Division Of Powers)

10th Schedule: D – Defection (Anti-Defection Law)

11th Schedule: P – Panchayati Raj

12th Schedule: M – Municipal Corporation

PART 1 of CoI– The UNION and Its TERRITORY (Articles 1 to 4)

Clause (3) – The territory of India shall comprise—

(a) The territories of the States;

(b) The Union territories specified in the First Schedule;

Note: Private MP is an MP who is not part of Executive ie CoM.

Organisation of States in independent India

# State Formation in Chronological Order

Small states Vs Big States

Following are the advantages of small sized states:

However, the disadvantages of too many small states are:

Part III of CoI: Fundamental Rights (Art 12-35)

Part IV of CoI – DPSPs (Directive Principles of State Policy) – Art 36 to 51

(4) International Principles