• It was in 1934 that the idea of a Constituent Assembly for India was put forward for the first time by M.N. Roy.

• In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the constituent of India.

• The demand was finally accepted in principle by the British Government in what is known as the ‘August Offer’ of 1940.

COMPOSITION OF THE CONSTITUENT ASSEMBLY

The constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. The features of the scheme were:

1. The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the Princely States. Out of 296 seats allotted to the British India’ 292 members were to be drawn from the eleven government’s provinces and four from the four chief commissioners’ provinces, one from each

2. Each province and princely state (or group of states in Case of small states) were to be allotted seats in proportion to their respective population. Roughly, one seat was to be allotted for every million population.

3. Seats allocated to each British province were to be decided among the three principal communities-Muslims, Sikhs), in proportion to their population.

4. The representatives of princely states were to be nominated by the heads of the princely states.

WORKING OF THE CONSTITUENT ASSEMBLY

• The constituent Assembly held its first meeting on December 9, 1946.

• The meeting was attended by only 211 members. Dr Sachchidanand Sinha, the oldest member, was elected as the temporary president of the Assembly following the French practice.

• Later, on December 11, 1946, Dr Rajendra Prased and H C M Mukherjee were elected as the president and vice-president of the Assembly respectively.

• Sir B N Rau was appointed as the Constitutional advisor to the Assembly.

Objectives Resolution

On December 13, 1946. Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. It read:

This Resolution was unanimously adopted by the Assembly on January 22, 1947.

Other main point

1. The national flag was adopted on July22, 1947.

2. It adopted the national anthem on January 24, 1950.

3. It adopted the national song on January 24, 1950.

4. It elected Dr Rajendra Prasad as the first President of India on January 24, 1950.

5. In all, the constituent Assembly had 11 sessions over two years, 11 months had 18 days.

6. The constitution-makers had gone through the constitutions of about 60 countries, and the Draft Constitution was considered for 114 days.

7. The total expenditure incurred on making the Constitution amounted to Rs 64 lakh.

8. On January 24, 1950, the constituent Assembly held its final session. It however, did not end, and continued as the provisional Parliament of India from January 26, 1950 till the formation of new Parliament after the first general elections in 1951-52.

 Constituent Assembly framed 13 important committees for framing the constituent. The most important committee was ‘Drafting Committee’.

Drafting Committee

Among all the committees of the constituent Assembly, the most important committee was the Drafting Committee set up on August 29, 1947. It was this committee that was entrusted with the task of preparing a draft of the new Constitution. It consisted of seven members. They were:

1. Dr B.R. Ambedkar (Chairman).

2. N. Gopalaswamy Ayyangar.

3. Alladi Krishnawamy Ayyar.

4. Dr K. M. Munshi.

5. Syed Mohammad Saadullah.

6. N.Madhava Rau (He replaced B. L. Mittal who resigned due to ill-health.)

7. T. T. Krishnamchari. (He replaced D.P. Khaitan who died in 1948.)

The salient features of the Constitution, as it stands today, are as follows:

• Lengthiest Written Constitution

Constitutions are classified into written form, like the American Constitution, or unwritten form, like the British Constitution. The Constitution of India is the lengthiest of all the written constitutions of the world. It is a very comprehensive, elaborate and detailed document.

• Drawn From Various Sources

The constitution of India has borrowed most of its provisions from the constitutions of various other countries.

• Blend of Rigidity and Flexibility Constitutions are also classified into rigid and flexible. A rigid constitution is one that requires a special procedure for its amendment, as for example, the American Constitution. A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution.

The constitution of India is neither rigid nor flexible but a synthesis of both.

• Parliamentary Form of Government

The constitution of India has opted for the British Parliamentary System of Government rather than American Presidential System of Government. The parliamentary system is based on the principle of cooperation and co-ordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs.

• Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The doctrine of sovereignty of parliament is associated with the British Parliament while the principle of Judicial Supremacy is associated with that of the American Supreme Court.

Just as the Indian Parliamentary System differs from the British system, the scope of judicial review power of the Supreme court in India is narrower than that of what exists in US. This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).

• Integrated and Independent Judiciary

The Indian Constitution establishes a judicial System that is integrated as well as independent.

The supreme court stand at the top of the integrated Judicial System in the country. Below it there are High Courts at the state level. Under a High Court, that single system of courts enforces both the central laws as well as the state law, where the federal laws are enforced by the Federal Judiciary and the state laws are enforced by the State Judiciary.

• Fundamental Rights

Part III of the Indian Constitution guarantees fundamental rights to all the citizens:

a. Right to Equality (Articles 14-18).

b. Right to Freedom (Article 19-22).

c. Right against Exploitation (Article 23-24).

d. Right to freedom of Religion (Article 25-28).

e. Cultural and Educational Rights (Article 29-28),

f. Right to constitution Remedies (Article 32).

The Fundamental Rights are meant for promoting the idea of political democracy.

• Directive Principles of State Policy.

According to Dr B R Ambedkar, the directive Principles of State policy is a ‘novel feature’ of the Indian Constitution. They are enumerated in part IV of the constitution. They can be classified into three broad categories- Socialistic, Gandhian and Liberal-intellectual.

The directive principles are meant for promoting the ideal of social and economic democracy. The seek to establish a ‘welfare state’ in India.

• Fundamental Rights

The original Constitution did not provide or the fundamental duties of the citizens. These were added during the operation of internal emergency (1975-77) by the 42nd constitution Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. The 86th constitutional Amendment Act of 2002 added one more fundamental duty.

• Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and the State Legislative Assemblies. Every citizen who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth, and so on. The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988.

• Single Citizenship

Though the Indian Constitution is federal and envisages dual polity (centre and States), it provides for only a single citizenship, that is, the Indian citizenship.

In countries like USA, on the other hand, each person is not only a citizen of USA but also a citizen of the particular State to which he belongs. Thus, he owns allegiance to both and enjoys dual sets of rights- one conferred by the National government and another by the State government.

In India, all citizens irrespective of the State in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them excepting a few cases like tribal areas, Jammu Kashmir, and so one.

• Three-tier Government

Originally, the Indian Constitution like any other federal constitution provided for a dual polity and contained provisions with regard to the organization and powers of the Centre and the States. Later, the 73rd and 74rd Constitutional Amendment Acts (1992) have added a third-tier of government (i.e., local) which is not found in any other Constitution of the world.

The 73rd Amendment Act of 1992 gave Constitutional recognition to the Panchayats (rural local governments) by adding a new part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave Constitutional. Recognition to the municipalities (Urban local governments) by adding a new part IX-A and a new Schedule 12 to the Constitution.

It is a preface or the introduction of the Constitution. It is not an integral part of Constitution. The interpretation of constitution is based on the spirit of preamble.

The preamble of the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, are adopted by the constituent Assembly. It has been amended by the 42nd constitutional Amendment Act (1976), which added three new words-Socialist, Secular and integrity.

TEXT OF THE PREAMBLE

“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:

JUSTICE, Social, ECONOMIC and Political:

LIBERTY of throught, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to remote among them all;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OUESELVES THIS CONSTITUTION”,

KEY WORDS IN THE PREAMBLE

1. Sovereign The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent State. There is no authority above it, and it is free to conduct its own affairs (both internal and external). Being a Sovereign State. Indian can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.

2. Secular The term ‘secular’ too was added by the 42nd Constitution Amendment Act of 1976. However, as the Supreme Court said in 1974, although the words ‘Secular State’ were not expressedly mentioned in the Constitution there can be no doubt that Constitution-makers wanted to establish such a State and according Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the Constitution.

The Indian Constitution embodies the Positive concept of Secularism ie, all religions in our country have the same status and support from the state10.

3. Democratic A democratic polity, as stipulated in the preamble, is based on the doctrine of popular Sovereignty, that is, possession of Supreme power by the people.

The Indian Constitution provides for representative parliamentary Democracy under which the Executive is responsible to the Legislative for all its policies and actions. Universal adult franchise, periodic elections, rule of law, independence of Judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.

The term ‘democracy is used in the preamble in the broader sense embracing not only political democracy but also Social and Economic democracy.

4. Republic A Democratic Polity can be classified into two categories-Monarchy and Republic. In a Monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, eg, Britain. In a Republic, on the other hand, the head of the State is always elected directly or indirectly for a fixed period, e, USA.

Therefore, the term ‘Republic’ in our Preamble indicates that India has an elected head called the President. He is elected indirectly for a fixed period of five years.

A Republic also means two more things: one vesting of political Sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

5. Justice The term ‘Justice’ in the preamble embraces three distinct forms-Social, Economic and Political, secured through various provisions of Fundamental rights and Directive Principles.

Social Justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs and OBCs) and women.

Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property.

6. Liberty The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.

The preamble secures to all citizens of India liberty of through, expression, belief, faith and worship, through their Fundamental Rights, enforceable in court of law, in case of violation.

7. Equality The term ‘equality’ means the absence of special privileges to any section of the society and the provision of adequate opportunities for all individuals without any discrimination.

The preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimension of equality-Civic, political and Economic.

The following provisions of the chapter on Fundamental Rights ensure civic equality:

a. Equality before the law (Article 14).

b. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

c. Equality of opportunity in matters of public employment (Article 16).

d. Abolition of untouchability (Article 17).

The directive principles of State policy (Article 39) secures to men and women equal pay for equal work.

8. Fraternity Fraternity means a sense of brotherhood. The Constitution promotes this feeling of fraternity by the system of single citizenship. Also the Fundamental Duties (Article 51-A) say that it shall be the duty of every citizen of common brotherhood amongst all the people of India transcending religious, linguistic regional or sectional diversities.

• Article 1 says, “India, that is Bharat, shall be a Union of States”.

• Union of India includes only the States which share federal powers with the Centre.

• The expression Union of India deeds to be distinguished from the expression “Territory of India’.

• While the Union of India includes only the States which share federal powers with the Centre, Territory of India includes the entire territory over which the Sovereignty of the country is exercised.

FORMATION OF NEW STATES

• Article 3 deals with the formation of a new State out of the territories of the existing States.

• Parliament, under Article 3, can increase or diminish the area of any State or alter the boundaries or change the name of any State.

• The Indian Constitution empowers the parliament to alter the territory or names, etc, of the States without their consent or concurrence.

• Thus, it is clear that the very existence of a State depends upon the sweet will of the centre.

• By a simple majority and by ordinary Legislative process, parliament may from a new state or alter the boundaries etc of the existing States and thereby, can change the Political map of India.

PART I: The Union and its Territory

ARTICLE

1. Name and territory of the Union.

2. Admission or establishment of new States.

3. Formation of new States and alteration of areas, boundaries or names of existing States.

4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and Supplemental, incidental and consequential matters.

The Articles 2,3 and 4 thus demonstrate the flexibility of the Indian Constitution.

Procedure for creation of new states

• Parliament can form new states, alter the area, boundaries or names of the existing States by a law passed by a simple majority.

• The president, before introducing the Bill in the Parliament, shall refer it to the concerned State Legislature for its opinion within a specified time limit.

• If the State Legislative does not give its opinion within the specified time limit, the time limit may be extended.

• The bill may be introduced even if the opinion has not come.

• The parliament is not bound to accept or act upon the views of the State legislature.

• It is not necessary to make fresh reference to the State Legislature every time on an amendment to the bill, proposed and accepted.

Reorganization of States: Background.

• The constituent Assembly appointed the S.K. Dhar Commission in November 1947 to study the issue of the reorganization of the States on linguistic basis.

• The Congress, in its Jaipur session in 1948 appointed a three member committee to consider the recommendations of the Dhar Commission.

• The committee is popularly known as the JVP Committee after the names of its three members- Jawaharlal Nehru, Vallabh Bhai Patel and Pattabhi Sitarammaiah.

• The committee rejected language as the basis for the reorganization of the States.

• To make an exhaustive study of the problem, the Government of India set up the State Reorganization Commission in 1953 which was headed by Fazal Alia.

Part II: Citizenship

ARTICLE

5. Citizenship at the commencement of the constitution.

6. Rights of citizenship of certain persons who have migrated to India from Pakistan.

7. Rights of citizenship of certain migrants to Pakistan.

8. Rights of citizenship of certain persons of Indian origin residing outside India.

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

10. Continuance of the rights of citizenship.

11. Parliament to regulate the right of citizenship by law.

• A citizen is a person who enjoys full membership of the community or state in which he lives or ordinarily lives.

• Citizens are different from aliens, who do not enjoy all the rights which are essential for full membership of a State.

• In exercise of its power, the parliament enacted the Indian citizenship Act, 1955, which was subsequently amended in 1986.

• The Act provides for the acquisition of Indian citizenship after the commencement of the Constitution in five ways, i.e. birth, descent, registration naturalization and incorporation of territory.

By birth: Every person born in India on or after 26 January 1950, shall be a citizen of India by law of soil(Jus Soli), provided either or both of his/her parents are citizens of India at the time of his/her birth.

By descent: Broadly, person born outside India on or after January 26, 1950, is a citizen of India by descent if his/her either of the parents is a citizen of India at the time of that person’s birth i.e. law of blood (jus sanguine).

By registration: The prescribed authority may, on application, register as a citizen of India, any person who is not a citizen by virtue of Constitution or the provisions of the Citizenship Act.

This made of acquiring citizenship is available to any of the following categories.

a. Persons of Indian origin who are ordinarily resident in India for 7 years immediately before making an application for registration.

b. Persons of Indian origin who are ordinarily resident in any country or place outside India.

c. Women who are, or have been married to citizens of India.

d. Minor children of persons who are citizens of India.

e. Persons of full age and capacity who are citizens of a country mentioned in the first schedule.

By naturalization: citizenship by naturalization can be acquired by making an application in the prescribed manner. To qualifications for naturalization are the following:

a. He must be a person of full age and capacity .

b. He must not be a citizen of a country where Indian citizens are prevented from becoming citizens by naturalization.

c. He has renounced the citizenship of the other country.

d. He must take an oath of allegiance.

e. He is of a good character.

f. He has adequate knowledge of a language recognized by the Constitution.

By incorporation of territories: if any new territory becomes a part of India, after a popular verdict, the Government of India shall specify the person of that territory to be the citizen of India.

In India, there is single citizenship i.e. citizenship of India. A citizen is an individual who enjoys all the rights given by the law, available in the country.

Art. 11 says that the parliament will regulate.

Termination of citizenship

The citizenship act, 1955 also lays down three modes by which an Indian citizen may lose his’ her citizenship. These are renunciation, termination and depreivation.

• Part III of the constitution contains a long list of the Fundamental Rights.

• The most Striking difference between the Government of India Act. 1935 and the present Constitution is the presence of the Fundamental Rights in the later.

• This chapter of the Constitution has been described as the Magna Carta of India.

• They are the Limitations upon all the powers of the Government, legislative as well as Executive.

• These rights are regarded as Fundamental, because they are most essential for the attainment by the individual his/her full intellectual, moral and spiritual status.

Classification of Fundamental Rights

There are six groups of Fundamental Rights

1. Right to Equality (Art 14-18)

2. Right to Freedom (Art. 19-22)

3. Right against Exploitation (Art. 23 and 24)

4. Right to Freedom of Religion (Art. 25-28)

5. Cultural and Educational Rights (Art. 29 and 30)

6. Right to constitutional Remedies (Art. 32)

PART III: Fundamental Rights

ARTICLE

General

12 Definition.

13 law inconsistent with or in derogation of the fundamental rights

Right to Equality

14 Equality before law.

15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth:

1. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-

a. Access to shops, public restaurants, hotels and place of public entertainment; or

b. The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or party out of State funds or dedicated to use of the general public.

2. Nothing in this article shall prevent the State from making any special provision for women and children.

3. Nothing in this article or in clause of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationaly backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

16 Equality of Opportunity in matters of public employment:

1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

2. No citizen shall, on grounds only of religious race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state.

3. Nothing in this article shall prevent parliament from making any law prescribing in regard to a class or classes of employment or appiontment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or uinion territory prior to such employment or appiontment.

4. Nothing in this article shall prevent the State from amking any provision for the reservation or appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the State.

5. Nothing in this article shall affect the operation of any law which provides that with the affairs of any religious or denominational institution or any member of the governing body there of shall be a person professing a particular religion or belonging to a particular denomination.

17 Abolition of Untouchability.

18 Abolition of titles.

Rights to Freedom

19. protection of certain rights regarding freedom of Speech, etc.

20. Protection in respect of conviction for offences.

21. protection of life and personal liberty.

22. Protection against arrest and detention in certain cases.

Right against Explotiation

23. prohibition of traffic in human beings and forced labour.

24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25 Freedom of conscience and free profession, practice and propagation of religion.

26. Freedom to manage religious affairs.

27. Freedom as to payment of taxes for promotion of any particular religion.

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

29. Protection of interest of minorities.

30. Right of minorities to establish and administer educational institutions.

Saving of Certain Laws

31 [Repealed]

31 A Saving of laws providing for acquistion of astates, etc.

31 B validation of certain Acts and Regulations.

31 C Saving of laws giving effect to certain directive principles.

31 D [Repealed.]

Right to constitutional Remedies

32 Remedies for enforcement of rights conferred by this part.

32 A [Repealed.]

33 restriction on rights conferred by this part while martial law is in force in any area.

34 Legislation to give effect to the provisions of this part.

IMPORTANT FACTS:

• Article 17 and Article 24 are the only absolute rights.

• Article 13 provides for the Judicial Review of all the Legislations in India.

• The concept of th Judicial Review is taken from the Constitution of the US.

AMENDABILITY OF THE FUNDAMENTAL RIGHTS

This is a controversial question right from beginning that fundamental rights are amendable or not. Intially the Supreme Court of India gave the judgement that the fundamental right are amendable like any other part of Constitution but in 1967 in the famous Golknath case that fundamental rights are fundamental in nature. Hence they can’t be amended. But in 1973 in the Keshavanand Bharti case, Supreme Court reversed its previous decision and said that the fundamental rights of part-III are amendable provided the basic structure of the Constitution should not be affected.

• Article 36 to 51 deal with the provision of the Directive Principles which are contained in Part IV of the Constitution.

• This novel feature of the Constitution has been adopted from the Constitution of the ireland.

• This concept is the latest development in the Constitutional Government throughout the World, with the growing acceptance of a ‘Welfare State’.

• They are in the nature of directions or instructions to the State.

• Article 37 says that Directive principles are not justiciable but are fundamental to the Governance of the Country, and the State has the duty in appliying the Directive Principle of State Policies (DPSPs).

• The reason for making the DPSPs explicity unjusticiable are that they require resources which the State may not have at present.

Directive Principles Mentined in Other Parts:

Article 335: It says that the claims of SC/ST shall be taken into consideration, consistently with the maintenance of effeciency of administration, in the making of appointments to services and posts in connection with affairs of the Union or of a State.

Article 350 (A)s: It is the duty of the officers of concerned states to provide primary education in mother tongue to the people of minorities particularly to the children of minorities’ class.

Article 351: It will be the duty of the Union to spread Hindi language amongest the people of India which will develop our cultural and social element.

Relationship between Fundamental Rights and Directive Principles

• The Supreme Court in various cases has evolved a ‘Doctrine or theory of Harmonization.

• It has further stated that both the Fundamental Rights and the Directive principles are in fact Supplementary to each other and together constitute an integrated scheme.

• It has also held that where this is not possible, the Fundamental Rights shall prevail over the Directive Principles.

Difference between FR & DPSP

• The Fundamental Rights provide the foundation of political democracy in India whereas the Directives spell out the Character of social and economic democracy in India.

• Fundamental Rights are in the form of negative obligations of the State i.e., injunctions against the actions of the State. The Directive Principles are, on the contrary, positive obligations of the State towards the citizen.

• Whereas the Fundamental Rights are Justiciable, the Directive Principles are non-Justiciable.

• These are included in the Indian Constitution by the 42nd Amendment Act, 1976 on the Basis of Swarn Singh committee report.

• It is based on the former USSR model.

• 10 duties of the citizens towards the state have been enumerated by inserting Article 51-A in part IVA of our Constitution. 11th Fundamental Duty was added by the 86th amendment, 2002.

Eleven Fundamental Duties for citizens

1. To abide by and respect the Constitution, the National Flag and the National Anthem.

2. To cherish and follow the noble ideals of the freedom struggle.

3. To uphold and protect the sovereignty, unity and integrity of India.

4. To defend the country and render national service when required.

5. To promote common brotherhood and establish dignity of women.

6. To preserve the rich heritage of the nation’s composite culture.

7. To protect and improve natural environment.

8. To develop scientific temper, humanism and spirit of inquiry.

9. To safeguard public property and abjure violence.

10. To strive for excellence in all spheres of individual and collective activity.

The New Flag Code

• On can hoist the flag only from sunrise to sunset.

• The ratio of width to length of the flag should be 2:3

• Don’t print it on a costume, cushion, napkin either.

• Don’t use as a shroud for funerals.

• Don’t drape the Flag on vehicles.

• Don’t hoist it upside down. Must not touch the ground.

• Must fly higher than all other flags except that of the UN or other nations.

• Don’t fly a demaged flag.

• The amended code come into effect from January 26, 2003.

• Article 52 says that ‘There shall be a president of India.

• Article 53 says that the executive powers of the Union shall be vested in the president.

• The president is the head of the Indian State.

• He is only a nominal Executive Head.

Qualifications for the election to the office of the president (Article 58)

a. He must be a citizen of India.

b. He must have completed the age of 35 years.

c. He must be qualified to be a member of the Lok Sabha.

d. He must not hold any office of profit under the Government of India or the government of any State or under any local or other authority.

Election of President (Art. 54, 55)

• The provisions dealing with the election of the president are provided in Article 54 and 55

• The president is elected by the members of an electoral college consisting of

a. The elected members of both the Houses of the parliament, and

b. The elected members of the Legislative Assemblies of the States.

• The president’s election is held in accordance with a system of proportional representation by means of a single transferable vote and the voting is by secret ballot.

Value of the Vote of an MLA

= Population of the State * 1

(Total elected members of the state legislature) 1000

• This means value of the vote of an MLA differs from one state to another. This is done to give equality of representation in terms of the population.

Value of the vote of an MPs

= Total value of votes of all MLAs of all States and UTs

Total elected members of the parliament

• The value of vote of an MLA and MP is such that a true federal character of the office of the president is maintained, by striking a balance between the States and the Centre.

• To be declared elected to the office of the president, more than 50% of the valid votes are required by presidential candidate.

• Election of the president is an indirect one.

• In cane of any dispute regarding the election of the president, only the Supreme Court is authorized to intervene in the matter.

• The dispute can be brought in front of the Supreme Court only after the elections are over.

• On account of vacancies in the Electoral College, no petition can be field.

• If the election of the president is declared void, acts as the president till the declaration cannot by invalidated.

• The two Union Territories are the National Capital Territory of Delhi and the Union territory of Pondicherry.

• The expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.

• The oath of the office of the president is administered by the Chief justice of India and in his absence, by the seniormost judge of the Supreme Court available.

• The president holds office for a term of five years.

• He can resign from from his office at any time by addressing the resignation letter to the vice president of India.

• Any resignation addressed to the vice-president shall forth with be communicated by him to the Speaker of the Lok Sabha.

• He can also be removed from the office before completion of his term by impeachment for violation of the Constitution. Impeachment process is clearly defined in Art. 61 of constitution

• The impeachment charges can be initiated in either House of the Parliament.

• The impeachment motion can be introduced only when not less than one-fourth of the total number of members of the originating House have signed the proposal and a 14 days prior notice should be given to the president.

• The impeachment process is quasi-judicial in nature.

• When a vacancy occurs in the office of the president due to his death, resignation or impeachment or otherwise, the vice-president assumes the office.

POWERS

1. Executive powers

• All the executive actions of the Government of India are formally taken in his name.

• He appoints the Prime Minister, and the other Ministers on the advice of the Prime Minister. The Ministers hold the office during the pleasure of the president.

• He appoints the Attorney-General of India and determines his remuneration. The Attorney- General holds office during the pleasure of the president.

• He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister (Article 78).

• He can appoints a Commission to investigate into the conditions of the SCs, the STs, and the OBC’s

• He can appoint the inter-state council to promote the centre-State co-operation.

2. Legislative Powers

• He can summon or prorogue both the Houses of the Parliament and dissolve the Lok sabha.

• He can summon a joint sitting of both the Houses of the Parliament, which is presided over by the Speaker of the Lok Sabha.

• He can appoint any member of the Lok sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant simultaneously.

• He can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the chairman and the Deputy Chairman fall vacant simultaneously.

• He nominates 12 members to the Rajya Sabha from amongst the persons having special knowledge or practical experience in respect of Literature, Science, Arts and Social Services.

• He can nominate 2 members to the Lok Sabha from the Anglo-Indian Community.

• When a Bill in sent to the president after it has been passed by the parliament, he can:

a. Give his assent to the bill, or

b. Withhold his assent to the bill, or

c. Return the bill (if it not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament.

• However, if the bill is again passed by the parliament, with or without amendments, the president has to give his assent to the bill.

• The president has the option of veto with respect to the Bills passed by the parliament.

3. Emergency Powers

A. National Emergency

• According to Article 352, president of India can proclaim the national emergency on the basis of war, external aggression or armed rebellion.

• The president can proclaim this emergency only after receiving a written recommendation from the cabinet.

• A national Emergency has been proclaimed three times so far- 1962, 1971 and 1975.

• Article 19 can only be suspended in case of external emergency and not in the case of internal emergency (armed rebellion).

B. State Emergency

• The president’s rule is also known as the Constitutional Emergency or the State Emergency.

• It can be proclaimed by the president on the failure of the Constitutional machinery in the State (Article 356), or failure to comply with or to give effect to the directions given by the Union (Article 365).

• It can be extended for a maximum period of three years with the approval of the parliament every six months.

• The State Governor, on behalf of the president, carries on the state administration with the help of advisors appointed by the president or the Chief Secretary of the State.

d. Financial Emergency

• The president can proclaim Financial Emergency under 360 if he satisfied that the financial stability or credit of India or any part thereof is threatened.

• Such a proclamation must be approved by the parliament within two months.

• When a Financial Emergency is proclaimed, the president can give directions to the States to observe the canons of financial propriety.

• Financial Emergency has not been declared so far.

4. Financial Powers

• Money bill can be introduced in the parliament only with his prior recommendation.

• He causes to be laid before the parliament the Annual Financial Statement (i.e. Union Budget) under Article 112.

• No demand for a grant can be made except on his recommendation.

• He can make advances out of the contingency Fund of India to meet any unforeseen expenditure.

• He constitution a Finance Commission after every five years to recommend the distribution of the taxes between the centre and the States.

5. Military Powers

• He is Supreme Commander of the Defence Forces of India.

• He can declare war or conclude peach subject to the approval of the parliament.

6. Judicial Powers

• He appoints the Chief Justice and the judges of the Supreme Court and Zonal High Courts.

• He can seek advice from the Supreme Court on any question of law of fact (Article 143).

• The advice rendered by the Supreme Court is not binding on the president.

• He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:

a. In all the cases where the punishment or sentence is by a court martial;

b. In all the cases where the punishment or the sentence is for an offence against any law relating to matter to which the executive power of the Union extends; and

c. In all the cases where the sentence is a sentence of death.

Important Facts:-

• In the history of presidential elections. V.V. Girl is the only person who won the election of the president as an independent candidate in 1969.

• In July 1977, Neelam Sanjeeve Reddy was elected unopposed as no one else filed nomination for the post of the President.

• Only once in the history of India, Justice M. Hidayatullah, Chief Justice of Supreme Court, discharged the duties of the president in 1969.

• Justice Hidayatullah is the only person to perform the functions of the president two times in two different capacities, the first time in 1969 being the Chief justice of the Supreme Court and the second time being the Vice-president of India in 1982.

VICE-PRESIDENT

• According to Article 63, there shall be a vice-president of India.

Qualification to be the Vice-President

1. No person shall be eligible to be elected as the Vice-President unless he-

a. Is a citizen of India?

b. Has completed the age of 35 years.

c. Is qualified for election as members of Council of States.

2. A person holding any office of profit under the Government shall not be eligible for election as the Vice- President.

• He is the ex-officio Chairman of the Council of States (the Rajya Sabha).

• The Vice-President is not a member of the Rajya Sabha, and hence he has no right to vote.

• Being the Vice-President of India, he is not entitled for any Salary, but he is entitled to the Salary and allowances payable to the Chairman of the Council of States.

• The Vice-President is elected by an Electoral College consisting of the members of both the Houses of the Parliament in accordance by means of a single transferable vote (Article 66).

• The election to the Vacancy of the office of the Vice-president is completed before the expiry of his term.

• There is no mandatory provision, like in case of the president, to hold the election within the six months.

COUNCIL OF MINISTERS

• Article 74(1) provides that “There shall be a council of Ministers with the Prime Ministers as its head to aid and advice the president who shall, in exercise of his function act in accordance with such advice.”

• Article 75(1) “ the prime Minister shall be appointed by the president and other Ministers shall be appointed by the president on the advice of the Prime Minister”.

Council of Ministers

Article

1. Council of Ministers to aid and advise president.

2. Other provisions as to Ministers.

3. Attorney-General of India to be appointed by the president.

4. Conduct of business of the Government of India.

5. Duties of prime Minister as respects the furnishing of information to the president, etc.

• The council of ministers is formed as soon the Prime Ministers is sworn in.

• The prime minister has the right to refer to the president, the removal of dissident ministers because technically the ministers are responsible individually to the President.

• The council of Ministers consists of three categories of ministers- Ministers of Cabinet rank, State Ministers and Deputy Ministers.

• Cabinet Ministers are the senior most Ministers to head a department with portfolio.

• The cabinet is the smaller body of the council of Ministers.

• A person not belonging to any House can be appointed as Minister, but he has to get elected to either House within a period of six months, [Art. 75 (5)].

PRIME MINISTER OF INDIA

• In the Scheme of the parliamentary system of Government provided by the Constitution, the president is nominal executive authority and the prime Ministers is the real executive authority (de-facto).

• The president is the Head of the State while the Prime Minister is the Head of the Government.

• He is the leader of the party in power,

• He is the Chief Spokesman of the Union Government.

• He plays a significant role in shaping the foreign policy of the Country.

• He is the ex-officio chairman of the planning Commission, national Development Council, National Integration council and Inter-State Council.

Power and Functions

1. In relation to the council of Minister

• He recommends the persons who can be appointed as the Ministers by the president i.e., the president can appoint only those persons as the Ministers who are recommended by the Prime Minister.

• He presides over the meetings of the Council of Ministers and by the Prime Minister.

• He can bring about the collapse of the Council of Ministers by resigning from the office any time.

• He summons and decides the agenda of the Cabinet mettings. Even the venue of such meetings is decided by the Prime Minister.

• He has right to call for any file from any ministry. This right is basically in pursuance of his role as a coordinator of various ministers.

2. In relation to the President

• He advises the president with regard to the appointment of important, officials like- the Attorney-General of India, the Chairman and the members of the UPSC, the Election Commissioners, the Chairman and the Members of the finance Commission, and so on.

• He is the principle channel of communication between the president and the Council of Ministers (Art 78).

• He communicates to the president all the decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for Legislation.

3. In relation to the Parliament

• The prime Minister is the leader of the Lower House of the Parliament.

• He advises the president with regard to the Summoning and proroguing of the sessions of the Parliament.

• He can recommend dissolution of the Lok Sabha to the President at any time.

• He announces the Government policies on the floor of the House.

• He has the right to intervene in any debate in the Parliament.

• He can give answers in both the Houses of parliament or can participate in debates.

ATTORNEY GENERAL OF INDIA

• Article 76 states that the President shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be the Attorney-General of India.

• He is the first legal officer of the Government of India.

• It is convention that, after the Change of the Government, the Attorney-General resigns and the new government appoints one of its own choice.

• He is assisted by two Solicitors-General and four assistant Solicitors-General.

• The Attorney-General holds office during the pleasure of the president, and receives remuneration as the president may determine.

COMPTROLLER AND AUDITOR GENERAL

• Provisions regarding the Comptroller and Auditor General (CAG) are given under Articles 148-151.

• He is appointed by the president for a full term of 6 years or 65 years of age whichever is earlier.

DUTIES OF CAG

(i) To audit the accounts of the union and the States and submit the report of the President or the Governor, as the case may be.

(ii) To ensure that all the expenditures from the Consolidated Fund of India or States are in accordance with the Law.

(iii) Also, to audit and report on the receipts and expenditure of the-

(a) Government companies.

(b) All bodies and authorities ‘substantially financed’ from the Union or the State revenues; and

(c) Other corporations or bodies when so required by the laws relating to such corporations or bodies.

(iv) The discussion in the parliament takes place on the secondary report of the Public Accounts Committee.

(v) The CAG is an officer of the Parliament and he is called Ears and Eyes of the Public Accounts Committee.

(vi) The CAG is concerned only at the stage of audit after the expenditure has already taken place.

Article 79: Constitution of the parliaments

• There shall be a parliament for the Union which shall consist of the President and the two Houses to be known respectively as the Council of States (the Rajya Sabha) and the House of the people (the Lok Sabha).

• Through the president is not a member of either House of the Parliament, yet like the British crown he is an integral part of the Parliament and performs certain functions relating to its proceedings.

Functions of Parliament

• The most important function of the Parliament is to legislate i.e. make legislations for the development which benefits the Society.

• The second most important function is to exercise control over the executive.

• The parliament provides the council of Ministers as the Ministers are the members of the parliament.

The Rajya Sabha or the Council of States

• The Rajya Sabha consists of 250 members who are divided into two categories-elected and nominated. Out of 250 members, 238 are elected and 12 are nominated. They are indirectly elected by the members of the State legislatures. For that quota is issued to each and every State according to its population and this quota is fixed till 2026.

State No. of Seats

U.P. (Highest) 31

Sikkim (Lowest) 01

• The nominated members are nominated by President. These members can be associated with different fields like Art Science, Literature and Social work.

• Minimum age for the member of Rajya Sabha is 30 years. The tenure of its members is 6 years and it is scheduled in such a way that one-third of its members retire every two years.

• It never dissolves and it is also called the Upper House.

Officers of the Rajya Sabha

• Chairman: The Vice-President of India is the ex-officio chairman of the Rajya Sabha. He presides over the proceeding of the Rajya Sabha as long as he does not act as the president of India during a vacancy in the office of the president.

• Deputy Chairman: The Deputy chairman is elected by the Rajya sabha from amongst its members. In the absence of the Chairman, Deputy Chairman presides over the functions and Proceedings of the House.

Functions

• Art. 312 empowers the Rajya sabha to declare by a resolution, supported by not less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest, that the parliament should create one or more all India services, including All-India judicial Services (42nd Amendment, 1976), common to the Union and the State, and also to regulate the recruitment and conditions of the Service of persons appointed to such services (the Lok Sabha cannot initiate the Process).

• In case of the Constitution Amen-dement Bill, it must be passed by the Rajya Sabha separately. There is no provision for a joint-sitting to pass such Bills.

• In ordinary Bills Rajya Sabha have same powers as Lok Sabha had but in case of money Bill, Lok Sabha has more power than Rajya Sabha. Rajya Sabha can keep money Bill Maximum of 14 days.

The Lok Sabha or the Lower House

• In the Constitution, the strength of the Lok Sabha was provisioned to be not more than 552 from the States, 20 from the Union Territories and two nominated from the Anglo- Indian Community. But the Constitution empowers the Lok Sabha to readjust the strength.

• The parliament has fixed the strength of the Lok Sabha as 545 till 2026.

• The minimum age for the members of Lok sabha is 25 years. The tenure of its members is 5 years.

• The Lok Sabha is the popular House of the Parliament because its members are directly elected by the citizens of India.

• All the members of the Parliament are popularly elected, except not more than two members of the Anglo-Indian community, who are nominated by the president.

• Prime Minister is called the leader of Lok sabha. Lok Sabha elects its Speaker who is called Lok sabha speaker.

• Any bill which is money bill or not, its decision is taken by the speaker of Lok Sabha.

• No Confidence Motion Bill can be brought only in Lok Sabha because Union council of ministers is represented for Lok sabha.

• Lok Sabha can be extended for 1 year. It has been done once.

Session of the Parliament

The constitutioin only states that there should not be a gap of more than six months between two consecutive sittings of the parilament. There are three types of sessions as parliamentary prectices-

1. Budget Session (February-may)- This is the most important and the longest session.

2. Monsoon Session July-August.

3. Winter Session (November-December)- This is the Shortest session.

Joint Session

• Can be ordered by president to consider a partcular bill in case:

(a) A Bill passed one house is rejected by other.

(b) The amendments made by the other house are not acceptable to the house where the Bill originated.

(c) In case, a Bill remains pending unpassed for more than 6 months.

• Joint session is presided over by the Speaker of Lok Sabha or in his absence by the Deputy Speaker, or in his absence by the Deputy Chairman of the Rajya Sabha or in his absence any other member of the Parliament who is agreed upon by the Houses.

• The deadlock over a Bill is resolved by a majority of the total number of the members of both the Houses present and voting.

• Since the Lok Sabha has longer membership, its will prevails.

• In joint session, no fresh constitutional amendment can be done.

Prorogation of House

• Means ending the session.

• Pending bills/business does not lapse; they are taken in the next session.

Dissolution of House

• Only of Lok sabha.

• By president on advice of PM.

• Bills pending in Rajya Sabha, passed by Lok sabha also lapses unless president calls a joint sitting of the 2 houses.

• Bills pending in Rajya Sabha, not passed by lok Sabha don’t lapse.

Conduct of Business in Parliament

• Ordinary Bills: All bills, except money bills, are introduced in either house.[Speaker of Lok Sabha decides whether the bill is a money bill or not].

• Money Bills: It deals with the imposition or abolition of taxes, matters pertaining to borrowing of money by the government, custody and maintenance of consolidated funds, etc.

• It can originate only in Lok Sabha on the recommendation of the President. The Rajya Sabha can only delay it by 14 days. Its final authority lies with Lok Sabha only.

Question Hour

• The first hour of every sitting in both houses (11-12Am). In this question are asked by members and answered by ministers.

Types of question:

(i) Starred Questions (1 member can ask only one/day) for which oral answers is required.

(ii) Unstarred Questions for which written answer (10 days notice) is enquired.

(iii) Short Notice Questions are the ones which relates to matters of urgent public importance and can be asked by members with notice shorter than the ten days prescribed for an ordinary question.

Zero Hour

From 12-1 Pm daily. Time allotted everyday for miscellaneous business in call-attention notice, question on official statement and adjournment motions.

MOTION

It is proposal brought before the House for its opinion/decision.

Type:

(i) Privileged Motion – A resolution introduced by the opposition that a minister has misled the house by giving wrong information.

(ii) Censure Motion – Can be moved only in Lok Sabha only by the opposition. It can be brought against the ruling Government or against minister only for the failure to act or seeking disapproval of their policy. A censure motion must specify the charges against the Government for which it is moved. A further, 1 /10th member of the House is required for moving it. If a censure motion is passed in the Lok Sabha, the Council of ministers is bound to seek the confidence of the Lok Sabha as early as possible.

(iii) Call – Attention Motion- A member (after permission from Speaker) calls the attention of the minister to any matter of ‘urgent public importance’. There is no Call-Attention motion in the Rajya Sabha. Instead there exists a motion called ‘Motion for Papers’.

(iv) Adjournment Motion- leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.

(v) Cut motions - They are moved in the Lok Sabha only. They are part of the budgetary process which seeks to reduce the amounts for grants.

Parliament’s Control over the Financial System

• Article 265 states that no tax can be levied or collected except by authority of Law. The executive, therefore, cannot impose any tax without the sanction of the parliament.

• All the revenue and loans raised by the authority of law are paid into the consolidated Fund of India. Under Article 266 no money can be withdrawn or spent or appropriated from the consolidated Fund of India without the sanction of the Parliament.

• The parliament, thus, controls the revenue expenditure and appropriation of Government of India.

Parliamentary Committees

• The Legislative has no perform complex and enormous quantity of work.

• Due to the paucity of time in the Legislature, the initial work is mostly done by the Committees, appointed or elected for specific purpose.

• These Committees essentially belong to the Lok Sabha and function under the Speaker to whom they submit their reports.

• Most important Committees, with their strength in brackets, are as follows: Business and Advisory Committee (15) Estimates Committee (30), Committee on petitions (15), Committee on the welfare of the Schedule Caste and Scheduled Tribes (30).

Details of some of the important committees are:

1. Committee on Estimates. This Committee consists of 30 members wholly derived from the Lok Sabha. All the parties in the Parliament are given proportionate representation in this Committee. The chairman is appointed by the Speaker from amongst its members. The functions of the Committee are:

(a) To report on the efficiency of the policy underlying the estimates;

(b) To examine whether the money is well laid out within the limits of the policy implied in the estimates;

(c) To suggest the form in which the estimates are to be presented in the parliament.

The Committee works well within the limits of the policy approved by the Parliament, but it may suggest a change it thinks so.

2. Committee on Public Account. The twenty- two member Committee is elected through a single transferable vote, 15 from the Lok Sabha and 7 from the Rajya Sabha. Externally, the Committee belongs to the Lok Sabha and its Chairman is appointed by the Speaker and is from the Lok Sabha. The functions of the Committee include:

(a) To examine the accounts showing the appropriation granted by the parliament to meet the expenditure of the Government of India.

(b) To examine the Annual Finance Accounts of the Government of India and other accounts laid before the House.

(c) To examine the reports of the Comptroller and Auditor General (CAG) of India on revenue receipts.

3. Committee on public Undertakings. This Committee consists of 15 members of the Lok Sabha and 7 associated members of the Rajya Sabha. The chairman of the committee is appointed from the amongst the members of the Lok sabha by the Speaker. The function of the Committee are-

(a) To examine the reports and the Accounts of the public undertakings specified in the Fourth Schedule of the Rule of Procedure and conduct of Business of the Lok Sabha and also the report of the CAG, if any.

(b) To examine the efficiency and autonomy of the public Undertakings.

(c) To examine other specify subjects or matters referred to it by the House or the Speaker.

HIS SUPREME COURT

• The constitution consists provisions related to the Union Judiciary in Art. 124-147

• Initially, there was a chief justice and seven other Judges in the Supreme Court.

• The number of the judges excluding the Chief Justice was increased to 25 in 1985.

• At present, there is one Chief Justice and 25 other Judges in the Supreme Court rests with the Parliament.

• The senior most Judge of the Supreme Court is appointed as the Chief Justice of India.

Qualifications for the Appointment as a Judge of the Supreme Court

A person shall not be qualified for appointment as a judge of the Supreme Court unless he:

(a) Is a citizen of India, and

(b) Has been for at least five years judge of a High Court or a two such Courts in succession; or

(c) Has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or Courts is succession; or

(d) Is, in the opinion of the president, a distinguished jurist.

Writ Jurisdiction

• Article 32 imposes duty on the Supreme Court to enforce the Fundamental Rights.

• Under this Article, every individual has a right to move to the Supreme Court directly if there has been any infringement on his Fundamental Rights.

• The Writ Jurisdiction sometimes is referred to as the Original jurisdiction of the Supreme Court, but in the strict sense, Original Jurisdiction relates to the federal character of the Constitution.

Removal of the Judges of the Supreme Court

• Under this act, a motion seeking the removal of a judge can be referred before either House of the Parliament.

• If it is to be introduced in the Lok Sabha, it should be signed by not less than 100 members of the Lok sabha.

• If it is to be introduced in the Rajya Sabha, the motion should be signed by not less than 50 members.

• The motion can be moved only after a prior notice of 14 days to that Judge.

• After being properly introduced, the presiding officer of that House appoints a three- member Judicial Committee to inquire into the misbehavior or incapacity of the accused Judge.

• The head of the Judicial Committee shall be a serving judge of the Supreme Court.

THE HIGH COURTS

• The High Court’s stands at the head of the judiciary in a state.

• There shall be a High Court for each State (Article – 214).

• The Judiciary in the States consists of a High Court and the Subordinate Courts.

• The Parliament can, however, establish by law, a common High Court for one or more State (s) and one or more Union Territory (Article 231).

• Every High Court shall be a court of record (Article 215).

Qualifications for Appointment as a Judge of a High Court

The qualification required under the Constitution for a person to be appointed as a judge of a High Court.

(a) Must be a citizen of India; and

(b) Must have held a Judicial office in the territory of India for at least ten years; or

(c) Must have been an advocate of a High Court or two or more such Courts in succession for at least ten years.

Writ Jurisdiction

• Under Article 226 of the Constitution, the High Courts are given powers of issuing writs not only for the enforcement of the Fundamental Rights, but also for other purposes.

• In exercise of this power, a Court may issue the same type of writs, orders or directions which the Supreme Court is empowered to issue under Article 32.

Some important points

• At present there are 21 High Courts.

• According to Article-143, the President can seek advice of Supreme Court in any complex issue. Supreme Court is not bounded to give its advice or if the advice given by Supreme Court then president is not bounded to work on it.

In India, except Jammu & Kashmir (Article 370), all the State have the same pattern of Government as the Centre.

• The constitution provides for an office of the Governor in the States Article 153.

• A Governor is the Chief executive head of a State, but like the president of India, he is a nominal executive head (or de jure or titular or Constitutional head).

• The Governor also acts as an agent of the Central Government and therefore, the office of the Governor has a dual role.

Appointment and conditions

• A Governor is appointed by the president of India by a warrant under his hand and seal; on the recommendations of the Union Council of Ministers.

• His usual term of Office is five years but he holds office during the pleasure of the president.

• He can be asked to continue for more time until his successor takes the charge.

• He can also be transferred from one State to another by the president.

• The oath of the office to the Governor is administered by the Chief Justice of the concerned State High Court and in his absence, the senior-most judge of that court available.

• Under article 361, a Governor is not answerable to any court for the performance of the power and duties of his office.

• There should be a Tribal welfare Minister in the states of Bihar, Madhya Pradesh and Orissa appointed by the Governor.

• The Governor can recommend for the imposition of the constitutional emergency in a state to the president. During the period of the president’s rule in a State, the Governor enjoys the extensive executive powers as an agent of the president.

• The Governor has the power to suspend the Members of the State Public Service commission.

• If the Governor is satisfied that the members of the Anglo-Indian community are not adequately represented in the Vidhan Sabha, he may nominate one Member.

• If Vidhan Perished is also in existence in a State, the Governor has the power to nominate 1/6 of the total members of the Vidhan Perished for among the persons who have excelled or have practical experience in the fields of Literature, Science, arts, Co-operative Movement and social services.

THE CHIEF MINISTER

• The chief minister is the real executive and is the head of the Government of a state.

• The position of the chief Minister at the State level is analogous to the position of the prime Minister at the centre.

• The chief Minister shall be appointed by the Governor.

• Other Ministers shall be appointed by the Governor on the advice of the Chief Minister.

• Normally the leader of the majority party in the Vidhan Sabha is appointed as the Chief Minister by the Governor.

• The Governor shall administer the oath of office and secrecy to the Ministers.

• The chief Minister can bring about the collapse of the Council of Ministers by resigning from the office.

• The chief Minister advises the Governor with regard to the appointment of important officials like Advocate General, the Chairman and the Members of the State Public service Commission, the State Election Commissioner etc.

THE ADVOCATE GENERAL

• The Advocate General is the first law officer of a State.

• His office and functions are comparable to that of the Attorney General of India.

• Appointed by the Governor and holds the office during his pleasure.

• His remunerations are also determined by the Governor.

• To be appointed to the Office of the Advocate General, he/she must be qualified to be a judge of the High Court.

• He has the right to attend and speak in the proceedings of either Houses of the State Legislature without any right to vote.

• He has the right of audience in any Court in the State.

THE STATE LEGISLATURE

• The Legislature of every State consists of the Governor and one or two Houses.

• The Legislatures of Bihar, Jammu and Kashmir, Maharashtra, Karnataka, Uttar Pradesh and Andhra Pradesh are bicameral i.e. having both the Legislative Council. Other States have unicameral Legislatures i.e. there exists only the State Legislative Assembly.

THE LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

• The Legislative Assembly is the popular House of the State Legislature where members are directly elected by the people for a term of five years, unless the House is dissolved by the Governor earlier.

• The strength of this popular House should not be less than 10 or more than 500.

• However, the President has the power to alter this number and, in fact, the strengths of Goa and Sikkim Legislature are less than 60.

• The Governor may nominate one member from the Anglo-Indian community to this House, if he thinks that the community is not adequately represented.

THE LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

• As per the constitution, the number of members of the Legislative Council is not to exceed one-third of the total strength of the State Assembly. However, its strength should not be less than 40 either.

• Just like the Upper House at the Centre, the Legislative Council of a State is never dissolved. The members are elected for a term of 6 years and I/3rd of its members retire every two years.

PANCHAYATI RAJ

• The term ‘Panchayati Raj’ in India signifies the system of rural local self-Government.

• It is created in all the States in India by the Acts of concerned State Legislature to establish democracy at the grass root level.

• It was constitutionalised through the 73rd constitutional Amendment Act of 1992.

• At the Central level, the Ministry of Rural Development looks after the matters relating to the panchayati raj bodies.

• ‘Local Government’ is a subject of the State List.

• The fifth entry of the State list in the Seventh Schedule of the Constitution of India deals with the ‘Local Government’.

Balwant Ray Mehta committee

• In January 1957, the Government of India appointed a committee to examine the functioning of the Community Development Programme (1952) and to suggest measures for their better performance.

• The committee submitted its report in November 1957 and recommended the establishment of the scheme for ‘democratic decentralization’ which ultimately comes to be known as the ‘panchayati Raj’.

Ashok Mehta Committee

• In December 1977, the Janata Party Government appointed a committee on Panchayati Raj institutions under the chairmanship of Ashok Mehta.

• It submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining Panchayati Raj System in the country.

G.V.K. Rao Committee

• The committee on Administrative Arrangement for the Rural Development and poverty Alleviation Programmes under the chairmanship of G.V.K. Rao was appointed by the planning Commission in 1985.

• The Committee came to the conclusion that the developmental process was being gradually bureaucratized and divorced from the Panchayati raj.

THREE TIER SYSTEM

It envisages Panchayat at the village level, Panchayat Semites at the block level and zila Parishad at the district level.

(a) Village Panchayat

• Consists of elected representatives of the people.

• Membership varies from 5-31.

• Seats reserved for SC, ST, women etc.

• Chairman is elected from among its members, known as ‘Sarpanch’.

• The Panchayat is accountable for all its actions to the Gram Sabha, the general body of Villagers.

• Gram sabha consists of the adults residing within the jurisdiction of the panchayat.

(b) Block and Panchayat samiti

• The block, consisting of 20-60 villagers is administered through a Panchayat Samiti, consisting of indirectly elected members of village Panchayat.

• The chairman of panchayat samiti is called ‘pradhan’.

(c) Zila Parishad

• It is the top level of the 3-tier structure.

• Elect its chairman from amongst its members who is known as the District Collector.

ELECTION COMMISSION

• The Election Commission is a permanent and independent body established by the Constitution of India.

• The Electoral System in India is borrowed from the one operating in Great Britain.

• The Election Commission is not concerned with the elections to Panchayats and Municipalities in the States.

• It delimits the constituencies for elections and allots the number of seats to each of them.

• It fixes the election programme-dates, the number of polling and decides their election symbols.

• It determines the criteria for recognizing political parties and decides their election symbols.

• It settles the election disputes and petitions referred to it by the president or the Governor.

• The term of the Chief Election Commissioner is for 6 years or till he/she attains the age of 65 years, winch ever is earlier.

• He/she can be removed from the office in the same manner as the Judges of the Supreme Court.

• He/she is not eligible for re-appointment.

• The electoral system is based on adult suffrage the citizen not less than 18 years of age and not otherwise disqualified has the right to vote.

• The first Chief Election commissioner of India was Mr. Sukumar Sen. (21 March 1950-19 December, 1958).

The Voters identity card

Introduced in 1993 during the tenure of the former Chief Election Commissioner TN Seshan.

PLANNING COMMISSION

• It was established on March 15, 1950 by an executive resolution of the Government of India.

• It was established on the recommend-dation of the Advisory Planning Board constituted in 1946, under the chairmanship of KC Neoga.

• It is an extra-constitutional and a non-statutory body.

• It is the Supreme organ of planning for social and economic development in India.

• The Prime Minister of India is ex-officio chairman of the Planning Commission.

• The Deputy Chairman is the de-facto executive head (i.e. full time functional head of the Commission.

• The Deputy Chairman of the Commission is responsible for the formulation and submission of the draft of the Five-Year Plans to the Central Cabinet.

• He is appointed by the central Cabinet for a fixed tenure and enjoys the rank of a Cabinet Minister.

• It is also known as ‘Super Cabinet’ a ‘parallel cabinet’, the ‘Fifth wheel of the coach etc.

FINANCE COMMISSION

• Article 280 of the constitution provides for a Finance Commission.

• It is a quasi-judicial body.

• It is constituted by the president of India every fifth year or at such an earlier time as he appointed by the president.

• They are eligible for reappointment.

• The parliament enacted the Finance Commission Act. In 1951, specifying the qualifications of the Chairman and the members of the Commission.

• The chairman should be a person having experience in Public affairs.

• The recommendations made by the Finance commission are only of advisory nature and hence, not binding on the Government.

UNION PUBLIC SERVICE COMMISSION [UPSC]

• Composition is determined to the President.

• The members of the UPSC are appointed for a term of 6 yrs, or till they attain 65 yrs of age.

• Can resign earlier to the president.

• President can remove them by issuing orders. Only the SC makes such a recommendation on the basis of an inquiry.

• Members of the UPSC are no eligible for employment by the government after retirement.

Functions-

(i) To conduct exams for appointment to services under the Union.

(ii) Advise the president (not obligatory on him) in maters relation to appointments, promotions and transfer from one service to another of Civil servants.

(iii) All disciplinary matters affecting a person in the service of Union.

(iv) Matters regarding award of pension and awards in respect to injuries sustained during service under the government.

(v) Maintains continuity of administration.