UNIT – 1

HISTORY OF MAKING OF THE INDIAN CONSTITUTION

Constitution Of India : Constitution is the foundational law of a country it lays down the
framework and principal functions of various Organs of the government as well as the
modalities of interaction between the government and its citizens.

I) In General-

The Constitution is the supreme law of the land. All other laws have to conform to the
Constitution. The constitution contains laws concerning the government and its relations with
the people.

A constitution is concerned with 2 main aspects:-

a) The relation between the different levels of government and

b) Between the government and the citizens.

II) Technical Definitions-

A constitution is a set of fundamental principles or established precedents according to which

a state or other organization is governed. These rules together make up, i.e. constitute, what the
entity is. When these principles are written down into a single collection or set of legal
documents, those documents may be said to comprise a written constitution.

or

The document containing laws and rules which determine and describe the form of the
government, the relationship between the citizens and the government, is called a Constitution.

An observation-

“The Constitution is not an instrument for the government to restrain the people, it is an
instrument for the people to restrain the government.” --Patrick Henry

In General-

I. We need a constitution to govern a country properly.

II. The constitution defines the nature of political system of a country.

III. Sometimes we feel strongly about an issue that might go against our larger interests and
the constitution helps us guard against this.

IV. All the 3 organs of government (executive, legislature and judiciary) functions within
the constitution. All the 3 organs of government, including ordinary citizens, derive their power
and authority (i.e. Fundamental Right) from the constitution. If they act against it, it is
unconstitutional and unlawful.

So constitution is required to have authoritative allocation of power and function, and also to
restrict them within its limit.

To perform following Functions we need Constitution-

I. The first function of a constitution is to provide a set of basic rules that allow for
minimal coordination amongst members of a society.

II. The second function of a constitution is to specify who has the power to make decisions
in a society. It decides how the government will be constituted.

III. The third function of a constitution is to set some limits on what a government can
impose on its citizens. These limits are fundamental in the sense that government may ever
trespass them.

IV. The fourth function of a constitution is to enable the government to fulfill the
separations of a society and create conditions for a just society.

History :
Some rules that are made by the legislatures (also known as Lok sabha/Rajya Sabha in India),
for there own country, are called “Law”.

We need Laws in Society so our society can regulate and work properly. They are designed to
protect us and our property and to ensure that everyone in society behaves the way that the
community expects them too.

Laws tell us what to expect as a consequence of our actions. Laws have been the glue that has
kept society together. Without laws there would be complete anarchy.

Almost everything we do is governed by some set of rules. There are rules for games (like-
soccer), for social clubs and for adults in the workplace. There are also rules imposed by
morality and custom that play an important role in telling us what we should and should not
do.

For example- In the game of soccer, a referee has "full authority to enforce theRules or Law of
the Game on the Players”, when a player do something against the Rules referee takes action
like send-off a player .

Introduction :
The framing of the Constitution was completed on November 26, 1949 when the Constituent
Assembly formally adopted the new Constitution. The Constitution came into force with effect
from January 26, 1950.
The Constitution contains the fundamental law of the land. It is the source of all powers of, and
limitations on, the three organs of State, viz. the executive, legislature and judiciary. No action
of the state would be valid unless it is permissible under the Constitution. Therefore, it is
imperative to have a clear understanding of the nature and working of the Constitution.

PREAMBLE OF INDIAN CONSTITUTION

The term „Preamble‟ means the introduction to a statute. It is the

introductory of part of the constitution. The preamble to the Indian
Constitution records the aims and aspirations of the people of India which
have been translated into the various provisions of the Constitution.

History of the Preamble

The preamble to Indian Constitution is based on “Objective Resolution” of

Jawaharlal Nehru, introduced on December 13, 1947 and adopted by the
Constituent Assembly on22 January 1947. It is interesting to note that the
preamble was adopted by the Constituent Assembly after the Draft
Constitution had been approved. The American Constitution was the first to
begin with a Preamble. Other countries, including India, followed this
practice later.
The Text of the Indian Preamble

The Preamble, in brief, explains the objectives of the Constitution in two

ways: one, about the structure of the governance and the other, about the
ideals to be achieved in independent India. It is because of this, the Preamble
is considered to be the key of the Constitution. The objectives, which are laid
down in the Preamble, are:

i) Description of Indian State as Sovereign, Socialist,

Secular, Democratic Republic. (Socialist, Secular added
by 42nd Amendment, 1976).
ii) Provision to all the citizens of India i.e.,
a) Justice social, economic and political
b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity has to assure two thing; 1) Dignity of the
individual and 2) Unity and Integrity of the nation.
Let us see what these objectives mean and how have these been reflected in
the Constitution?
Sovereignty

Sovereignty is one of the foremost elements of any independent State. It

means absolute independence, i.e., a government which is not controlled by
any other power : internal or external. A country cannot have its own
constitution without being sovereign. India is a sovereign country. It is free
from external control. It can frame its policies. India is free to formulate its
own foreign policy.

Socialist

The word socialist was not there in the Preamble of the Constitution in its
original form. In 1976, the 42nd Amendment to the Constitution incorporated
„Socialist‟ and „Secular‟, in the Preamble. The word „Socialism‟ had been
used in the context of economic planning. It signifies major role in the
economy. It also means commitment to attain ideals like removal of
inequalities, provision of minimum basic necessities to all, equal pay for
equal work. When you read about the Directive Principles of the State
Policy, you will see how these ideals have been incorporated as well as
partly, implemented in theConstitution.

Secularism

In the context of secularism in India, it is said that „India is neither religious,

nor irreligious nor anti-religious.‟ Now what does this imply? It implies that
in India there will be no „State‟ religion – the „State‟ will not support any
particular religion out of public fund. This has two implications, a) every
individual is free to believe in, and practice, any religion he/ she belongs to,
and, b) State will not discriminate against any individual or group on the
basis of religion.

Democratic
The term Democratic indicates that the Constitution has established a form of government
which gets its authority from the will of the people expressed in an election. The Preamble
resolves India to be a democratic country. That means, the supreme power lies with the
people. In the Preamble, the term democracy is used for political, economic and social
democracy. The Sovereignty

Sovereignty is one of the foremost elements of any independent State. It

means absolute independence, i.e., a government which is not controlled by
any other power : internal or external. A country cannot have its own
constitution without being sovereign. India is a sovereign country. It is free
from external control. It can frame its policies. India is free to formulate its
own foreignpolicy.

Socialist

The word socialist was not there in the Preamble of the Constitution in its
original form. In 1976, the 42nd Amendment to the Constitution incorporated
„Socialist‟ and „Secular‟, in the Preamble. The word „Socialism‟ had been
used in the context of economic planning. It signifies major role in the
economy. It also means commitment to attain ideals like removal of
inequalities, provision of minimum basic necessities to all, equal pay for
equal work. When you read about the Directive Principles of the State
Policy, you will see how these ideals have been incorporated as well as
partly, implemented in the Constitution.

Secularism

In the context of secularism in India, it is said that „India is neither religious,

nor irreligious nor anti-religious.‟ Now what does this imply? It implies that
in India there will be no „State‟ religion – the „State‟ will not support any
particular religion out of public fund. This has two implications, a) every
individual is free to believe in, and practice, any religion he/ she belongs to,
and, b) State will not discriminate against any individual or group on the
basis of religion.

Democratic

The term Democratic indicates that the Constitution has established a form
of government which gets its authority from the will of the people expressed
in an election. The Preamble resolves India to be a democratic country. That
means, the supreme power lies with the people. In the Preamble, the term
democracy is used for political, economic and social democracy. The
responsible representative government, universal adult franchise, one vote
one value, independent judiciary etc. are the features of Indian democracy.

Republic

In a Republic, the head of the state is elected by the people directly or

indirectly. In India, the President is the head of the state. The President of
India is elected indirectly by the people; that means, through their
representatives in the Parliament and the State Assemblies.

Evolution of Indian Constitution:

ConstitutionalDevelopmentofIndiaisadetailedanalysisofhowtheConstitutionofIndia
hasevolvedfrom the past to the current. The Development of Indian Constitution
starting from Regulating Act of 1773 till the time when the Constitution of India
came into effect in1950.

The origin and growth of the Indian Constitution have its roots in Indian history
during the British period. From 1773 onwards, various Acts were passed by the
British Government for the governance of India.

British came to India in 1600as traders in the form of East India company, which
had the exclusive right of trading in India under a charter granted by QUEEN
ELIZBETH I.
In 1765,the company which till know had purely trading functions obtained the
Diwani of Bengal , Bihar and Orissa.
In1858,inthewakeofthesepoymutinythebritishcrownassumeddirectresponsibilityfort
hegovernance of india.
This rule continued until India was granted independence on August 15 ,1947.

The period of historical British Constitutional experiments in India can be divided into
two phases:
Phase 1- Constitutional experiment during the rule of the East India Company (1773-
1857)
Phase 2 – Constitutional experiments under the
British Crown (1857-1947) Constitutional
Development – East India Company Rule (1773 –
1857)
From 1757 to 1857, 5 major laws were created to regulate the functioning of British
East India Company and to help them rule over India. The details of these 5 Acts
are mentioned below.

Regulating Act of 1773

• The process of Centralization in India was initiated through the Regulating Act of1773.
• This is the first Act passed by the British Parliament to control and regulate the affairs of the East
India Company inIndia.
• As per this Act, the Governor of Bengal was made theGovernor-General.
• Warren Hastings was the first Governor-General ofIndia.
• This Act made Governors of Bombay and Madras subordinate to the Governor ofBengal.
• The Governor-General was given the power to make rules andregulations.
• The Governor-General was assisted by a Council of 4members.
• The number of Directors in the Company was fixed at4.
• The Governor-General had to follow the orders of the Directors of theCompany.
• Revenue of the company should be reported by The Court of Directors, who were the governing
body of the company
• ASupremeCourtwasestablishedatCalcuttain1774,aspertheprovisionsofRegulatingAct1773.
• The Supreme Court had a Chief Justice and 3 Assistant Judges.
Pitts India Act of 1784

• In the Constitutional history of India, this Act brought in many significant changes.
• AsperthisActof1784,theterritoriesofEastIndiaCompanywascalledasthe“BritishPossessions in India”
• AsperthisAct,ajointGovernmentofBritishIndiarunbytheCrownandCompanywasestablished. The
government had the ultimate power and authority.
• A Court of Directors was formed for Commercial Operations and 6 member Board of Control were
appointed for Political affairs as per provisions of Pitts India Act1784.
• Governor General’s Council was reduced from 4 members to 3members.
• Governors Councils were established in Bombay and Madras.

Charter Act of 1813

• It brought an end to the monopoly of East India Company, over trade with India.
• Trade with India was opened for all British Citizens with the exception of Tea Trade.

Charter Act of 1833

• Governor-General of Bengal became the Governor-General of India.

• Lord William Bentick was the 1st Governor-General of India.
• East India Company ended as a mere administrative body, it was no longer a commercial body.
• The Governor-General was given full control over revenue, civil and military.
• CharterActof1833wasthefinalstepintheProcessofCentralizationinIndia,aprocessthatbegan with the
Regulating Act of1773.
Charter Act of 1853

• CivilServiceExaminationwasintroduced.Itwasacompetitiveexaminationforrecruitmentintothe civil
services.
• Executive and Legislative functions of the Governor-General were separated.
 This Act provided for the addition of 6 new members to the Legislative Council, 4 members were
appointed by Provisional Governments of Bengal, Bombay, Madras andAgra.
AsperprovisionsofCharterActof1853GovernorGeneral’sLegislativeCouncilcametobeknown as the
Central Legislative Council.
The Central Legislative Council started functioning as a Mini-Parliament. It adopted the same
procedures of the British Parliament.

II. Constitutional Development – Rule under the British Crown(1857-1947)

This begins the 2nd phase of the Constitutional development under the British Crown.

Government of India Act of 1858

• Government of India Act of 1858 passed by British Parliament, brought an end to the rule of East
India Company. The powers were transferred to the British Crown.
• The Secretary of State for India was given the powers and duties of the former Court of Directors.
He Controlled the Indian Administration through the Viceroy of India.
• TheSecretaryofStateforIndiawasassistedbytheCouncilofIndia.ThisCouncilhad15members. The
Council was an advisory body.
• Governor-General of India was made the Viceroy of India.
• Lord Canning was the 1st Viceroy of India.
Indian Council Act of 1861

• Indians were nominated as non-official members for the 1st time in the Legislative Council of
Viceroy.
• Legislative Councils were established in Provinces and Centre.
• Legislative powers of the Provinces of Bombay and Madras were are stored.
• Legislative Councils were started in the Provinces of Punjab, NWFP, Bengal.

Indian Council Act of 1892

• The size of the Legislative Council was increased.

• The Legislative Council was given more power, they had the power to deliberate on the Budget and
could pose questions to the Executive.
• Indirect elections were introduced for the 1sttime.
• ThePrincipalofRepresentationwasintroducedasperprovisionsgivenintheIndianCouncilActof 1892.

Indian Councils Act, 1909 – Morley Minto Reforms

• Indian Councils Act of 1909 is commonly known as Morley Minto Reforms.

• For the 1st time, Direct elections were introduced for the Legislative Councils.
• The Central Legislative Council was renamed as the Imperial Legislative Council.
• TheCommunalrepresentationsystemwasintroducedbygivingseparateelectorate.Itwasasystem where
seats were reserved only for Muslims and only Muslims would be polled.
• Forthefirsttime,IndianswereappointedtotheExecutiveCouncilofViceroy.SatyendraSinhawas the law
member.
 Government of India Act, 1919 – Montagu Chelmsford Reforms

• Government of India Act, 1919 was also known as the Montagu Chelmsford reforms.
• Bicameralism was introduced for the 1sttime.
• Provincial and Central Subjects were separated.
• Dyarchy, a scheme of Dual Governance was introduced in the Provincial Subjects, it was divided
into Reserved and Transferred. The transferred list included agriculture, health, education, and
supervisionofthelocalgovernment.TheTransferredlistwasgiventotheGovernmentofMinisters
answerable to Provincial Council. The reserved list included communications, foreign affairs,
defence; this transferred list was under the control of Viceroy.
• Out of 6 members in Viceroy’s Executive Council, 3 of them were Indians.
• TheActprovidedprovisionsfortheestablishmentofthePublicServiceCommissioninIndiaforthe first
time.
• Communal Representation extended to Christians, Anglo-Indians, Sikhs.
• Thefranchisewasgiventoalimitedpopulationwhichwasbasedonpeoplewhohadtaxableincome, had
property and paid land revenue of Rs3000.
• Montagu Chelmsford Reforms made provision for setting up a statutory commission at the end of
10 years to look into the working of the Government.
Government of India Act 1935

• This was the longest and last constitutional measure introduced by British India. It was the result of
multiple round table conferences and a report by the Simon Commission.
• Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras, Assam, Bihar, United
Provinces) out of 11provinces.
• The Legislature in the provinces were enlarged.
• As per the Act, the powers were divided into Federal List, Provincial List and Concurrent List.
• Provincial autonomy was introduced in the Provinces by abolishing the Dyarchy.
• There was provision for the adoption of Dyarchy at the Centre.
• Provided provisions for establishing Federal Court, Reserve Bank of India(RBI).
• There was provision for the establishment of All India Federation consisting of Provinces and the
Princely States as units.
• Due to the length of Government of India Act 1935, it was divided into 2 separate Acts.
Cripps Mission – 1942

In1942CrippsMissionwassenttoIndiaundertheleadershipofSirStaffordCripps.Someoftheproposals given by
the Cripps Mission are given below.

• Dominion status would be given to India, after the 2nd World War.
• Once the Second World War ends, an elected body would be set up in India for framing of Indian
Constitution.
• The even the Indian States would participate in the Constitution-making body.
• Almost all the Parties and sections in India rejected the proposals given by the Cripps Mission.
Cabinet Mission – 1946
 Some of the main proposals of the Cabinet Mission plan was

The Indian States and British Provinces would combine to form Union of India
A Constituent Assembly would be established consisting of 389members.
14 members from Major political parties would form an interim government
A representative body would be formed named as the Constituent Assembly.
UntiltheConstitutionwasframed,theConstituentAssemblywouldactastheDominionLegislature.
Until the Constitution was framed, India would be administered as per the Government of India Act,
1935.

Mountbatten Plan – Indian Independence Act – 1947

British India was partitioned into India and Pakistan with effect from 15th August 1947.
Conferred complete legislative authority to the Constituent Assembly.
Established Governments in both Provinces and States.

Constitutionalism

What is Constitutionalism?

The concept of constitutionalism is a mechanism that provides legitimacy to a democratic government. It

cannot and should not be confused with the legality of the acts of the officials in a government setup.
Constitutionalism is far more important than having a written Constitution. With some exceptions most of
the countries have Constitutions but it in no way means that they practice constitutionalism. Some of the
basicprinciplesdevelopedovertimethatembodytheconceptofconstitutionalismareseparationofpowers,
judicial control and accountable government.
In India, constitutionalism is considered to be a natural corollary to the fundamental governance of the
country.
TheConstitutionofIndiawiththeaidofvariouslegislationshasdevelopedadetailedandrobustmechanism to put
into place administrative mechanisms for the smooth functioning of the machinery of governance.
However, due to a variety of factors, the distance between the government and the governed has been
growing with every passing year. The rich are getting richer and the poor have resigned to their fates, areas
which were backward sixty years ago remain as such.

TheconceptofconstitutionalismhasbeenrecognisedbytheSupremeCourtinRameshwarPrasadv.Union of
India. The Court stated, “The constitutionalism or constitutional system of Government abhors absolutism
– it is premised on the Rule of Law in which subjective satisfaction is substituted by objectivity provided
by the provisions of the Constitution itself.”

Principles of Constitutionalism

Separation of Powers

Separation of powers divides the mechanism of governance into three branches i.e., Legislature, Executive
and the Judiciary. This not only prevents the monopolization of power, but also creates a system of checks
 and balances. As this division of powers is in the Constitution itself, this becomes an effective tool for
ensuring Constitutionalism.
Responsible and Accountable Government

Inademocraticsetup,thegovernmentiselectedsothatitcanservethepeoplewhohelpelectit.Itisinthis
sensethattheelectorshavearighttodemandaccountabilityandanswersfromtheirgovernment.Therefore, when
the government fails the expectations of the electorate, the authorization to govern is revoked by voting
them out.
Popular Sovereignty

The concept of popular sovereignty lays down that the government derives its legitimacy from the people.
No corporate body, no individual may exercise any authority that does not expressly emanate from it. Even
though there is a certain sovereign entity that is empowered to govern, ultimate sovereignty resides in the
nation. The power of such a sovereign entity emanates from the public.

Rule of Law

• Thepresenceofruleoflawmeansthatthegovernmentdoesnotbelongtomenbuttothelaws.Dicey lays
down three essential components of Rule of Law:
• Nobody is to be punished except for a specific breach of law that is established in an ordinary legal
manner before ordinary courts of law.
• No one is above the law.
• Courts play a vital role in protecting the rights and freedoms of an individual.

Independent Judiciary

The independence of the Judiciary is the essence of any liberal democracy and the foundation of a free
society.TheJudiciaryistheupholderofRuleoflawandifitsindependenceistakenaway,itputstheentire rule of law
in jeopardy. The Constitution also envisages the separation of the judiciary from the Executive under
Article50.
Individual Rights

Therightsoftheindividualshallbeatthehighestpedestalforconstitutionalismtothrive.Theconstitutional setup in
India gives these rights the importance that they deserve by engraving them in Part III of the Constitution.
These individual rights have not only been protected by the courts but have also been interpreted in a manner
where their effect and implementation has broadened. The enforcement of these rights is ensured by the
Constitutional Courts i.e. the Supreme Court and the High Courts.

Civilian control of the military

Apartfromthesefeatures,constitutionalismenvisagesthatthecontrolofthemilitaryshouldbeinthehands
ofaciviliangovernmentsothatthemilitarydoesnotinterfereinthedemocraticdecisionmakingorattempt a
military coup.
Police Accountability

Constitutionalism also envisages that police while performing its duties shall uphold the rights, freedoms
anddignityoftheindividuals,thesamecanbeensuredbybringingthepoliceunderthecontroloflawsand courts.
Conclusion

The concept of constitutionalism has existed and thrives in all functioning democracies. However, over the
years the Governments have learned to use government apparatus for their own benefits instead of
benefitting the citizens. The government by giving backdoor entries to corporate interests inpolicy-making
has vitiated the policymaking process whose primary aim is the welfare of the larger population. The very
document that was adopted to ensure the rights of individuals is being used to suppress and disenfranchise
them. The problem is that the Constitution cannot interpret itself and has to be interpreted by the men who
hold power. The institutions that were the bulwark of Constitutionalism are either crumbling or have been
effectively rendered weak and incapable. Checks and balances have been diluted to a point where their
importance is merely academic. The criminalisation and influence of money power into the corridors of
politicsandgovernancehaveworsenedanalreadyvolatilesystem.Thefrustrationsthatarebuildingupdue to the
apathy of the government in utter disregard of constitutionalism are extremely dangerous and this slide
needs to be stopped.

Morley-Minto Reforms 1909

The Indian Councils Act 1909 was an act of the British Parliament that introduced a few reforms in the
legislativecouncilsandincreasedtheinvolvementofIndians(limited)inthegovernanceofBritishIndia.It was
more commonly called the Morley-Minto Reforms after the Secretary of State for India John Morley and
the Viceroy of India, the 4th Earl ofMinto.

Background of Morley-Minto Reforms

Despite Queen Victoria’s proclamation that Indian’s would be treated equally, very few Indiansgot
such an opportunity as the British authorities were hesitant to accept them as equalpartners.
Lord Curzon had carried out the partition of Bengal in 1905. This lead to a massive uprising in
Bengal as a result. Following this, the British authorities understood the need for some reforms in
the governance of Indians.
The Indian National Congress (INC) was also agitating for more reforms and self-governance of
Indians. The earlier Congress leaders were moderates, but now extremist leaders were on the rise
who believed in more aggressive methods.
INC demanded home rule for the first time in1906.
Gopal Krishna Gokhale met Morley in England to emphasise the need for reforms.
Shimla Deputation: A group of elite Muslims led by Aga Khan met Lord Minto in 1906 and placed
their demand for a separate electorate for the Muslims.
John Morley was a member of the Liberal government, and he wanted to make positive changes in
India’s governance.
Major provisions of the Morley-Minto reforms

The legislative councils at the Centre and the provinces increased in size.
Central Legislative Council – from 16 to 60 members
 ✓ Legislative Councils of Bengal, Madras, Bombay and United Provinces – 50 members each
✓ Legislative Councils of Punjab, Burma and Assam – 30 members each
✓ The legislative councils at the Centre and the provinces were to have four categories of members as
follows:
✓ Ex officio members: Governor-General and members of the executive council.
✓ Nominated official members: Government officials who were nominated by the Governor-General.
✓ Nominated non-official members: nominated by the Governor-General but were not government
officials.
✓ Elected members: elected by different categories of Indians.
✓ The elected members were elected indirectly. The local bodies elected an electoral college who
wouldelectmembersoftheprovinciallegislativecouncils.Thesememberswould,inturn,electthe
members of the Central legislative council.
✓ Theelectedmemberswerefromthelocalbodies,thechambersofcommerce,landlords,universities,
traders’ communities and Muslims.
✓ In the provincial councils, non-official members were in the majority. However, since some of the
non-official members were nominated, in total, a non-elected majority was there.
✓ Indians were given membership to the Imperial Legislative Council for the first time.
✓ ItintroducedseparateelectoratesfortheMuslims.SomeconstituencieswereearmarkedforMuslims and
only Muslims could vote their representatives.
✓ The members could discuss the budget and move resolutions. They could also discuss matters of
public interest.
✓ They could also ask supplementary questions.
✓ No discussions on foreign policy or on relations with the princely states were permitted.
✓ LordMintoappointed(onmuchpersuasionbyMorley)SatyendraPSinhaasthefirstIndianmember of the
Viceroy’s Executive Council.
✓ Two Indians were nominated to the Council of the Secretary of State for Indian affairs.

Assessment of the Morley-Minto reforms

TheActintroducedcommunalrepresentationinIndianpolitics.Thiswasintendedtostemthegrowingtide of
nationalism in the country by dividing the people into communal lines. The culmination of this step was
seen in the partition of the country along religious lines. The effects of differential treatment of different
religious groups can be seen to thisday.

The Act did nothing to grant colonial self-government, which was Congress’s demand.
The Act did increase Indian participation in the legislative councils, especially at the provincial levels.

Government of India Act 1919

The Government of India Act 1919 was an act of the British Parliament that sought to increase the
participation of Indians in the administration of their country. The act was based on the
recommendations of a report by Edwin Montagu, the then Secretary of State for India, and Lord
Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional reforms set forth by
this act are known as Montagu- Chelmsford reforms or Montford reforms.
Principle Features of Government of India Act 1919

❖ Provincial Government
• Executive:
✓ Dyarchy was introduced, i.e., there were two classes of administrators – Executive councillors and
ministers.
✓ The Governor was the executive head of the province.
✓ The subjects were divided into two lists – reserved and transferred.
✓ The governor was in charge of the reserved list along with his executive councillors. The subjects
under this list were law and order, irrigation, finance, land revenue, etc.
✓ The ministers were in charge of subjects under the transferred list. The subjects included were
education, local government, health, excise, industry, public works, religious endowments, etc.
✓ The ministers were responsible to the people who elected them through the legislature.
✓ These ministers were nominated from among the elected members of the legislative council.
✓ The executive councillors were not responsible to the legislature, unlike the ministers.
✓ The Secretary of State and the Governor-General could interfere in matters under the reserved list
but this interference was restricted for the transferred list.
• Legislature:
✓ The size of the provincial legislative assemblies was increased. Now about 70% of the members
were elected.
✓ There were communal and class electorates.
✓ Some women could also vote.
✓ The governor’s assent was required to pass any bill. He also had veto power and could issue
ordinances also.
❖ Central government
• Executive:
✓ The chief executive authority was the Governor-General.
✓ There were two lists for administration – central and provincial.
✓ The provincial list was under the provinces while the centre took care of the central list.
✓ Out of the 6 members of the Viceroy’s executive council, 3 were to be Indian members.
✓ The governor-general could issue ordinances.
✓ He could also certify bills that were rejected by the central legislature.
• Legislature:
✓ A bicameral legislature was set up with two houses – Legislative Assembly (forerunner of the Lok
Sabha) and the Council of State (forerunner of the RajyaSabha).

Legislative Assembly (Lower House)

 Membersof the Legislative Assembly:

• The nominated members were nominated by the governor-general from Anglo-Indians and Indian
Christians.
• The members had a tenure of 3years.

Council of State (Upper House)

Only male members with a tenure of 5 years.

Members of the Council of State:

The legislators could ask questions and also vote a part of thebudget.
Only 25% of the budget was subject to vote.
Rest was non-votable.
A bill had to be passed in both houses before it became a law.
There were three measures to resolve any deadlock between both the houses – joint committees,
joint conferences and joint sittings.
Governor-General -The governor-general’s assent was required for any bill to become law even if
both houses have pass edit.
He could also enact a bill without the legislature’s consent.
Hecouldpreventabillfrombecominglawifhedeemsitasdetrimentaltothepeaceofthecountry.
He could disallow any question, adjournment motion or debate in the house.
Who couldvote?
The franchise was restricted and there was no universal adult suffrage.
VotersshouldhavepaidlandrevenueofRs.3000orhaveapropertywithrentalvalueorhavetaxable income.
They should possess previous experience in the legislative council.
They should be members of a university senate.
They should hold certain offices in the local bodies.
They should hold some specific titles.
All this narrowed the number of people who could vote to an a by small number.
Indian Council
There were to be at least 8 and a maximum of 12 members in the council.
Half of the members should have ten years of experience in public service in India.
Their tenure was to be 5 years.
Their salaries were increased from £1000 to£1200.
There were to be 3 Indian members in theCouncil.
 Government of India Act, 1919 – Other Salient Features

➢ This act provided for the first time, the establishment of a public service commission in India.
➢ The act also provided that after 10 years, a statutory commission would be set up to study the
working of the government. This resulted in the Simon Commission of1927.
➢ It also created an office of the High Commissioner for India in London.

Merits of the Government of India Act 1919

➢ Dyarchy introduced the concept of responsible government.

➢ It introduced the concept of federal structure with a unitary bias.
➢ There was the increased participation of Indians in the administration. They held some portfolios
like labour, health, etc.
➢ For the first time, elections were known to the people and it created political consciousness among
the people.
➢ Some Indian women also had the right to vote for the first time.

Limitations of the Government of India Act 1919

➢ This act extended consolidated and communal representation.

➢ The franchise was very limited. It did not extend to the common man.
➢ Thegovernor-generalandthegovernorshadalotofpowertounderminethelegislaturesatthecentre and the
provinces respectively.
➢ Allocation of the seats for the central legislature was not based on population but the ‘importance’
of the province in the eyes of the British.
➢ The Rowlatt Acts were passed in 1919 which severely restricted press and movement. Despite the
unanimousoppositionofIndianmembersofthelegislativecouncil,thosebillswerepassed.Several Indian
members resigned in protest.

Government of India Act 1935

The Government of India Act was passed by the British Parliament in August 1935. It was the longest act
enacted by the British Parliament at that time. So, it was divided into two separate acts namely, the
Government of India Act 1935 and the Government of Burma Act 1935.
ThetopiccomesunderModernIndianHistorywhichisanimportantsubjectinIASExam.Thisarticlewill provide
you with relevant facts about the Government of India Act 1935. Aspirants can also download the notes
PDF from the link provided in the article.

Government of India Act 1935

Aim An Act to make further provision for the Government of India.

Territorial Extent Territories under direct British control

 Enacted by Parliament of United Kingdom

Royal Assent 24th July 1935

Commenced 1st April 1937

Status Repealed on 26th January 1950 in India

Government of India Act, 1935 – Background

➢ There was a growing demand for constitutional reforms in India by Indianleaders.
➢ India’ssupporttoBritainintheFirstWorldWaralsoaidedinBritishacknowledgementoftheneed for the
inclusion of more Indians in the administration of their owncountry.
➢ The Act was basedon:
• Simon CommissionReport
• The recommendations of the Round TableConferences
• The White Paper published by the British government in 1933 (based on the Third Round Table
Conference)
• Report of the Joint Select Committees.
➢ Creation of an All India Federation -This federation was to consist of British India and the princely
states.
• TheprovincesinBritishIndiawouldhavetojointhefederationbutthiswasnotcompulsoryforthe
princelystates.
• This federation never materialised because of the lack of support from the required number of
princelystates.

• This Act divided powers between the centre and theprovinces.

• There were three lists which gave the subjects under eachgovernment.
• Federal List(Centre)
• Provincial List(Provinces)
• Concurrent List(Both)
• The Viceroy was vested with residualpowers.
Certain changes that were brought through the government of India Act, 1935 are :

Government of India Act, 1935 – Changes Brought by the Act

S.No Features

1. Provincial autonomy
 2. Diarchy at the centre

3. Bicameral legislature

4. Federal court

5. Indian Council

6. Franchise

7. Reorganisation

Provincial autonomy

• The Act gave more autonomy to the provinces.

• Diarchy was abolished at the provincial levels.
• The Governor was the head of the executive.
• There was a Council of Ministers to advise him. The ministers were responsible to the provincial
legislatures who controlled them. The legislature could also remove the ministers.
• However, the governors still retained special reserve powers.
• The British authorities could still suspend a provincial government.
Diarchy at the centre

• The subjects under the Federal List were divided into two: Reserved and Transferred.
• The reserved subjects were controlled by the Governor-General who administered them with the
help of three counsellors appointed by him. They were not responsible to the legislature. These
subjects included defence, ecclesiastical affairs (church-related), external affairs, press, police,
taxation, justice, power resources and tribal affairs.
• The transferred subjects were administered by the Governor-General with his Council of Ministers
(not more than 10). The Council had to act in confidence with the legislature. The subjects in this
list included local government, forests, education, health, etc.
• However, the Governor-General had ‘special powers’ to interfere in the transferred subjects also.
Bicameral legislature

• A bicameral federal legislature would be established.

• The two houses were the Federal Assembly (lower house) and the Council of States (upper house).
• The federal assembly had a term of five years.
• Both houses had representatives from the princely states also. The representatives of the princely
states were to be nominated by the rulers and not elected. The representatives of British India were
to be elected. Some were to be nominated by the Governor-General.
• There were to be separate electorates for the minority communities, women and the depressed
classes.
 BicamerallegislatureswereintroducedinsomeprovincesalsolikeBengal,Madras,Bombay,Bihar,
Assam and the United Provinces.
Federal court

A federal court was established at Delhi for the resolution of disputes between provinces and also
between the centre and the provinces.
It was to have 1 Chief Justice and not more than 6judges.
Indian Council
The Indian Council was abolished.
The Secretary of State for India would instead have a team of advisors.
Franchise
This Act introduced direct elections in India for the first time.
Reorganisation
Sindh was carved out of Bombay Presidency.
Bihar and Orissa were split.
Burma was severed off from India.
Aden was also separated from India and made into a Crown colony.
Other points
The British Parliament retained its supremacy over the Indian legislatures both provincial and
federal.
A Federal Railway Authority was set up to control Indian railways.
The act provided for the establishment of Reserve Bank ofIndia.
The Act also provided for the establishment of federal, provincial and joint Public Service
Commissions.
The Act was a milestone in the development of a responsible constitutional government inIndia.
The Government of India Act 1935 was replaced by the Constitution of India afterindependence.
The Indian leaders were not enthusiastic about the Act since despite granting provincial autonomy
the governors and the viceroy had considerable ‘specialpowers’.
Separate communal electorates were a measure through which the British wanted to ensure the
Congress Party could never rule on its own. It was also a way to keep the peopledivided.
 Constituent Assembly of India

Theideaofaconstituentassemblywasfirstproposedin1934byM.N.Roy.However,theactualconstituent assembly was

formed in 1946 on the basis of the cabinet mission plan.

Background of the Constituent Assembly of India

The following table lists the trail of the development of the constituent assembly of India:

Constituent Assembly of India – Background

In 1934, M N Roy first proposed the idea of a constituent assembly.

The demand was taken up by the Congress Party in 1935 as an official demand

The British accepted this in the August Offer of 1940

Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly

The members of this assembly were elected indirectly, i.e., by the members of the provincial assemblies
by the method of a single transferable vote of proportional representation

The constituent assembly was formed for the purpose of writing a constitution for independent India

Composition of Constituent Assembly

• The Constituent Assembly met for the first time in New Delhi on 9th December, 1946 in the
Constitution Hall which is now known as the Central Hall of Parliament
House.
As to its composition, members were chosen by indirect election by the members of the Provincial Legislative
Assemblies, according to the scheme recommended by the Cabinet Mission: -
The Constituent Assembly consisted of 389 members, of which 292 were elected by the elected
members of the provincial Legislative Assemblies while 93 members were nominated by the
Princely States. To these were to be added a representative each from the four chief Commissioners
provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan.
Each Province and each Indian state or Group of States were allotted the total number of seats
proportional to their respective population roughly in the ratio of one to a million.
Seats allocated to each British Province were to be decided among among the three principal
communities - Muslims, Sikhs and General in proportion to theirpopulation.

The Elections to the Constituent Assembly (for 296 seats allocated to the British Indian Provinces were
held in July-August 1946). The results were as :

Indian National Congress - 208Seats

Muslim League - 73Seats
Small Group and Independents - 15Seats
PrincelyStates-Electionfor93Seatswastobedonebuttheseatswerenotfilledastheydecidedto stay away
from the Constituent Assembly.
Note: The Assembly included all the important personalities of India at that time, with the exception
ofMahatma Gandhi and M.A.Jinnah.

The Constituent Assembly elected for undivided India which had met for the first time on 9th December
1946 was convened to meet on 14th August 1947 and the became the Sovereign Constituent Assembly for
the Dominion of India.

The Muslim League had joined the Interim Government but abstained from sending its representatives to
the Constituent Assembly which was an integral part of the Cabinet Plan.

Initially, the number of members was 389. After partition, some of the members went to Pakistan and the
number came down to 299. Out of this, 229 were from the British provinces and 70 were nominated from
the princely states.

Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly. Later, Dr.
Rajendra Prasad was elected as the President and its Vice President was Harendra Coomar Mookerjee. BN
Rau was the constitutional advisor.

Key Facts Related to the Constituent Assembly of India

Constituent Assembly of India – Key Facts

When did the constituent The assembly first met on 9 December 1946
assembly first meet?

Was there any role of the No, there was no role played by the Muslim League in the constituent
Muslim League in the assembly as it had boycotted this meeting citing their demand for partition
formation of the
Constitution of India

What is ‘Objective Objective Resolution enshrined the aspirations and values of the
Resolution’ concerned constitution-makers. Under this, the people of India were guaranteed social,
with the constituent economic and political justice, equality and fundamental freedoms. This
assembly of India? resolution was unanimously adopted on 22 January 1947 and the Preamble
to the Constitution is based on it.

When was Objective On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’.
Resolution moved and by
who?
 When was National Flagof The National Flag of the Union was adopted on 22 July 1947
Union adopted?

For how many days, the The time is taken by the assembly to frame the constitution: 2 years, 11
constituent assembly months and 17 days. Money spent in framing the constitution: Rs.64 lakhs
assembled to frame the
constitution?

When was Jana Gana On 24 January 1950, ‘Jana Gana Mana’ was adopted as the national anthem
Mana adopted as our
national anthem?

How many articles our The final document had 22 parts, 395 articles and 8 schedules.
final constitution has?

What was the total number The assembly had met for 11 sessions
of sessions constituent
assemblyhad?

When was the draft of the ThedraftwaspublishedinJanuary1948andthecountry’speoplewereasked for

Indian Constitution their feedback and inputs within 8months
published?

What is the date of the last The last session was held during 14 – 26 November 1949. The
session? constitution was passed and adopted by the assembly on 26 November 1949

When did the constitution The constitution came into force on 26 January 1950 (which is celebrated as
of India come into force? Republic Day)

Committees of Constituent Assembly of India with their Chairmen There

were eight committees, mentioned below:

Committees of Constituent Assembly of India

Drafting Committee Dr. B R Ambedkar

 Union Constitution Committee Jawaharlal Nehru

Union Powers Committee Jawaharlal Nehru

States Committee Jawaharlal Nehru

Steering Committee Dr. Rajendra Prasad

Rules of Procedure Committee Dr. Rajendra Prasad

Provincial Constitution Committee Sardar Vallabhbhai Patel

Advisory Committee on Fundamental Rights, Fundamental Rights Sub-Committee: AcharyaKripalani

Minorities and Tribal and Excluded Areas:
Minorities Sub-Committee: H CMookerjee

Excluded and Partially Excluded Areas (Other than those

in Assam) Sub-Committee: A V Thakkar
North-East Frontier Tribal Areas and Assam Excluded &
Partially Excluded Areas Sub-Committee: Gopinath
Bardoloi

Criticism of the Constituent Assembly

• It was not a representative body since the members were not directly elected by adult
franchise. However, the leaders did enjoy popular support from the people. Direct elections
by the universal adult franchise at that time when the country was on the brink of partition
and amidst communal riots would have beenimpractical.
• Itissaidthatthemakerstookalongtimeinframingtheconstitution.However,keepinginmindthe
complexity and the peculiarities of the diverse and large Indian nation, this can
beunderstood.
• The constituent assembly was not a sovereign body since it was created by the British.
However, it worked as a fully independent and sovereign body.
• The language of the constitution was criticised for being literary andcomplicated.
• The assembly was dominated by the Congress Party. But the party dominated the provincial
assembliesandthiswasnatural.Moreover,itwasaheterogeneouspartywithmembersfromalmos
t all sections of Indian society.
• It was alleged that the assembly had Hindu dominance. This was again because of
proportional representation fromcommunities.
 UNIT – II

Salient Features of the Indian Constitution

The main features of Indian Constitution are the following:

1.A written Constitution: The Indian Constitution is mainly a written constitution. A written constitution is
framed at a given time and comes into force or is adopted on a fixed date as a document. Our constitution
was framed over a period of 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and
enforced on January 26, 1950. Certain conventions have gradually evolved over a period of time which have
proved useful in the working of the constitution.

2.Federal Policy: This refers to the existence of more than one level of government in the country. In India,
we have governments at the state level, at the centre and Panchayati Raj at the village level. All persons in
India are governed by laws and policies made by each of these levels of government.

The Constitution of India does not use the term ‘federal state’. It says that India is a ‘Union of States’. There
is a distribution of powers between the Union/Central Government and the State Governments. Since India is
a federation, such distribution of functions becomes necessary. There are three lists of powers such as Union
List, State List and the Concurrent List.

3.Parliamentary Democracy: India has a parliamentary form of democracy. This has been adopted from the
British system. In a parliamentary democracy there is a close relationship between the legislature and the
executive. The people of India have a direct role in electing their representatives. Also, every citizen of the
country, irrespective of his/her social background, can contest in elections.

4.Fundamental Rights and Duties: Fundamental Rights are one of the important features of the Indian
Constitution. The Constitution provides for six Fundamental Rights .

The Fundamental Rights in the Indian Constitution include:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

Fundamental Rights have two-fold objectives:

• Every citizen must be in a position to claim fundamental rights.

• Fundamental rights must be binding upon every authority that has got the power to make laws.
Fundamental Rights are justiciable and are protected by the judiciary. In case of violation of any of these rights
one can move to the court of law for their protection.

Fundamental Duties were added to our Constitution by the 42nd Amendment. It lays down a list of ten
Fundamental Duties for all citizens of India. While the rights are given as guarantees to the people, the duties
are obligations which every citizen is expected to perform.

5.Directive Principles of State Policy: The Directive Principles of State Policy which have been adopted
from the Irish Constitution, is another unique feature of the Constitution of India. The Directive Principles
were included in our Constitution in order to provide social and economic justice to our people. Directive
Principles of State Policy which ensure greater social and economic reforms, and serve as a guide to the
independent Indian State to institute laws and policies.

Directive Principles aim at establishing a welfare state in India where there will be no concentration of wealth
in the hands of a few.

6.Partly rigid and Partly flexible: A constitution may be called rigid or flexible on the basis of its amending
procedure. The Constitution of India provides for three categories of amendments. In the first category,
amendment can be done by the two houses of Parliament simple majority of the members present and voting
of before sending it for the President’s assent. In the second category amendments require a special majority.
Such an amendment can be passed by each House of Parliament by a majority of the total members of that
House as well as by the 2/3rd majority of the members present and voting in each house of Parliament and
send to the President for his assent which cannot be denied. In the third category besides the special majority
mentioned in the second category, the same has to be approved also by at least 50% of the State legislatures.

7.Language Policy: India is a country where different languages are spoken in various parts of the country.
Hindi and English have been made official languages of the central government. A state can adopt the language
spoken by its people in that state also as its official language.

8.Special Provisions for Scheduled Castes and Scheduled Tribes: The Constitution provides for giving
certain special concessions and privileges to the members of these castes. Seats have been reserved for them
in Parliament, State legislature and local bodies, all government services and in all professional colleges.

9.A Constitution Derived from Many Sources: The framers of our constitution borrowed many things from
the constitutions of various other countries and included them in our constitution. That is why; some writers
call Indian Constitution a ‘bag of borrowings’.

10.Independent Judiciary: Indian judiciary is independent an impartial. The Indian judiciary is free from the
influence of the executive and the legislature. The judges are appointed on the basis of their qualifications and
cannot be removed easily.

11.Single Citizenship: In India there is only single citizenship. It means that every Indian is a citizen of India,
irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the Constituent State
like Jharkhand, Uttaranchal or Chattisgarh to which he/she may belong to but remains a citizen of India. All
the citizens of India can secure employment anywhere in the country and enjoy all the rights equally in all the
parts of India.

12.Universal Adult Franchise: Indian democracy functions on the basis of ‘one person one vote’. Every
citizen of India who is 18 years of age or above is entitled to vote in the elections irrespective of caste, sex,
race, religion or status. The Indian Constitution establishes political equality in India through the method of
universal adult franchise.

13.Emergency Provisions: The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times. To cope with such situations, the Constitution elaborates
on emergency provisions. There are three types of emergency; a) emergency caused by war, external
aggression or armed rebellion; b) emergency arising out of the failure of constitutional machinery in states;
and c) financial emergency.

14 .Separation of Powers

There are 3 organs of government:

a.The legislature: refers to elected representatives by the people.

b.The executive: is a smaller group of people who are responsible for implementing laws and running the
government.

c.The judiciary: refers to the system of courts in India.

Each organ mentioned above acts as a check on the other organs of government. This ensures the balance of
power between all three.

Fundamental Rights
Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are conferred upon
the citizens of India for the Constitution tells that these rights are inviolable. Right to Life, Right to Dignity,
Right to Education etc. all come under one of the six main fundamental rights.

What are the Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to
all citizens. They are applied without discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of
law.

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the constitutional articles related to them
are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Initially there were seven fundamental rights but Right to property was later converted into legal right
by the 44THAmendment of the Constituttion in 1978.

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing
wealth (property) equitably among the people.
Note: The right to property is now a legal right and not a fundamental right.
Introduction to Six Fundamental Rights (Articles 12 to 35)
Under this section, we list the fundamental rights in India and briefly describe each of them.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of
birth. It ensures equal employment opportunities in the government and insures against discrimination by the
State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of
titles as well as untouchability.

• Article 14: The provisions regarding Equality before Law are included in this Article

• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth is
specified in this Article

• Article 16: This Article consists of Rights of Equality of opportunity in matters of public employment

• Article 17: Abolition of untouchability is mentioned in this particular Article

• Article 18: This Article provides details about Abolition of titles

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution
guarantees freedom to citizens. The freedom right includes many rights such as:

• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practise any profession
• Freedom to reside in any part of the country

Some of these rights are subject to certain conditions of state security, public morality and decency and
friendly relations with foreign countries. This means that the State has the right to impose reasonable
restrictions on them.

• Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in the
Article

• Article 20: This Article states the Protection in respect of conviction for offenses

• Article 21: Protection of life and personal liberty is mentioned in the Article

• Article 22: This Article deals with Protection against arrest and detention in certain cases

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also
implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children
under 14 years in hazardous conditions.
• Article 23:The details of Prohibition of traffic in human beings and forced labor are presented in this
Article

• Article 24:The Article contains Prohibition of employment of children in factories, etc.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom
of conscience, profession, practice and propagation of religion. The State has no official religion. Every person
has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.

• Article 25:Particulars of freedom of conscience and free profession, practice and propagation of
religion are clearly enumerated in this Article

• Article 26:The Article specifies the freedom to manage religious affairs

• Article 27:Freedom as to payment of taxes for promotion of any particular religion is stated in the
Article

• Article 28:This Article includes freedom as to attendance at religious instruction or religious worship
in certain education institutions

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve
their heritage and culture. Educational rights are for ensuring education for everyone without any
discrimination.

• Article 29:Protection of interests of minorities is specified in detailed form in this Article

• Article 30:Right of minorities to establish and administer educational institutions is scripted in this
very Article

• Article 31:The Article dealing with Compulsory acquisition of property has been repealed through the
Constitution Act, 1978 under 44th Amendment.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot
infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the
courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental
rights.

• Article 32:Remedies for enforcement of rights conferred by this part have been included in the Article

• Article 33:This particular Article addresses the Power of Parliament to modify the rights conferred by
this Part in their application to forces, etc.

• Article 34:Restriction on rights conferred by this Part while martial law is in force in any area is
mentioned in the Article

• Article 35:This Article indicates the Legislation to give effect to the provisions of this Part
Features of Fundamental Rights

• Fundamental rights are different from ordinary legal rights in the manner in which they are enforced.
If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower
courts. He or she should first approach the lower courts.
• Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens
and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are
subject to the conditions of state security, public morality and decency and friendly relations with
foreign countries.
• They are justiciable, implying they are enforceable by courts. People can approach the SC directly in
case of violation of fundamental rights.
• Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the
amendment does not alter the basic structure of the Constitution.
• Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under
Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area which has been placed under martial
law or military rule.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights that are available only to citizens (and not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of:(Article 19)
o Speech and expression
o Association
o Assembly
o Movement
o Residence
o Profession
4. Protection of the culture, language and script of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are essential
for safeguarding the people’s interests.
According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express
provision for judicial review. The SC and the High Courts can declare any law unconstitutional on the grounds
that it is violative of the fundamental rights. Article 13 talks about not just laws, but also ordinances, orders,
regulations, notifications, etc.
Conclusion
To know how many fundamental rights are there in the Indian Constitution is a must-rule for an IAS aspirant.
The list of fundamental rights given above will be helpful for the candidates in their UPSC preparation. Also,
aspirants should know the difference between human rights and fundamental rights. The basic difference
between human rights and fundamental rights is the scope of acceptance. While fundamental rights have scope
within a country, human rights are accepted worldwide.
Fundamental Duties in India - Article 51A
42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment Act
2002 later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended
Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.
The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution.

Introduction to 11 Fundamental Duties in India

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in addition
to creating and promoting culture, also strengthen the hands of the legislature in enforcing these duties vis-a-
vis the fundamental rights.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table
below:

S.No 11 Fundamental Duties

1. To Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and
the National Anthem--It is the duty of every citizen to respect the ideals, which include liberty,
justice, equality, fraternity and institutions namely, executive, the legislature and the judiciary.
Hence all of us are supposed to maintain the dignity of constitution by not indulging in any
activities which violate them in letter and spirit. It also states that if a citizen by any overt or covert
act shows disrespect to the constitution, the National Anthem or the National Flag it would spell
doom to all our rights and very existence as citizens of a sovereign nation.

2. To Cherish and follow the noble ideals that inspired the national struggle for freedom -The citizens
of India must cherish and follow the noble ideals which inspired the national struggle for freedom.
These ideals were those of building a just society and a united nation with freedom, equality, non
violence, brotherhood and world peace. If the citizens of India remain conscious of and committed
to these ideals, we will be able to rise above the various separatist tendencies raising their ugly
heads now and then, here and there.

3. To Uphold and protect the sovereignty, unity and integrity of India- it is one of the pre eminent
national obligations of all the citizens of the India. India is a vast and diverse nation with different
caste, religion, sex and linguistic people; if freedom and unity of the country are jeopardized then
united nation is not possible. Hence in a way sovereignty lies with the people. It may be recalled
that these were first mentioned in preamble and also under 19(2) of fundamental rights reasonable
restrictions are permitted on freedom of speech and expression in the interest of the sovereignty
and integrity of India.

4. To Defend the country and render national service when called upon to do so – it is the duty of
every citizen to defend our country against external enemies. All the citizens are bound to be
conscious of any such elements entering India and also when in need, they should be ready to take
up arms to defend themselves. It is addressed to all the citizens other than those belonging to army,
navy and the air force.
5. To Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women– Given the vast diversities among people, the presence of one
flag and single citizenship strengthens the spirit of brotherhood among the citizens. It states that
people should rise above narrow cultural differences and strive towards excellence in all spheres
of collective activity.

6. To Value and preserve the rich heritage of the country’s composite culture – our cultural heritage
is one of the noblest and richest, it is also part of the heritage of the earth. Hence it is our duty to
protect what we have inherited from the past, preserve it and pass on to the future generations.
India is also one of the most ancient civilizations of the world. Our contributions towards art,
science, literature is well known to the world, also this land is birth place of Hinduism, Jainism
and Buddhism.

7. To Protect and improve the natural environment including forests, lakes, rivers and wildlife and
to have compassion for living creatures – these natural reserves are the most valued assets of our
country hence it is the duty of every citizen to protect it. Rising pollution, large scale degradation
of forests is causing immense harm to all the human lives on earth. Increasing natural calamities
is a proof to it. It is also reinforced in other constitutional provision under article 48A i.e. Directive
Principles of State Policy which states that, to protect and improve the environment and safeguard
the forests and wildlife

8. To Develop scientific temper, humanism and the spirit of inquiry and reform – It is a known fact
that it is necessary to learn from the experiences and developments around the world for our own
development. It is duty of every citizen to protect and promote scientific temper and spirit of
inquiry to keep pace with fast changing world.

9. To Safeguard public property and to abjure violence– it is unfortunate that in a country which
preaches non-violence to the rest of the world, we ourselves see from time to time incidents of
senseless violence and destruction of public property. Among all the fundamental duties this one
holds a great significance in current scenario when strike, protest etc have become a common
phenomenon. Whenever there is a strike or bandh or rally, mob develops mentality to harm public
properties like buses, buildings and to loot them and citizens who are protectors become mute
spectators.

10. To Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement –As responsible citizens whatever
work we take up should be directed towards achieving the goal of excellence so that our country
constantly rises to higher levels of endeavour and achievement. This clause has potential to not
only regenerate and reconstruct the country but also to raise it to the highest possible level of
excellence.
 11. Who is a parent or guardian Provide opportunities for education to his child or ward between the
age of six and fourteen years. This duty was added by the 86th Constitutional Amendment
Act, 2002– it was the recommendation of National Commission to Review the Working of
constitution, to make education a fundamental right of all the children up to age of 14. 86th
Constitutional amendment Act, 2002 however provided for free and compulsory education
as a legally enforceable fundamental right for all children between 6 to 14 years of age.

Importance of Fundamental Duties- Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in the
table below:

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

5. They are enforceable by law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following
grounds:

• They have been described by the critics as a code of moral precepts due to their non-justiciable
character. Their inclusion in the Constitution was described by the critics as superfluous. This is
because the duties included in the Constitution as fundamental would be performed by the people even
though they were not incorporated into the Constitution.
• Some of the duties are vague, ambiguous and difficult to be understood by the common man.
• The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying
taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh
Committee.
• The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution
has reduced their value and significance. They should have been added after Part III so as to keep them
on par with Fundamental Rights.
• Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were
included in the Constitution. Those duties recommended by the committee which were not accepted
were:
1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to
observe any of the duties.
 2. The punishments/penalties decided by the Parliament shall not be called in question in any
court on the ground of infringement of any of Fundamental Rights or on the ground of
repugnancy to any other provision of the Constitution.
3. Duty to pay taxes.

Directive Principles of State Policy

Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State Policy (DPSP).
They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution but
but these principles are fundamental in the governance of the country and it shall be the duty of the State to
apply these principles in making laws.

What are the Directive Principles of State Policy?

Definition

The Directive Principles of State Policy are guidelines to the central and state governments
of India, to be kept in mind while framing laws and policies. These provisions, contained
in Part IV of the Constitution of India, are not enforceable by any court, but the principles
laid down therein are considered fundamental in the governance of the country, making it
the duty of the State to apply these principles in making laws to establish a just society in
thecountry.

Characteristics:

➢ DPSPs aimto:
• create social and economic conditions under which the citizens can lead a
goodlife.
• establish social and economic democracy through a welfarestate.
➢ They act as a, yardstick in the hands of the people to measure the performance of
thegovernment.
➢ The Directive Principles are non-justifiable rights of thepeople.

➢ The Directive Principles, though not justifiable, are fundamental

in the governance of thecountry.

DIRECTIVES
.Article 36:- Definition of state:

“The State‟‟ includes the Government and Parliament of India and the Government and the Legislature of
each of the States and all local or other authorities within the territory of India or under the control of the
Government of India.

Article 37:- Application of the principles:

The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down
are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply
these principles in making laws.

Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are
usually classified into three types-

• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice and set the path
towards the welfare state. Under various articles, they direct the state to:

Article 38(State to 1) State shall strive to promote the welfare of the people by securing and
secure a social order for protecting as effectively as it may a social order in which justice, social,
the promotion of economic and political, shall inform all the institutions of the national life.
welfare of the people)
2) The State shall, in particular, strive to minimize the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people
residing in different areas or engaged in different vocations.

Article 39 Secure citizens:

• Right to adequate means of livelihood for all citizens

• Equitable distribution of material resources of the community for the
common good
• Prevention of concentration of wealth and means of production
• Equal pay for equal work for men and women
• Preservation of the health and strength of workers and children against
forcible abuse
 • Opportunities for the healthy development of children

Article 39A Promote equal justice and free legal aid to the poor-

The State shall secure that the operation of the legal system promotes justice,
on a basis of equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.

Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:

(Right to work, to • Right to work

education and to public • Right to education
assistance in certain
• Right to public assistance,
cases):
The State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and
disablement, and in other cases of undeserved want.

Article 42 (Provision for just and human conditions of work and maternity relief):

The State shall make provision for securing just and humane conditions of
work and for maternity relief...

Article 43 (Living wage, etc., for workers):

The State shall endeavor to secure, by suitable legislation or economic

organisation or in any other way, to all workers agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities and,
in particular, the State shall endeavor to promote cottage industries on an
individual or co-operative basis in rural areas.

Article 43A Take steps to secure the participation of workers in the management of
industries

Article 47 Raise the level of nutrition and the standard of living of people and to improve
public health
DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the programme of
reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the
state to:

Article 40 The State shall take steps to organise village panchayats and endow them with such
(Organisation of powers and authority as may be necessary to enable them to function as units of
village self- government.
panchayats):

Article 43 Promote cottage industries on an individual or co-operation basis in rural areas

Article 43B Promote voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies

Article 46 (Promotion of educational and economic interests of Scheduled Castes, Scheduled

Tribes and other weaker sections):

The State shall promote with special care the educational and economic interests of
the weaker sections of the people, and in particular, of the Scheduled Castes and the
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation

Article 47 (Duty of the State to raise the level of nutrition and the standard of living and to
improve public health):

The State shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties and,
in particular, the State shall endeavour to bring about prohibition of the consumption
except for medicinal purpose of intoxicating drinks and of drugs which are injurious
to health.

Article 48 (Organisation of agriculture and animal husbandry):

The State shall endeavour to organise agriculture and animal

husbandry on modern and scientific lines and shall, in particular,
take steps for preserving and improving the breeds, and
prohibiting the slaughter(kill), of cows and calves and other milch
and draughtcattle.
DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state
to:

Article (Uniform civil code for the citizen):

44

The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory
of India.

Article (Provision for early childhood care and education to children below the age of six years):
45

The State shall endeavor to Provide early childhood care and education for all children untill
they complete the age of six years.

Article Organise agriculture and animal husbandry on modern and scientific lines
48

Article (Protection of monuments and places and objects of national importance):

49

It shall be the obligation of the State to protect every monument or place or object of artistic or
historic interest, declared by or under law made by Parliament to be of national importance,
from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Article (Separation of judiciary from executive):

50

The State shall take steps to separate the judiciary from the executive in the public services of
the State. • Judiciary is the adjudicating body. • Judiciary has the power to review any law
passed by the Parliament and can declare a law null and void if it violates the constitution. •
Prime Minister along with his council of ministers is called the Temporary Executives. They
implement the policies framed by the legislature. • Civil servants and other officers, staffs
working under the government of India is called the Permanent Executives.

Article (Promotion of international peace and security):

51
• The State shall endeavour to –
• Promote international peace and security;
 • Maintain just and honourable relations between nations;
• Foster respect for international law and treaty obligations in the dealings of organised
people with one another; and
• Encourage settlement of international disputes by arbitration.

What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles in the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

2 Article 39A To promote equal justice and to provide free legal aid to the poor

3 Article 43A To take steps to secure the participation of workers in the management of industries

4 Article 48A To protect and improve the environment and to safeguard forests and wildlife

IMPORTANCE AND IMPLEMENTATION OF DIRECTIVE PRINCIPLES

Importance of the Directive Principles

• The State should strive to promote the welfare of the people.

• Maintain social order through social, economic and political justice.

• The State should strive towards removing economic inequality.

• Removal of inequality in status and opportunities.

• To secure adequate means of livelihood for the citizens.

• Equal work opportunity for both men and women.

• Prevent concentration of wealth in specific pockets through uniform distribution of the material
resources amongst all the strata of the society.

• Prevention of child abuse and exploitation of workers.

• Protection of children against moral and material abandonment.

• Free legal advice for equal opportunities to avail of justice by the economically weaker section.
• Organisation of Village Panchayats which will work as an autonomous body working towards giving
justice.

• Assistance to the needy including the unemployed, sick, disabled and old people.

• Ensure proper working conditions and a living wage.

• Promotion of cottage industries in rural areas.

• The state should endeavour towards a uniform civil code for all the citizens of India.

• Free and compulsory education for children below the age of 14years.

• Economic and educational upliftment of the SC and ST and other weaker sections of the society.

• Prohibition of alcoholic drinks, recreational drugs, and cow slaughter.

• Preservation of the environment by safeguarding the forests and the wild life.

• Protection of monuments, places and objects of historic and artistic interest and national importance
against destruction and damage.

• Promotion and maintenance of international peace and security, just and honourable relations between
nations, respect for international law and treaty obligations, as well as settlement of international disputes by
arbitration.

Implementation of the Directive Principles

As mentioned earlier, unlike the fundamental rights which are guaranteed by the Constitution of India, the
Directive Principles do not have a legal sanction and cannot be enforced in a court of law. However, the State
is making every effort to implement the Directive Principles in as many sectors as possible. The noteworthy
implementation is the 86th constitutional amendment of 2002 which inserted a new article, Article 21-A,
making free education for children below the age of 14 compulsory. Prevention of Atrocities Act safeguarding
the interests of SC and ST, several Land Reform Acts, Minimum Wage Act (1948), are a few other examples
of the implementation of the Directive Principles. Based on the guidelines of the Directive Principles, the
Indian Army has participated in 37 UN peace-keeping operations.
 Unit-III

Unit-III Organs of Government

1. Union Government-Executive (President, Prime Minister and Council of Ministers)

▪ Legislature (Parliament-Lok Sabha, Rajya Sabha)

▪ Judiciary- Supreme Court and High Court

2. State Government-Executive (Governor, Chief Minister and Council of Ministers)

• Legislature (Legislative Assembly and Legislative Council)

3. Panchayat Raj institutions and Urban local bodies

STRUCTURE OF THE INDIAN UNION

The (Indian) Union Government or the Central Government (as opposed to State Governments),
or more commonly referred to as the Government of India, governs the union of 29 states and 7
Union Territories (UTs). This union is called the Republic of India, also known as Bharat. The
seat of the government is the Indian Capital – New Delhi. Like the United States, India has a
federal structure of government, in which the constitution divides power between the central
government and the state governments. India‟s present constitution went into effect on January
26, 1950, but it has been amended numerous times.

Federalism is a system of government in which the power is divided between a central authority
and various constituent units of the country. Usually, a federation has two levels of government.
One is the government for the entire country that is usually responsible for a few subjects of
common national interest. The others are governments at the level of provinces or states that look
after much of the day-to-day administering of their state. Both these levels of governments enjoy
their power independent of the other.
The basic form of the Union Government envisaged in the Constitution was introduced by Dr.
Ambedkar. The union government, as India's central government is known, is divided into three
distinct but interrelated branches: legislative, executive, and judicial. The state is governed at
various levels with separate roles assigned to the Executive, Legislature and the Judiciary.

The legislature consists of “The Parliament of India‟, which is headed by the President and
constitutes the two Houses, known as Rajya Sabha or Upper House (Council of States) and Lok
Sabha or Lower House (House of the People). The executive branch consists of the president, vice
president, and a Council of Ministers, led by the prime minister. The Apex Judiciary body in the
country is the Supreme Court followed by the High Courts of the state. The Judiciary is
 independent of the executive. India adopted a Parliamentary form of government, with the
President as the nominal head of the Executive and the Prime Minister and the Council of
Ministers wielding actual power.

The Three Tier Government of India

1. Central/Union Government
2. State Government
3. Local Government

Central Government is chosen by party/group of

parties which get more than 50% seats in the
parliamentary elections i.e. Lok Sabha elections.

State Government is chosen by the party/group of

parties which get more than 50% seats in the
assembly elections of a state i.e. Vidhan Sabha
elections.

Municipal Corporation/Gram Panchayats are a bit

different. Elections are held here too but it is not a
one party'sGovernment.

STRUCTURE OF THE CENTRAL GOVERNMENT

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC, and to secure to all its citizens..."

The Republic of India is governed by the Constitution of India, which was adopted by the
Constituent Assembly on November 26, 1949 and came into force on January 26, –1950. The
Constitution of India seeks to protect the fundamental, political and civil rights of the people. It
also embodies the basic governance structure of the country.

The Constitution of India provides for a Parliamentary form of Government, which is federal in
structure with certain unitary features.

Broadly, the governance structure in India can be depicted as follows:

Executive:
The President serves as the Executive Head of the State and the Supreme Commander-
in- Chief of the armed forces. Article 74(1) of the Constitution of India provides that
there shall be a Council of Ministers, with the Prime Minister as its head to aid and
advise the President.

The President appoints the Prime Minister, Cabinet Ministers, Governors of States and
Union Territories, Judges of the Supreme Court and High Courts, Ambassadors and
other diplomatic representatives. The President is also authorized to issue Ordinances
with the force of the Act of Parliament, when Parliament is not insession.

Legislature

In India, the Parliament is the supreme legislative body. As per Art 79 of the Constitution of
India, the Council of Parliament of the Union consists of the President and two Houses, which
are known as the Council of States (Rajya Sabha) and the House of People (Lok Sabha).

The cardinal functions of the Legislature include overseeing of administration, passing of

budget, ventilation of public grievances and discussing various subjects like development
plans, international relations and national policies. The Parliament is also vested with powers
to impeach the President, remove judges of the Supreme Court and High Courts, the Chief
Election Commissioner, and the Comptroller and Auditor General in accordance with the
procedure laid down in the Constitution of India. All legislations require the consent of both
the Houses of Parliament. The Parliament is also vested with the power to initiate amendments
in the Constitution of India.

Judiciary

The Judiciary of India is an independent body and is separate from the Executive and Legislative
organs of the Indian Government. The Judiciary in India provides the people of the nation the
necessary "auxiliary precaution" required to ensure that the Government functions in favour of the
people, for their amelioration and for the betterment of society.

The judicial system of India is divided into four basic levels. At the apex level is the Supreme
Court, situated in New Delhi, which, under the scheme of the Constitution of India is the guardian
and interpreter of the Constitution of India, which is followed by High Courts at the State level,
District Courts at the district level and Lok Adalats at the village and panchayat level. The Supreme
Court and High Courts have the special constitutional responsibility of enforcing the "Fundamental
Rights" of the citizen, as enshrined in Part III of the Constitution.

Roles and Responsibilities of the state governments

1. Formulation, execution, evaluation and revision of public policy in various spheres which
the party in power seeks to progress and practice.

2. Coordination among various ministries and other organs of the government which might
indulge in conflicts, wastefulness, duplication of functions and empire building.

3. Preparation and monitoring of the legislative agenda which translated the policies of the
government in action through statutory enactments.

4. Executive control over administration through appointments, rulemaking powers and

handling of crises and disasters, natural as well as political.

5. Financial management through fiscal control and operation of funds like Consolidated
Fund and Contingency Funds of India.

6. Review the work of planning and Planning Commission.

STRUCTURE OF THE STATE GOVERNMENT

In a federal form of government, the state government is the government of a country‟s

subdivisions and shares political power with the national government.

In the Constitution of India, which is a sovereign socialist secular democratic republic,

the country has three levels of governments: The Central, the States and the Union
Territories, besides the third level of governments, comprising the panchayats in rural
areas and municipalities in urban areas. In India, the state governments are the level
of government below the central government. Each state of the country is governed by
the state government. There are 29 state governments in our country, each of which is
headed by the governor and the chief minister. The CM also heads the council of
ministers.

Broadly, the governance structure in a state can be depicted as follows:

Executive: State Executive comprises the governor and the chief minister with his
council of Ministers. The Governor of each state is appointed by the President for a
period of five years.

Executive power of the state is vested in the governor. But the actual powers for proper
functioning of the state are vested in the CM and his council of ministers.

Legislature: Each state has a legislative assembly. It consists of the governor and one
House or two Houses, as the case may be. In seven states, the state government‟s
legislature is bicameral. These states are Bihar, Andhra Pradesh, Telangana, Jammu
and Kashmir, Karnataka, Maharashtra and Uttar Pradesh. These states have two
Houses known as legislative council and legislative assembly. The rest of the states
are unicameral. There is only one House known as legislative assembly. State
Legislature or State Assemblies are headed by theCM.

Judiciary: State high courts have jurisdiction over the whole state. In the states, the
judicial setup is headed by the chief justice. He manages and controls the entire judicial
system of the state pertaining to criminal, civil and all other forms of litigation. State
high courts have to, however, report to the Supreme Court of India, which may
override the high court‟s findings and judgements.
Roles and Responsibilities of the state governments

State governments have separate departments for proper functioning of the state. States
have jurisdiction over education, agriculture, public health, sanitation, hospitals and
dispensaries and many other departments.

Internal security: The state governments have to maintain the internal security,
law and order in the state. Internal security is managed through state police.

Public order: States have jurisdiction over police and public order

Education: Providing a public education system, maintaining school buildings and

colleges, employment of teachers, providing help to under privileged students all
come under the education department of the state.

Agriculture: The state governments have to provide support for farmers, funds for
best farming practices, disease prevention and aid during disasters such as floods
or droughts.

Finances: State legislature handles the financial powers of the state, which include
authorisation of all expenditure, taxation and borrowing by the state government.
It has the power to originate money bills. It has control over taxes on entertainment
and wealth, and sales tax.

Reservation of bills: The state governor may reserve any bill for the consideration
of the President.

Transport: State government runs the rains, trams, bus and ferry services and other
public transportation in the cities and towns of the States.

Water supply: Water supply to cities and towns for drinking, including irrigation
for farmers, is the responsibility of the State governments.

Budget: State governments make budget for state.

 Allocation of funds: It has the power to give funds to all its organizations like Zila Parishad,
corporation, and other departments

POWERS AND POSITION OF PRESIDNET OF INDIA

In Indian Parliamentary practice, the President is the nominal executive or a

Constitutional ruler. He is the head of the nation, but does not govern the nation. Our
Union Council of Ministers headed by the Prime Minister is the real executive. And
the President rules the country on the advice of the Prime Minister and his colleagues.

Powers:

We shall now discuss in details, the powers and functions of the President of India in
the light of the above discussion. The powers and the functions of the President of
India may be classified under five heads, such as executive, legislative, financial,
judicial and emergency.

1. Executive Powers

As per Article 53 of the Constitution of India, the President has the following executive
powers:

A right to be informed of all of the nations affairs.

Powers to appoint and remove high Constitutional authorities, including the prime
minister and the council of ministers.

Appointments of the judges of the Supreme Court and the High Courts, the state
governors, the attorney general, the comptroller and auditor general (CAG), and
the chief commissioner and members of the election commission are made in
hisname.

2. Legislative Powers

The President is always the first to address the Parliament during the budget session.

In case of a deadlock in legislation process between the two houses of Parliament,

 the President summons a joint session to break theimpasse.

Presidential sanction is mandatory for a legislation such as creating a new state, or

changes in the boundary of existing states, or a change in the name of astate.

Legislation dealing with fundamental rights under the Constitution require the
President‟s consent.

Money bills introduced in the Lok Sabha require the President‟sconsent.

AllbillspassedbyParliamentneedthePresident‟sconsentbeforebecominglaw.

The President is responsible for promulgating ordinances or emergent legislation

during Parliament‟srecess.

He nominates the members to both the Houses.

3. Financial Powers
NomoneybillcanbepresentedintheLokSabhawithoutthePresident‟spriorpermission.
Budget of the central government is presented to Lok Sabha by the union Finance
Minister only with the permission of thePresident.
He appoints Finance Commission after five years or earlier of them arises such aneed.
He distributes the shares of the Income Tax between the union and states. All these
powers of the president are however, exercised by him only on the advice of
thecabinet.
4. Judicial Powers

The President has the privilege of judicial powers.

He rectifies judicialerrors

Has the power to grant pardons and reprieves frompunishment.

The President can also seek the opinion of the supreme court on legal and
Constitutional matters and on matters of national and people‟sinterest.
 5. EmergencyPowers

The Constitution of India envisages three kinds of emergency powers on the President.

During any national emergency which puts the country‟s security at peril, either from
externalaggressionorarmedrebellionwithin,thePresidenthasthepowertodeclarea state of
emergency. The President‟s Rule is then established in the state. However, such emergency
has to be recommended by the Prime Minister and the cabinet.

The President can declare a State emergency based on political emergency due to
Constitutionalorlawandorderbreakdown.TheGovernor‟sRuleisthenestablishedin
the state.

The President has the power to intervene when the financial stability of the country
or any state is seriously affected. The President has the power to direct a state
government to observe prudence in publicexpenditure.

Position

Thus, the President of India has been given wide and far-reaching powers which he
enjoys both during normal and emergency times. But after the passing of the
Constitution Forty- Second (1976) and Forty-Fourth (1978) Amendment Acts, the
President of our Republic has become a Constitutional figurehead and nothing beyond
that.

Today, President‟s position is one of great authority and dignity, but at the same time
strictly constitutional. Thus, the President is bound in every case to act on the advice
of his Prime Minister and other Ministers who are responsible to the Lok Sabha and
responsive to the public opinion. In short, the powers really reside in the Ministry and
the Parliament and not in the President as such. He has no discretion in our
Parliamentary system of government. The Supreme Court through various decisions
has upheld the position that the President is a constitutional head and as such he is as
much bound by the advice of his Ministers during emergency as during normal times.
For example, the President can declare a proclamation of the National Emergency
 (Article 352) only after receiving a written communication of the decision of the Union
Cabinet. If the President abuses his powers, he can be removed from office by a
process of impeachment. It does not, however, mean that the President of India is a
magnificent cipher or a mere rubber stamp. Unlike the British Monarchy which is
hereditary, the President of our Republic is an elected Head of the State. In our
coalition politics, there are some grey areas where the President may still have to use
his own judgment and wisdom. These are: • Appointment of the Prime Minister, •
Dismissal of the Union Ministry, •
DissolutionoftheLokSabha,and,•Seekinginformationonallmattersofadministrationand
state of emergency. The President‟s Rule is then established in the state. However, such
emergency has to be recommended by the Prime Minister and the cabinet.

The President can declare a State emergency based on political emergency due to
Constitutionalorlawandorderbreakdown.TheGovernor‟sRuleisthenestablishedin
the state.

The President has the power to intervene when the financial stability of the country
or any state is seriously affected. The President has the power to direct a state
government to observe prudence in publicexpenditure.

Position

Thus, the President of India has been given wide and far-reaching powers which he
enjoys both during normal and emergency times. But after the passing of the
Constitution Forty- Second (1976) and Forty-Fourth (1978) Amendment Acts, the
President of our Republic has become a Constitutional figurehead and nothing beyond
that.

Today, President‟s position is one of great authority and dignity, but at the same time
strictly constitutional. Thus, the President is bound in every case to act on the advice
of his Prime Minister and other Ministers who are responsible to the Lok Sabha and
responsive to the public opinion. In short, the powers really reside in the Ministry and
the Parliament and not in the President as such. He has no discretion in our
Parliamentary system of government. The Supreme Court through various decisions
has upheld the position that the President is a constitutional head and as such he is as
much bound by the advice of his Ministers during emergency as during normal times.
For example, the President can declare a proclamation of the National Emergency
(Article 352) only after receiving a written communication of the decision of the Union
Cabinet. If the President abuses his powers, he can be removed from office by a
process of impeachment. It does not, however, mean that the President of India is a
magnificent cipher or a mere rubber stamp. Unlike the British Monarchy which is
hereditary, the President of our Republic is an elected Head of the State. In our
coalition politics, there are some grey areas where the President may still have to use
his own judgment and wisdom. These are: • Appointment of the Prime Minister, •
Dismissal of the Union Ministry, •
DissolutionoftheLokSabha,and,•Seekinginformationonallmattersofadministrationand
legislation from the Prime Minister etc. In some such situations, the role of our
President may become most crucial and decisive. However, the President has to be
free from all political affiliations. He is expected to act with complete constitutional
rectitude and impartiality. The nation is expected to be benefitted by his wise
leadership and constructive role.

POWERS OF PM AND COUNCIL OF MINISTERS

Prime Minster

He is the head of government or the real executive in the Indian system. President
appoints the prime minister however no system of appointment is given in the
constitution. However, by convention of a parliamentary democracy the leader of the
largest party of parliament becomes the PM.
The president can exercise discretion when no party has clear majority. He appoints a
person and asks him to prove his majority in the house. If the PM dies and no successor
is in sight then again, the president can appoint a suitable person at his discretion as
caretaker for continuity. However, if the winning party has a candidate then the
president has no choice.
 To be a PM a person need not be an MP but he has to become one within 6 months of
being appointed or else his appointment become void.

Though the PM occupies his post during the pleasure of the president he can‟t be
removed till he commands the majority in the house.

As per the Govt of India (Allocation of business) Rules created by the president,
different departments were created to handle governments business. Ministers and
subject distribution were done to each ministry by the president on advice of the prime
minister.

Powers of the PM

1. As head of the council of ministers he recommends people to be appointed as

ministers to the president.

2. He allocates and reshuffles portfolios amongst them. He can ask the minister to
resign or tell the president to dismiss him.

3. All the decisions of the Cabinet meetings are decided by the approval and consent
of The Prime Minister.

4. He supervises activities of all ministers. His resignation or death leads to dissolution

of the council of ministers.

5. He communicates to the president all matters related to administration of the union

and proposed legislations.

6. He furnishes information required by the president relating to administration of the

union or proposed legislations.

7. He submits to the consideration of the council of ministers any matter on which

decision
hasbeentakenbyanindividualministerbuttheCouncilofMinistershasn‟tconsideredit.

8. He is the leader of the lower house. He can advise president to summon or prorogue
 the house sessions. He can advise dissolution of Lok Sabha to the president
anytime. He announces government policies on the floor of the house.
9. He is advisor of president regarding appointments to various regulators and
constitutional bodies of the union.

10. He heads the national development council, national integration council, interstate
council, Niti Aayog, national water resource council.
Powers of the Council of

Ministers Power to

formulate the policies

• The Cabinet Ministers formulates both external and domestic policies and
are considered as the policy-making organ of the government.

• The Cabinet takes decisions on the various matters such as defense,

economic policy, industrial policy, formulation of new states and the
President‟s rule in the state.
• The decisions made by the Cabinet are communicated to the Deputy
Minister and Minister of the state which helps the cabinet ministers in
managing the business of the government jointly.

• The members of the Planning Commission are appointed by the Cabinet.

Power over the Executive

• The Cabinet Ministers have the supreme control over the Executives.

• The real functionaries in the executive authority are the Cabinet Ministers.

• The Cabinet Ministers presides over the Ministries of the Government and
carries out the policies and gets approved by the Parliament.

Power as the Coordinator

 • The Cabinet Ministers act as the coordinator of the various department of
the government.

• Various Ministries of the government are coordinated by the cabinet ministers.

Financial Powers

• It is the responsibility of the Cabinet Ministers to look after the expenditure

of the Government.

• The Finance Minister of the Cabinet prepares the annual budget which
contains the estimated incomes for the ensuing year and also has the power
to introduce the money bill with the consent of the President.

• It is the responsibility of each cabinet ministers to see that the proposals of

his ministry are approved in the house.

• The Cabinet and the administrative departments take the initiative of

preparing, defending and presenting the bill in the Parliament.
Power of Making Appointments

• The President appoints the high-power authorities on the recommendation

of the Cabinet Ministers.

• Such important authorities include Ambassadors, High Commissioners,

Attorney General of India, Governors of the States, Supreme Court and
High Court Judges and the members of the Union Public Service
Commission.

Other Powers

• Cabinet Ministers provide information to the public by answering questions

put to them by the members of the LokSabha.

• The special address of the President to the Parliament is prepared by the Cabinet.
 • The Cabinet Ministers is responsible for planning and implementing of
Amendments to the Constitution.

CENTRAL SECRETARIAT

Structure of secretariat

The Central Secretariat is a collection of various ministries and departments. A

ministry is responsible for the formulation of the policy of government within its
sphere of responsibility as well as for the execution and review of that policy. A
ministry, for the purpose of internal organisation, is divided into the following
subgroups with an officer in charge of each of them.

The lowest of these units is the section in charge of a Section Officer and consists of
a number of assistants, clerks, typists and peons. It deals with the work relating to the
subject allotted to it. It is also referred as the office. Two sections constitute the branch
which is under the charge of an und secretary, also known as the branch officer.

Functions

(1) Assisting the minister in the discharge of his policy making and parliamentaryfunctions.

(2) Framing legislation, rules and principles of procedure.

(3) Sect oral planning and programme formulation.

(4) Budgeting and control of expenditure in respect of activities of the Ministry/department.

(5) Securing administrative and financial approval to operational programme and their
subsequent modifications.

(6) Supervision and control over the execution of policies and programmes by the
executive departments or semi-autonomous field agencies.

(7) Imitating steps to develop greater personnel and organizational competence both
 in the ministry/department and its executive agencies.

(8) Assisting in increasing coordination at the Central level.

POWERS OF THE LOK SABHA

Lok Sabha is composed of representatives of the people chosen by direct election on the
basis of the adult suffrage. The maximum strength of the House envisaged by the
Constitution is 552, which is made up by election of up to 530 members to represent the
States, up to 20 members to represent the Union Territories and not more than two
members of the Anglo-Indian Community to be nominated by the Hon'ble President, if, in
his/her opinion, that community is not adequately represented in the House. The total
elective membership is distributed among the States in such a way that the ratio between
the number of seats allotted to each State and the population of the State is, so far as
practicable, the same for allStates.

Powers of the Lok Sabha

1. LegislativePowers:

(a) Any type of Bill can be introduced in the Lok Sabha. Laws in it can be framed on
any subject given on the Union List & the ConcurrentList.

(b) After the Bill is passed by the Lok Sabha, it is sent to the Rajya Sabha & it can
delay the Bill at the most for 6 months. If the Rajya Sabha rejects the Bill or does
not take any action over it for a period of six months, a joint sitting of the two
Houses of the Parliament is called & the majority vote decides the fate of theBill.
(c) The Joint Sitting is conducted according to the rules of Lok Sabha and is chaired
by Speaker of Lok Sabha. As the number of the members of the Lok Sabha is
larger than that of the Rajya Sabha so the Lok Sabha can get the Bills passed
according to its own wishes.

2. FinancialPowers:

(a) A money Bill can only be introduced in the Lok Sabha & not in the Rajya Sabha.
 If there is a difference of opinion whether a particular Bill is a money Bill or a
non-money Bill, the decision of the Speaker of the Lok Sabha will befinal.

(b) After a money Bill is passed by the Lok Sabha, it is sent to the Rajya Sabha. The
Rajya Sabha can delay the passage of a money Bill at the most for 14 days. The
Rajya Sabha may reject the Bill or may not take any action over the Bill for a period
of 14 days in both these conditions the Bill will be considered as passed. It will be
sent to the President & he gives his assent to theBill.

3. Control over the Executive:

(a) It is the Lok Sabha which controls the Executive. The leader of the majority party
in the Lok Sabha is generally the Prime Minister of the country. Most of the
ministers are also taken from the Lok Sabha. The Council of Ministers is
responsible to the Lok Sabha for all its action & policies. The members of the Lok
Sabha can criticise the functioning as of the Council ofMinisters.

(b) If the Lok Sabha passes a vote of no-confidence against the Council of Ministers,
the Council of Ministers will have toresign.

4. Judicial Powers:

The Lok Sabha can start impeachment proceedings against the President of India. It
investigates into the charges levelled against the Vice-President and gives the decision.
It along with the Rajya Sabha passes a resolution of the removal of the judges to the
High Court & the Supreme Court.

5. Electoral Function:

The Lok Sabha participates in the election of the President. It has also the right to
participate in election of the Vice-President. The Lok Sabha elects a Speaker & a
Deputy Speaker from amongst its members.

6. Amendment in the Constitution:

The resolution for amending the constitution can be introduced in the Lok Sabha. In
the field it enjoys equal powers with the Rajya sabha.

POWERS OF THE RAJYA SABHA

The Rajya Sabha or Council of States is the upper house of the Parliament of India.The
Rajya Sabha should consist of not more than 250 members - 238 members representing
the States and Union Territories, and 12 members nominated by the President. Rajya
Sabha is a permanent body and is not subject to dissolution. However, one third of the
members retire every second year, and are replaced by newly elected members. Each
member is elected for a term of six years. The Vice President of India is the ex-officio
Chairman of Rajya Sabha. The House also elects a Deputy Chairman from among its
members. Besides, there is also a panel of "Vice Chairmen" in the Rajya Sabha. The
senior most minister, who is a member of Rajya Sabha, is appointed by the Prime
Minister as Leader of theHouse.

1. Legislative Powers:

In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with
the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot
become a law unless passed by it.

In case of a deadlock between the two Houses of Parliament over an ordinary bill
and if it remains unresolved for six months, the President can convene a joint
sitting of the two Houses for resolving the dead lock.

This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is
passed in the joint sitting, it is sent to the President for his signatures. But if the
deadlock is not resolved, the bill is deemed to have been killed.

2. FinancialPowers:
In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be
introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money
bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration.

However, if within a period of 14 days, the Rajya Sabha fails to pass the bill, the
 bill is taken to have been passed by the Parliament irrespective of the fact whether
the Rajya Sabha has passed it or not.

If the Rajya Sabha proposes some amendments and the bill is returned to the Lok
Sabha, it depends upon the Lok Sabha to accept or reject the proposed
amendments.

3. Executive Powers:

“The Union Council of Ministers is collectively responsible before the Lok Sabha
and not the Rajya Sabha.” Lok Sabha alone can cause the fall of the Council of
Ministers by passing a vote of no-confidence.

Although the Rajya Sabha cannot remove the Ministry from its office yet the
members of the Rajya Sabha can exercise some control over the ministers by
criticising their policies, by asking questions and supplementary questions, and by
moving adjournment motions. Some of the ministers are also taken from the Rajya
Sabha. Now the Prime Minister can also be from Rajya Sabha if the majority party
in the Lok Sabha may elect/adopt him as its leader.

4. Amendment Powers:

Rajya Sabha and Lok Sabha can together amend the constitution by passing an
amendment bill with 2/3 majority in each House.

5. Electoral Powers:

The Rajya Sabha has some electoral powers also. The elected members of the
Rajya Sabha along with the elected members of the Lok Sabha and all the State
Legislative Assemblies together elect the President of India. The members of the
Rajya Sabha Lok Sabha together elect the Vice- President of India. Members of
the Rajya Sabha also elect a Deputy Chairman from amongstthemselves.
6. Judicial Powers:

• The Rajya Sabha acting along with the Lok Sabha can impeach the President on
 charges of violation of the Constitution.

• The Rajya Sabha can also pass a special address for causing the removal of a judge
of the Supreme Court or of any High Court.

• The charges against the Vice-President can be levelled only in the Rajya Sabha.

• The Rajya Sabha can pass a resolution for the removal of some high officers like
the Attorney General of India, Comptroller and Auditor General and Chief
Election Commissioner.

WHO IS THE GOVERNOR?

The Governor is the chief executive of a State in India. The governor heads the
government's executive branch in each state or territory and, depending on the
individual jurisdiction, may have considerable control over government budgeting, the
power of appointment of many officials (including many judges), and a considerable
role in legislation. The powers and functions of the Governor of Indian State resembles
that of the President of the Union Government. Like the President, the Governor is
also a constitutional ruler, a nominal figure. He is not a real functionary. Generally
speaking, the Governor acts on the advice of the Council of Ministers.

The Governor is appointed by the President of India. He holds office during the
pleasure of the President.

ROLE OF THE GOVERNOR

• There shall be a Governor for each state (Articles 153 of the Constitution ofIndia).
• The executive power of the State shall be vested in the Governor and shall be
exercised by him either directly or through officer‘s subordinate to him in
accordance with the Constitution of India (Article154)
• The Governor of a State shall be appointed by the President by warrant under
his hand and seal (Article155).
• A person to be eligible for appointment as Governor should be citizen of India
and has completed age of 35 years (Article157).
• The Governor shall not be a member of the Legislature or Parliament; shall not
hold any office of profit, shall be entitled to emoluments and allowances.
(Article158)
• Every Governor and every person discharging the function of the Governor
shall make a subscribe an oath or Affirmation (Article159).
• The President may make such a provision as he thinks fit for the discharge of
the functions of the Governor of a State in any contingency not provided for in
Chapter II of the Constitution. (Article160).
• The Governor shall have the power to grant pardons, reprieves, etc. (Article161).

• There shall be council of Ministers with the Chief Minister at the head to aid
and advise the Governor in the exercise of his functions except in so far as he
is by or under the Constitution required to exercise his functions or any
of them in his discretion. (Article163).
• The Governor appoints Chief Minister and
other Ministers. (Article164).

• The Governor appoints the Advocate General for the State. (Article165).
• All executive actions, of the Governor of a State shall be expressed to be taken
in the name of Governor. (Article166).
• The Governor shall from time to time summon and prorogue the House and
dissolve the Legislative Assembly. (Article174).
• The Governor may address the Legislative Assembly....; The Governor may
send messages to the House. (Article175).
• Special Address to the House by the Governor. (Article176).
• The Governor assents, withholds assent or reserves for the consideration of the
Bill passed by the Legislative Assembly. (Article200).
• The Governor shall in respect of every financial year cause to be laid before
the House a statement of the estimated receipts and expenditure. (Article202).
• No demand for a grant shall be made except on the recommendation of the
 Governor. (Article203(3)).
• The Governor shall ............ cause to be laid before the House another statement showing
estimated amount of expenditure. (Article 205).
• The Governor may promulgate the ordinances under certain circumstances.
(Article 213).
• The Governor is consulted for appointment of Judges of High Court. (Article217).

The Governor of the State, like the President, is entitled to specific powers. They are-

Legislative – affiliated with ordinance-making and State

Legislature; Executive – affiliated with administrative

appointments and discharge; Judicial – affiliated with power

to grant pardons and respites; Financial – authority over the

state budget and money bills; Discretionary – to be

exercised at the discretion of the Governor; Executive

Powers

• As per Article 154, the Constitution states that the executive power of the State shall
be vested in the Governor who can exercise them through directly or indirectly through
subordinate officers

• The State Government undertakes all executive action in the name of the Governor

• As per Article 164, the Governor has the power to appoint the Chief Minister of the
State, and upon the Chief Minister‘s recommendation, the appointment of other
ministers.

• The Governor appoints the Advocate General of the State, State Election
Commissioners and the chairman and members of the State Public Service
Commission. However, the Governor cannot remove the members of the State Public
 Service Commission as they can only be removed by an order of the President.

. • In States with bicameral legislature, the Governor can further nominate to the
Legislative Council persons with special knowledge or practical experience in matters
of literature, art, science, cooperative movement and social service.

Legislative Powers

• The Governor can summon, prorogue, defer or dissolve the State Legislative
Assembly, his decisions often taken in counsel with the Chief Minister and the Council
of Ministers.

• The Governor has the power to nominate 1/6th of the State Legislative Council.

• The Governor can nominate a member of the Anglo-Indian community to the

Legislative Assembly of the State, should he feel the community is under-represented
in Vidhan Sabha.

• As per Article 200, the Constitution confers the Governor with the power to assent,
withhold assent, return for reconsideration, or reserve for President‘s consideration
any Bill. But should the Vidhan Sabha send back a returned Bill to the Governor the
second time, then he has to sign it.

• As per Article 213 the Constitution of India confers the Governor the power to
promulgate an ordinance when the Legislative Assembly of the State is not in session.
Notwithstanding the immediate effect of the law, it must be presented in the next
session in the State Legislature, and unless approved, remains active for a six-week
period.

• The Governor lays reports of State Finance Commission, State Public Service
Commission and Comptroller and Auditor General relating to the account of the State
in the Legislative Assembly.

• The Governor inaugurates the State Legislature, outlining new administrative

policies of ruling government at the first session every year.
Financial Powers

• The Governor constitutes the Finance Commission to oversee financial positions of

Panchayats and Municipalities, and, in the case of any unforeseen circumstances, holds
the power to make advances out of the State Contingency Fund

• A prior recommendation of the Governor is necessary before the introduction of any

Money Bills or Demands for Grant

• The Governor ensures that the annual financial statement or State Budget is laid
before the State Legislature

Judicial Powers
• As per Article 161, the Governor can grant pardons, reprieves, respites or remission
of punishments, or suspensions, remittances or commutes of sentences of those
convicted of an offence to which the executive power of the State extends

• The Governor is consulted by the President, as well as the Chief Justice of India, in
the appointment of the Chief Justice to the High Court, judges of the High and District
Courts, their postings and promotions.

Discretionary Powers

• The Governor may recommend an imposition of the President‘s Rule on the

President‘s behalf, and in such circumstances, override the Council of Ministers and
directly handle the workings of the State.

• The Governor may exercise his function as the administrator of adjoining Union Territory.

• The Governor holds the power to select the Chief Minister should no political party
win a majority in the Vidhan Sabha of the state, or in the Chief Minister‘s demise
without any obvious successor.

CONSTITUTIONAL POSITION OF THE GOVERNOR

The Governor is the Constitutional head of the States. According to the Constitution,
whether a matter of his discretion, the decision of the Governor is final and the validity
of anything done by him as a matter of his discretion cannot be questioned. The State
Governor has constitutional discretion in the following cases:

1. Reservation of a Bill for the Consideration of the President;

2. Recommendation for the imposition of the President‘s Rule in the State;

3. Exercising his functions as the administrator of an adjoining union territory.
4. In the States of Assam, Meghalaya, Tripura and Mizoram the Governor
determines the amount payable to an autonomous Tribal District Council.
5. Seeking information from the Chief Minister with regard to the
administrative and legislative matters of the state. In addition to these, a
Governor may exercise his discretionary powers to meet political exigencies
in the following cases

6. Appointing the Chief Minister when no party has acquired clear cut majority
in the State Legislative Assembly and when the Chief Minister dies when in
office.

7. Dismissal of the Council of Ministers when they loose the confidence of the
State Legislative Assembly.

8. There are some other cases where the Governors of specific States may
Consult the Council of Minister headed by the Chief Minister but acts, in his
discretion, some of them may be cited as follows:

9. Maharashtra – establishment of separate development boards for Vidarbha

and Marathwada.

10. Assam – with respect to the administration of tribal areas.

11. Establishment of separate development boards of Kutch and Saurashtra in Gujarat.

12. Nagaland – observance of land and order so long internal disturbance on the
 Naga Hills continue etc.

These discretionary powers of the Governor make him more than a mere constitutional
head and enhance his powers in the State administration. These powers enable him to
act more as an agent of the Centre in State administration.
THE CHIEF MINISTER

Appointment

The Chief Minister is appointed by the governor. Art. 164 of the Constitution provides
that there shall be a Council of Ministers with the Chief Minister at its hand to aid and
advise the governor.

Once the election to the Legislative Assembly is over the task of forming the
government begins. The party with the majority in the Legislative Assembly (Vidhan
Sabha) is entitled to form the government. It is upon his recommendation that ministers
are appointed. However, some of the important powers and functions of the Chief
Minister are as under:

Powers and Functions of the Chief Minister

The Chief Minister holds a pivotal position in the working of the State Government.
He has enormous powers and vast responsibilities.

1. To Aid and Advice theGovernor

The Chief Minister is the link between the Cabinet and the Governor. It is he who
communicates to the Governor all decisions of the Council of Ministers. He has to
furnish such information relating to the administration of the State as the Governor
may call for.

The Governor can submit to the consideration of the Council of Ministers any matter
on which decision has been taken by a Minister but which has not been considered by
the Council of Ministers.
The Governor appoints a large number of top officials of the State. He also summons
and prorogues the sessions of State Legislature. All such powers are exercised by the
Governor on the advice of the Chief Minister. The Chief Minister, however, has no
right to give advice to the Governor in relation to the functions which he exercises in
his discretion.

2. The Chief Minister is at the Head of the Council of Ministers

As Head of the State Cabinet, the Chief Minister enjoys the following powers:
(i) Formation of the Ministry:
The other Ministers are appointed by the Governor on the advice of the Chief Minister.
The Chief Minister has a free hand in preparing the list of his colleagues. The Governor
may suggest the names of the persons to be included in the Ministry, but he cannot
insist upon any person to be included in the Ministry. Assigning departments or
portfolios to the Ministers is done by the Governor on the advice of the Chief Minister.

(ii) Removal of Ministers:

The Ministers hold office during the pleasure of the Governor. This, however, does
not mean that the Governor can dismiss his Ministers at his will. The Government is
in fact dependent on the Chief Minister. Therefore, the Chief Minister can reconstruct
his Ministry as and when he likes. He may ask anyone of his colleagues to resign. If
he declines, he will be dismissed by the Governor.

(iii) The Chief Minister Presides over the Meetings:

As Chairman of the Cabinet, the Chief Minister has a position which enables him to
impose his decision. It ‗is he who controls the agenda for the Cabinet meetings. It is
for the Chief Minister to accept or reject proposals for Cabinet discussion.

(iv) Co-ordinates the Working of various Departments:

The Chief Minister supervises and coordinates policies of the several Ministers and
Departments. Several ministries are involved in the formulation and implementation
of a policy.
 The Chief Minister must bring these activities into reasonable relationship with one-
another. In matters of public order, roads and bridges agriculture, land revenue and
production, supply and distribution of goods, he plays a special role in directing the
policy of the Government.

3. The Chief Minister is the Leader of theHouse

The Chief Minister is the leader of the State Legislative Assembly. All principal
announcements of policy are made by him. The Chief Minister intervenes in debates
of general importance. He can appease an angry House by promising immediate relief
or concessions when needed.
Position of the Chief Minister

The Chief Minister‘s position is pre-eminent in the State governmental system. In

practice, his position will be imposing only when his party commands a clear majority
in the State Legislature.

When it is a coalition government, it becomes difficult to safeguard the principle of

collective responsibility also. Much of the time and energy of the Chief Minister will,
in that case, be wasted on keeping his team united and sufficiently disciplined.

STATE LEGISLATURE

The Constitution of India provides for a legislature in each State and entrusts it with
the responsibility to make laws for the state. However, the composition of a state
Legislature can be different in different states. It can be either bicameral or unicameral.
Presently, only six states (Andhra Pradesh, Telangana, Bihar, J&K, Karnataka,
Maharashtra and UP) have bi- cameral legislatures. Twenty-two States and Two Union
Territories (Delhi and Puducherry) have unicameral Legislatures.

In case of a bicameral state legislature, the upper house is known as State Legislative
Council (Vidhan Parishad) and the lower house as the State Legislative Assembly
(Vidhan Sabha). Where there is only one House of the State Legislature, it is known
 as the State Legislative Assembly. Orissa has a unicameral legislature with Orissa
Legislative Assembly as its all-powerful house.

Organization of a State Legislature

(A) State Legislative Assembly (Vidhan Sabha)

The State Legislative Assembly, popularly known as Vidhan Sabha, is the lower,
directly elected, popular and powerful house of the state legislature. Its membership is
in proportion to the population of the state and hence it differs from state to state. The
members are directly elected by the people of the state through a secret ballot, simple
majority vote victory and single member territorial constituency system. Telangana
Legislative Assembly has 119 members.
A citizen of India, who is not less than 25 years of age and who fulfils every other
qualification as laid down by a law can become its member by winning an election
from any constituency in the state. However, no person can simultaneously be a
member of two Houses of the Parliament or of any other StateLegislature.

The normal term of Legislative is 5 years. However, it can be dissolved by the

Governor at any time. It can be suspended or dissolved when an emergency under Art.
356 is proclaimed in thestate.

(B) State Legislative Council (Vidhanparishad)

At present only 7 States — Andhra Pradesh, Telangana, Bihar, J&K, Karnataka,

Maharashtra and UP —have Legislative Councils. The popular name of the State
Legislative Council is Vidhan Parishad. The total membership of a Legislative council
cannot be normally less than 40 and more than l/3rd of the total membership of the
State Legislative Assembly.

Andhra Pradesh Vidhan Parishad has 58 members, Telangana Vidhana Parishad 40,
UP Vidhan Parishad 100, Maharashtra Vidhan Parishad 78, J&K Vidhan Parishad 36,
Bihar Vidhan Parishad 75 and Karnataka Vidhan Parishad 75 members. The
 membership of Vidhan Parishad includes elected as well as nominated representatives
from several types of constituencies.

The following formula is used:

(i) 1/3rd members are elected by the members of State LegislativeAssembly.

(ii) 1/3rd members are elected by local bodies of thestate.

(iii) 1/12th members are elected by teachers of at least three years standing, serving
educational institutions of thestate.

(iv) 1/12 members are elected by state university graduates of not less than three years-
standing.

(v) 1/6th members are nominated by the Governor of thestate.

Any citizen of India who is not less than 30 years of age, who possesses all the
qualifications as laid down by the Parliament, who is not a member of any other
legislature or Union Parliament can become a member of the State Legislative Council
either by winning an election or by securing Governor‘s nomination. Legislative
council is a semi-permanent House. It is never dissolved as a whole. 1/3rd of its
members retire after every 2 years. Each member has a term of 6years.

POWERS AND FUNCTIONS OF STATE LEGISLATURE

Each State Legislature exercises law-making powers over the subjects of the State List
and the Concurrent List. In case a state has a unicameral legislature, i.e., in case it has
only State Legislative Assembly, all the powers are exercised by it. However, even in
case it is a bicameral state legislature with state Legislative Council (Vidhan Parishad)
as the upper house and state Legislative Assembly as the lower house, almost all the
powers are exercised by the latter. The Legislative Council plays only a secondary and
minorrole.
Powers of State Legislature

1. Legislative Powers:

The State Legislature can make laws on the subjects of the State List and the
Concurrent List. It can enact any bill on any subject of State List, which becomes an
Act with the signatures of the Governor. Normally, the Governor acts as a nominal
and constitutional head and as such follows the advice of the State Chief Minister and
his Council ofMinisters.

However, he can reserve some bills passed by the State Legislature for the approval of
the President of India. Further, in case a law made by the State Legislature on a
concurrent subject comes into conflict with a Union Law on the same subject, the latter
gets precedence over the former. In ordinary law-making, both the Houses (Legislative
Assembly and Legislative Council wherever these exist together) have co-equal
powers. In practice the Legislative Assembly dominates the law-making work. Most
of the non-money ordinary bills are introduced in the Legislative Assembly and it plays
a major role in their passing. The Legislative Council acts only as a revising and
delaying second chamber.
A bill passed by the Legislative Assembly and rejected by the Legislative Assembly
or not decided upon by the latter within 3 months, when re-passed by the Legislative
Assembly becomes an Act after the expiry of one month from the date on which it was
sent to the Legislative Council a second time.

A bill first passed by the Legislative Council becomes an Act only when it gets the
approval of the Legislative Assembly. Thus, Legislative Council can only delay the
passing of an ordinary bill by a maximum of 4 months. In case the State Legislature is
a unicameral body, all the law- making powers are exercised by the Legislative
Assembly.

2. FinancialPowers:

The State Legislature has the power to levy taxes in respect of all subjects of the State
List. It is the custodian of the finances of the state. Revenue can be collected or tax can
be levied or collected by the state government without the consent of the State
Legislature. The budget and all other financial policies and programmes of the state
government become operational only after getting an approval from the State
Legislature.

However, in emergencies declared under Articles 352, or 356 or 360, the financial
powers of the state become subordinate to the Union. When the state is under a
constitutional emergency (Art. 356), the State Legislature stands either suspended or
dissolved. In this situation, the financial powers for the state are exercised by the Union
Parliament.

When a State Legislature is unicameral, all the financial powers are naturally exercised
by the Legislative Assembly. However, even when it is bi-cameral, the real financial
powers are in the hands of the Legislative Assembly. A money bill can be introduced
only in the Legislative Assembly and after passage it goes to the Legislative Council.

The latter can delay its passage for only 14 days. In case, it rejects or amends the bill,
the decision of the Legislative Assembly prevails. When the Legislative Council
returns a financial bill to the Legislative Assembly with some amendments, it is the
power of the Legislative Assembly to accept or reject these. Thus, in respect of
financial powers, the real authority is in the hands of the State Legislative Assembly.

3. Power to control the Executive:

Control over the State Council of Ministers is exercised by the State Legislative
Assembly. Little role has been assigned to the State Legislative Council. The State
Chief Minister is the leader of majority in the State Legislative Assembly. The State
Council of Ministers is collectively responsible before the Legislative Assembly.

The latter can cause the fall of the ministry by passing a vote of no-confidence or by
rejecting a bill or policy or budget sponsored by the Council of Ministers. The State
Legislative Council can exercise only a limited control over the ministry by putting
 questions and supplementary questions to the ministers.

4. Other Powers:

The State Legislature, particularly its Legislative Assembly, exercises several other
powers. The elected members of the Legislative Assembly (MLAs) participate in the
election of the President of India. They also elect representatives of the state in the
Rajya Sabha. Certain constitutional amendments can be made by the Union Parliament
only with the ratification by at least half of the State Legislatures.

The state legislature considers the reports of the State Public Service Commission,
State Auditor General, and others. It also acts as a forum for ventilation of the
grievances of the people. The State Legislative Assembly has the right of adopting a
resolution for the creation or abolition of the State Legislative Council.

LOCAL SELF-GOVERNMENTS - CONSTITUTIONAL PROVISIONS

Local self-government in India refers to governmental jurisdictions below the level of

the state. India is a federal republic with three spheres of government: central (union),
state and local. The 73rd and 74th constitutional amendments give recognition and
protection to local governments and in addition each state has its own local
government legislation. Since 1993, local government in India takes place in two very
distinct forms. Urban localities, covered in the 74th amendment to the Constitution,
have Nagar Palika (urban local governments such as Nagara Panchayats, Muncipalities
and Muncipal Corporations) but derive their powers from the individual state
governments, while the powers of rural localities have been formalized under the
panchayati rajsystem, under the 73rd amendment to the Constitution.
73rd and 74th Constitutional Amendments

73rd and 74th Constitutional Amendments were passed by Parliament in December,

1992. Through these amendments local self-governance was introduced in rural and
urban India. The Acts came into force as the Constitution (73rd Amendment) Act,
1992 on April 24, 1993 and the Constitution (74th Amendment) Act, 1992 on June 1,
 1993. These amendments
addedtwonewpartstotheConstitution,namely,73rdAmendmentaddedPartIXtitled―The
Panchayats‖and 74th Amendment added Part IXA titled ―The Municipalities‖. TheLocal
bodies–
‗Panchayats‘and‗Municipalities‘cameunderPartIXandIXAoftheConstitutionafter 43
years of India becoming arepublic.

Salient Features of the 73rd and 74th Constitution Amendment Acts

Panchayats and Municipalities will be ―institutions of self-government‖.

1. Basic units of democratic system-Gram Sabhas (villages) and Ward Committees

(Municipalities) comprising all the adult members registered asvoters.

2. Three-tier system of panchayats at village, intermediate block/taluk/mandal and district

levels except in States with population is below 20 lakhs (Article243B).

3. Seats at all levels to be filled by direct elections [Article 243C(2)].

4. Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and
chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in
proportion to their population.

5. One-third of the total number of seats to be reserved for women. One third of the seats
reserved for SCs and STs also reserved for women. One-third offices of chairpersons at
all levels reserved for women (Article243D).

6. Uniform five-year term and elections to constitute new bodies to be completed before
the expiry of the term. In the event of dissolution, elections compulsorily within six
months (Article243E).

7. Independent Election Commission in each State for superintendence, direction and

control of the electoral rolls (Article243K).
8. Panchayats to prepare plans for economic development and social justice in respect of
subjects as devolved by law to the various levels of Panchayats including the subjects as
illustrated in Eleventh Schedule (Article243G).
 9. 74th Amendment provides for a District Planning Committee to consolidate the plans
prepared by Panchayats and Municipalities (Article243ZD).

10. Funds: Budgetary allocation from State Governments, share of revenue of certain
taxes, collection and retention of the revenue it raises, Central Government programs and
grants, Union Finance Commission grants (Article243H).

11. Establish a Finance Commission in each State to determine the principles on the basis
of which adequate financial resources would be ensured for panchayats and municipalities
(Article 243I).
Types of Local Self Government
There are mainly two types of local self-governments in India.

1. The Village local self-government or Local self-government in Rural areas and

2. The Municipal self-government or Local self-government in Urban areas .

Village local self government

The village local self-government is the village or gram-Panchayats. The Zilla Parishad also belongs
to this category. Gram Panchayat is an excellent example of Democratic set-up of India.

The elected representative of Gram Panchayat is known as Sarpanch. There is also a reservation of
women in Gram Panchayats.

The main source of revenue of Gram Panchayat includes property and other taxes, and grants from the
State government and Zilla Parishad.

The functions of Gram Panchayat includes:

• supply of water,
• construction, repair and maintenance of roads,
• lighting of roads,
• public health, hygiene and sanitation,
• development of agricultural activities, etc.

Municipal local self government

Municipal local self-governments are the governing bodies of urban areas. Example includes, Kolkata
Municipal Corporation, the municipalities of the small size cities, the Kolkata Metropolitan
Development Authority, various town or city Improvement Trusts, the Port Trust, the Cantonment
Board of the army, etc.

The functions of Municipal corporation and municipalities includes town-planning, water-supply,

road, preventive healthcare and hygiene, street-lighting, etc.

In India, the local self-government institutions are of both the Indian and the Western types. The
Village Panchayats (or Gram Panchayat) system is purely an Indian concept and the Zilla Parishads
are also mainly of Indian origin. But the concepts of other aforesaid local self-government institutions
are mainly borrowed from the West.

Importance Of Local Self Government In India

The success of democracy depends on the decentralization of power. Through this system of local self-
government, people can obtain their democratic rights. Through this system, power can be properly
decentralized and every individual can get the scope to develop his or her personality fully and
properly.

The local self-governmental institutions are the best centers for imparting democratic thoughts and
education. People prefer democracy because they want to live in an environment of equality and liberty.

The local self-government creates that scope for enjoying democracy. It is through these local self-
governments that the local problems can be considered and solved adequately and properly. It also
reduces the heavy responsibilities of the central and the state governments and establishes democracy
in a wider context.

Since the members of the local self-government are local people, they can realize and understand the
gravity of local problems more seriously than the administrators of the State or Central government
and can properly solve them.

In local self government, the members have close and intimate contact with the local people. Naturally,
it remains rather free from corruption and acts with real social welfare motif.

To implement various economic planning in local and regional levels the local self-government
institutions are far more helpful than the state or central government. It also inspires the local people
to actively participate in various governmental activities.

The Local Self-government generally unites the people with democracy and encourages them to
participate in its activities without any bias or prejudice. Naturally, it can consolidate the political
values and faith of ordinary people and thereby influences the political activities and political culture
of the people.

Moreover, both the central and the state governments can make various administrative experiments
through these local self-governments.
It thus, enables the ordinary people to take part or make active participation in the lowest level of
administration. Naturally, the political socialization of local people becomes possible.

Moreover, the local self- government is conducive to equality and liberty and the perfect medium for
satisfying the needs and grievances of the people at local and regional level.

Panchayati Raj System

Rural local government is popularly known as Panchayati Raj. Each village, or a group of villages
in some States, has a gram panchayat. This is a council consisting of several ward members, often
called panch, and a president or sarpanch. They are directly elected by all the adult population
living in a village or ward. Gram Panchayat is the decision-making body for the entire village.
The Panchayat works under the overall supervision of the Gram Sabha. All the voters in the
village are its members. It has to meet at least twice or thrice in a year to approve the annual budget
of the gram panchayat and to review the performance of the Gram Panchayat.
When Gram Panchayat are grouped together, they form a Panchayat Samiti or Block or Mandal.
The member of Panchayat Samiti representative are elected by all the Panchayat members in that
area.
All the Panchayat Samitis or Mandals in a district together constitute the Zilla (district) Parishad.
Members of the Lok Sabha, MLAs of the district, some other officials of other district-level bodies
are the members of Zilla Parishad.
Municipalities

As Gram Panchayat is for Rural areas, similarly we have Municipalities for urban areas. Big cities
are constituted into Municipal Corporations. Both Municipalities and Municipal Corporations are
controlled by elected bodies consisting of people’s representatives. The Municipal Chairperson is
the political head of the Municipality. In a Municipal Corporation such an officer is called the
Mayor.
This new system of local government is the largest experiment in democracy conducted anywhere
in the world. Constitutional status for local government has helped to deepen democracy in our
country. It has also increased women’s representation and voice in our democracy.