CHAPTER - 2

CONSTITUTION OF INDIA

Broad Framework of the Constitution

The Constitution of India, in force since January 26, 1950, is a comprehensive document with
395 Articles divided into 22 Parts and 12 Schedules. It outlines the structure of the government,
provisions for citizens' rights, and principles for state governance.

Preamble
The preamble declares India as a Sovereign, Socialist, Secular, and Democratic Republic,
emphasizing justice, liberty, equality, and fraternity. The constitution is considered the prime
source of laws, reflecting the nation's principles and ideology.

Structure
The Indian Constitution is described as federal but with certain unitary features. It incorporates
dual government, distribution of powers, supremacy of the constitution, an independent
judiciary, a written constitution, and a rigid amendment procedure. While having federal
characteristics, both the Union and States collaborate to achieve the ideals in the preamble.

Peculiar Features of Indian Federalism

India's federalism differs from other systems globally in aspects such as the mode of formation,
position of states, citizenship, and the vesting of residuary powers in the Union. The Indian
Constitution is seen as a combination of federal and unitary features, emphasizing national
interest over autocracy.

Fundamental Rights
Part III of the Constitution guarantees fundamental rights to secure liberty, equality, and
fraternity for the people. These rights are influenced by the idea of universal and inalienable
rights, with a focus on preserving human liberty and promoting democratic life. The
Constitution originally included the right to property, which was later removed. Fundamental
rights are subject to reasonable restrictions in the interest of the state through valid legislation.

Classification of Fundamental Rights

 Fundamental rights are categorized based on the persons to whom they are available. Some
rights are guaranteed only to citizens, while others are available to any person on Indian soil,
regardless of citizenship. Certain rights impose absolute limitations on legislative power.

Definition of State
The term "State" includes the government and parliament of India, government legislatures of
states, and all local or other authorities within the territory of India or under the control of the
Government of India. Fundamental rights are generally available against the State, with a few
exceptions.

Justifiability of Fundamental Rights

Existing Laws (Article 13(1)):

 Laws existing before the Constitution came into force are subject to review.

 The court must declare the invalidity of pre-constitutional laws inconsistent with
fundamental rights.

Future Laws (Article 13(2)):

 No law post the Constitution's commencement should violate fundamental rights.

 If such a law is made, it is void to the extent it curtails rights.

Definition of 'Law':

 'Law' includes ordinances, orders, bye-laws, rules, regulations, notifications, customs, or

usages with the force of law.

Constitutional Amendment:

 Initially, there was a debate about whether a constitutional amendment could be

considered a 'law' under Article 13.

 The Golaknath case concluded that even a constitutional amendment is subject to

Article 13.

 The Constitution (Twenty-Fourth Amendment) Act, 1971, exempted constitutional

amendments from Article 13.

Doctrine of Severability
  Invalid parts of a law inconsistent with fundamental rights are severed, keeping the
valid parts intact.

Doctrine of Eclipse
 Existing laws inconsistent with fundamental rights become dormant but can be revived
if the constitutional prohibition is removed.

Waiver
 Generally, citizens can't waive fundamental rights. Knowledge of rights and voluntary
waiver are essential.

Article 14 - Equality before the Law and Equal Protection of Laws

General Principle (Article 14):

 Guarantees equality before the law or equal protection of laws to every person.

Legislative Classification:

 Classification is allowed but must be founded on an intelligible differentia with a

rational nexus to the law's objective.

Test of Valid Classification:

 Must have a reasonable basis, and the differentia must have a rational connection to
the law's purpose.

Scope of Article 14:

 Prohibits discrimination, not classification.

 Applies to both substantive law and procedures.

 Strikes at arbitrariness in State action.

Evolved Dimensions:

 Reasonableness is essential for equality.

 Applies to executive acts.

 Strikes down arbitrary actions.

Article 15 : Prohibition of discrimination on grounds of religion etc.

  Article 15(1): Prohibits the State from discriminating against any citizen on grounds of
religion, race, caste, sex, or place of birth.

 Article 15(2): Forbids citizens from being subjected to any disability, restriction, or
condition regarding access to public places like shops, restaurants, and educational
institutions, funded either wholly or partially by the State.

 Article 15(3) and (4): Allow the State to make special provisions for women and
children, and for the advancement of socially and educationally backward classes,
scheduled castes, and scheduled tribes.

 Article 15(5): Allows the State to make special provisions for socially and educationally
backward classes or scheduled castes and tribes concerning their admission to
educational institutions, both aided and unaided by the State.

 Article 15(6): Introduced by the Constitution (One Hundred and Third Amendment) Act,
2019, enables the State to make special provisions for economically weaker sections in
educational institutions, subject to a maximum of ten percent of total seats in each
category.

Article 16: Equality of opportunity in matters of public employment:

 Article 16(1): Guarantees equality of opportunity in public employment for all citizens.

 Article 16(2): Prohibits discrimination based on religion, race, caste, sex, descent, place
of birth, or residence.

 Article 16(3): Allows Parliament to make laws stating that residence within a state or
union territory is an essential qualification for certain employment.

 Article 16(4): Permits the reservation of appointments or posts in favor of any backward
class not adequately represented.

 Article 16(4A): Allows for reservation in matters of promotion with consequential

seniority for Scheduled Castes and Scheduled Tribes.

 Article 16(4B): Permits unfilled reserved vacancies to be considered separately in

subsequent years.

 Article 16(5): States that a law requiring a person in certain religious or denominational
institutions to profess a particular religion is not invalid.
  Article 16(6): Introduced by the Constitution (One Hundred and Third Amendment) Act,
2019, enables the State to make special provisions for economically weaker sections in
public employment, subject to a maximum of ten percent of posts in each category.

Rights Relating to Freedom (Articles 19-22)

Article 19: Freedom of Speech and Expression

 Article 19(1)(a): Guarantees freedom of speech and expression, including freedom of
the press and other forms of communication.

 Article 19(2) to (6): Allows for reasonable restrictions on grounds of sovereignty and
integrity, security of the state, friendly relations with foreign states, public order,
decency, morality, contempt of court, defamation, and incitement to an offense

Guaranteed Freedoms

 Freedom of speech and expression

 Right to assemble peacefully and without arms

 Freedom of association

 Freedom to move freely throughout India

 Right to reside and settle in any part of India

 Freedom to practice any profession, or to carry on any occupation, trade, or business

Restrictions:

 Subject to reasonable restrictions specified in clauses (2) to (6) of Article 19.

Reasonable Restrictions

Conditions for Restrictions:

 Must be imposed by law, not executive order.

 Must be reasonable.

 Must be imposed for achieving specific objectives in respective clauses of Article 19.
Factors for Reasonableness:

 Objective of the restriction

 Nature, extent, and urgency of the evil addressed

 Proportionality of the restriction to the evil

 Duration of the restriction

 Conditions prevailing when the law was framed

Onus of Proof:

 State must prove to the satisfaction of the Court that the restriction is reasonable.

Right to Freedom of Speech and Expression (Article 19(1)(a))

 Encompasses speech, writing, press, circulation of ideas, peaceful demonstrations, and

more.

 Right to communicate through any media (print, electronic, audio-visual).

Restrictions:

 Restrictions must be reasonable and imposed by law.

 No pre-censorship allowed under clause (2).

 Commercial advertisements subject to reasonable restrictions.

 Right to know, receive, and impart information included.

Freedom of Assembly (Article 19(1)(b))

 Essential in a democratic government.

 Connected to the right of free speech.

Restrictions:

 Assembly must be peaceful and without arms.

  State can impose reasonable restrictions in the interest of sovereignty, integrity, or
public order.

Freedom of Association (Article 19(1)(c))

 Freedom to hold meetings, take out processions without arms.

 Right to form associations and unions.

Restrictions:

 Subject to reasonable restrictions in the interest of sovereignty, integrity, public order, or

morality.

Freedom of Movement and Residence (Article 19(1)(d) and (e))

 Right to move freely throughout India.

 Right to reside and settle in any part of India.

Restrictions:

 Subject to reasonable restrictions in the interest of the general public or the protection
of Scheduled Tribes.

Right to Acquire, Hold, and Dispose of Property (Article 19(1)(f)) [Deleted by 44th
Amendment in 1978.]

Freedom to Trade and Occupations (Article 19(1)(g))

 Citizens have the right to practice any profession or carry on any occupation, trade, or
business.

Restrictions:

 Subject to reasonable restrictions in the interest of the general public.

 Existing laws on professional or technical qualifications remain valid.

 State can carry on trade, industry, or service, to the exclusion of citizens if necessary.
Protection in Respect of Conviction for Offences (Articles 20, 21, 22)
Protection against Ex-post facto laws (Article 20(1)):

 No person shall be convicted of any offence except for a violation of a law in force at the
time of the act.

 Ex-post facto laws, punishing acts that were lawful when done, are prohibited.

 The penalty for an offence cannot be increased retrospectively.

 The protection is against substantive laws, not procedural laws.

Protection against Double Jeopardy (Article 20(2)):

 No person can be prosecuted and punished for the same offence more than once.

 If a person is let off after prosecution without being punished, they can be prosecuted
again.

Protection against Self-Incrimination (Article 20(3)):

 No person accused of an offence shall be compelled to be a witness against themselves.

 Conditions for protection: accused of an offence, compulsion to be a witness, and

compulsion resulting in self-incrimination.

 Extends to those formally accused, suspects, and even witnesses fearing exposure to
criminal charges.

Article 21: Protection of Life and Personal Liberty

 Guarantees the fundamental right to life and personal liberty.

 States that no person shall be deprived of life or personal liberty except according to the
procedure established by law.

Interpretation of "Personal Liberty":

 Initially, a narrow interpretation in A.K. Gopalan's case was challenged in subsequent

cases.
  Expansive view in Kharak Singh v. State of U.P. that personal liberty isn't limited to
bodily restraint but includes the right to privacy.

 Gobind v. State of M.P.: Right to privacy should be denied only when an important
countervailing interest is shown.

Procedure Established by Law:

 Originally, A.K. Gopalan held that it means the procedure enacted by a law made by the
state.

 Later clarified in Maneka Gandhi's case that Article 21 does not exclude Article 19, and
the procedure must be fair, just, and reasonable.

Right to Privacy:

 Gobind v. State of M.P. emphasized the need for careful examination and case-by-case
development of the right to privacy.

 Right to privacy now recognized as an integral part of Article 21.

Article 21A: Right to Education

 Introduced by the 86th Amendment, mandates free and compulsory education for
children aged 6 to 14.

 State responsibility to ensure compliance with quality education without discrimination.

Protection against Arrest and Detention (Article 22)

 Distinction between alien enemies, persons under preventive detention, and others.

 Safeguards for persons arrested, including informing them of grounds, right to legal
consultation, and production before a magistrate within 24 hours.

Preventive Detention
 Detention without trial to prevent a person from committing prohibited acts.
  Parliament and State Legislatures can pass laws for preventive detention.

Safeguards against Preventive Detention (Article 22):

 Limits on detention period without Advisory Board's report.

 Rights of persons detained, including being informed of grounds and the right to make a
representation.

Right Against Exploitation (Articles 23 and 24):

 Article 23: Prohibition of traffic in human beings, begar, and forced labor.

 Article 24: Prohibition of employment of children below 14 in factories or mines.

Article 32: Right to Constitutional Remedies

 Guarantees the right to move the Supreme Court for the enforcement of fundamental
rights.

 Remedial and not substantive in nature.

 Supreme Court can issue writs like habeas corpus, mandamus, prohibition, quo
warranto, and certiorari.

Suspension of Article 32:

 Cannot be suspended except as provided in the Constitution during a state of

Emergency.

Remedies for Enforcement of Fundamental Rights:

Article 32 of the Constitution:

 Guarantees the right to move the Supreme Court directly for the enforcement of
fundamental rights.

 Allows individuals to bypass other remedies and directly approach the Supreme Court.

Powers of the Supreme Court:

  Supreme Court can issue directions, orders, or writs (habeas corpus, mandamus,
prohibition, quo warranto, certiorari) for the enforcement of violated rights.

 This power can be assigned to other courts by Parliament without affecting the Supreme
Court's authority.

Wide Jurisdiction of Article 32:

 Extends not only to challenging the validity of a law but also to executive orders issued
under the authority of the law.

 Supreme Court's jurisdiction is broad enough to address injustice in any form.

Protection of Fundamental Rights:

 Described as the cornerstone of the democratic edifice by the Supreme Court.

 The Court sees itself as the protector and guarantor of fundamental rights.

Right against Private Persons:

 Article 32 can be invoked against private individuals for violations of rights under
Articles 17, 23, and 24.

Writs and Remedies:

 Habeas corpus, mandamus, prohibition, quo warranto, and certiorari can be issued to
remedy violations.

 Quo warranto is used to prevent the continued exercise of unlawful authority.

Suspension of Article 32:

 The right guaranteed by Article 32 shall not be suspended except as provided in the
Constitution, such as during a state of Emergency.

Supplementary Provisions (Articles 33-35)

 Parliament can restrict or abrogate fundamental rights for armed forces, paramilitary
forces, police, etc. (Article 33).

 Indemnity for acts during martial law (Article 34).

  Parliament alone empowered to restrict fundamental rights where expressly provided
(Article 35).

Amendability of Fundamental Rights

Amendments to the Constitution, including fundamental rights, are possible through Article
368. - Golak Nath's case initially held that fundamental rights are unamendable but later
reversed. - Parliament's power to amend is subject to the basic structure doctrine.

Basic Structure Doctrine

Limits Parliament's power to amend the Constitution - Parliament cannot alter the basic
structure or framework of the Constitution.

Directive Principles of State Policy

Part IV of the Constitution (Articles 36-51) contains non-justifiable guidelines for the
government. - Not enforceable by courts but fundamental in governance.

The Directive Principles of State Policy are a set of guidelines provided in Part IV of the Indian
Constitution (Articles 36 to 51). These principles are not enforceable by any court but are
considered fundamental in the governance of the country. It is the duty of the state to apply
these principles while making laws.

The key features of Directive Principles are:

 Not Enforceable in Courts: Unlike Fundamental Rights, Directive Principles are not
enforceable in courts, and they do not create justifiable rights for individuals.

 Implementation through Legislation: Directives need to be implemented through

legislation. Until there is a law carrying out the policy outlined in a Directive, neither the
state nor individuals can violate existing laws.

 No Justiciable Rights: Directives do not confer justifiable rights, and courts cannot
declare any law void on the grounds that it contravenes Directive Principles.

 No Override of Fundamental Rights: In case of conflict between a Fundamental Right

and a Directive Principle, Fundamental Rights prevail.
  No Compulsion on Government: Courts cannot compel the government to carry out
Directives or make laws for their implementation.

 Subject to Constitutional Limitations: While it is the state's duty to implement

Directives, it must do so within the limitations imposed by the Constitution on the
exercise of legislative and executive power.

Conflict between Fundamental Rights and Directive Principles

The Supreme Court, in State of Madras v. Champakram Dorairajan, stated that Directive
Principles must conform to and run subsidiary to Fundamental Rights. In case of a conflict,
Fundamental Rights take precedence.

Important Directive Principles

Some significant Directive Principles include:

 Promotion of welfare and social order (Article 38).

 Minimization of inequalities in income and opportunities (Article 39).

 Right to an adequate means of livelihood, ownership and control of resources, and

equal pay for equal work (Article 39).

 Village Panchayats and self-government (Article 40).

 Right to work, education, and public assistance (Article 41).

 Just and humane conditions of work, maternity relief, and living wage (Articles 42 and
43).

 Uniform civil code for all citizens (Article 44).

 Free and compulsory education for children up to fourteen years (Article 45).

 Promotion of interests of Scheduled Castes, Scheduled Tribes, and weaker sections

(Article 46).

 Prohibition of intoxicating drinks and drugs (Article 47).

 Protection of the environment, forests, and wildlife (Article 48A).

 Promotion of peace, security, and settlement of international disputes (Article 51).

Fundamental Duties
Article 51A, inserted by the 42nd Amendment, outlines Fundamental Duties for Indian citizens,
providing a guide for the interpretation of constitutional and legal issues.

Ordinance Making Powers

President's Powers
Article 123 grants the President the power to promulgate ordinances when Parliament
is not in session. The ordinance has temporary duration and requires parliamentary
approval.

Governor's Powers
Article 213 grants similar powers to Governors for the states. The Governor can issue
ordinances under certain circumstances, and they need approval from the state
legislature.

Legislative Powers of the Union and States:

Territorial Distribution
 Parliament has the power to make laws for the entire territory of India or any part
thereof.

 State legislatures have the power to make laws for the whole or any part of the
territory of the respective states.

 Union Territories are administered directly by the Central Executive, and Parliament has
plenary powers to legislate for Union Territories.

Distribution of Subject Matter of Legislation

 The Constitution categorizes legislative subjects into three lists: Union List, State List,
and Concurrent List.

 Union List includes subjects of national importance, State List includes local or regional
subjects, and Concurrent List includes subjects needing both national and local
attention.
  Tax subjects are enumerated in the Union List and State List, but not in the Concurrent
List.

Legislative Powers of the Union and States

 Parliament has exclusive power to legislate on Union List subjects.

 State legislatures have exclusive power to legislate on State List subjects.

 Both Parliament and State legislatures can legislate on Concurrent List subjects, but in
case of conflict, the central law prevails.

 Parliament has residuary legislative power for matters not covered in any list.

Power of Parliament to Make Laws on State List

Parliament can legislate on State List subjects under certain circumstances:

 In the national interest (Article 249).

 During a proclamation of emergency (Article 250).

 On the request of two or more states (Article 252).

 Legislation for enforcing international agreements (Article 253).

 During a breakdown of constitutional machinery in a state (Article 356 and 357).

Exceptions to State Legislative Powers:

 In certain situations, Parliament can legislate on State List subjects, but these situations
are limited and subject to specific conditions and timeframes.

 The exceptions mentioned highlight that while the general rule is the distribution of
legislative powers between the Union and the States, there are specific circumstances
where the central government can intervene in state matters.

 These exceptions are designed to address national interests, emergencies, requests

from states, and international agreements.

Interpretation of Legislative Lists

Plenary Powers:
  Legislative powers granted without limitations should be given the widest scope
possible.

General words in an entry should be interpreted to extend to all ancillary or subsidiary

matters reasonably included.

Harmonious Construction:

 Different entries in various lists should be interpreted to avoid conflicts.

 The Constitution aims to prevent conflicts and not render any entry nugatory.

Pith and Substance Rule:

 If a law falls within an item where the legislature has the authority, it is valid even if it
incidentally touches another subject.

 Courts consider the overall nature and character of the law to determine its true
essence.

Colourable Legislation:

 Legislation with the color of constitutionality but aimed at achieving something the
legislature could not do is invalid.

 The motive of the legislature is irrelevant; the focus is on the actual effect and purpose
of the law.

Freedom of Trade, Commerce, and Intercourse:

 Part XIII of the Constitution deals with freedom of trade, commerce, and intercourse
throughout India.

 Guarantees freedom of trade, commerce, and intercourse, subject to other provisions

in Part XIII.

 Aims to prevent the breakup of economic unity within India.

Scope of Trade, Commerce, and Intercourse:

 The scope includes a wide range of activities, such as broadcasting, communication,

and non-commercial movement.

 Laws affecting these activities are subject to Article 301.

Exceptions (Articles 302-307):

 Parliament can impose restrictions in the public interest.

 Parliament cannot give preference or discriminate between states, except in scarcity

situations.

 State legislatures can impose restrictions in the public interest and tax goods from
other states.

Saving of Existing Laws and State Monopoly:

 Existing laws at the Constitution's commencement are not affected.

 Laws creating state monopoly in trade are valid despite restricting freedom.

Constitutional Provisions Relating to State Monopoly:

Creation of Monopoly Rights:

 Monopoly rights can be justified under certain circumstances.

 Article 19(6)(ii) protects essential provisions creating state monopoly.

The Judiciary
Consist of the Supreme Court, High Courts, and subordinate courts, civil courts, criminal courts,
special tribunals.

Writ Jurisdiction of High Courts and Supreme Court

 Article 226 grants High Courts the power to issue writs for the enforcement of
Fundamental Rights and other purposes.

 Article 32 grants the Supreme Court similar powers for the enforcement of Fundamental
Rights.

 High Courts have wider jurisdiction but limited to their territorial boundaries, while the
Supreme Court can issue writs across India.

Concurrent Jurisdiction:
  Both High Courts and the Supreme Court have concurrent jurisdiction to issue writs.

Fundamental Rights Enforcement:

The Supreme Court plays a special role as the protector and guarantor of Fundamental Rights
under Article 32.

Public Duty and Enforcement:

 High Courts can enforce rights other than Fundamental Rights if there is a public duty.

Types of Writs:
Habeas Corpus:

 Purpose: To protect personal liberty.

 Meaning: "To have the body."

 Process: Issued when a person is confined without legal justification.

 Applicability: Articles 32 and 226 of the Constitution.

Example: X detained wrongfully by Y; X's family can file a writ of habeas corpus.

Mandamus:

 Meaning: "We command."

 Purpose: Commands a person, corporation, or authority to perform a specific duty.

 Applicability: Articles 226 and 32; not against the President, Governor, or private
individuals.

Prohibition

 Purpose: Prevents an inferior court from usurping jurisdiction.

 Applicability: Against judicial or quasi-judicial authorities.

 Use: When a tribunal acts without jurisdiction or violates rules or laws.

Example: High Court directing correction of a PAN card.

Certiorari

 Purpose: Removes proceedings to quash decisions beyond jurisdiction.

 Jurisdiction: High Courts can issue it throughout their territorial jurisdiction; Supreme
Court under Article 32.

 Timing: Available after authority exercises its powers.

Quo Warranto

 Purpose: Inquires into the legality of a person's claim to an office or franchise.

 Conditions: Office must be public, created by statute or the Constitution.

 Example: Writ against illegal appointments in public office.

Delegated Legislation:
Classification:

 Executive Legislation

 Judicial Legislation

 Municipal Legislation

 Autonomous Legislation

 Colonial Legislation

Principles:

 Must act within delegated powers.

 Implied powers can be exercised.

 Publication required; no specific form.

  Conditional legislation defined.

Recent Amendments:
 102nd Amendment (2018):

 Established National Commission for Backward Classes.

 103rd Amendment (2019):

 Provided for economically weaker sections' reservation.

 104th Amendment (2020):

 Extended reservation for SCs and STs in the legislature.

Separation of Powers:
 Three categories: Legislative, Executive, Judicial.

 India's approach: Not absolute separation; functions differentiated.

 Article 50: Separation of judiciary from the executive.

Legislative Functions:
Bill:

 Draft statute passed by both Houses and assented to by the President.

 Types: Government Bills, Private Members’ Bills, Original Bills, Amending Bills, etc.

 Procedure: Ordinary Bills, Money Bills, Financial Bills, Constitution Amendment Bills.

 Joint Sittings: Possible if disagreement persists.

Types of Bills and their Specific Features:

 Government Bills and Private Members’ Bills:

 Government Bills initiated by a Minister.

 Private Members’ Bills initiated by a non-Minister.

 Content-wise Classification:

 Original Bills: Introduce new proposals, ideas, or policies.

 Amending Bills: Modify existing Acts.

 Consolidating Bills: Consolidate existing laws/enactments on a particular subject.

 Expiring Laws (Continuance) Bills: Extend Acts that would otherwise expire.

 Repealing and Amending Bill: Cleanse the Statute Book.

 Validating Acts: Give validity to certain actions.

 Bills to replace Ordinances.

 Money and Financial Bills.

 Constitution Amendment Bills.

 Procedural Classification:

 Ordinary Bills

 Money Bills and Financial Bills

 Ordinance Replacing Bills

 Constitution Amendment Bills

 Financial Bills:

 Category A: Deals with specified matters in Article 110.

 Category B: Involves expenditure from the Consolidated Fund of India.

 Category A can only be introduced in Lok Sabha on the President's

recommendation.

 Constitution Amendment Bills:

 Three types based on majority requirements.

 Latest amendment: 104th Amendment (in force on 21-01-2021).

 Joint Sittings:
  Permitted under Article 108 in certain scenarios.

 Not applicable to Money Bills or Constitution Amendment Bills.

 Effect of Dissolution:

 Bills, except those in Rajya Sabha and pending, lapse after Lok Sabha dissolution.

How a Bill becomes an Act:

 First Reading:

 Introduction in either House by a Minister (Government Bill) or a Private

Member.

 Leave is requested, and if granted, the Bill is introduced.

 Publication in Gazette:

 After introduction, the Bill is published in the Official Gazette.

 Reference to Standing Committee:

 The Bill can be referred to the Standing Committee for examination.

 Second Reading:

 General discussion on the principle and clause-by-clause consideration.

 Third Reading:

 Final stage for arguments either in support or rejection.

 Consideration in the Other House:

 Sent to the other House for concurrence.

 Joint Sitting:

 If needed to resolve disagreements.

 Assent of the President:

 Obtained by the Secretariat of the House last in possession of the Bill.

PARLIAMENTARY COMMITTEES:
 Role and Need:

 Acts as a link between Parliament, Executive, and the public.

 Necessary due to limited time and heavy legislative workload.

 Types of Committees:

Ad hoc Committees:
 For specific purposes and dissolve after completing the task.

 Permanent committees in each House, like Business Advisory Committee, Committee on

Petitions, etc.

Other Committees:
 Committees on Subordinate Legislation, Government Assurances, Estimates, Public
Accounts, Public Undertakings, and Departmentally Related Standing Committees
(DRSCs).

 Function and Rationale:

 Aid Parliament in effective discharge of duties.

 Provide expertise, scrutinize matters thoroughly, and involve the public.

Watchdog Committees:

 Committees on Subordinate Legislation, Government Assurances, Estimates,

Public Accounts, and Public Undertakings, and DRSCs act as watchdogs over the
executive.

These legislative functions and parliamentary committees are integral to the functioning of the
Indian Parliament, ensuring thorough scrutiny, expert analysis, and public participation in the
legislative process.