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basic information of indian constitution, Summaries of Constitutional Theory

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Basics of Indian Constitution
Introduction: The Constitution of India is the supreme law of India. It lays down the framework defining
fundamental political principles, establishes the structure, procedures, powers, and duties of government
institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest
written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12
schedules. Besides the English version, there is an official Hindi translation.
The Constitution of a country sets out the fundamental canons of governance to be followed in that country
and also delineates the division of power, privileges and responsibilities between different organs of
government. The Indian Constitution, prepared after hectic deliberations by the Constituent Assembly, is
possibly the lengthiest document of its kind in the world and has far more detailed provisions than any other
comparable document. The tradition of having a written constitution started with the USA, which had
adopted the first-ever written constitution in the world, after the end of the Civil War there in 1776. Much
water has flown down the Ganges since. Still, England does not have a written constitution till date. The
British judiciary and other parts of the polity work on the basis of conventions that have been evolved after
centuries of collective experience. The Indian Constitution is the outcome of the debate, deliberations and
research of a sovereign Constituent Assembly. Various Subject Committees like the Committee on
Fundamental Rights and Union Constitution Committee had submitted their respective proposals and after
a general discussion on all the proposals, a Drafting Committee chaired by Dr. B. R. Ambedkar was
appointed. The Drafting Committee had the full authority to add, modify or delete any of the proposals
submitted by the committees. The finalized draft of the Indian Constitution got the signature of the President
of the Constituent Assembly, Dr. Rajender Prasad on Nov 26, 1949, which is referred to as the Date of
Passing. Since the Constituent Assembly, which finalized the Constitution was duly elected by means of
indirect election by the people of India, The Constitution of India derives its authority from the people of
India. The Constitution was thus enacted by the Constituent Assembly on 26 November 1949, and
came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj
declaration of independence of 1930. With its adoption, the Union of India officially became the modern
and contemporary Republic of India and it replaced the Government of India Act 1935 as the country’s
fundamental governing document. The Indian Constitution has borrowed heavily from other constitutions
of the world and can be called a “beautiful patchwork”. India could not have afforded to experiment with
something entirely new at a crucial juncture in its history. So the founding fathers of the Indian Constitution
preferred to rely on the time-tested value of experience elsewhere and adopted those provisions which had
proved to be successful and workable in other countries. Some of the prominent features which have been
borrowed are as under.
Feature Source / Inspiration
1. Fundamental Rights USA
2. The Parliamentary System of Government UK
3. Directive Principles of State Policy Ireland (Eire)
4. Emergency Provisions Germany (Third Reich)
5. Amendment Procedure South Africa
6. Permeable To The Constitution of India France
7. Federal Model of Governance Canada
Salient Features of Constitution:
1. It is the longest written constitution in the world.
2. It proclaims India a Sovereign Democratic Republic.
3. Fundamental Rights are guaranteed to all citizens of India.
4. Directive Principles of State Policy are incorporated.
5. It established the parliamentary system of government, e., the President of the Union is the constitutional
head, the Council of Ministers or the Union Cabinet is the real executive and is responsible to the Lok
Sabha.
6. It is federal in form (in normal times) but unitary in spirit (in emergencies).
7. It is neither too rigid (as some provisions can be amended by a simple majority) nor flexible (as some
provisions require special majority for amendment).
8. It declares India a secular state.
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Basics of Indian Constitution Introduction: The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any sovereign country in the world , containing 448 articles in 25 parts , 12 schedules. Besides the English version, there is an official Hindi translation. The Constitution of a country sets out the fundamental canons of governance to be followed in that country and also delineates the division of power, privileges and responsibilities between different organs of government. The Indian Constitution, prepared after hectic deliberations by the Constituent Assembly, is possibly the lengthiest document of its kind in the world and has far more detailed provisions than any other comparable document. The tradition of having a written constitution started with the USA , which had adopted the first-ever written constitution in the world, after the end of the Civil War there in 1776. Much water has flown down the Ganges since. Still, England does not have a written constitution till date. The British judiciary and other parts of the polity work on the basis of conventions that have been evolved after centuries of collective experience. The Indian Constitution is the outcome of the debate, deliberations and research of a sovereign Constituent Assembly. Various Subject Committees like the Committee on Fundamental Rights and Union Constitution Committee had submitted their respective proposals and after a general discussion on all the proposals, a Drafting Committee chaired by Dr. B. R. Ambedkar was appointed. The Drafting Committee had the full authority to add, modify or delete any of the proposals submitted by the committees. The finalized draft of the Indian Constitution got the signature of the President of the Constituent Assembly, Dr. Rajender Prasad on Nov 26, 1949, which is referred to as the Date of Passing. Since the Constituent Assembly, which finalized the Constitution was duly elected by means of indirect election by the people of India, The Constitution of India derives its authority from the people of India. The Constitution was thus enacted by the Constituent Assembly on 26 November 1949 , and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country’s fundamental governing document. The Indian Constitution has borrowed heavily from other constitutions of the world and can be called a “beautiful patchwork”. India could not have afforded to experiment with something entirely new at a crucial juncture in its history. So the founding fathers of the Indian Constitution preferred to rely on the time-tested value of experience elsewhere and adopted those provisions which had proved to be successful and workable in other countries. Some of the prominent features which have been borrowed are as under. Feature Source / Inspiration

  1. Fundamental Rights USA
  2. The Parliamentary System of Government UK
  3. Directive Principles of State Policy Ireland (Eire)
  4. Emergency Provisions Germany (Third Reich)
  5. Amendment Procedure South Africa
  6. Permeable To The Constitution of India France
  7. Federal Model of Governance Canada Salient Features of Constitution:
  8. It is the longest written constitution in the world.
  9. It proclaims India a Sovereign Democratic Republic.
  10. Fundamental Rights are guaranteed to all citizens of India.
  11. Directive Principles of State Policy are incorporated.
  12. It established the parliamentary system of government, e., the President of the Union is the constitutional head, the Council of Ministers or the Union Cabinet is the real executive and is responsible to the Lok Sabha.
  13. It is federal in form (in normal times) but unitary in spirit (in emergencies).
  14. It is neither too rigid (as some provisions can be amended by a simple majority) nor flexible (as some provisions require special majority for amendment).
  15. It declares India a secular state.
  1. It guarantees single citizenship to all citizens.
  2. It introduced adult franchise, e., every adult above 18 years has the right to vote and the system of joint electorates.
  3. It established an independent judiciary; the Supreme Court acts as a guardian of the Constitution in place of the Privy Council. Structure The Constitution, in its current form, consists of a preamble, 22 parts containing 448 articles, 12 schedules, 2 appendices. The Preamble: The draft of the Preamble was prepared by Jawaharlal Nehru and is based on the American model. The 42nd Amendment added the words “Secular and Socialist” and now the preamble reads as follows. “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 thought, expression, belief, faith and worship; Equality; of status and of opportunity; and to promote among them all; Fraternity; assuring the dignity of the individual and the unity and integrity of the nation; In our Constituent Assembly, November 26, 1949, do hereby adopt, enact and give to ourselves this constitution”. The Preamble is, technically, not a part of the Constitution (and this has been confirmed by the SC also), but it contains the basic philosophy of the whole Constitution and the ideals of the constitution-makers. It can be used by the Courts to help them in interpretation of the Constitution in certain matters where the Constitution itself is silent. Parts: The individual Articles of the Constitution are grouped together into the following Parts: Preamble Part I – Union and its Territory Part II – Citizenship. Part III – Fundamental Rights. Part IV ] – Directive Principles of State Policy Part IVA – Fundamental Duties. Part V – The Union. Part VI – The States. Part VII – States in the B part of the First schedule (Repealed). Part VIII – The Union Territories Part IX – The Panchayats. Part IXA – The Municipalities. Part IXB – The Cooperative Societies Part X – The scheduled and Tribal Areas Part XI – Relations between the Union and the States. Part XII – Finance, Property, Contracts and Suits Part XIII – Trade and Commerce within the territory of India Part XIV – Services Under the Union, the States. Part XIVA – Tribunals. Part XV – Elections Part XVI – Special Provisions Relating to certain Classes. Part XVII – Languages Part XVIII – Emergency Provisions Part XIX – Miscellaneous Part XX – Amendment of the Constitution Part XXI – Temporary, Transitional and Special Provisions Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals.

Tenth Schedule (Articles 102 and 191)—” Anti-defection ” provisions for Members of Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-G)— Panchayat Raj (rural local government) Twelfth Schedule (Article 243-W)— Municipalities (urban local government). The Federal System & Territory of The Union

  1. The Federal System: Article 1 of the Indian Constitution describes India as a “Union of States”. The term “Union” implies that
  2. The Indian federation is not the result of a voluntary agreement by the states themselves. As is well known, after India’s independence, more than 550 states were integrated into the Union of India by the then Home Minister, Sardar Vallabh Bhai Patel, leading to his being branded as the “Iron Man of India”. So their inclusion in India is purely involuntary.
  3. The components of the Indian Union have no freedom to secede from it. (unlike the erstwhile USSR or the present-day USA where such freedom was/is vested in the states). The Indian federal system is unique in the sense that in spite of its being a federal set-up, it still does not have many features characteristic of a typical federal set-up (like the USA). In general, the Indian set-up has been mostly described as quasi–federal or semi–federal due to the fact that the balance of power tilts heavily in favour of the Centre i.e. the states enjoy comparatively lesser powers in most spheres as compared with the Centre. Some of the noteworthy points of difference, which illustrate the predominant role of the Centre Vs. States are as follows.
  4. The States in India do not have any separate constitution of their own (except Jammu and Kashmir which has a separate constitution as per the special agreement signed at the time of its accession to India). They derive their authority from the same Constitution of India.
  5. The States are dependent on the Centre for grants-in-aid and plan assistance to meet their development expenditures. The taxes collected by the States are not wholly appropriated by them, but they are distributed among the States as per the Finance Commission recommendations. III. The States do not have any say in the matter of Constitutional amendments (except for a few instances where their consultation may be obtained by the President or in certain special matters where at least half of the States must ratify the legislation after being passed by the Parliament))
  6. The Centre can alter, modify or change the boundaries, area or name of any state.
  7. There is no separate citizenship of a state (Single citizenship prevails in India whichever state a person is living in India) unlike the US where every state has a separate citizenship apart from the Union Citizenship (Double Citizenship).
  8. The President may assume all executive and legislative powers of any state if he is satisfied that the government of a state cannot be carried out according constitutional provisions ( Art. 356 )
  9. Territory of the Union The territory of India comprises the entire geographical territory over which the sovereignty of India, for the time being, prevails. On the other hand, the Union of India includes only those component units, i.e., the states, which share power with the Centre. The UTs are centrally administered areas governed by the President acting through an Administrator appointed by him. As on date, the territory of India consists of 28 states, 6 UTs and 1 National Capital Territory of Delhi (NCT- Delhi is neither a full state nor a UT). India is a federal constitutional republic governed under a parliamentary system consisting of 28 states and 7 union territories. All states, as well as the union territories of Pondicherry and the National Capital Territory of Delhi, have elected legislatures and governments, both patterned on the Westminster model. The remaining five union territories are directly ruled by the centre through appointed administrators. In 1956, under the States Reorganisation Act, states were reorganised on a linguistic basis. Since then, their structure has remained largely unchanged. Each state or union territory is further divided into administrative districts. The state and union territory capitals are sorted according to the administrative, legislative and judicial capitals. The administrative capital is where the executive government offices are located, the legislative capital is where the state assembly convenes, and the judicial capital is the location of the state or territorial High Courts of India. The States Reorganization Act, 1956 reorganized the boundaries of different Indian States in order to meet local and linguistic demands. Interestingly, the Union Parliament can by passing a resolution in both Houses of Parliament.
  10. form a new state
  11. increase the area of any state
  1. diminish the area of any state
  2. alter the boundaries of any state
  3. or alter the name of any state (Art. 4) Fundamental Rights: The Constitution of India embodies a number (six) of Fundamental Rights in Part III of the Constitution to act as limitations on the Executive (government) as well as legislative powers (law-making). Though these rights are modelled on the US pattern, the Indian Constitution makes a compromise between the principles of Parliamentary Sovereignty and Judicial Supremacy. In the US, the American President enjoys the power to nullify any decision made by the Federal Court while in the UK, whatever the Parliament says, is law. The Indian Constitution is a via–media between these two extremes. These fundamental rights help not only in protection but also the prevention of gross violations of human rights. They emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. The right to life and personal liberty is available to all people and so is the right to freedom of religion. On the other hand, freedoms of speech and expression and freedom to reside and settle in any part of the country are reserved to citizens alone, including non-resident Indian citizens. The right to equality in matters of public employment cannot be conferred to overseas citizens of India. Fundamental rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of private individuals. However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled that all provisions of the Constitution, including fundamental rights can be amended. However, the Parliament cannot alter the basic structure of the constitution. Features such as secularism and democracy fall under this category. Since the fundamental rights can only be altered by a constitutional amendment, their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures. A state of national emergency has an adverse effect on these rights. Under such a state, the rights conferred by Article 19 (freedoms of speech, assembly and movement, etc.) remain suspended. Hence, in such a situation, the legislature may make laws which go against the rights given in Article 19. Also, the President may by order suspend the right to move court for the enforcement of other rights as well.
  4. Right to equality: Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights and liberties, and guarantees the following: Equality before law : Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate any of the Indian citizens on the basis of their caste, creed, colour, sex, gender, religion or place of birth. Social equality and equal access to public areas : Article 15 of the constitution states that no person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples etc. However, the State may make any special provision for women and children. Special provisions may be made for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes. Equality in matters of public employment: Article 16 of the constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions. The Parliament may enact a law stating that certain jobs can only be filled by applicants who are domiciled in the area. This may be meant for posts that require knowledge of the locality and language of the area. The State may also reserve posts for members of backward classes, scheduled castes or scheduled tribes which are not adequately represented in the services under the State to bring up the weaker sections of the society. Also, there a law may be passed which requires that the holder of an office of any religious institution shall also be a person professing that particular religion. According to the Citizenship (Amendment) Bill, 2003, this right shall not be conferred to Overseas citizens of India. Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law. The Untouchability

other secular activity which may be associated with religious practice, or providing for social welfare and reform.

  1. Cultural and educational rights: As India is a country of many languages, religions, and cultures, the Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities. Any community which has a language and a script of its own has the right to conserve and develop it. No citizen can be discriminated against for admission in State or State aided institutions. All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution. But the right to administer does not mean that the State cannot interfere in case of maladministration. In a precedent setting judgment in 1980, the Supreme Court held that the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards. It can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October 2002, the Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could only be through a common entrance test conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.
  2. Right to constitutional remedies: Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens’ fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warrant and certiorari. When a national or state emergency is declared, this right is suspended by the central government. Amendments: Changes to the fundamental rights require a constitutional amendment which has to be passed by a special majority of both houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house — whether the Lok Sabha or Rajya Sabha. The right to education at elementary level has been made one of the fundamental rights under the Eighty-Sixth Amendment of 2002. Right to property: The Constitution originally provided for the right to property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article 31 provided that “no person shall be deprived of his property save by authority of law.” It also provided that compensation would be paid to a person whose property has been taken for public purposes. The provisions relating to the right to property were changed a number of times. The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights] A new provision, Article 300-A, was added to the constitution which provided that “no person shall be deprived of his property save by authority of law”. Thus, if a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay anything as compensation. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law by citizens. The liberalisation of the economy and the government’s initiative to set up special economic zones has led to many protests by farmers and have led to calls for the reinstatement of the fundamental right to private property. The Supreme Court has sent a notice to the government questioning why the right should not be brought back but in 2010 the court rejected the PIL. As in 2007 the supreme court unanimously said that the fundamental rights are a basic structure of the constitution and cannot be removed or diluted. Right to Education: Article 21A – On 1 April 2010, India joined a group of few countries in the world, with a historic law-making education a fundamental right of every child coming into force. Making elementary education an entitlement for children in the 6-14 age group, the Right of Children to Free and Compulsory Education Act will directly benefit children who do not go to school at present. Fundamental Duties: The 42nd Amendment Act has introduced a set of 10 Fundamental Duties to be observed by all the citizens of India. Please note carefully that there is no constitutional provision for direct enforcement of these duties. The duties are –
  3. To abide by the Constitution and respect the National Flag and the National Anthem.
  1. To cherish and follow the noble ideals which inspired our national struggle for freedom.
  2. To protect the sovereignty, unity, and integrity of India.
  3. To defend the country
  4. To promote brotherhood among the Indian people.
  5. To preserve the rich heritage of our composite culture
  6. To protect and improve the natural environment
  7. To develop scientific temper and the spirit of inquiry
  8. To safeguard public property
  9. To strive towards excellence in all spheres of individual and collective activity. Directive Principles of state policy: Contained in Part IV of the Indian Constitution, the directive principles are basic guidelines for the government to perform certain things and to achieve certain goals by these actions. Though they are non- justiciable in nature (cannot be enforced in a Court of Law), yet they are treated as fundamental canons in the governance of the country regardless of the political ideology of the party in power at the Centre. Most of these aim at the establishment of the social and economic democracy described in the Preamble to the Constitution. Some of the more important directives and the extent of the progress made in implementing them is discussed below. The directive under Art.39 has made one of the more remarkable progress stories so far as its implementation is concerned. It enjoins upon the State that it should try to ensure that ownership and control of material resources of the community are distributed so as to serve common good. In pursuance of this goal, intermediaries or zamindari has been abolished and land reform laws have been enacted in many states to ensure that the agricultural land is not monopolized by a few people. Under the relevant laws, surplus land (beyond the permissible limit, which varies from state to state) is distributed among the landless labourers. Of course, it is another story that land reforms in India have not been very successful due to vested political interests and the unwillingness of the landlords to give surplus land to the government. The directive in Art. 40 enjoins upon the government to have village panchayats as units of local self- government. With the 73rd Amendment Act, this has become a reality, wherein all villages in the country are supposed to have panchayats and regular elections are conducted after every five years. It might be noted that the village panchayats enjoy both civic and judicial authorities to an extent. Art. 45 contains a directive to the government to ensure Free Elementary Education up to 14 years of age. It has been made into a Fundamental Right, with the passage of the 93rd CAA by Parliament. Art. 47 advises the enactment of prohibition of liquor and intoxicating drinks and drugs. Subsequent to this, many states have initiated some steps in this direction, but the results so far have not been very encouraging. Art. 44 : Enjoins upon the State to have a common set of personal laws ( personal laws deal with topics Like marriage, divorce, succession etc.) which at the moment are different for different religious communities. The issue has been pending for want of sufficient political will.
  10. Procedure for Amendment: The Indian Constitution is both flexible and rigid and contains many provisions to modify, add, delete or change it according to the changing needs and circumstances. An easier method has been prescribed for changing those provisions, which do not primarily affect the federal system. This has been done in two ways,
  11. By providing that the changes in certain constitutional provisions shall not be deemed to be amendments.
  12. Other provisions are changeable by following an amendment procedure described in Art. 368. (Even this has two categories)
  13. A Constitutional Amendment Bill may be initiated in either house of Parliament and can be passed in each house by following the procedure below:
  14. A majority (more than 50%) of the total membership of the House must be present on the day of voting
  15. And out of those present and voting, at least two-thirds must vote for the bill.
  16. If the above two conditions are fulfilled, the bill is deemed to have been passed in the respective House. It goes to the other House thereafter, where the same procedure is repeated. Upon passage in both the Houses in this manner, the bill goes to the President for his assent. The bill becomes an act only after getting presidential assent.

President discharges his duties. Any dispute regarding Presidential election shall be decided by the Supreme Court of India, whose decision will be exclusive and final in this regard. Powers, Privileges, Duties: The Constitution says that the all the executive powers of the Union are vested in the President, making him the Head of the Indian State. Executive functions are those, which are left after taking out legislative and judicial functions. But these powers are circumscribed by many provisions like

  1. The executive powers are exercisable by the President, in accordance with the advice of his Council of Ministers (Art 74).
  2. However, the President may send back any Cabinet resolution, asking the Cabinet to reconsider it. But if the resolution again comes back to him for his assent, it is obligatory for him to sign it. The right to send back any resolution to the Cabinet can be exercised only once. The net result is that the President cannot act at his discretion or “sweet will” except in certain marginal cases referred to by the Supreme Court. Different Powers:
  3. Administrative Powers : The Indian President remains the formal Head of the Union Administration and as such, all executive functions of the Union are expressed to be taken in his name. Further, all officers of the Union shall be subordinate to him and “He will have a right to be informed of the affairs of the Union”. (Art 78) Put simply, it means that he can ask for any file/document or information relating to the affairs of the Union. The administrative power includes the power to appoint and remove certain high dignitaries of the State. The President enjoys the power to appoint
  4. The Prime Minister
  5. Other Central Ministers on PM’s advice
  6. The Attorney-General of India
  7. The Comptroller and Auditor-General of India
  8. Supreme Court Judges including the CJI
  9. High Court Judges including the Chief Justice
  10. The Governor of a State
  11. The Finance Commission
  12. The Union Public Service Commission and Joint Commission for a group of States
  13. A special officer for SC/STs
  14. A Commission on Scheduled Areas
  15. A Commission on Official Languages
  16. A special officer for Linguistic Minorities
  17. The Chief Election Commissioner and other Election Commissioners
  18. A Commission for Backward Classes He is competent to remove
  19. the Union Ministers (on the advice of the PM)
  20. the Attorney-General of India
  21. the Chairman or a member of the Union Public Service Commission on the report of the Supreme Court.
  22. a Supreme Court/High Court Judge/Election Commissioner, on an address of Parliament. Military Powers : The President is the Supreme Commander of the Armed Forces in India and as such, has the right to declare war or peace with any country. However, such powers are subject to parliamentary control. Diplomatic Powers : The task of negotiating international treaties and agreements belongs to the President, who acts according to ministerial advice in such matters. This again is subject to ratification by the Parliament. Legislative Powers: The President is component part of the Union Parliament (though not a member of either House) and enjoys the following legislative powers:
  23. Summoning, Prorogation, Dissolution: The President has the power to summon (call) or prorogue (end the session) the Houses of Parliament and to dissolve the Lok Sabha.
  24. He also enjoys the right to call a Joint Sitting of both the Houses to resolve a deadlock over any bill. (Art 108)
  25. He addresses the first session after each general election and at the first session of each year.
  26. He can nominate 12 members to the Rajya Sabha from persons with special achievements/experience in literature, science, art and social service. Similarly, he has the right to nominate 2 Anglo-Indians to the

Lok Sabha, if he feels their representation is not sufficient. It is obligatory to obtain Presidential sanction beforehand in case of certain bills like –

  1. a bill for forming a new state/change of state boundaries
  2. a money bill
  3. a bill affecting taxation in which states are also interested A Bill becomes an Act only after getting Presidential assent. The President is competent to take any of the following steps if a Bill is presented to him for his assent:
  4. He may give assent to the Bill enabling it to become a law.
  5. He may withhold his assent.
  6. He may return the Bill for reconsideration (except Money Bills) to the Parliament. If the Bill is re- presented to him in this case after reconsideration, it is obligatory for him to give his assent to it. The above is true of ordinary bills (bills except Money and Amendment Bills). The President of India cannot refuse to sign a bill. At the most, he can withhold his assent from the bill, which is the equivalent of not approving a Bill. Also, there is no time-limit prescribed for him to give his assent to a Bill. Theoretically speaking, he may keep the Bill in his pocket for an indefinite time. An example in this regard is Mr. Zail Singh’s, who kept the Postal Amendment Bill with him and it lapsed without his approval once he retired from office. This type of veto power is known as “Pocket Veto”. In case of sending back the Bill for re-consideration, if the Bill again comes back to him, the only effect of sending back the bill is suspending the process of assent for some days. This is referred to as “Suspensive Veto”. Ordinance-Making Power: The President enjoys the power to issue an ordinance at a time , when the Parliament is not in session. An ordinance, for all practical purposes, has the effect of a normal law passed by the Parliament. This power is exercised by him on Cabinet advice. The ordinance issued by the President must be passed by the Parliament within 6 weeks of reassembly otherwise it will cease to be in operation. (Art 123) The Pardoning Powers: He can grant pardon, reprieve, respite, suspension, remission or commutation in punishment in cases where death sentence is awarded by the Courts (even by a Court-Martial). He is the only authority for pardoning a death sentence. Miscellaneous Powers:
  7. Power to draw up and notify the lists of Scheduled Castes and Scheduled Tribes for each state separately and UTs.
  8. To refer any matter to the Supreme Court for its advice (Art. 143) Emergency Powers (Part XVIII) Three types of emergency have been prescribed under the Constitution to deal with exigencies. The President can
  9. declare a “ Proclamation of Emergency” due to threat to the security of India or any part of it. It can be imposed even in the anticipation of such a threat. The proclamation of emergency must be passed by both Houses with special majority within one month of its issuance. It can last for six months by passing each such resolution by the requisite majority. Because of war, external attack or armed rebellion. (Art.352 ). An example is the infamous emergency imposed in 1975 by Mrs. Indira Gandhi. Please note that whenever the word “Emergency” alone is used, it refers to the National Emergency. During such an Emergency, the Union can direct the States to perform their Executive functions in the manner specified by it, thus bringing the States under the complete control of the Union (without suspending it). During such times, the Parliament will be authorized to make laws in respect of the State List also (which it normally does not do). Whenever a proclamation of emergency is issued, the rights granted by Art. 19 are immediately suspended. Any other FR can be suspended depending on a special presidential order except the Right To Life. But since the emergency order has to be ultimately approved by the Parliament and it is within its right to disapprove it, the final authority to suspend any FR in India remains the Indian Parliament.
  10. proclaim a state emergency (Art 356) due to breakdown of governmental machinery in any state if he is satisfied that the government there cannot be carried out according to Constitutional provisions. Such breakdown may occur due to a political deadlock (as in UP where no government could be formed even after election owing to a hung assembly) or failure of the state government to comply with directions of the Union. In such cases, the President suspends the assembly of that state and rules the state through the Governor, who is his nominee. That is why this is popularly known as the “ President’s Rule”. It has been applied

represented. Members of the Lok Sabha are elected by an electoral college of all adult citizens (of not less 18 years and who is not disqualified for non-residence, unsoundness of mind, crime or corrupt or illegal practices-Universal Adult Franchise – Art. 326). The normal duration of a Lok Sabha is 5 years , unless dissolved earlier by the President. The duration can be increased by a maximum of 1 year at a time only during an Emergency.

  1. The Speaker : The Speaker is the person who presides over the Lok Sabha sittings. Soon after its formation, the new Lok Sabha chooses its Speaker and the Deputy Speaker. Since the newly – constituted Lok Sabha is yet to elect a Speaker who can administer the oath of office and secrecy to all the new MPs, the House normally elects a Pro-Tem (sort of temporary) Speaker to conduct the business during that time. The Speaker conducts the business of the House as per the Rules of Business. The Speaker may cease to be so
  2. if s/ he loses the Lok Sabha membership for some reason
  3. if s/he submits his/her resignation in writing to the Deputy Speaker and vice-versa.
  4. If s/he is removed from the post by a Lok Sabha resolution supported by a majority all the members of the House. Normally, the Speaker exercises the casting vote in case of a tie over a bill in the House. Besides, the LS Speaker presides over a Joint Sitting of both the Houses. The Speaker also ratifies a bill as Money Bill and his decision in this matter is final. During a vacancy in the office of the LS Speaker, the Deputy Speaker performs his duties. After the first General Elections in 1951, GV Mavlankar became the first Speaker of the Lok Sabha.
  5. The Rajya Sabha: It is a permanent House (cannot be dissolved) with a member having a term of 6 years. One-thirds of its members retire after every two years. Consequently, there will be an election of one-thirds of the Rajya Sabha at the beginning of every 3rd year. It is the duty of the President to summon both Houses of Parliament at such intervals that not more than 6 months elapse between two successive sessions. The Vice-President of India is the ex-office Chairman of the Rajya Sabha. During his absence, the Deputy Chairman discharges his duties in the House.
  6. Legislative Procedures For Bills Other Than Money Bills: May be introduced in either House by a Minister or a private member. A private member has to seek prior permission of the House before introducing the Bill, which is normally given. After introduction in the House, the Bill is discussed by the House and is thereafter put to vote. In case of bills other than Money Bills, a simple majority is required to pass them (at least 50 percent of those present and voting in the House must approve it.) After being passed in this manner in one House, Bill goes to the other House. Upon receipt in the other House, it undergoes all the stages again as it has in the earlier House. The other House may subsequently
  7. reject the Bill altogether
  8. pass the Bill with amendments. If on return to the originating House, the amendments are accepted by it, the Bill goes to the President for his assent. However, if the originating House does not agree to the amendments proposed by the other House, there is a deadlock and the provision of a Joint Sitting may be applied in such cases.
  9. may take no action on it. If more than 6 months elapse in this manner, a Joint Sitting may be summoned by the President. Though in most spheres, the LS and the RS are equal in the matter of their rights, there are certain special privileges enjoyed by the LS and the RS separately. For example,
  10. Only the Rajya Sabha can recommend the creation of one or more All-India Services.
  11. Only the Rajya Sabha can pass a resolution to enable the Parliament to make a law on anything contained in the State List. Similarly, the Lok Sabha enjoys certain special powers like the unique ability to introduce a money bill and its dominant role in passing it. Money Bills : A Bill is defined as a Money Bill if it contains any of the following provisions ONLY:
  12. imposition, abolition, reduction, alteration, remission or regulation of any tax
  13. taking out/depositing money from/into the Consolidated Fund/ Contingency Fund of India (Art. 110) On the other hand, a Financial Bill is a Bill which deals with taxation plus some other provisions. That is why the Annual Budget is known as the Annual Finance Bill because it contains many provisions apart from those related to taxes. A Money Bill can be introduced only in the Lok Sabha on the recommendations of the President. The decision of the Speaker of the LS is final in certifying whether

a Bill is a Money Bill or not. The Rajya Sabha cannot initiate a Money Bill nor can it reject or amend it after passage by the Lok Sabha. The Rajya Sabha must return a Money Bill within 14 days of receipt, after which the Lok Sabha may accept any of its recommendations. In case the RS recommendations are accepted by the LS, the Bill will be deemed to have been passed by both the Houses. In case the LS does not accept the RS recommendations, the Bill will be deemed to have been passed by both the Houses. If the RS does not return the Bill within 14 days of its receipt, it will be deemed to have been passed. The net result is that the RS does not have much say in matters of Money or Finance Bills. For example, in case of Annual Budget, the Rajya Sabha can discuss it or propose amendments to it but it is not obligatory for the LS to accept them. The President is bound to give his assent to a Money Bill so passed in the first instance itself and cannot withhold his assent or send it back to Parliament. In the Lok Sabha, estimates of expenditures are submitted in the form of Demands-For-Grants on particular heads and are followed by a vote of the House on each of those heads. After voting, the grants so made by the LS and the expenditures charged on the Consolidated Fund of India (which are non-votable like the salaries of SC./HC Judges, President’s salary and other office expenses) are included in an Appropriation Bill, providing legal authority for drawing money from the Consolidated Fund of India. VIII. The State Executive: Our Constitution provides for a federal set-up and contains provisions for the administration of the Union and the State governments. The procedure laid down for the governance of the States is equally applicable to all, except Jammu and Kashmir.

  1. The Governor: The State Governor is largely parallel to the Union President in matters of his role in the legislative and executive process. The Governor, appointed by the President, holds office at the President’s pleasure and enjoys the formal executive authority in a state. Any Indian Citizen above 35 years of age is eligible for Governorship, but he must not hold any office of profit, nor he be a member of the Union or a State Legislature. The powers of appointment to the State Council of Ministers, the Advocate-General, recommending Money- Bills etc. enjoyed by the Governor are largely analogous to those held by the President at the Centre. The normal office term of a Governor is 5 years, terminable earlier by resignation to the President or dismissal by the President. In case of any vacancy in the President’s office due to death, resignation, impeachment etc. Chief Justice of concern state High court act as a Governor Salary, Allowances: The Governor gets a monthly salary plus an official residence free of cost and other allowances and privileges as per law.
  2. The State Legislature: Some of the states are unicameral i.e. have got only the State Legislative Assembly. In some others, apart from it, there is a State Legislative Council e.g. Bihar, Jammu and Kashmir. The SLC is largely analogous to the Rajya Sabha while the State Legislative Assembly is the equivalent of the Rajya Sabha.
  3. Special Status of J&K: Under Art. 370, the State of Jammu and Kashmir enjoys certain special privileges as compared to other States in the Union e.g.
  4. J&K has its separate State Constitution which no other state in India has.
  5. No Constitutional Amendment Act passed by the Parliament is applicable to J&K unless it is extended so by a Presidential order
  6. The President’s rule (Art.356) cannot be applied in J and K.
  7. No proclamation under Art.352 (National Emergency) can be applied to J&K , without the concurrence of the State Government.
  8. The Directive Principles of State Policy do not apply to J&K and the Fundamental Right To Property still exists in the State. The Indian Judicial System: The Supreme Court of India sits at the apex of the judicial system in India and the Parliament is competent to make any changes regarding its constitution, jurisdiction and the salaries payable to its judges. The Supreme Court comprises a Chief Justice of India and 25 other Judges. Besides, the CJI, with presidential consent, can request a retired SC Judge to act as a Temporary Judge in case of lack of quorum. Qualifications and Tenures of Judges A person, in order to be appointed an SC Judge must
  9. be a citizen of India

The mode of removal of both SC and HC Judges is the same i.e. impeachment by Parliament and both hold office during “good behviour”. Both categories of Judges, in addition to a monthly salary, are entitled to the use of an official residence, free of cost. The Finance Commission: A Finance Commission will be appointed by the President every five Years ( Art. 280) to report on the distribution of financial resources between the Union and the States. It is the duty of the FC to report on –

  1. The allocation of divisible tax resources between the Centre and the States.
  2. the principles which should govern the grants-in-aid of the States’ revenues out of the Consolidated Fund of India.
  3. any other matter referred to the Commission by the President. The Union and State Public Service Commissions: There is a Union Public Service Commission to conduct examinations for appointment to Union posts, advise on any matters referred to it by the President, transfers/promotions and other service matters. The number of the UPSC members is decided by the President. The Commission members shall hold office for 6 years from the date of appointment. Sufficient provisions have been made to guard the independence of the UPSC. For example, a UPSC member can be removed by the President only on the report of the SC, which will conduct an enquiry into the case. The UPSC presents an annual report to the government on its functioning and this report is tabled in the parliament. Please note that the work of the Commission is purely advisory and the government may refuse to implement the recommendations for appointments made by the UPSC, for which it has give reasons. The final appointing authority for the All-India Services is the President. In each state, there is a State Public Service Commission, appointments to which are made by the Governor concerned. A Joint Commission may also be constituted by the President on the states’ request. XII. Elections in India: The Indian Constitution does not describe the details of the election process, it prescribes only essential guidelines, the rest is left to legislation. In India, the general principle of elections is Universal Adult Franchise i.e. every citizen who is 18+ years of age is entitled to vote for Lok Sabha elections regardless of any consideration of caste, color, creed, sex, place of residence and the like. (provided he has not been disqualified otherwise on grounds of no residence, crime, unsoundness of mind, corrupt or illegal practices) In pursuance of the authority granted by the Constitution, the Representation of People’s Act-1951 and the Delimitation Commission Act-1962 have been enacted, which describe in detail the electoral process to be followed in elections and the mode of formation of electoral constituencies. All electoral disputes connected with LS/RS elections are challengeable only in a High Court by means of an Election Petition, with an appeal to the Supreme Court while the disputes concerning any Presidential elections can be taken to the Supreme Court only. The Constitution provides for an Election Commission consisting of a Chief Election Commissioner and other Election Commissioners, as may be decided by the President from time to time (Art 324). The Election Commission is charged with the duty of conducting, supervising and controlling the entire machinery and the procedure for elections to Parliament, State Legislative Assemblies, offices of President and Vice-President of India. The CEC cannot be removed from his post except in a manner similar to an SC Judge i.e. proved misbehaviour/incapacity. The other Commissioners may be removed by the President on the CEC’s recommendation. The election process regarding the Lok Sabha elections is initiated on the recommendations of the Home Ministry. A specified period is given for filing nomination, which must be supported by at least 10 electors. A security deposit is also to be given with the Returning Officer of the constituency, which is forfeited if the candidate fails to get at least one-sixth of total valid votes polled in that election. The results are declared by the Returning Officer of the constituency concerned. The results can, however, be withheld by the EC in cases
  4. where the constituency has been identified as being communally sensitive
  5. the victory margin between two topmost competing candidates is less than 5 percent of valid votes polled. Recounting may be ordered in such cases by the EC. The EC also performs the task of recognizing political parties. Around 43 recognized political parties exist in India, which may be either of the two types:
  1. National parties are those parties, which secure a minimum of 5% total votes in any previous Lok Sabha elections OR 5 percent votes in at least 4 State Assembly Elections e.g. the Congress, the BJP.
  2. All other parties which do not fulfil the above criteria are classified as regional parties e.g. Akali Dal, Muslim league, Revolutionary Socialist Party. JDU, SP,BSP,AAP etc. Notably, the increase or decrease in the no. of districts in any state has no impact on the number of Lok Sabha constituencies which is fixed by the Delimitation Commission. For instance, the current no. of seats is based on the 1971 Census Report. The number of LS of seats has now been frozen till 2026 in deference to requests by some states. XIII. Some Important Political Terms
  3. Lame duck Government : Is defined as that government which has lost the motion of no-confidence in the Lok Sabha and does not have the constitutional authority to run the government. Still on being asked by the President, such a government has to continue until alternative arrangements are made. Such a government is referred to as a lame duck government.
  4. Left Parties : Are those parties that adopt a radical political ideology. For instance, the CPI, CPI(M) and RSP etc.
  5. Right Parties : Are defined as those parties which adopt a politically conservative ideology e.g. the BJP, Shiv Sena etc.
  6. Centrist Parties : Are those which adopt a political position which is a via media between the leftist and the rightist political ideologies.
  7. Cut Motion : A motion moved to effect a cut in the Annual Budget. If an insignificant cut is proposed, such a motion is known as a token cut motion. It has great political significance because if it is carried through in the Parliament, the government is under moral obligation to resign as a consequence.
  8. Zero Hour : That time during parliamentary proceedings in the day when any matter of urgent national importance without any prior notice.
  9. Starred Question : Those the answers to which are given orally by the Minister concerned in the
  10. Unstarred Questions : The answers to which are given in writing in Parliament by the Minister
  11. Vote-On–Account : Is passed without discussions pending final approval by the Parliament if money is required urgently.
  12. Guillotine : A motion is said to be guillotined if it is passed without any discussion on it in parliament in view of urgency of the issue under question.
  13. Filibuster : Is a person who, in order to block the passage of a bill in Parliament, makes a long speech just before voting is going to take place. This term has British origins. Such a person and such a speech, both are referred to as a filibuster. 1 2. Whip : A whip is a person who regulates the presence and conduct of the members of a particular political party in Parliament. He is supposed to ensure their presence and voting on particular days and in a particular manner. Before voting on any matter in Parliament, an order is issued by the whip to all party MPs. Such an order is also known as a whip. Under the provisions of the Anti-Defection Law, violating a party whip can attract disqualification from Parliament. However, as per current provisions, which are likely to undergo drastic change in future, party splits (i.e. if one-thirds or more legislators from a particular party leave it and join another one) are not termed as defections and do not attract penal provisions. Major Constitutional Provisions on Education in India Some of the major constitutional provisions on education in India are as follows: There are some changes regarding the 42nd Amendment to the Constitution. During 1976 our constitution was amended in many of its fundamental provisions. Under the Constitution of India, the Central Government has been specifically vested with several educational responsibilities. **Below are given constitutional provisions on Education:
  14. Free and Compulsory Education: The Constitution (Eighty-sixth Amendment) Act, 2002, inserted article 21-A (“Right to Education”) in the Constitution of India, establishing education as a fundamental right**. Article 21-A stipulates that “[t]he State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” Education is on the Concurrent List of shared subject matter, which enables both the central government and the individual states to regulate education. Prior to the insertion of article 21-A, the Supreme Court of India held in 1992 that the right to education

institutions or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person a minor, his guardian has given his consent thereto.” Article 30 states , “The state shall not, in granting aid to educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them .”

6. Equality of Opportunity in Educational Institutions: Article 29(1) states “No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them.” The Fundamental Rights of the Indian Constitution has also adopted the fourfold ideal of justice, Liberty, Equality and Fraternity. Our Constitution laid down that in the eyes of law, everyone should have an equal status, to no one the justice be denied, everyone should have liberty of thought, expression. The fundamental right of equality clearly signifies that in the eyes of law no distinction can be made on the basis of any position, caste, class or creed. Side by side the right of equality of opportunities to all is also provided. The equality of opportunity is meaningless, unless there are equal opportunities for one’s education. The well-known Kothari Commission, 1964-66 recommended that Central Government should undertake the responsibility in education for the equalization of educational opportunities with special reference to the reduction of inter-state differences and the advancement of the weaker section of the community. 7. Instruction in Mother - Tongue: There is diversity of languages in our country. After the dawn of Independence, Mother- Tongues have received special emphasis as medium of instruction and subjects of study. In the Constitution of India, it has been laid down that the study of one’s own language is a fundamental right of the citizens. Article 26 (1) states , “Any section of the citizens, residing in the territory of India or any part thereof, having a distinct language, script or culture of its own, shall have the right to converse the same.” Article 350 A directs , “It shall he endeavour of every state and e very local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.” Secondary Education Commission, 1952-53 recommended that the mother tongue or the regional language should generally be the medium of instruction throughout secondary school stage subject to the provision that for linguistic minorities, special facilities should be made available. Kothori Commission, 1964-66 has also said that at college and university stage, mother-tongue should be the medium. The medium of instruction at school level is already mother-tongue. This is not a new proposal. 8. Promotion of Hindi: The Indian Constitution makes provision for the development and promotion of Hindi as national language. Article 351 enjoins the Union, the duty to promote the spread of the Hindi language. Hindi accepted as the Official Language of India as laid down by the Constitution in following words: “It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.” In practice, Hindi is already largely in use as a link language for the country. The educational system should contribute to the acceleration of this process in order to facilitate the movement of student and teacher and to strengthen national Unity. 9. Higher Education and Research: Parliament has the exclusive rights to enact legislation in respect of institutions and Union Agencies mentioned in entries 63, 64, 65, and 66 of List. The entries which give authority to the Government of India in education are mentioned below: Entry 63 of the Union List: The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim and the Delhi University, and any other institution declared by Parliament by law to be an Institution of National importance. Entry 66 of the Union List: Co-ordination and determination of standards in institution for higher education or research and scientific and technical institutions. 10. Women’s Education: One of the unique features of Modem Indian Education is the tremendous advancement of Women’s Education. Education of the girls is considered to be more important than that of the boys.

The Constitution makes the following provisions under different articles: Article 15(1) provides that the State shall not discriminate any citizen on groups only of sex. Article 15 (3) reads:” Nothing in this article shall prevent the State from making any special provision for women and children.” The well-known National Policy on Education was concerned about the status and education of women in the country. It envisages that education would be used as a strategy for achieving a basic change in the status of women. It opined that the national system of education must play a positive role in this direction. The Policy states, “Education will be used as an agent of basic change in the status of women. In order to neutralize the accumulated distortions of the past, there will be a well-conceived edge in favour of women.”

11. Education in the Union Territories: Article 239 of the Constitution states, “Save as otherwise provided by Parliament by Law, every Union Territory shall be administrator by the president acting to such extent as he thinks fit through an administrator to be appointed by him with such designation as he may specify.” 12. Educational and cultural relations with foreign countries: Entry 13 of the Union List reads. Participation in international conferences, associations and other bodies and implementing decisions made there at.