New Indian Polity Book

CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O.
ULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, Ph hh hh: 0175- 2216204, 5051204 : 0175- 2216204, 5051204 : 0175- 2216204, 5051204 : 0175- 2216204, 5051204 : 0175- 2216204, 5051204
1 Indian Polity
Constitutional Development
The British came to India in 1600 as traders, in the form of East India Company, which had the exclusive
right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the Company, which till now
had purely trading functions obtained the 'diwani' (i.e., rights over revenue and civil justice) of Bengal,
Bihar and Orissa. This started its career as a territorial power. In 1858, in the wake of the 'sepoy mutiny',
the British Crown assumed direct responsibility for the governance of India. This rule continued until
India was granted independence on August 15, 1947.
With Independence came the need of a Constitution. As suggested by M N Roy (a pioneer of communist
movement in India and an advocate of Radical Democratism) in 1934, a Constituent Assembly was formed
for this purpose in 1946 and on January 26, 1950, the Constitution came into being. However, various
features of the Indian Constitution and polity have their roots in the British rule. There are certain events
in the British rule that laid down the legal framework for the organisation and functioning of government
and administration in British India. These events have greatly influenced our constitution and polity.
They are explained here in a chronological order.
Indian Polity
Regulating Act 1773
Supreme Court Calcutta.
1. It designated the Governor of Bengal as the
Governor-General of Bengal.
2. The First Governor-General of Bengal was Lord
Warren Hastings.
3. It subordinated the Governors of Bombay and
Madras to the Governor-General of Bengal.
4. The Supreme Court was established at Fort
William (Calcutta) as the Apex Court in 1774.
Pitt's India Act of 1784
Establishment of Board of Control to guide and su-
pervise the affairs of the company in India
1. It was introduced to remove the drawbacks of
the Regulating Act.
2. Was named after the then Bri ti sh Pri me
Mi ni ster.
3. Placed the Indian affairs under the direct
control of the British Government.
4. Established a Board of Control over the Court of
Directors.
Charter Act of 1833
Company's monopoly of trade with India completely
abolished. Created the post of Governor General of
India. Constitution of a law commission.
1. It made the Governor General of Bengal as the
Governor General of India.
2. First Governor General of India was Lord
William Bentick.
3. All civil and military powers were vested in him.
4. Governments of Bombay and Madras were
deprived of their legislative powers.
5. This was the final step towards centralisation
in the British India.
6. The act ended the activities of the East India
Company as the commercial body.
Charter Act of 1853
Open annual competitive examination for civil
services (Macaulay Commission to work out the
details)
Legislative and Executive Councils separated.
These notes on I ndian Polity are useful for
Civil Services (I AS), PCS, CDS, NDA, Asst. Commandant, SSC, PO and for Law Entrance.
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CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, Ph hh hh: 0175- 2216204, 5051204 : 0175- 2216204, 5051204 : 0175- 2216204, 5051204 : 0175- 2216204, 5051204 : 0175- 2216204, 5051204
2 Indian Polity
Flash Back
1687 The first Municipal Corporation in
India was set up in Madras.
1772 Lord Warren Hastings created the office
of District Collector.
1829 The office of the Divisional Commis-
sioner was created by Lord William
Bentick.
1859 The portfolio system was introduced by
Lord Canning.
1860 A system of Budget was introduced.
1870 Lord Mayo' s resolution on financial
decentralisation, visualised the de-
velopment of local self-government
institutions in India.
1872 First census in India was conducted
during Lord Mayo's period.
1881 First regular census was conducted
during the period of Lord Ripon.
1882 Lord Ripon's resolution was hailed as
the 'Magna Carta' of local self-govern-
ment. He is regarded as the 'Father of
local self-government in India'.
1905 The tenure system was introduced by
Lord Curzon.
1905 The Railway Board was set up by a
resolution of the Government of India.
1921 Public Accounts Committee was created
at the Centre.
1921 Railway Budget was separated from the
General Budget.
1935 Reserve Bank of India was established
by an act of the Central Legislature.
Government of India Act of 1858
British Crown assumed sovereignty over India
from the East India Company. Provided absolute
imperial control without any popular participation
in the administration of the country.
1. This Act transferred the Government, territo-
ries and revenues of India from the East India
Company to the British Crown.
2. The rule of company was replaced by the rule
of Crown in India.
3. The powers of the British Crown were to be
exercised by the Secretary of State for India.
4. The secretary of state was a member of the Brit-
ish Cabinet.
5. He was assisted by the Council of India, having
15 members.
6. He was vested with complete authority and
control over the Indian administration through
the Governor-General as his agent.
7. He was responsible ultimately to the British
Parliament.
8. The Governor General was made the Viceroy
of India.
9. Lord Canning was the first Viceroy of India 1858.
Indian Councils Act of 1861
1. It introduced for the first time in the repre-
sentative institutions in India.
2. It provided that the Governor General's
Executive Council should have some In-
di ans as the non-offi ci al members whi l e
transacting the legislative businesses.
3. Initiated the process of decentralisation by
restoring the legislative powers to the Bom-
bay and the Madras Presidencies.
4. It accorded the statutory recognition to the
portfolio system.
1. Introduced the Principle of elections but in an
indirect manner.
2. Enlarged the functions of the Legislative
Councils and gave them the power of discuss-
ing the Budget and addressing questions to
the Executive.
This act is also known as the Morley-Minto
Reforms after the Secretary of State for India
(Lord Morley and the Viceroy Lord Minto).
It changed the name of the Central Legislative
Council to the Imperial Legislative Council.
Introduced a system of Communal repre-
sentation for Muslims by accepting the concept
of 'separate electorate'.
First attempt to introduce a representative and
popular element in Indian Administration. Elec-
tion for Legislative Counsel at the centre.
At provincial levels elected non-members in
majority.
Lord Minto came to be known as the 'Father of
communal electorate'.
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3 Indian Polity
Government of India Act of 1919
All called Montegue-Chelmsford Reform after
the Secretary of State for India (Montegue) and
the Viceroy (Chelmsford).
Dyarchy in the Provinces (division of subjects
of administration into transferred and reserved
transferred subjects to be the responsibility of Min-
isters responsible to the Legislative Council).
Indian Legislature to become Bi-Cameral
(Council of State composed of 60 members
and Legislature Assembly composed of 144
members).
Simon Commission 1927
In November 1927 itself (i.e., 2 years before the
schedule), the British Government announced the
appointment a seven-member statutory commis-
sion under the chairmanship of Sir John Simon to
report on the condition of India under its new Con-
stitution. All the members of the commission were
British and hence, all the parties boycotted the com-
mission. The commission submitted its report in
1930 and recommended the abolition of diarchy,
extension of responsible government in the prov-
inces, establishment of a federation of British In-
dia and princely states, continuation of communal
electorate and so on. To consider the proposals of
the commission, the British Government convened
three round table conferences of the representa-
tives of the British Government, British India and
Indian princely states. On the basis of these dis-
cussions, a 'White Paper on Constitutional Reforms'
was prepared and submitted for the consideration
of the Joint Select Committee of the British Par-
liament. The recommendations of this committee
were incorporated (with certain changes) in the
next Government of India Act of 1935.
Communal Award 1932
In August 1932, Ramsay MacDonald, the Brit-
ish Prime Minister, announced a scheme of rep-
resentation of the minorities, which came to be
known as the Communal Award. The award not only
continued separate electorates for the Muslims,
Sikhs, Indian Christians, Anglo-Indians and Eu-
ropeans but also extended it to the depressed
classes (scheduled castes). Gandhiji was distressed
over this extension of the principle of communal
representation to the depressed classes and un-
dertook fast unto death in Yeravada Jail (Poona) to
get the award modified. At last, these was an agree-
ment between the leaders of the Congress and the
depressed classes. The agreement, known as Poona
Pact, retained the Hindu joint electorate and gave
reserved seats to the depressed classes.
Government of India Act 1935
Provided for federation taking the Provinces
and the Indian princely states as units.
Optional for Indian States to join the Fed-
eration (never joined) Dyarchy at the Centre.
Reserved subjects at the Centre level to the
administered by the Governor-General in his
discretion with the help of 'counselors' ap-
pointed by him, and not responsible to the Legis-
lature (this provision never came into practice).
A federal court was to be established.
Burma was separated from India.
The act divided the powers between the centre
and the units in terms of three lists, namely
the Federal List, the Provincial List and the Con-
current List.
It provided for the establishment of a Reserve
Bank of India to control the currency and credit
of the country.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Assam, Bengal, Bom-
bay, Bihar, Madras and the United Province.
The U.S. Constitution
Adopted on September 17, 1787; Came into
force on March 4, 1789
MANU : HINDU LAW GIVER
Manu (laws complied during 200 B.C. to 200 A.D.) :- Manu's
major work, the 'Manusmriti' relates to the traditions of
ancient India. He contributed many ideas in the field of pol-
ity. He offered the theory of the divine origin. He considered
the art of diplomacy as important for the king in which sama,
dana, bheda and danda play a crucial role.
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4 Indian Polity
Indian independence Act of 1947
It was based on the famous Mountbetton Plan (3rd
June, 1947). Parliament on July 5, 1947. The Act
relieved the assent of the crown on July 18, 1947
and be became effective on Aug 15, 1947. It main
provisions were:
Two Dominion States-India and Pakistan came
into existences on Aug 15, 1947.
The boundaries between the two Dominion
States were to be determined by a boundary
Commission headed by Sir Cyril Radcliff.
Both the states shall have right to frame their
Constitutions by their respective Constituent
Assemblies. They shall also have the right to
leave the British Common wealth.
The British government will not exercise any
authority over the two Dominions after Aug 15,
1947.
Till the new Constitutions are not effective, the
governments in the two states will be run on
the basis of Provisions of the Government of
India Act, 1935.
The British Crown shall cease to be ruler of
India.
The members of the civil services appointed
before Aug 15, 1947 will continue to remain in
service and to enjoy all benefits, which they
were entitled to avail so far.
Difference between a Federation
and a Confederation
Federation is a close association (legal) between
two or more units, while Confederation is a loose
association of two or more States.
In a Federation, units normally do not have the
right to secede (as in India and Pakistan), but
in the case of a Confederation, the States
always enjoy the right to secede. (e.g. CIS, erst-
while USSR)
A Federation is a sovereign body, while in
a Confederation the units or the States are
sovereign
In a Federation, there exists a legal relation
between the Federation and its people, but in Con-
federation, the people are the citizens of the re-
spective units of the Confederation.
Constitutional Experiments Constitutional Experiments Constitutional Experiments Constitutional Experiments Constitutional Experiments
Constitutional Developments linked to Na-
tional Movement :- As early as 1922 Mahatma Gan-
dhi has put forward the demand that India's political
destiny should be determined by the Indians them-
selves: 'Swaraj will not be a free gift of the British
Parliament; it will be a declaration of India's full self
express ... (The) Act of parliament will be merely a
courteous ratification of the declared wish of the peo-
ple of India'. The demand for a constitution for the
country being 'framed by its own people without out-
side interference' was first made by the Indian Na-
tional Congress in 1935 and repeated several times
between 1935 and 1939. In 1938, Jawaharlal Nehru
definitely formulated his demand for a Constituent
Assembly thus: 'The National Congress stands for in-
dependence and democratic state. It has proposed that
the constitution of free India must be framed, with-
out outside interference, by a Constituent Assembly
elected on the basis of adult franchise'. This was
reiterated by the Working Committee of the Congress
in 1939. This demand was, however, resisted by the
India under the British Crown India under the British Crown India under the British Crown India under the British Crown India under the British Crown
1. The Govt. of India Act, 1858
2. The Indian Council Act, 1861
3. The Indian Council Act, 1892
6. Simon Commission - 1928
8. The August Offer, 1940
9. The Cripps Mission, 1942
10. The Cabinet Mission Plan, 1946
11. The Mountbetton Plan, 1947
12. The Indian Independence Act the effect of
this Act was the gradual evolution of respon-
sible Govt. and Parliamentary system in
India
India under the rule of the East India Company India under the rule of the East India Company India under the rule of the East India Company India under the rule of the East India Company India under the rule of the East India Company
1. Regulating Act, 1773 2. Pitts India Act, 1784
3. Character Act, 1793 4. Character Act, 1813
5. Character Act, 1833 6. Character Act, 1853
The Character Acts were called so as they regu-
lated the character of the company granting right
to trade with India.
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5 Indian Polity
Sarojini Naidu. The members also included law-
yers such as Alladi Krishnaswami Ayyar, K.M.
Munshi; retired judges Bakshi Tekchand and P.K.
Sen; retired civil servants such as K.T. Shah. The
members jointly worked in the larger interests of
the nation and a 'spirit of compromise' marked the
proceedings of the Assembly. The other members
were Pandit Nehru, Maulana Azad, Sardar Patel,
Acharya Kripalani, Rajendra Prasad, Sarojini
Naidu, G.B. Pant, Dr. Ambedkar, Sarad Chander
Bose, C. Rajagopalacharya.
The elections to the Constituent Assembly (for
296 seats allotted to the British Indian Provinces)
were held in July-August 1946. The Indian National
Congress won 208 seats, the Muslim 73 seats, and
the small groups and independents got the remain-
ing 15 seats. However, the 93 seats allotted to the
princely states were not filled as they decided to stay
away from the Constituent Assembly.
The constituent Assembly was set up in Novem-
ber 1946 as per the Cabinet Mission Plan of
1946.
The Drafting Committee was appointed on 29th
August 1947, with Dr. B.R. Ambedkar as the
Chairman.
Originally, it had 22 parts, 395 articles and 8
schedules.
The only state having constitution of its own is
Jammu and Kashmir.
The first election to the Parliament was held in
1952.
The British Government accepted this demand
for the first time in the Aug offer of 1940.
The Mountbetton plan of June 3, 1947 announced
the partition of the country and a separate constitu-
ent assembly for the proposed state of Pakistan.
The first meeting of the Constituent assembly
was boycotted by the Muslim League.
Working of the Constituent Assembly :- The
Constituent Assembly held its first meeting on De-
cember 9, 1946. The Muslim League boycotted the
meeting and insisted on a separate state of Paki-
stan. The meeting was thus 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
British Government until the outbreak of World War
II. In March 1942, when the Japanese were about to
attack India, they sent Sir Stafford Cripps, a mem-
ber of the Cabinet, with a draft declaration of the pro-
posals of the British Government which were to be
adopted at the end of the War, provided the two major
political parties Congress and the Muslim League
could come to an agreement to accept them. But the
two parties failed to come to an agreement to accept
the proposals.
Composition of the Constituent Assembly :- The
Constituent Assembly was constituted in November
1946 under the scheme formulated by the Cabinet
Mission Plan.
1. The total strength of the Constituent Assem-
bly was to be 389. Of these 296 seats were to
be allotted to British India, 93 seats to the
Princely States. Out of 296 seats allotted to the
British India, 292 members were to be drawn
from the eleven governors' 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 mil-
lion population.
3. Seats allocated to each British province were to
be decided among the three principal communi-
ties -Muslims, Sikhs and general (all except Mus-
lims and Sikhs), in proportion to their population.
4. The representatives of each community were to
be elected by members of that community in the
provincial legislative assembly and voting was to
be by the method of proportional representation
by means of single transferable vote.
5. The representatives of princely states were to be
nominated by the heads of the princely seats. It
is thus clear that the Constituent Assembly was
to be a partly elected and partly nominated body.
6. There was hardly any cultural or religious sect that
went unrepresented in the Assembly. The Hindu
Maha Sabha was represented by Shyama Prasad
Mukherjee, the Parsi and Marwari communities
by H.P. Modi and D.P. Khaitan; Anglo-Indians by
Frank Anthony; the Adivasis by Jaipal Singh;
women by Vijaya Lakshmi Pandit, Durgabai and
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6 Indian Polity
Prasad and HC Mukherjee were elected as the
president and vice-president of the Assembly re-
spectively. Sir B N Rau was appointed as the Con-
stitutional advisor to the Assembly.
On December 13, 1946, Pandit Nehru moved the
historic 'Objectives Resolution' in the Assembly. It
was adopted by the Assembly on January 22, 1947. It
influenced the eventual shaping of the Constitution
through all its sub-sequent stages. Its modified ver-
sion forms the Preamble of our Constitution.
The representatives of the princely states, who
had stayed away from the Constituent Assembly,
gradually joined it. On April 28, 1947, representa-
tives of the six states were part of the Assembly.
After the acceptance of the Mountbatten Plan of
June 3, 1947 for the partition of the country, the
representatives of most of the other princely states
took their seats in the Assembly. The members of
the Muslim League from the Indian Dominion also
entered the Assembly.
The Indian Independence Act of 1947 made
the following three changes in the position of the
Assembly :
1. The Asssembly was made a fully sovereign body,
which could frame any Constitution it pleased.
The act empowered the Assembly to abrogate or
alter any law made by the British Parliament in
relation to India.
2. The Assembly also became a legislative body. In
other words, two separate functions were assigned
to the Assembly, that is, making of a constitution
for free India and enacting of ordinary laws for the
country. These two tasks were to be performed on
separate days. Thus, the assembly became the first
Parliament of free Indian (Dominion Legislature).
Whenever the Assembly met as the Constituent
body it was chaired by Dr. Rajendra Prasad and
when it met as the legislative body, it was chaired
by G V Mavlankar. These two functions continued
till November 26, 1949, when the taste of making
the Constitution was over.
3. The Muslim League members (hailing from the
areas included in the Pakistan) withdrew from the
Consequently, the total strength of the Assembly
came down to 299 as against 389 originally fixed
in 1946 under the Cabinet Mission Plan. The
strength of the Indian provinces (formerly British
Provinces) was reduced from 296 to 229 and those
of the princely states from 83 to 70.
In addition to the making of the Constitution and
enacting of ordinary laws, the Constituent Assembly
also performed the following functions :
1. It ratified the India's membership of the Com-
monwealth inmay 1949.
2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24,
1950.
4. It adopted the national song on January 24, 1950.
5. It elected Dr. Rajendra Prasad as the first presi-
dent of India on January 24, 1950.
In all, the Constituent Assembly had 11 sessions
over 2 years, 11 months and 18 days. The Constitu-
tion-makers had gone through the constitutions of
about 60 countries, and the Draft Constitution was
considered for 114 days. The total expenditure
eincurred on making the Constitution amounted to
Rs. 64 lakh.
Only January 24, 1950, the Constituent As-
sembly 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.
Acceptance of Constitution :- On 29 August 1947
the Constituent Assembly appointed a Drafting Com-
mittee under the chairmanship of Dr. Ambedkar. The
members of this Committee were N. Gopalaswamy
Ayyangar, Alladi Krishnaswamy (Ayyar K.M. Munshi,
Mohd. Sa'adullah, B.L. Mitter (later replaced by N.
Madhava Rao), Dr. D.P. Khaitan, (replaced on death
by T.T. Krishnamachari). This committe came out
with a draft Constitution of Indian in February 1948.
The Constituent Assembly worked in three phases :-
I Phase :- 6 December 1946 to 14 August 1947.
II Phase :- 15 August 1947 to 26 November 1949.
III Phase :- 27 November 1949 to March 1952.
Committees on Substantive Affairs :-
1. Drafting Committee (Chairman : Dr. B R
Ambedkar)
2. Committee for Negotiating with States (Chairman
: Dr. Rajendra Prasad)
3. Union Constitution Committee (Chairman :
Jawaharlal Nehru)
4. Provincial Constitution Committee (Chairman :
Sardar Patel)
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7 Indian Polity
5. Committee on Fundamental Rights and Minori-
ties (Chairman : Sardar Patel)
Criticism of the Constituent Assembly :-
1. Not a Representative Body :- The critics have
argued that the Constituent Assembly was not
representative body as its members were not di-
rectly elected by the people of India on the basis
of universal adult franchise.
2. Not a Sovereign Body :- The critics maintained
that the Constituent Assembly was not a sover-
eign body as it was created by the proposals of the
British Government. Further, they said that the
Assembly held its sessions with the permission
of the British Government.
3. Time Consuming :- According to the critics, the
Constituent Assembly took unduly long time to
make the Constitution. They stated that the
framers of the American Constitution took only
four months to complete their work.
4. Dominated by Congress :- The critics charged
that the Constituent Assembly was dominated by
the Congress party. Granville Austin, a British
Constitutional expert, remarked: 'the Constitu-
ent Assembly was a one-party body in an essen-
tially one-party country. The Assembly was the
Congress and the Congress was India'.
5. Lawyer-Politician Domination :- It is also main-
tained by the critics that the Constituent Assem-
bly was dominated by lawyers and politicians.
They pointed out that other sections of the soci-
ety were not sufficiently represented. This, to
them, is the main reason for the bulkiness and
complicated language of the Constitution.
6. Dominated by Hindus :- According to some crit-
ics, the constituent Assembly was a Hindu domi-
nated body. Lord Viscount Simon called it 'a body
of Hindus'. Similarly, Winston Churchill com-
mented that the Constituent Assembly repre-
sented 'only one major community in India'.
Salient F Salient F Salient F Salient F Salient Featur eatur eatur eatur eatures of es of es of es of es of the the the the the
Co n s t i t u t i o n Co n s t i t u t i o n Co n s t i t u t i o n Co n s t i t u t i o n Co n s t i t u t i o n
1. Lengthiest Written Constitution :- Constitutions
are classified into written, like the American Con-
stitution, or unwritten, like the British Constitution.
The Constitution of India is the lengthiest of all the
written constitutions of the world. It is a very com-
prehensive, elaborate and detailed document.
Originally (1949), the Constitution contained a Pre-
amble, 395 Articles (divided into 22 Parts) and 8 Sched-
ules. Presently, it consists of a Preamble, about 450
Articles (divided into 24 Parts) and 12 Schedules. The
various amendments carried out since 1951 have
deleted about 20 Articles and one Part (VII) and added
about 70 Articles, three Parts (IVA, IXA and XIVA) and
four Schedules (9, 10, 11 and 12). No other Constitu-
tion in the world has so many Articles and Schedules.
Four factors have contributed to the elephantine
size of our Constitution. They are :
(a) Geographical factors, that is, the vastness of the
country and its diversity.
(b) Historical factors, e.g., the influence of the Gov-
ernment of India Act of 1935, which was bulky.
(c) Single Constitution for both the Centre and the
states except Jammu and Kashmir.
(d) Dominance of legal luminaries in the Constitu-
ent Assembly.
2. Drawn From Various Sources :- The Constitu-
tion of India has borrowed most of its provisions from
the constitutions of various other countries as well
as from the Government of India Act of 1935. Dr. B R
Ambedkar proudly acclaimed that the Constitution
of India has been framed after 'rensacking all the
known Constitution of the World'.
3. Government of India Act of 1935 :- More than
2/3 (two-third of the Constitution is taken from the
Government of India Act of 1935.
Basic structure of the polity, provisions regulat-
ing the Union-State relations, declaration of Emer-
gency, Federal scheme, power of Federal Judiciary,
and the office of the Governor etc are mainly lifted
from this act.
4. Blend of Rigidity and Flexibility :- Constitutions
are also classified into rigid and flexible. A rigid Con-
stitution is one that requires a special procedure for
its amendment, as for example, the American Con-
stitution. 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 Brit-
ish Constitution.
The Constitution of India is neither rigid nor flex-
ible but a synthesis of both. Article 368 provides for
two types of amendments :
(a) Some provisions can be amended by a special ma-
jority of the Parliament, i.e., a two-third majority
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8 Indian Polity
of the members of each House present and vot-
ing, and a majority (that is, more than 50%), of
the total membership of each House.
(b) Some other provisions can be amended by a spe-
cial majority of the Parliament and with the rati-
fication by half of the total states.
At the same time, some provisions of the Consti-
tution can be amended by a simple majority of the
Parliament in the manner of ordinary legislative proc-
ess. Notably, these amendments do not come under
Article 368.
5. Federal System with Unitary Bias :- The Consti-
tution of India establishes a federal system of govern-
ment. It contains all the usual features of a federation,
viz., two government, division of powers, written Con-
stitution, supremacy of Constitution, rigidity of Con-
stitution, independent judiciary and bicameralism.
However, the Indian Constitution also contains
a large number of unitary or non-federal features,
viz., a strong Centre, single Constitution, single citi-
zenship, flexibility of Constitution, integrated judici-
ary, appointment of state governor by the Centre, all-
India services, emergency provisions, and so on.
Moreover, the term 'Federation has nowhere been
used in the Constitution. Article 1, on the other hand,
describes India as a 'Union of States' which implies
two things: one, Indian Federation is not the result
of an agreement by the states; and two, no state has
the right to secede from the federation.
Hence, the Indian Constitution has been vari-
ously described as 'federal in form but unitary in
spirit', 'quasi-federal' by K C Wheare, 'bargaining
federalism' by Morris Jones, 'co-operative federatism'
by Granville Austin, 'federation with a centralizing
tendency' by Ivor Jennings, and so on.
6. Parliamentary Form of Government :- The Con-
Sources of the Constitution at a Glance Sources of the Constitution at a Glance Sources of the Constitution at a Glance Sources of the Constitution at a Glance Sources of the Constitution at a Glance
Sr. No. Sources Features Borrowed
1. Government of India Act of 1935 Federal Scheme, Office of governor, Judiciary, Public Service
Commission, Emergency provisions and administrative details.
2. British Constitution Parliamentary government, Rule of Law, legislative procedure,
single citizenship, cabinet system, prerogative writs, parlia-
mentary privileges and bicameralism.
3. US Constitution Fundamental rights, independence of judiciary, judicial re-
view, impeachment of the president, removal of Supreme
Court and High Court Judges and post of Vice-President.
4. Irish Constitution Directive Principles of State Policy, nomination of members
to Rajya Sabha and method of eldction of president.
5. Canadian Constitution Federation with a strong Centre, versting of residuary pow-
ers in the Centre, appointment of state governors by the Cen-
tre, and advisory jurisdiction of the Surpeme Court.
6. Australian Constitution Concurrent List, freedom of trade, commerce and intercourse,
and joint sitting of the two Houses of Parliament.
7. Weimar Constitution of Germany Suspension of Fundamental Rights during Emergency.
8. Soviet Constitution Fundamental duties and the ideal of justice
(USSR, now Russia) (social, economic and political) in the Preamble.
9. French Constitution Republic and the ideals of liberty, equality and fraternity in
the Preamble.
10. South African Constitution Procedure of amendment of the Constitution and election of
members of Rajya Sabha.
11. Japanese Constitution Procedure established by Law.
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9 Indian Polity
stitution of India has opted for the British parliamen-
tary System of Government rather than American
Presidential System of Government. The parliamen-
tary system is based on the principle of cooperation
and coordination between the legislative and execu-
tive organs while the presidential system is based
on the doctrine of separation of powers between the
two organs.
The parliamentary system is also known as the
'Westminster' model of government, responsible gov-
ernment and cabinet government. The Constitution
establishes the parliamentary system not only at the
Centre but also in the states. The features of parlia-
mentary government in India are :
(a) Presence of nominal and real executives ;
(b) Majority party rule,
(c) Collective responsibility of the executive to the
legislature, individually responsible to President.
(d) Membership of the ministers in the legislature,
(e) Leadership of the prime minister or the chief
minister,
( f) Dissolution of the lower House (Lok Sabha
or Assembly).
Even though the Indian the Indian Parliamen-
tary System is largely based on the British pattern,
there are some fundamental differences between the
two. For example, the Indian Parliament is not a sov-
ereign body like the British Parliament. Further, the
Indian State has an elected head (republic) while the
British State has hereditary head (monarchy).
In a parliamentary system whether in India or
Britain, the role of the Prime Minister has become
so significant and crucial that the political scientists
like to call it a 'Prime Ministerial Government'.
7. Synthesis of Parliamentary Sovereignty and
Judicial Supremacy :- The doctrine of sovereignty
or Parliament is associated with the British Parlia-
ment while the principle of judicial supremacy 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 Ameri-
can Constitution provides for 'due process of law'
against that of 'procedure established by law' con-
tained in the Indian Constitution (Article 21).
Therefore, the framers of the Indian Constitu-
tion have preferred a proper synthesis between the
British principle of parliamentary sovereignty and
the American principle of judicial supremacy. The
Supreme Court, on the one hand, can declare the
parliamentary laws as unconstitutional through its
power or judicial review. The Parliament, on the other
hand, can amend the major portion of the Constitu-
tion through its constituent power.
8. Integrated and Independent Judiciary :- The
Indian Constitution establishes a judicial system that
is integrated as well as independent.
The Supreme Court stands at the top of the in-
tegrated judicial system in the country. Below it,
there are high courts at the state level. Under a
high court, there is a hierarchy of subordinate
courts, that is, district courts and other lower
courts. This single system of courts enforces both
the central laws as well as the state laws, unlike
in USA, where the federal laws are enforced by the
federal by the state judiciary.
The Supreme Court is a federal court, the high-
est court of appeal, the guarantor of the fundamental
rights of the citizens and the guardian of the Consti-
tution. Hence, the Constitution has made various
provisions to ensure its independence-security of ten-
ure of the judges, fixed services conditions for the
judges, all the expenses of the Supreme Court
charged on the Consolidated Fund of India, prohibi-
tion on discussion on the conduct of judges in the
legislatures, ban on practice after retirement, power
to punish for its contempt vested in the Supreme
Court, separation of the judiciary from the execu-
tive, and so on.
9. Fundamental Rights :- Part III of the Indian Con-
stitution guarantees six fundamental rights to all the
citizens :
(a) Right to Equality (Articles 14-18),
(b) Right to Freedom (Articles 19-22),
(c) Right against Exploitation (Articles 23-24),
(d) Right to Freedom of Religion (Articles 25-28),
(e) Cultural and Educational Rights (Articles 29-30),
(f) Right to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promot-
ing the idea of political democracy. They operate as
limitations on the tyranny of the executive and arbi-
trary laws of the legislature. They are justiciable in
nature that is, they are enforceable by the courts for
their violation. The aggrieved person can directly go
to the Supreme Court which can issue the writs of
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10 Indian Polity
habeas corpus, mandamus, prohibition, certiorari
and quo warranto for the restoration of his rights.
10. 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-so-
cialistic, Gandhian and liberal intellectual.
The directive principles are meant for promot-
ing the ideal of social and economic democracy. They
seek to establish a 'welfare state' in India. However,
unlike the Fundamental Rights, the directives are
non-justiciable in nature, that is, they are not en-
forceable by the courts for their violation. Yet, the
Constitution itself declares that 'these principles in
making laws'. Hence, they impose a moral obliga-
tion on the state authorities for their application. But,
the real force (sanction) behind them is political, that
is, public opinion.
11. Fundamental Duties :- The original constitu-
tion did not provide for the fundamental duties of the
citizens. These were added during the operation of
internal emergency (1975-77) by the 42nd Constitu-
tional Amendment Act of 1976 on the recommenda-
tion of the Swaran Singh Committee.
The newly inserted Part IV-A of the Constitu-
tion (which consists of only one Article 51-A) speci-
fies the ten Fundamental Duties viz., to respect the
Constitution, national flag and national anthem; to
protect the sovereignty, unity and integrity of the
country; to promote the spirit of common brotherhood
amongst all the people; to preserve the rich heritage
of our composite culture and so on. The 86th Consti-
tutional Amendment Act of 2002 added one more fun-
damental duty.
12. A Secular State :- The Constitution of India
stands for a secular state. Hence, it does not uphold
any particular religion as the official religion of the
Indian State. The following provisions of the Consti-
tution reveal; the secular character of the Indian State:
(a) The term 'secular' was added to the Preamble of
the Indian Constitution by the 42nd Constitu-
tional Amendment Act of 1976.
(b) The Preamble secures to all citizens of India lib-
erty of belief, faith and worship.
(c) The State shall not deny to any person equality
before the law or equal protection of the laws (Arti-
cle 14).
(d) The State shall not discriminate against any citi-
zen on the ground of religion (Article 15).
(e) Equality
13. Universal Adult Franchise :- The Indian Con-
stitution adopts universal adult franchise as a basis
of elections to the Lok Sabha and the state legisla-
tive assemblies. Every citizen who is not less than
18 years of age has a right to vote without any dis-
crimination 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 to Constitu-
tional Amendment Act of 1988.
The introduction of universal adult franchise
by the Constitution-makers was a bold experiment
and highly remarkable in view of the vast size of the
country, its huge population, high poverty, social in-
equality and overshelming illiteracy.
Universal adult franchise makes democracy
broad-based, enhances the self-respect and prestige
of the common people, upholds the principle of equal-
ity, enables minorities to protect their interests and
opens up new hopes and vistas for weaker sections.
14. Single Citizenship :- Though the Indian Con-
stitution is federal and envisages a dual polity (Cen-
tre and states), it provides for only a single citizen-
ship, that is, the Indian citizenship.
In countries like USA, on the other had each
person is not only a citizen of USA but also a citizen
of the particular state to which he belongs. Thus, he
owes allegiance to both and enjoys dual sets of rights
one conferred by the National government and an-
other by the state government.
In India, all citizens irrespective of the state in
which they are born or reside enjoy the same politi-
cal and civil rights of citizenship all over the country
and no discrimination is made between them except-
ing in few cases like tribal areas, Jammu and Kash-
mir, and so on. The various models of acquisition of
citizenship prescribed by the Citizenship Act, 1955,
are as follows:
(a) Citizenship by birth;
(b) Citizenship by descent;
(c) Citizenship by registration;
(d) Citizenship by incorporation of territory.
In 1986 the citizenship act was amended to
make acquisition of citizenship difficult for refugees
from neighboring countries.
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11 Indian Polity
15. Dual Citizenship for all PIO :- January 9 - the
day Mahatma Gandhi returned from South African
in 1915-was chosen to celebrate the Pravasi
Bharatiya Divas as a global gathering of Persons of
Indian Origin (PIOs) in New Delhi. Celebration of the
Divas was one of the recommendations made by the
L.M. Singhvi Committee on the Indian Diaspora. The
three-day gala event in New Delhi from Jan.9 to 11,
2005. Nearly 2,000 delegates from 60 countries, in-
cluding Nobel Laureates Amartya Sen and V.S.
Naipaul, attended the global gathering. The dual citi-
zenship is applicable to US, Canada, European Un-
ion Countries etc. Dual citizenship allows the per-
son to lvie in India indefinitely, unlike the Person of
India Origin (PIO) card, which permitted a single stay
for a period of six months. Dual citizens do not have
voting rights. Neither can they be elected to public
office. As per the amended law, persons of Indian ori-
gin who were citizens of Australia, Canada, Finland,
France, Greece, Ireland, Israel, Italy, the Nether-
lands, New Zealand, Portugal, Cyprus, Sweden, Swit-
zerland, United Kingdom and the United Sates were
eligible to apply for dual citizenship. The announce-
ment by the Prime Minister, Manmohan Singh, ex-
tends dual citizenship to all PIOs who migrated from
India afte January 26, 1950. It addresses a major
anomaly that restricted dual citizenship to princi-
pally developed, Western nations.
16. Independent Bodies :- The Indian constitution
not only provides for the legislative, executive and
judicial organs of the government (Central and state)
but also establishes certain independent bodies.
They are envisaged by the Constitution as the bul-
warks of the democratic system of Government in
India. These are:
(a) Election Commission to ensure free and fair
elections to the Parliament, the state legisla-
tures, the office of president of India and the of-
fice of vice-president of India.
(b) Comptroller and Auditor-General of India to
adult the accounts of the Central and state gov-
ernments. He acts as the guardian of public purse
and comments on the legality and propriety of
government expenditure.
(c) Union Public Service Commission to conduct ex-
aminations for recruitment to all-India services
and higher Central services and to advise the
president on disciplinary matter.
(d) State Public Service Commission in every state
to conduct examinations for recruitment to state
services and to advice the governor on discipli-
nary matters.
17. Emergency Provisions :- The Indian Constitu-
tion contains elaborate emergency provisions to en-
able the President to meet any extraordinary situation
effectively. The rationality behind the incorporation of
these provisions is to safeguard the sovereignity, unity,
integrity and security of the country, the democratic
political system and the Constitution.
The Constitution envisages three types of
emergencies, namely :
(a) National emergency on the ground of war or ex-
ternal aggression or armed rebelion (Article 352);
(b) State emergency (President's Rule) on the ground
of failure of Constitutional machinery in the
states (Article 356) or failure to comply with the
directions of the Centre (Article 365); and
(c) Financial emergency on the ground of threat to
the financial stability or credit of India (Article 360).
During an emergency, the Central Government
becomes all-powerful and the states go into the total
control of the center. It converts the federal struc-
ture into the unitary one without a formal amend-
ment of the Constitution. This kind of transforma-
tion of the political system from federal (during nor-
mal times) to unitary (during emergency) is a unique
feature of the Indian Constitution.
18. Three-tier Government :- Originally, the Indian
Constitution, like may other federal constitution, pro-
vided for a dual polity and contained provisions with
regard to the organization and powers of the Centre
and the States. Later, the 73rd and 74th Constitu-
tional Amendment Acts (1991) have added a third-
tier of government (i.e. local) which is not found in
any other Constitutional of the world.
The 73rd Amendment Act of 1992 gave consti-
tutional recognition to the panchayats (rural local gov-
ernments) by adding a new Part IX and a new Sched-
ule 11 to the Constitution. Similarly, the 74th Amend-
ment Act of 1992 gave constitutional recognition to
the municipalities (urban local governments) by add-
ing a new Part IX-A and a new Schedule 12 to the
Constitution.
ROUSSEAU, JEAN JACQUES (1712-1778)
A French philosopher and political theorist. His major works
include Discourses on the Origin and Foundation of Inequal-
ity (1754); Social Contract or the Principles of Political
Right (1762); La Nouvelle Heloise (1761); the Emile (1762);
and Confessions.
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12 Indian Polity
P PP PPar ar ar ar ar ts of ts of ts of ts of ts of the Constitution at a Glance the Constitution at a Glance the Constitution at a Glance the Constitution at a Glance the Constitution at a Glance
Sr. No. Parts Deals with Articles Covered
1. I The Union and its territory 1 to 4
2. I I Citizenship 5 to 11
3. III Fundamental Rights 12 to 35
4. IV Directive Principles of State Policy 36 to 51
5. IV-A Fundamental Duties 51-A
6. V The Union government 52 to 151
7. VI The state governments 152 to 237
8. VIII The union territories 239 to 242
9. IX The panchayats 243 to 243-O
10. IX-A The municipalities 243-P to 243-ZG
11. X The Scheduled and Tribal Areas 244 to 244-A
12. XI Relations between the Union and the states 245 to 263
13. XII Finance, property, contracts and suits 264 to 300-A
14. XIII Trade, commerce and intercourse within the Territory of India 301 to 307
15. XIV Services under the Union and the States 308 to 323
16. XIV-A Tribunals 323-A to 323-B
17. XV Elections 324 to 329-A
18. XVI Special provisions to SCs, STs, OBCs and Anglo-Indians 330 to 342
19. XVII Official language 343 to 351
20. XVIII Emergency provisions 352 to 360
21. XIX Miscellaneous 361 to 367
22. XX Amendment of the Constitution 368
23. XXI Temporary, transitional and special provisions 369 to 392
24. XXII Short title, commencement, authoritative text in Hindi and repeals 393 to 395
Important Articles of the Constitution at a Glance Important Articles of the Constitution at a Glance Important Articles of the Constitution at a Glance Important Articles of the Constitution at a Glance Important Articles of the Constitution at a Glance
Sr. No. Articles Deals with
1. 1 Name and territory of the Union
2. 14 Equality before law
3. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
4. 16 Equality of opportunity in matters of public employment
5. 17 Abolition of untouchability
6. 19 Protection of certain rights regarding freedom of speech, etc.
7. 21 Protection of life and personal liberty
8. 21A Right to elementary education
9 22 Protection against arrest and detention in certain cases
10. 23 Prohibition of traffic in human beings and forced labour
11. 30 Right of minorities to establish and administer educational institutions
12. 32 Remedies for enforcement of fundamental rights including writs
13. 39A Equal justice and free legal aid
14. 40 Organisation of village panchayats
15. 41 Right to work, to education, and to public assistance in certain cases
16. 44 Uniform civil code for the citizens
17. 45 Provision for early childhood care and education to children below the age of six years
13 Indian Polity
Sr. No. Articles Deals with
18. 46 Promotion of educational and economic interests of scheduled castes, scheduled tribes
and other weaker sections.
19. 47 Duty of the state to raise the level of nutrition and the standard of living and to
improve public health.
20. 51A Fundamental duties
21. 52 The president of India
22. 54 Election of President
23. 61 Procedure for impeachment of the president
24. 71 Matters relating to, or connected with, the election of a president or vice-president
25. 74 Council of ministers to aid and advise the president
26. 76 Attorney-General for India
27. 78 Duties of prime minister as respects the furnishing of information to the president, etc.
28. 79 Constitution of Parliament
29. 83 Duration of Houses of Parliament
30. 88 Rights of ministers and Attorney General as respects Houses
31. 108 Joint sitting of both Houses in certain cases
32. 110 Definition of 'Money Bills'
33. 112 Annual financial statement (budget)
34. 123 Power of president to promulgate ordinances during recess of Parliament
35. 124 Establishment and Constitution of Supreme Court
36. 143 Power of president to consult Supreme Court
37. 148 Comptroller and Auditor General of India
38. 155 Appointment of Governor
39. 163 Council of ministers to aid and advise the Governor
40. 169 Abolition or creation of legislative councils in states
41. 243 Definitions
42. 243A Gram Sabha
43. 243B Constitution of Panchayats
44. 243C Composition of Panchayats
45. 243D Reservation of seats
46. 262 Adjudication of disputes relating to water of inter-state rivers or river valleys
47. 263 Provisions with respect to an inter-states council
48. 267 Contingency Fund
49. 280 Finance Commission
50. 312 All-India Services
51. 315 Public Service Commissions for the Union and for the states
52. 316 Appointment and term of office of members
53. 317 Removal and suspension of a member of a Public Service Commission
54. 324 Superintendence, direction and control of elections to be vested in an Election
Commi ssi on
55. 325 No person to be ineligible for inclusion in, or to claim to be included in a special
electoral roll on grounds of religion, race, caste or sex
56. 331 Representation of the anglo-Indian community in the House of the people.
57. 352 Proclamation of Emergency (National Emergency)
58. 356 Provisions in case of failure of constitutional machinery in states (President's Rule)
59. 360 Provisions as to financial emergency.
60. 368 Power of Parliament to amend the Constitution and procedure therefor
61. 370 Temporary provisions with respect to the state of Jammu & Kashmir
14 Indian Polity
Schedules of the Constitution at a Glance Schedules of the Constitution at a Glance Schedules of the Constitution at a Glance Schedules of the Constitution at a Glance Schedules of the Constitution at a Glance
Sr. No. Schedules Deals with
1. First Names and territorial extent of 28 States and 7 Union Territories of the Indian
Union
2. Second Emoluments, allowances privileges and so on of the President of India, the State
Governors, the Speaker and the Deputy Speaker of the Lok Sabha and the state
legislative assemblies, the Chairman and the Deputy Chairman of the Rajya Sabha
and the State Legislative Councils, the Judges of the Supreme Court and the state
high courts, and Comptroller and Auditor-General of India
3. Third Forms of oaths or affirmations to be made by the Union and state ministers, the
Members of the Parliament and the state legislatures, the Judges of the Supreme
Court and the state high courts, the Comptroller and Auditor-General of India, the
candidates for election to the Parliament and the state legislatures.
4. Fourth Number of seats allotted to various states and union territories in the Rajya Sabha
5. Fifth Administration and control of scheduled areas and scheduled tribes
6. Sixth Administration of tribal areas in the states of Assam, Meghalaya, Tripura and
Mizoram.
7. Seventh Division of powers between the Union and the states in terms of Union List
(originally 97 but presently 99 subjects), State List (originally 66 but presently
61 subjects) and Concurrent List (originally 47 but presently 52 subjects).
8. Eights Languages (originally 14 then 18) recognized by the Constitution. They are Assamese,
Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi,
Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu and Urdu. Sidhi was added
by the 21st Amendment (1967) while Konkani, Manipuri and Nepali were added by
the 71st Amendment (1992). 100th Amendment (2004) Dogri, Bodo, Santhali, Maithali,
Now 22 National languages.
9. Ninth Acts and Regulations (originally 13 but presently 282) of the state legislatures deal-
ing with land reforms and abolition of the zamindari system and of the Parliament
dealing with other matters. These are immune from judicial review even on the
ground of violation of a fundamental right. However, they can be challenged on the
ground of being violative of the basic structure of the Constitution. This schedule
was added by the 1st Amendment (1951).
10. Tenth Disqualification of the members of Parliament and state legislatures on the ground
of defection. This schedule was added by the 52nd Amendment Act, also known as
Anti-defection Act (1985).
11. Eleventh Powers, authority and responsibilities of Panchayats. It has 29 subjects. This sched-
ule was added by the 73rd Amendment (1992).
12. Twelfth Powers, authority and responsibilities of municipalities. It has 18 subjects. This
schedule was added by the 74th Amendment (1992).
INTER-STATE COUNCIL
The President is empowered to establish an Inter-State Council if
at any time it appears to him that public interest would be served by
it (Article 263).
15 Indian Polity
Preamble of the Constitution
The American Constitution was the first to be-
gin with a Preamble. Many countries, including
India, followed this practice. The term 'preamble'
refers to the introduction or preface to the Con-
stitution. It contains the summary or essence of
the Constitution. N A Palkhivala, an eminent ju-
rist and constitutional expert, called the Pream-
ble as the 'identity card of the Constitution.'
The Preamble :- We, the people of India, having
solemnly resolved to constitute India into a sover-
eign 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 pro-
mote among them all
Fraternity assuring the dignity of the individual
and the unity and integrity of the Nation;
In our Constitutent Assembly this twenty-sixth
day of November, 1949, do hereby adopt, Enact and
Give to ourselves this Constitution
Key Words in the Preamble :- Certain key words-
Sovereign, Socialist, Secular, Democratic, Republic,
Justice, Liberty, Equality and Fraternity-are ex-
plained as follows :
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).
2. Socialist :- Even before the term was added by
the 42nd Amendment in 1976, the Constitution had
a socialist content in the form of certain Directive
Principles of State Policy. In other words, what was
hitherto implicit in the Constitution what was hith-
erto implicit in the Constitution has now been made
explicit. Moreover, the Congress party itself adopted
a resolution to establish a 'socialistic pattern of soci-
ety' in its Avadi session as early as in 1955 and took
measures accordingly.
Notably, the Indian brand of socialism is a 'demo-
cratic socialism' and not a 'communistic socialism'
(also known as 'state socialism') which involves the
nationalization of all means of production and distri-
bution and the abolition of private property. Demo-
cratic socialism, on the other hand, holds faith in a
'mixed economy' where both public and private sec-
tors co-exist side by side.
The new economic policy (1991) of liberalization,
privatization and globalisation has, however diluted
the socialist credentials of the Indian State.
3. Secular :- The term 'secular' too was added by
the 42nd Constitutional Amendment Act of 1976. How-
ever, as the Supreme Court said in 1974, although
the words 'secular state' were not expressedly men-
tioned in the Constitution-makers wanted to estab-
lish such a state and accordingly 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
(irrespective of their strength) have the same status
and support from the state.
4. Republic :- A democratic polity can be classified
into two categories-monarchy and republic. In a mon-
archy, 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, eg, 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.
5. Justice :- The term 'justice' in the Preamble em-
braces three distinct forms-social, economic and po-
litical, secured through various provisions of Funda-
mental Rights and Directive Principles.
6. Liberty :- The term 'liberty' means the absence
of restraints on the activities of individuals, and at
the same time, providing opportunities for the devel-
opment of individual personalities.
The Preamble secures to all citizens of India lib-
erty of thought, 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 ab-
sence of special privileges to any section of the soci-
ety, and the provision of adequate opportunities for
all in individuals without any discrimination.
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16 Indian Polity
The following provisions of the chapter on Fun-
damental Rights ensure civic equality :
(a) Equality before the law (Article 14).
(b) Prohibition of discrimination on grounds of reli-
gion, race, caste, sex or place of birth (Article 15).
(c) Equality of opportunity in matters of public em-
ployment (Article 16).
(d) Abolition of untouchability (Article 17).
(e) Abolition of titles (Article 18).
8. Fraternity :- Fraternity means a sense of broth-
erhood. The Constitution promotes this feeling of fra-
ternity by the system of single citizenship. Also, the
Fundamental Duties (Article 51-A) say that it shall
be the duty of every citizen of India to promote har-
mony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguis-
tic, regional or sectional diversities.
The Preamble declares that fraternity has to as-
sure two things-the dignity of the individual and the
unity and integrity of the nation. The word 'integrity'
has been added to the preamble by the 42nd Consti-
tutional Amendment (1976).
9. Significance of the Preamble :- The Preamble
embodies the basic philosophy and fundamental val-
ues-political, moral and religious-on which the Con-
stitution is based. It contains the grand and noble
vision of the Constituent Assembly, and reflects the
dreams and aspirations of the founding fathers of the
Constitution.
10. Preamble as Part of the Constitution :- In the
Kesavananda Bharati case (1973), the Supreme
Court rejected the earlier opinion and held that Pre-
amble is a part of the Constitution. It observed that
the Preamble is of extreme importance and the Con-
stitution should be read and interpreted in the light
of the grand and noble vision expressed in the Pre-
amble.
Hence, the current opinion held by the Supreme
Court that the Preamble is a part of the Constitu-
tion, is in consonance with the opinion of the found-
ing fathers of the Constitution.
Nature of Indian Constitution Nature of Indian Constitution Nature of Indian Constitution Nature of Indian Constitution Nature of Indian Constitution
A system of Single Constitution for both the cen-
tre and the state (except J & K, which has its own
Constitution and thus enjoys a special status by
virtue of Article 370 of the Constitution).
Strong Centre with over whelming powers.
The constitution is more flexible than rigid as
major portions can be amended by the parliament
alone.
The parliament under Article 3 can increase or
decrease the area of any state or alter the bounda-
ries or change the name of any State with a sim-
ple majority.
Interference of the Parliament in the state list,
if the Rajya Sabha passes a resolution to that ef-
fect in national interest (Art.249)
Provision of Single citizenship i.e citizenship of
India common to all the people of the states and
the union territories.
Single integrated judicial system headed by the
Supreme Court to enforce the laws of both the
central and State Govt.
The constitution grants extra ordinary powers to
the centre during all the three types of emergen-
cies i.e. National Emergency (Art 352), State Emer-
gency (Art 356) and Financial Emergency (Art 360)
The centralized election machinery to conduct
elections to both the parliament and the state
legislature (Art 324).
The accounts of the states are audited by the
Comptroller and Auditor General of India, who is
appointed and removed by the president.
The constitution of India is a flexible form of Fed-
eration - a federation of its own kind - federation
sui generis.
Prof. K.C Wheare described the constitution of
India as 'Quasi-Federal' and remarked that' In-
dia Union is a unitary state with subsidiary fed-
eral features rather than a federal state with
subsidiary unitary features.
Preamble how for useful in interpreting the
Constitution :- The Preamble is the key to open the
mind of the makers. But it does not mean that the
preamble can override the express provisions of the
Act. In Berubari's case the Supreme Court held that
the Preamble was not a part of the Constitution and
therefore it could never be regarded as a source of
any substantive powers. Such powers are expressly
granted in the body of Constitution. What is true
about the powers is equally true about the prohibi-
tions. It has limited application and can be restored
to where there is any ambiguity in the statute. If
the terms used in the Constitution are ambiguous
or capable of two meanings in interpreting them
some assistance may be taken from the objectives
enshrined in the Constitutions and the construction,
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17 Indian Polity
which fits the preamble, may be preferred.
But in Kesavananda Bharti's case, the Supreme
Court rejected the above view and held that the pre-
amble is the part of the Constitution. Though in any
ordinary statute not much importance is attached to
the preamble, all importance has to be attached to
the preamble in a Constitutional Statute. Sikri, C.J.
observed, "no authority has been referred before us
to establish the propositions that what is true about
the powers is equally true about the prohibitions and
limitations. Even from the Preamble limitations have
been derived in some cases ...It seems to me that
the Preamble of our Constitution is of extreme im-
portance and the Constitution should be read and in-
terpreted in the light of the grand and noble vision
expressed in the Preamble". In fact, the Preamble
was relied on in imposing implied limitations on the
amending power of Parliament under Article 368 of
the Constitution. In that case, it was held that the
"basic elements in the Preamble couldn' t be
amended under Article 368.
Reorganization of States Reorganization of States Reorganization of States Reorganization of States Reorganization of States
Union of States :- Article 1 describes India, that is,
Bharat as a 'Union of States' rather than a 'Federation
of States'. This provision deals with two, type of polity.
There was no unanimity in the Constituent As-
sembly with regard to the name of the country. Some
members suggested the traditional name (Bharat)
while other advocated the modern name (India).
Hence, the Constituent Assembly had to adopt a mix
of both (' India, that is,
Bharat')
Secondly, the country
is described as 'Union' al-
though its Constitution is
federal in phrase 'Union of
States' has been preferred
to 'Federation of States' for
two reasons: one, the In-
dian Federation is not the
result of an agreement
among the states like the
American Federation; and
two, the states have no right
to secede from the federa-
tion. The federation is an
Union because it is inde-
structible. The country is
an integral whole and di-
vided into different states
only for the convenience of
administration.
According to Article 1,
the territory of India can be
classified into three categories:
1. Territories of the states
2. Union territories
3. Territories that may be acquired by the Govern-
ment of India at any time.
The names of states and union territories and their
territorial extent are mentioned in the first schedule
of the Constitution. At present, there 28 states and 7
union territories.
Being a sovereign state, India can acquire for-
eign territories according to the modes recognized
by international law, i.e., cession (following treaty,
purchase, gift, lease or plebiscite), occupation
(hitherto unoccupied by a recognized ruler), con-
quest or subjugation. For example, India acquired
several forei gn terri tori es such as Dadra and
Nagar Haveli; Goa, Daman and Diu; Pondicherry;
and Sikkim since the commencement of the Con-
stitution. The acquisition of these territories are
discussed later in this chapter.
Article 2 empowers the Parliament to 'admit into
the Union of India new states; and (b) the power to
Reorganization of States Reorganization of States Reorganization of States Reorganization of States Reorganization of States
1953 : 1st linguistic State, Andhra Pradesh, created.
1956 : States Reorganization Act passed. Thus 4-fold distribution of State
replaced by 14 States and 6 Union Territories. Kerala and Karnatka
Created.
1960 : Bifurcation of the Bombay State into Maharashtra and Gujarat (15th
State)
1962 : State of Nagland formed
1966 : State of Punjab was spilt into State of Punjab, State of Haryana and
Union Territory of Chandigarh.
1969 : Meghalaya was made a Sub- State within Assam.
1970: H.P.was upgraded from Union Territory to a State.
1971: Manipur, Tripura and Meghalaya were made into States and Mizoram
and Arunachal Pradesh as Union Territories.
1975 : Sikkim was admitted as 22 nd State.
1986 : Mizoram and Arunachal Pradesh were made into States.
1987: Goa became 25th (smallest) State.
2000: Chhatisgarh, Uttranchal and Jharkhand formed by the Constitutional
amendment act 2000 by dividing Madhya Pradesh, UP and Bihar re-
spectively in November 2000.
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18 Indian Polity
establish new states.
Parliament's Power to Reorganise the States :-
Article 3 authorises the Parliament to :
(a) form a new sate by separation of territory from
any state or by uniting two or more states or parts
of states or by uniting any territory to a part of
any state,
(b) increase the area of any state,
(c) diminish the area of any state,
(d) alter the boundaries of any state, and
(e) alter the name of any state
However, Article 3 lays down two conditions in
this regard: one, a bill contemplating the above
changes can be introduced in the Parliament only
with the prior recommendation of the president; and
two, before recommending the bill, the president has
to refer to same to the state legislature concerned
for expressing its views within a specified period.
Evolution of States and Union Evolution of States and Union Evolution of States and Union Evolution of States and Union Evolution of States and Union
T TT TTe r e r e r e r e r r i t o r i e s r i t o r i e s r i t o r i e s r i t o r i e s r i t o r i e s
Integration of Princely States :- The Indian In-
dependence Act (1947) created two independent and
separate dominions of India and Pakistan and gave
three options to the princely states viz., joining In-
dia, joining Pakistan or remaining independent. Of
the 552 princely states situated within the geographi-
cal boundaries of India, 549 joined India and the re-
maining 3 (Hyderabad, Junagarh and Kashmir) re-
fused to join India. However, in course of time, they
were also integrated with India-Hyderabad by means
of police action, Junagarh by means of referendum
and Kashmir by the Instrument of Accession.
Dhar Commission and JVP Committee :- The in-
tegration or princely states with the rest of India has
purely and ad hoc arrangement. There has been a
demand from different regions, particularly South
India, for reorganization of states on linguistic ba-
sis. Accordingly, in June 1948, the Government of
India appointed the Linguistic Provinces Commis-
sion under the chairmanship of S K Dhar to exam-
ine the feasibility of this. The commission submit-
ted its report in December 1948 and recommended
the reorganization of states on the basis of adminis-
trative convenience rather than linguistic factor.
This created much resentment and led to the ap-
pointment of another Linguistic Provinces Commit-
tee by the Congress in December 1948 itself to ex-
amine the whole question afresh. It consisted of
Jawaharlal Nehru, Vallahbhai Patel and Pattabhi
Sitaramayya and hence, was popularly known as JVP
Committee. It submitted its report in Arpil 1949 and
formally rejected language as the basis for reorgani-
zation of states.
However, in October 1953, the Government of In-
dia was forced to create the first linguistic state,
known as Andhra state, by separating the Telugu
speaking areas from the Madras state. This followed
a prolonged popular agitation and the death of Potti
Sriramulu, a Congress person of standing, after a 56
day hunger strike for the casue.
Fazi Ali Commission :- The creation of Andhra
state intensified the demand from other regions for
creation of states on linguistic basis. This forced the
Government of India to appoint (in December 1953)
a three-member States Reorganisation Commission
under the chairmanship of Fazi Ali to reexamine the
whole question. Its other two members were K M
Panikkar and H N Kunzru. It submitted its report in
September 1955 and broadly accepted language as
the basis of reorganization of states. But, it rejected
the theory of 'one language-one state'.
Gujarat :- Gujarat was established as the 15th
state of the Indian Union in the year 1960.
Dadra and Nagar Haveli :- The Portuguese ruled
this territory until its liberation in 1954. subse-
quently, the administration was carried on till 1961
by an administrator chosen by the people themselves.
It was converted into a union territory of India by the
10th Constitutional Amendment Act, 1961.
Goa, Daman and Diu :- India acquired these three
territories from the Portuguese by means of a police
action in 1961. They were constituted as a union
territory by the 12th Constitutional Amendment Act,
1962. Later, in 1987, Goa was conferred a statehood.
Consequently, Daman and Diu was made a separate
union territory.
Pondicherry :- The territory of Pondicherry com-
prises the former French establishments in India
known as Pondicherry, Karaikal, Mahe and Yanam.
The French handed over this territory to Inida in
1954. Subsequently, it was administered as an 'ac-
quired territory', till 1962 when it was made a union
territory by the 14th Constitutional Amendment Act.
Nagaland :- In 1963, the State of Nagaland was
formed by taking the Naga Hills and Tuensand area
out of the state of Assam. This was done to satisfy
the movement of the hostile Nagas. However, before
giving Nagaland the status of the 16th state of the
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19 Indian Polity
Indian Union, it was placed under the control of gov-
ernor of Assam in 1961.
Manipur, Tripura and Meghalaya :- In 1972, the
political map of Northeast India underwent a major
change. Thus, the two Union Territories of Manipur
and Tripura and the Sub-State of Meghalaya got state-
hood and the two Union Territories of Mizoram and
Arunachal Pradesh (originally known as North-East
Frontier Agency NEFA) came into being. With this,
the number of states of the Indian Union increased
to 21 (Manipur 19th, Teipura 20th and Meghalaya
21st). Initially, the 22nd Constitutional Amendment
Act (1969) created Meghalaya as an 'autonomous
state' or 'sub-state' within the state of Assam with
its own legislature and council of ministers. How-
ever, this did not satisfy the aspirations of the people
of Meghalaya. The Union Territories of Mizoram and
Arunachal Pradesh were also formed out of the terri-
tories of Assam.
Sikkim :- Till 1947, Sikkim was an Indian princely
state ruled by Chogyal. In 1947, after the lapse of Brit-
ish paramountcy, Sikkim became a 'protectorate' of
India, whereby the Indian Government assumed re-
sponsibility for the defence, external affairs and com-
munications of Sikkim. In 1974, Sikkim expressed
its desire for greater association with India. Accord-
ingly, the 35th Constitutional Amendment Act (1974)
was enacted by the parliament.
Mizoram, Arunahcal Pradesh and Goa :- In
1987, three new States of Mizoram, Arunachal
Pradesh and Goa came into being as the 23rd, 24th
and 25th states of the Indian Union respectively. The
Union Territory of Mizoram was conferred the status
of a full state as a sequel to the signing of a memo-
randum of settlement (Mizoram Peace Accord) in 1986
between the Central government and the Mizo Na-
tional Front, ending the two-decade-old insurgency.
Arunachal Pradesh had also been a union territory
from 1972. The State of Goa was created by separat-
ing the territory of Goa from the Union Territory of
Goa, Daman and Diu.
Chattisgarh
( 01- 11- 2000) ,
Uttaranchal (09-
11-2000) and
Jharkhand (15-
11-2000) :- In 2000,
three more new
States of
C h a t t i s g a r h ,
Uttaranchal and Jharkhand were created out of the
territories of Madhya Pradesh, Uttar Pradesh and Bihar
respectively. These became the 26th 27th and 28th
states of the Indian Union respectively. Thus, the
number of states and union territories increased from
14 and 6 in 1956 to 28 and 7 in 2000 respectively.
Fundamental Rights Fundamental Rights Fundamental Rights Fundamental Rights Fundamental Rights
(Ar (Ar (Ar (Ar (Ar tic tic tic tic ticle 12 to 35, P le 12 to 35, P le 12 to 35, P le 12 to 35, P le 12 to 35, Par ar ar ar ar t III of t III of t III of t III of t III of Constitution) Constitution) Constitution) Constitution) Constitution)
The Fundamental Rights are enshrined in Part
III of the Constitution from Articles 12 to 35. In this
regard, the framers of the Constitution derived inspi-
ration from the Constitution of USA (i.e., Bill of Rights)
Part III of the Constitution is rightly described as
the Magna Carta of India. It constains a very long
and comprehensive list of 'justiciable' Fundamental
Rights. In fact, the Fundamental Rights in our Con-
stitution are more elaborate than those found in the
Constitution of any other country in the world, in-
cluding the USA.
The Fundamental Rights are named so be-
cause they are guaranteed and protected by the
Constitution, which is the fundamental law of the
land. They are 'fundamental' also in the sense that
they are most essential for the allround develop-
ment (material, intellectual, moral and spiritual)
of the individuals.
The Fundamental rights are different from other
justiciable rights contained in the Constitution (in
parts other than Part III), as for example, the right
not to be subjected to taxation without authority of
law (Part XII) or freedom of trade, commerce and in-
tercourse throughout the country (Part XIII). In case
of violation of a Fundamental Right, the aggrieved
person can directly move the Supreme Court for its
enforcement under Article 32, which is in itself a
fundamental right under Part III. But, in case of vio-
lation of other justiciable rights, the aggrieved per-
son cannot avail this constitutional remedy. He can
move the high court by an ordinary suit or under
Article 226 (writ jurisdiction of high court).
F FF FFact about India act about India act about India act about India act about India
India shares land border with
Pakistan, Afghanistan, China,
Nepal, Bhutan, Burma
(Myanmar) and Bangladesh and
Maritime border with Srilanka
& Maldives.
FOURTH ESTATE
The term fourth estate refers to the press and media
and it was used for the first time by Edmond Burke. In Eng-
land, the three classes sharing power in Government were
called three estates - Lord spiritual, Lord temporal and com-
mons. Eventually with growing influence of press in public
affairs, it was recognised as Fourth Estate. In the french
political society before the revolution of 1889, the Pope the
King and the rising bourgeosie were termed as three estates.
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20 Indian Polity
Fundamental Right at a Glance Fundamental Right at a Glance Fundamental Right at a Glance Fundamental Right at a Glance Fundamental Right at a Glance
Sr. No. Category Consists of
1. Right to equality (a) Equality before law and equal protection of laws (Article 14).
(Articles 14-18) (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 and prohibition of its practice
(Article 17).
(e) Abolition of titles except military and academic (Article 18).
2. Right to freedom (a) Protection of of six rights in respect of :
(Articles 19-22) (i) speech and expression, (ii) assembly, (iii) association,
(iv) movement, (v) residence, and (vi) profession (Article 19).
(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain cases (Arti-
cle 22).
3. Right against exploitation (a) Prohibition of traffic in human beings and forced labour
(Article 23-24) (Article 23).
(b) Prohibition of employment of children in factories, etc.
(Article 24).
4. Right to freedom of religion (a) Freedom of conscience and free profession, practice and
(Article 25-28) propagation of religion (Article 25).
(b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes for promotion of any religion
(Article 27).
(d) Freedom from attending religious instruction or worship in cer-
tain educational institutions (Article 28).
5. Cultural and educationnal (a) Protection of language, script and culture of minorities
rights (Article 29-30) (Article 29).
(b) Right of minorities to establish and administer educational in-
stitutions (Art 30).
6. Right to constitutional Right to move the Supreme Court for the enforcement of
remedies (Article 32) fundamental
rights including the writs of (i) habeas corpus, (ii) mandamus,
(iii) prohibition, (iv), certiorari, and (v) quo warrento (Article 32).
Article 33-35 (a) Article 33 deals with Armed forces and Fundamental Rights.
(b) Article 34 deals with Martial Law and Fundamental rights.
(c) Article 35 deals Effecting Certain Fundamental Rights.
Originally, the Constitution provided for seven
Fundamental Rights viz,
1. Right to equality (Articles 14-18)
2. Right to freedom (Articles 19-22)
3. Right against exploitation (Articles 23-24)
4. Right to freedom of religion (Articles 25-28)
5. Cultural and educational rights (Articles 29-30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
21 Indian Polity
1. Right of Education :- Article 21 A declares that
the State shall provide free and compulsory educa-
tion to all children of the age of six to fourteen years
in such a manner as the State may determine. Thus,
this provision makes only elementary education a
Fundamental Right and not higher or professional
education.
This provision was added by the 86th Constitu-
tional Amendment Act of 2002. This amendment is
a major milestone in the country's aim to achieve
'Education for All'. The government described this step
as 'the dawn of the second revolution in the chapter
of citizens' rights'.
Even before this amendment, the Constitution
contained a provision for free and compulsory educa-
tion for children under Article 45 in Part IV. How-
ever, being a directive principle, it was not enforce-
able by the courts. Now, there is scope for judicial
intervention in this regard.
This amendment changed the subject matter of
Article 45 in directive principles. It now reads 'The
state shall endeavour to provide early childhood care
and education for all children until they complete the
age of six years.' It also added a new fundamental
duty under Article 51A that reads 'It shall be the
duty of every citizen of India to provide opportunities
for education to his child or ward between the age of
six and fourteen years'.
The Preventive Detention Act. 1950 was passed
by the Indian Parliament, which constituted the law
of preventive detention in India. It was a temporary
Act, originally passed for one year only. Several times
since then the term of the Act was extended until it
expired at the end of 1969. Parliament enacted a new
Act, named the Maintenance of Internal Security Act
(MISA) in 1971, having provisions broadly similar to
those of the Preventive Detention Act of 1950. In 1974,
Parliament passed the Conservation of Foreign Ex-
change and Prevention of Smuggling Activities Act,
1974 (COFEPOSA), as an economic adjunct of the
MISA. MISA was repealed in 1978, but COFEPOSA
still remains.
2. Writs Types and Scope :- The Supreme Court
(under Article 32) and the high courts (under Article
226) can issue the writs of habeas corpus,
mandamus, prohibition, certiorari and quo-war-
ranto. Further, the Parliament (under Article 32) can
empower any other court to issue these writs. Since
no such provision has been made so far, only the Su-
preme Court and the high courts can issue the writs
and not any other court. Before 1950, only the High
Courts of Calcutta, Bombay and Madras had the power
to issue the writs. Article 226 now empowers all the
high courts to issue the writs.
These writs are borrowed from English law where
they are known as 'prerogative writs'. They are so
called in England as they were issued in the exer-
cise of the prerogative of the King who was, and is
still, described as the 'fountain of justice'.
3. Habeas Corpus :- It is a Latin term which lit-
erally means 'to have the body of'. It is an order
issued by the court to a person who has detained
another person, to produce the body of the latter
before it. The court then examines the cause and
legality of detention. It would set the detained per-
son free, if the detention is found to be illegal. Thus,
this writ is a bulkwark of individual liberty against
arbitrary detention
The writ of habeas corpus can be issued against
both public authorities as well as private individu-
als. The writ, on the other hand, is not issued where
the (a) detention is lawful, (b) the proceeding is for
contempt of a legislature or a court, (c) detention is
by a competent court, and (d) detention is outside the
jurisdiction of the court.
4. Mandamus :- It literally means 'we command'.
It is a command issued by the court to a public offi-
cial asking him to perform his official duties that
he has failed or refused to perform. It can also be
issued against any public body, a corporation, an
inferior court, a tribunal or government for the
same purpose.
The writ of mandamus cannot be issued (a)
against a private individual or body; (b) to enforce de-
partmental instruction that does not possess statu-
tory force; (c) when the duty is discretionary and not
mandatory; (d) to enforce a contractual obligation; (e)
against the president of India or the state governors;
and (f) against the chief justice of a high court acting
in judicial capacity.
5. Prohibition :- Literally, it means 'to forbid'. It is
issued by a higher court to a lower court or tribunal
to prevent the latter from exceeding its jurisdiction
or usurping a jurisdiction that it does not possess.
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22 Indian Polity
Thus, unlike mandamus that directs activity, the
prohibition directs inactivity.
The writ of prohibition can be issued only against
judicial and quasi-judicial authorities. It is not avail-
able against administrative authorities, legislative
bodies, and private individuals or bodies.
6. Certiorari :- In the literal sense, it means 'to be
certified' or 'to be informed'. It is issued by a higher
court to a lower court or tribunal either to transfer a
case pending with the latter to itself or to squash the
order of the latter in a case. It is issued on the grounds
of excess of jurisdiction or lack of jurisdiction or er-
ror of law. Thus, unlike prohibition, which is only
preventive, certiorari is both preventive as well as
curative.
Till recently, the writ of certiorari could be is-
sued only against judicial and quasi-judicial authori-
ties and not against administrative authories. How-
ever, in 1991, the Supreme court ruled that the cer-
tiorari can be issued even against administrative
authorities affecting rights of individuals. Like pro-
hibition, certiorari is also not available against leg-
islative bodies and private individuals or bodies.
7. Quo-Warranto :- In the literal sense, it means
'by what authority or warrant'. It is issued by the court
to enquire into the legality of claim of a person to a
public office. Hence, it prevents illegal usurpation of
public office by a person. The writ can be issued only
in case of a substantive public office of a permanent
character created by a statute or by the Constitu-
tion. It cannot be issued in cases of ministerial of-
fice or private office.Unlike the other four writs, this
can be sought by any interested person and not nec-
essarily by the aggrieved person.
8. Armed Forces and Fundamental Rights :- Arti-
cle 33 empowers the Parliament to restrict or abro-
gate the fundamental rights of the members of armed
forces, para-military forces, police forces, intelligence
agencies and analogous forces. The objective of this
provision is to ensure the proper discharge of their
duties and the maintenance of discipline among
them.
The power to make laws under Article 33 is con-
ferred only on Parliament and not on state legisla-
tures. Any such law made by Parliament cannot be
challenged in any court on the ground of contraven-
tion of any of the fundamental rights.
Are Fundamental Rights Unamendable ? The
Golak Nath case is a landmark in the constitutional
history of India. In it, the Supreme Court held by a
majority of six to five that the word 'law' in Article 13
meant both statutory and constituent law. The im-
plication was that our Parliament must respect Fun-
damental Rights and an amendment which took away
or abridged them was void. The Golak Nath decision
through defended by some eminent jurists of the time
was in no way, consistent with the intentions of the
founding fathers. And for the government, commit-
ted to socio-economic programmes on large scale, it
was nothing but a big hurdle. Mrs. Gandhi's Govern-
ment, therefore, carried through in 1971 the 24th
Amendment. It clarified that a constitutional amend-
ment was not a law within the meaning of Art, 13
and hence Parliament could amend any part of the
Constitution, including the Fundamental Rights.
Hardly two years later came the Supreme Court's
decision in the Kesavananda Bharatu Case which
changed the entire position. The Supreme Court
ruled that Parliament could amend any and every
part of the Constitution, but it could not destroy the
basic structure. The Fundamental Rights were thus
declared to be amendable subject to the retention of
the basic structure or framework of the Constitution.
Note :- The right to property was also one of the
fundamental rights according to the original con-
stitution. This right has been taken away under
the 44th amendment Act passed in December, 1978.
It is now only a legal right.
Human Rights Human Rights Human Rights Human Rights Human Rights
Throughout the History, there has been a con-
flict between ruling elite and the ruled e.g. Magna
Carta - England 1215
'Magna Carta' is the Charter of Rights issued by
King John of England in 1215 under pressure from
the barons. This is the first written document
relating to the Fundamental Rights of citizens.
French Declaration of the rights of Man and of
the Citizen -1789.
Art 1: All human beings are born free and equal
in dignity and rights.
Art 2: Everyone is entitled to all the rights and
freedoms sets forth in this declaration without
distinction of any kind such as race, color, sex,
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23 Indian Polity
language, religion, nation, property, birth or
other status.
Art 3 : Every one has the right to life, liberty and
security of person.
Art 4 : Slavery and slave trade is prohibited.
Art 5 : No one shall be subject to torture.
In keepi ng wi th the spi ri t of human ri ght
movement all over the world, the national hu-
man rights Commission (NHRC) came into ex-
istence in India in 1993 through an ordinance
promulgated on 28th September 1993 by the
president of India.
However, soon the ordinance as replaced by a
statue called the protection of the human rights
act 1993 which came into fore in 1994. This act
provides for setting up the NHR at the centre as
well as one commission each at the state level.
The autonomy of the omission is derived from
the method of appointment of its members, their
fixity of tenure, and statutory guarantees.
The Chairperson and the members of the Com-
mission are appointed by the President on the
basis of recommendation of a committee compris-
ing the Prime Minister as the Chair person, the
speaker of the Lok Sabha, the Home Minister,
the leader of the Opposition in the LS and the RS
and the Dy. Chairperson of the RS as members.
Present Position of Right to Property :- The 44th
Amendment Act of 1978 abolished the right to prop-
erty as a Fundamental right by repealing Article 19
(1)(f) and Article 31 from Part III. Instead, the Act in-
serted a new Article 300A in Part XII under the head-
ing 'Right to Property'. It provides that no person shall
be deprived of his property except by authority of law.
Thus, the right to property still means a legal right
or a constitutional right, though no longer a funda-
mental right.
Suspension During Emergency :- The suspen-
sion of their enforcement during the operation of
National Emergency (except Articles 20 and 21) is
another blot on the efficacy of these rights. This pro-
vision cuts at the roots of democratic system in the
country by placing the rights of the millions of inno-
cent people in continuous jeopardy. According to the
critics, the Fundamental Rights should be enjoyable
in all situations Emergency or no Emergency
'Magna Carta' is the Charter of Rights issued by
King John of England in 1215 under pressure from
the barons. This is the first written document relat-
ing to the Fundamental Rights of citizens.
Dir Dir Dir Dir Directi ecti ecti ecti ectiv vv vve Principle of e Principle of e Principle of e Principle of e Principle of State P State P State P State P State Polic olic olic olic olicy yy yy
(Ar (Ar (Ar (Ar (Ar tic tic tic tic ticle 36 to 51, P le 36 to 51, P le 36 to 51, P le 36 to 51, P le 36 to 51, Par ar ar ar ar t IV of t IV of t IV of t IV of t IV of Constitution) Constitution) Constitution) Constitution) Constitution)
The Directive Principles of State Policy are enu-
merated in Part IV of the Constitutional from Arti-
cles 36 to 51. The framers of the Constitution bor-
rowed this idea from the Irish Constitution of 1937,
which had copied it from the Spanish Constitution.
Dr. B R Ambedkar described these principles as 'novel
features' of the Indian Constitution. The Directive
Principles along with the Fundamental Rights con-
tain the philosophy of the Constitution and is the
soul of the Constitution. Granville Austin has de-
scribed the Directive Principles and the Fundamen-
tal Rights as the 'Conscience of the Constitution.
This feature mainly borrowed from the IRISH con-
stitution seeks to inspire and direct the state to work
for the common good of the people and establish so-
cial and economic democracy in the country. Some
important Directive Principles of State Policy are:
(a) the right to adequate means of livelihood;
(b) the ownership and control of the resources of the
community are distributed in such a manner to
serve the common good;
(c) fair distribution of wealth;
(d) equal pay for equal work;
(e) just and human conditions of work and mater-
nity relief;
(f) the right to work;
(g) the living wage for workers;
(h) free and compulsory education for children up to
the age of 14;
(i) the protection of the interests of Scheduled
Castes and Tribes and other weaker sections;
(j) Panchayati Raj;
(k) Economic policies.
Features of the Directive Principles
1. The Phrase 'Directive Principles of State Policy'
denotes the ideals that the State should keep in
mind while formulating policies and enacting
laws. These are the constitutional instructions
or recommendations to the State in legislative,
executive and administrative matters. According
to Article 36, the term 'State' in Part IV has the
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24 Indian Polity
same meaning as in Part III dealing with Funda-
mental Rights. Therefore, it includes the legis-
lative and executive organs of the central and
state governments, all local authorities and all
other public authorities in the country.
2. The Directive Principles resemble the 'Instru-
ment of Instructions' enumerated in the Govern-
ment of India Act of 1935. In the words of Dr. B R
Ambedkar, 'the Directive Principles are like the
instrument of instructions, which were issued
to the Governor-General and to the Governors of
the colonies of India by the British Government
under the Government of India Act of 1935. what
is called Directive Principles is merely another
name for the instrument of instructions. The only
difference is that they are instructions to the leg-
islature and the executive'.
3. They embody the concept of a 'welfare state' and
not that of a 'police state', which existed during
the colonial era. In brief, they seek to establish
economic and social democracy in the country.
4. The Directive Principles are non-justiciable in
nature, that is, they are not legally enforceable
by the courts for their violation. Therefore, the
government (Central, state and local) cannot be
compelled to implement them. Nevertheless, the
Constitution (Article 37) itself says that these
principles are fundamental in the governance
of the country and it shall be the duty of the State
to apply these principles in making laws.
5. The Directive Principles, though non-justiciable
in nature, help the courts in examining and de-
termining the constitutional validity of a law.
Classification of the Directive
P r i n c i p l e s
The Constitution does not contain any classifi-
cation of Directive Principles. However, on the basis
of their content and direction, they can be classified
into three broad categories, viz, socialistic, Gandhian
and liberal-intellectual.
Socialistic Principles
These principles reflect the ideology of socialism.
They lay down the framework of a democratic social-
ist state, aim at providing social and economic jus-
tice, and set the path towards welfare state. They
direct the state :
1. (Article 38) :- To promote the welfare of the peo-
ple by securing a social order permeated by jus-
tice-social, economic and political-and to mini-
mize inequalities in income, status, facilities and
opportunities .
2. (Article 39) :- To secure (a) the right to adequate
means of livelihood for all citizens; (b) the equi-
table distribution of material resources of the
community for the common good; (c) prevention
of concentration of wealth and means of produc-
tion; (d) equal pay for equal work for men and
women; (e) preservation of the health and
strength of workers and children against forcible
abuse; and (f) opportunities for healthy develop-
ment of children .
3. (Article 39 A) :- To promote equal justice and to
provide free legal aid to the poor.
4. (Article 41) :- To secure the right to work, to edu-
cation and to public assistance in cases of un-
employment, old age, sickness and disablement.
5. (Article 42) :- To make provision for just and hu-
mane conditions for work and maternity relief.
6. (Article 43) :- To secure a living wage, a decent
standard of life and social and cultural opportuni-
ties for all orkers .
7. (Article 43 A) :- To take steps to secure the partici-
pation of workers in the management of industries.
8. (Article 47) :- To raise the level of nutrition and
the standard of living of people and to improve
public health.
Gandian Principles
These principles are based on Gandian ideology. They
represent the programme of reconstruction enunci-
ated by Gandhi during the national movement. In
order to fulfil the dreams of Gandhi, some of his ideas
were included as Directive Principles. They require
the State.
1. (Article 40) :- To organize village panchayats
and endow them with necessary powers and au-
thority to enable them to function as units of
self-government.
Liberal-Intellectual Principles
The principles included in this category represent
the ideology of liberalism. The direct the state :
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1. (Article 44) :- To secure for all citizens a uniform
civil code throughout the country.
2. (Article 45) :- To provide early childhood care and
education for all children until they complete the
age of six years.
New Directive Principles
The 42nd Amendment Act of 1976 added four new
Directive Principles to the original list. They require
the State:
1. (Article 39) :- To secure opportunities for healthy
development of children.
2. (Article 39 A) :- To promote equal justice and to
provide free legal aid to the poor.
3. (Article 43 A) :- To take steps to secure the partici-
pation of workers in the management of industries.
4. (Article 48 A) :- To protect and improve the envi-
ronment and to safeguard forests and wild life.
(Article 38) :- The 44th Amendment Act of 1978
added one more Directive Principle, which requires
the State to minimize inequalities in income, sta-
tus, facilities and opportunities.
Again, the 86th Amendment Act of 2002 changed
the subject-matter of Article 45 and made elemen-
tary education a fundamental right under Article 21
A. The amended directive requires the State to pro-
vide early childhood care and education for all chil-
dren until they complete the age of 14 years.
Fundamental Rights Fundamental Rights Fundamental Rights Fundamental Rights Fundamental Rights
1. These are negative as they prohibit the State
from doing certain things.
2. These are justifiable, that is, they are legally en-
forceable by the courts in case of their violation.
3. They aim at establishing political democracy
4. These have legal sanctions.
5. They promote the welfare of the individual.
6. They do not require any legislation for their im-
plementation. They are automatically enforced.
7. The court are bound to declare a law violative of
any of the Fundamental Rights as unconstitu-
tional and invalid.
Directive Rights Directive Rights Directive Rights Directive Rights Directive Rights
1. These are positive as they require the State to
do certain things.
2. These are non-justiciable, that is, they are not le-
gally enforceable by the courts for their violation.
3. They aim at establishing social and economic
democracy in the country.
4. These have moral and political sanctions.
5. They promote the welfare of the community.
Hence, they are societarian and socialistic.
6. They require legislation for their implementa-
tion. They are not automatically enforced.
7. The courts cannot declare a law violative of any
of the Directive Principles as unconstitutional
and invalid. However, they can uphold the valid-
ity of law on the ground that it was enacted to
give effect to a directive.
Comparison betw Comparison betw Comparison betw Comparison betw Comparison between the Fundamental Rights and Dir een the Fundamental Rights and Dir een the Fundamental Rights and Dir een the Fundamental Rights and Dir een the Fundamental Rights and Directi ecti ecti ecti ectiv vv vve Principles e Principles e Principles e Principles e Principles
The justiciability of Fundamental Rights and non-
justiciability of Directive Principles on the one hand
and the moral obligation of State to implement Direc-
tive Principles (Article 37) on the other hand have led
to a conflict between the other hand have led to a con-
flict between the two since the commencement of the
Constitution. In the Champakam Dorairajan case
91951), the Supreme Court ruled that in case of any
conflict between the Fundamental Rights and the Di-
rective Principles, the former would prevail. It declared
that the Directive Principles have to conform to and
run as subsidiary to the Fundamental Rights.
The above situation underwent a major change
in 1967 following the Supreme Court's judgement in
the Golaknath case (1967). In that case, the Supreme
Court ruled that the Parliament cannot take away or
abridge any of the Fundamental Rights, which are
'sacrosanct' in nature. In other words, the Court held
that the Fundamental Rights cannot be amended for
the implementation of the Directive Principles.
Conf Conf Conf Conf Conflict Betw lict Betw lict Betw lict Betw lict Between Fundamental Rights and Dir een Fundamental Rights and Dir een Fundamental Rights and Dir een Fundamental Rights and Dir een Fundamental Rights and Directi ecti ecti ecti ectiv vv vve Principles e Principles e Principles e Principles e Principles
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The Parliament reacted to the Supreme Court's
judgement in the GTolaknath Case (1967) by enact-
ing the 24th Amendment Act (1971) and the 25th
Amendment Act (1971). The 24th Amendment Act
declared that the Parliament has the power to bridge
or take away any of the Fundamental Rights by en-
acting Constitutional Amendment Acts.
In the Kesavananda Bharati case (1973), the Su-
preme Court declared that judicial review is a basic
feature of the Constitution and hence, cannot be
taken away.
In the Minerva Mills case (1980), the Supreme
Court also held that 'the Indian Constitution in
founded on the bedrock of the balance between in
Fundamental Rights and the Directive Principles.
They together constitute the core of commitment to
social revolution. They are like two wheels of a
chariot, one no less than the other. To give absolute
primacy to one over the other is to disturb the har-
mony of the Constitution. This harmony and bal-
ance between the two is an essential feature of the
basic structure of the Constitution. The goals set out
by the Directive Principles have to be achieved with-
out the abrogation of the means provided by the Fun-
damental Rights'.
Implementation of Directive Implementation of Directive Implementation of Directive Implementation of Directive Implementation of Directive
P r i n c i p l e s P r i n c i p l e s P r i n c i p l e s P r i n c i p l e s P r i n c i p l e s
Since 1950, the successive governments at the
Centre and in the states have made several laws and
formulated various programmes for implementing the
Directive Principles. These are mentioned below.
1. The Planning Commission was established in
1950 to take up the development of the country
in a planned manner. The successive Five Year
Plans aimed at securing socio-economic justice
and reducing inequalities of income, status and
opportunities.
2. Almost all the states have passed land reform laws
to bring changes in the agrarian society and to
improve the conditions of the rural masses. The
measures include
(a) abolition of intermediaries like zamindars,
jagirdars, inamdars, etc;
(b) tenancy reforms like security of tenure, fair
rents, etc;
(c) imposition of ceilings on land holdings;
(d) distribution of surplus land among the land-
less labourers; and
(e) cooperative farming. Further, the land reform
laws are given constitutional protection, that is,
they are incorporated into the 9th Schedule so
that they could not be challenged in the courts.
3. The Minimum Wages Act (1948), the Payment
of Wages Act (1936), the Payment of Bonus Act
(1965), the Contract Labour Regulation and Abo-
lition Act (1970), the Child Labour Prohibition
and Regulatio Act (1986), the Bonded Labour Sys-
tem Abolition Act (1976), the Trade Unions Act
(1926), the Factories Act (1948), the Mines Act
(1952), the Industrial Disputes Act (1947), the
Workmen's Compensation Act (1923) and so on
have been enacted to protect the interests of the
labour sections.
4. The Maternity Benefit Act (1961) and the Equal
Remuneration Act (1976) have been made to pro-
tect the interests of women workers.
5. Various measures have been taken to utilize the
financial resources for promoting the common
good. These include nationalization of life insur-
ance (1956), the nationalization of fourteen lead-
ing commercial banks (1969), nationalization of
general insurance (1971), abolition of Privy
Purses (1971) and so on.
6. Khadi and Village Industries Board, Khadi and
Village Industries Commission, Small-Scale In-
dustries Board, National Small Industries Cor-
poration, Handloom Board, Handicrafts Board,
Coir Board, Silk Board and so on have been set
up for the development of cottage industries in
rural areas.
7. The Community Development Programme (1952),
Hill Area Development Programme (1960),
Drought-Prone Are Programme (1973),
Swarnajayanti Gram Swarozgar Yojana (1999).
8. The Wildlife (Protection) Act, 1972 and the Forect
(Conservation) Act, 1980, have been enacted to
safeguard the wildlife and the forests respectively.
9. Agriculture has been modernized by providing im-
proved agricultural inputs, seeds, fertilizers and
irrigation facilities.
10. Three-tier panchyati raj system (at village,
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27 Indian Polity
taluka and zila levels) has been introduced to
translate into reality Gandhiji's dream of every
village being a republic. The 73rd Amendment
Act (1992) has been enacted to provide constitu-
tional status and protection to these panchayati
raj instructions.
11. The Criminal Procedure Code (1973) separated
the judiciary from the executive in the public
services of the state.
12. The Ancient and Historical Monument and Ar-
chaeological Sites and Remains Act (1951) has
been enacted to protect the monuments, places
and objects of national importance.
Fundamental Duties Fundamental Duties Fundamental Duties Fundamental Duties Fundamental Duties
(Ar (Ar (Ar (Ar (Ar tic tic tic tic ticle 51A, P le 51A, P le 51A, P le 51A, P le 51A, Par ar ar ar ar t IV of t IV of t IV of t IV of t IV of Constitution) Constitution) Constitution) Constitution) Constitution)
A new chapter dealing with the fundamental du-
ties (10 in number) or Indian citizen was added by
the 42nd amendment. It shall be the duty of every
citizen of India in 1976.
1. To abide by the Constitution and respect its ide-
als and institutions, the National Flag and the
National Anthem;
2. To cherish and follow the noble ideals which in-
spired our nation struggle for freedom;
3. To uphold and protect the sovereignty, unity and
integrity of India;
4. To defend the country and render national serv-
ice when called upon to do so;
5. To promote harmony and the spirit of common
brotherhood amongst all the people of India tran-
scending religious, linguistic and regional or sec-
tional diversities, to renounce practices deroga-
tory to the dignity of women;
6. To value and preserve the rich heritage of our
composite culture;
7. To protect and improve the natural environment
including forests, lakes, rivers and wild life and
to have compassion for living creatures;
8. To develop the scientific temper, humanism and
the spirit of inquire and reform;
9. To safeguard public property and to adjure violence
10. To strive towards excellence in all spheres of in-
dividual and collective activity so that the nation
constantly rises to higher level of endeavor and
achievement.
11. to provide opportunities for education to his child
or ward between the age of six and fourteen years.
This duty was added by the 86
th
Constitutional
Amendment Act, 2002.
Swaran Singh Committee Swaran Singh Committee Swaran Singh Committee Swaran Singh Committee Swaran Singh Committee
R e c o mme n d a t i o n s R e c o mme n d a t i o n s R e c o mme n d a t i o n s R e c o mme n d a t i o n s R e c o mme n d a t i o n s
In 1976, the Congress Party set up the Sardar
Singh Committee to make recommendations about
fundamental duties, the need and necessity of which
was felt during the operation of the internal emer-
gency (1975-1977). The committee recommended the
inclusion of a separate chapter on fundamental du-
ties in the Constitution. It stressed that the citizens
should become conscious that in addition to the en-
joyment of rights. They also have certain duties to
perform as well. The Congress Government at Cen-
tre accepted these recommendations and enacted the
42
nd
Constitutional Amendment Act in 1976. This
amendment added a new part, namely, Part IVA to
the Constitution. this new part consists of only one
Article, that is, Article 51A which for the first time
specified a code of ten fundamental duties of the citi-
zens. The ruling Congress party declared the non-
inclusion of fundamental duties in the Constitution
as a historical mistake and claimed that what the
framers of the Constitution failed to do was being
done now.
Though the Swaran Singh Committee suggested
in the incorporation of eight Fundamental Duties in
the Constitution, the 42
nd
Constitutional Amendment
Act (1976) included ten Fundamental Duties.
Interestingly, certain recommendations of the
Committee were not accepted by the Congress Party
and hence, not incorporated in the Constitution.
These include :
1. The Parliament may provide for the imposition
of such penalty or punishment as may be consid-
ered appropriate for any non-compliance with or
refusal to observe any of the duties.
2. No law imposing such penalty or punishment
shall be called in question in any court on the
ground of infringement of any of Fundamental
Rights or on the ground of repugnancy to any other
provision of the Constitution.
3. Duty to pay taxes should also be a Fundamental
Duty of the citizens.
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28 Indian Polity
The Union The Union The Union The Union The Union
India, that is Bharat, shall be a Union of States
(Article 1). The States and Territories thereof shall
be as specified in the first schedule (Article 2).
Distribution of Powers : The Union has exclu-
sive power to make laws on all matters in List I of
the Seventh Schedule (Union List). The states have
exclusive power to make laws on all matters in List
II (State List). The legislate on any matter enumer-
ated in List III (Concurrent List) (Art. 246).
Residuary Powers :- The Union has exclusive
power to make laws on any matter not enumerated
in the Concurrent List or State List (Art. 248).
Over-riding Powers :- In case of any conflict be-
tween Union laws, the Union laws shall prevail. States
(Rajya Sabha) and House of the People (Lok Sabha).
The Union Executive The Union Executive The Union Executive The Union Executive The Union Executive
THE PRESIDENT [Art. 52]
The Article 52 says 'There shall be a president of
India'
Article 53 says that the executive power of the
union shall be vested in the president.
The president is the head of the Indian State.
He is the only nominal executive head.
The provision dealing with the election of the
President are provided in Articles 54 and 55 and
the President and the vice president act of 1952,
which was amended in 1974.
The executive powers of the Union are exercised
by the President of India either directly or through
officer subordinate to him. The 42nd Amendment
made it explicit that he would always act on the ad-
vice of the Council of Ministers. However, under the
44th Amendment the President has been given the
option of asking the Cabinet to reconsider its advice.
But he must act in accordance with the reconsid-
ered advice.
Election of the President :- He is indirectly
elected by an electoral college comprising
(a) The elected members of the House of parliament
and
(b) The elected members of the Legislative Assem-
blies of the states by a system of proportional rep-
resentation by means of a single transferable
vote; voting is by secret ballot.
Qualification for election as President
(1) He must be a citizen of India,
(2) He must not be less than 35 years of age,
(3) He must be qualified for election as member of
Lok Sabha but shall not be a member, and
(4) He must not be holding any office of profit under
the Government of India or any other Govern-
ment. A Governor of State or a Minister of the
Union or State or Vice President of the Union will
not, however, be considered as a person holding
an office of profit.
Procedure of Election :- The procedure of Presi-
dential election is contained in Articles 54 and 55.
While Art. 54 provides for the creation of an electoral
college consisting of all the elected M.L.A's and M.P's,
Art. 55 provides for the formula of uniformity in the
scale of representation of different States, as far as
practicable, by incorporating the method of propor-
tional representation with single transferable vote
system.
Number of votes of an elected member of the
Legislative Assembly of a State :- According to Arti-
cle 55, every elected member of the Legislative As-
sembly of a State shall have as many Votes as there
are multiples of one thousand in the quotient obtained
by dividing the population of the State by the total
number of the elected members of the Assembly. If
the remainder is not less than five hundred the votes
of such elected member shall be increased by one.
In brief the formula is
Value of votes of an MLA
1000
state the of Assembly e Legislativ
the of members elected of Number
State concerned the of Population
=
Example :- If the population of a State is 10000000
and the number of elected members of the Legisla-
tive Assembly of that state is 100, the value of votes
of a member of the Assembly shall be
1000 100000
100
10000000
= =

100
1000
100000
= =
ADULT FRANCHISE
In democratic countries, all adult citizens of certain
age without any distinctions of cast, creed, colour, religion
or sex are given right to vote. This is called adult franchise.
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29 Indian Polity
It has been stated i n the Consti tuti on by
42nd Amendment that the population of each
State shall be that of 1971 census for this pur-
pose till the new census after the year 2000 has
been conducted.
The Value of Votes of an Elected Member of Par-
liament :- Each elected member of Parliament shall
have such number of votes as may be obtained by
dividing the total number of votes assigned to the
members of the Legislative Assemblies of the States
by the total number of the elected members of both
Houses of Parliament. The formula for determining
the value of votes of an elected members of Parlia-
ment is
. Parliament of members elected of number Total
States of Assemblies e Legislativ of members
elected the to assigned votes of number Total
Example :- If the number of votes assigned to the
elected members of the Legislative Assemblies of all
States is 300000 and there are 500 elected mem-
bers of Parliament, the value of votes of an elected
member of Parliament shall be
600
500
300000
= =
If the remainder is not less than one half, the
value of votes shall be increased by one.
Quota :- A candidate to be successfully elected to
the office of the President shall obtain a fixed quota
of votes. The quota is derived by adding one to the
half of the total valid votes in such election. The for-
mula is
1
2
votes valid of number Total
Quota + =
For example, there are 500000 valid votes cast
in an election of the President, the quota would be
250001 1
2
500000
= + =
Term of Office :- The President holds office for
five years. Unless he resigns earlier or he is removed
from office by impeachment. He is eligible for re-elec-
tion.
Salary and Allowances :- He is entitled to an
official rent-free residence and he draws a salary of
Rs. 50,000 per month. On retirement a pension of
Rs. 20,000/- p.m.
Procedure for Impeachment :- It is laid down in
the constitution that the charge of violation of the Con-
stitution may be preferred by either of the two cham-
bers of the Union Parliament before the other House,
which would then take up the responsibility of getting
the charge investigated. However, in order that a
charge is preferred by a House it is necessary that:
(a) a resolution containing the proposal preferring
the charge of violation is moved after a 14-day
notice in writing signed by not less than one-
fourth of the total membership of the House levy-
ing the charge, and
(b) the resolution is passed by a majority of not less
than two-thirds of the total membership of the
same House. The other House then investigates
into the matter and, if a resolution is passed in
that House by not less than two-thirds of its total
membership substantiating the charge, the
President is removed from his office.
Vacancy in the office of President :- A vacancy
in the office of the President may be caused in any of
the following ways:
(i) on the expiry of his term of five years;
(ii) by his death;
(iii)by his resignation;
(iv) on his removal by impeachment;
(v) otherwise, e.g. on the setting aside of his elec-
tion as President.
When the vacancy is going to be caused by the
expiration of the term of the sitting President, an
election to fill the vacancy must be completed before
the expiration of the term. But in order to prevent an
'interregnum', owing to any possible delay in such
completion, it is provided that the outgoing President
must continue to hold office, notwithstanding that
his term has expired, until his successor enters upon
his office. In case of vacancy arising by reason of any
cause other than the expiry of the term of the in-
cumbent in office an election to fill the vacancy must
be held as soon as possible after, and in no case later
than, six months from the date of occurrence of the
vacancy. Immediately after such vacancy arises, it
is the Vice-President who shall act as President.
Apart from a permanent vacancy, the President
may be temporarily unable to discharge his functions,
in which case the Vice-President shall discharge his
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30 Indian Polity
functions until the date on which the President
resumes his duties.
Impeachment (Article 61) :- The President may
be impeached on a charge of violation of the Con-
stitution. Such impeachment can be moved in ei-
ther House of the Parliament by duly signed by at
least one-fourth of the total number of member of
the house and moved after giving at least 14 days'
advance notice. Such a resolution must be passed
by a majority of not less than 2/3rd of the total mem-
bership of the House. The charge is than investi-
gated at such investigation. The President has right
to appear and to be represented at such investiga-
tion. If the other House after investigation passes a
resolution by 2/3rd majority declaring that the charge
is proved, such resolution shall have the effect of re-
moving the President from his office from the date
on which the resolution is so passed.
Under Article 11, section 4 of the American Con-
stitution, the President and all Civil Officers of the
United States can be removed from office on impeach-
ment for, and conviction of, "Treason, Bribery, other
high crimes and misdemeanours". In America the
power to initiate the impeachment proceedings lies
with the Lower House, which appoints a Committee
to investigate the charges. The findings of the House
are then sent to the Senate for action. The Senate,
which hears the impeachment, is presided over by
the Chief Justice of the Supreme Court of America.
If the Senate by 2/3rd majority of the members
present at the trial agrees to the charges, the Presi-
dent is convicted and removed.
P PP PPo oo oow ww wwers of ers of ers of ers of ers of the Pr the Pr the Pr the Pr the President esident esident esident esident
Executive Powers :-
All of the executive actions of the Govt. 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 pleas-
ure of the President.
He appoints the Attorney General of India
and determines his remuneration. The At-
torney General holds office during the pleas-
ure of the President.
He appoints the Comptroller and Auditor General
of India, the Chief Election Commissioner, the
chairman and the Members of the Union Public
Service Commission, the Governor of the States,
the Chairman and Members of the Finance Com-
mission, and so on.
He can seek any information relating to admin-
istration of affairs of the Union, and proposals for
legislation from the Prime Ministers (Article 78)
Legislative Powers :-
He can summon or prorogue both the houses of
the Parliament and Dissolve the Look 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 Address both the houses of the Parlia-
ment at the Commencement of the first session
after each general election and the first session
of the year.
He can send message to both the houses of the
Parliament, whether with respect to a bill pend-
ing in the Parliament or otherwise.
He can 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.
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.
Judicial Powers :-
He appoints the Chief Justice and the judges of
the Supreme Court and Zone high Courts.
He can seek advice from the Supreme Court on
any question of law or fact. (Art 143)
1. Pardon :- Completely absolves the offender
2. Reprieve :- temporary suspension of the sen-
tence.
3. Respite :- awarding a lesser sentence on spe-
cial grounds.
4. Remission :- reducing the amount of sentence
without changing its character.
5. Commutation :- substitution of one form of
punishment for another form, which is of
lighter character.
FIFTH COLUMN
It refers to a group or persons within a country, which
conspires with foreign countries against the national inter-
ests of their own country.
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31 Indian Polity
Emergency Powers : National Emergency
The National Emergency (Art 352) :- On the
grounds of security threat to India by war, external
aggression or
armed rebellion.
The term
' armed rebel-
lion' was in-
serted by the
44th Constitu-
tional Amend-
ment act (1978),
replacing the
original term '
internal distur-
bance'.
The President
can proclaim
this emergency
only after re-
ceiving a writ-
ten recommen-
dation from the
Cabinet.
State Emergency :-
The Presidents
rule is also
known as the
Constitutional
Emergency or
the State Emer-
gency.
It can be pro-
claimed by the
President on
the failure of the Constitutional machinery in
the State (Art 356), or failure to comply with or to
give effect to the directions given by the Union
(Art 365)
The President's rule can be imposed when the
President is satisfied, on the basis of either a
report of the State Governor or Otherwise, that
the Governance of the State cannot be car-
ried on in accordance with the Provision of
the Constitution.
Veto Power :-
Veto is of the following four
types :-
Absolute Veto, that is
withholding the assent to the
bill.
Qualified Veto, which can
be overridden by the Legisla-
ture with a higher majority.
Suspensive Veto, which can
be overridden by the Legislature
with an ordinary majority.
Pocket Veto, that is, delay
in giving assent to the bill.
The veto power enjoyed by
the President of India is a Com-
bination of the Absolute,
Suspensive and Pocket vetos.
When a bill passed by the State
Legislature is reserved by the
Governor for Consideration of
the President, the President
can 1. Give his assent to the
bill, or 2. Withhold its assent
to bill, or 3. Direct the Gover-
nor to return the bill for recon-
sideration of the state Legis-
lature.
Discretionary Powers :- The
President of India almost al-
ways at on the aid and advise
of the council of Ministers except under the follow-
ing circumstances where he acts on his discretion:
In appointing a Prime Minister from among the
contenders when no single party attains the ma-
jority after elections to the Lok Sabha.
A council of Ministers is voted out and after
resigning advises the President to dissolve the
Lok Sabha and Hold fresh elections (or resigns
and advises so without being voted out).
While exercising the Pocket Veto.
Disqualifying members of the legislature when
the Council's advise is not taken.
Can return the advise of the Council of Minis-
ters once for its reconsideration.
The Presidents of India The Presidents of India The Presidents of India The Presidents of India The Presidents of India
1. Dr. Rajendra Prasad Jan 26, 1950 to May 13, 1962
2. Dr. S. Radhakrishnan May 13, 1962 to May 13, 1967
(Vice President also)
3. Dr. Zakir Hussain May 13, 1967 to May 3, 1969
(Vice President also) (Died)
4. V.V.Giri, May 3, 1969 to July 20, 1969
(Vice President also) (acting)
5. Justice M. Hidyatullah July 20, 1969 to Aug 24, 1969
(Vice President also) (Acting)
6. V.V.Giri, Aug 24, 1969 to Aug 24, 1974
7. Fakhruudin Ali Ahmed Aug 24, 1974 to Feb 11, 1977
(Died)
8. B.D.Jatti, Feb 11, 1977 to July 25, 1977
9. Neelam Sanjeeva July 25, 1977 to July 25, 1982
Reddy
10. Giani Zail Singh July 25, 1982 to July 25, 1987
11. M. Hidyatullah Oct 6, 1982 to Oct 31, 1982
(Vice President also) (discharged the functions of
the President)
12. R. Venkatraman July 25, 1987 to July 25, 1992
13. Dr. S.D.Sharma July 25, 1992 to July 25, 1997
14. K.R.Narayanan July 25, 1997 to July 25, 2002
15. A.P.J.Abdul Kalam July 25, 2002 till date
FILIBUSTERING
The practice of filibustering is frequently used by mem-
bers in the legislative process of American Senate. It means
a practice of prolonging debate on a bill or a matter by speak-
ing unduly long time by members so that the voting on the bill
would not be held and the bill shall be dropped, as its allocated
time has lapsed in the discussion, without passing the same.
32 Indian Polity
Constitutional position :- The President has made
only a nominal executive: the real executive is the
council of Ministers headed by the Prime Minister.
Bills that require Prior recommendation of the
President :-
A bill to alter the boundaries of the State or to
change the names of the state (Art 3).
A money bill as detailed in Art 110.
A financial bill (category one) involving Art. 110
but containing an-
other provisions as
well.
A financial bill (Cat-
egory two) which is an
Ordinary bill but seek-
ing to draw from the
Consolidated fund of
India can be taken up
for consideration, that
is reading two in the
process of passage of
the bill.
Legislation involving
Art. 31A
Any legislation involving items of the taxation in
which the states are interested or one that seeks
to redefine agriculture income etc.
A state bill that seeks to restrict freedom of trade,
commerce and intercourse [Art 19 (1)(g)] bill that
require the previous sanction of the President
cannot be questioned in the courts for its consti-
tutionality, if such as sanction is not obtained
after it is legislated upon, and the assent of the
President is obtained.
The Vice Presidents of India The Vice Presidents of India The Vice Presidents of India The Vice Presidents of India The Vice Presidents of India
According to the Article 63-there shall be a vice
President of India.
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 enti-
tled for any salary and allowance payable to the
chairman of the council of states.
When he acts as the President or Discharge the
function of the President, he shall not perform
the duties of the office of the Chairman of the
council of states and shall not be entitled to re-
ceive the salary and the emoluments payable to
the chairman of the council of states under Art
97, during this period he is entitled for the sala-
ries, emoluments, allowance and privileges of the
office of the President of India.
The election of the vacancy of the office of the
Vice President is com-
pleted before the expiry of
his term.
Qualifications to be the
Vice President
No person shall be eli-
gible to be elected as the
vice President unless he
- is a citizen of India, has
completed the age of 35
years, is qualified for elec-
tions as a member of the
Council of States.
The Vice President may, by writing under his hand
addressed to the President, resign his office.
The Vice President can be removed from his of-
fice by a resolution of the Council of states (the
Rajya Sabha) passed by a majority of all the then
members of the Council of states and agreed to
by the House of People (the Lok Sabha). No formal
impeachment is required.
Council of Ministers Council of Ministers Council of Ministers Council of Ministers Council of Ministers
Article 74(i) provides that 'there shall be a coun-
cil of Ministers as its head to aid and advice the
President who shall, in exercise of his functions
act in accordance with such advice.'
Art 75(i), the Prime Minister shall be appointed
by the President and other Ministers shall be ap-
pointed by the President on the advice of the
Prime Minister.
As per Art 75(3), the council of Ministers is col-
lectively responsible to the Lok Sabha i.e., if a
resolution is defeated in the Parliament, the en-
tire Ministry collapses.
The Council of Ministers consists of three cat-
egories of Ministers - Ministers of cabinet rank,
State Ministers and Deputy Ministers.
Vice Presidents of India Vice Presidents of India Vice Presidents of India Vice Presidents of India Vice Presidents of India
1. Dr. S.Radhakrishnan 1952-1962
2. Dr. Zakir Hussain 1962-1967
3. Varahagiri Venkata Giri 1967-1969
4. Gopal Swarup Pathak 1969-1974
5. B D Jatti 1974-1979
6. Mohammed Hidyatullah 1979-1984
7. R Venkataraman 1984-1987
8. Dr. Shanker Dayal Sharma 1987-1992
9. K R Narayanan 1992-1997
10. Krishan Kant 1997-2002
11. Bhairon Singh Shekhawat Aug 19, 2002 till date
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33 Indian Polity
Cabinet Ministers are the senior most Ministers
to head a department with portfolio.
They constitute the cabinet and have the right
to attend all the cabinet meetings convened by
the Prime Minister.
The word 'Cabinet Ministers' has been incorpo-
rated into the constitution through the 42nd
amendment act in Art 352.
The cabinet is the smaller body of the council of
Ministers.
Ministers of the states are lower in rank to the
cabinet Ministers and normally assist the latter.
They never attend the Cabinet meeting.
All cabinet Ministers are not the members of the
Cabinet.
The Size of the Council of Ministers Gets
Limited :- The 91st Constitutional amendment
Act, 2003 (which was previously 97th Amendment
Comparison between the President and the Vice - President Comparison between the President and the Vice - President Comparison between the President and the Vice - President Comparison between the President and the Vice - President Comparison between the President and the Vice - President
P r e s i d e n t P r e s i d e n t P r e s i d e n t P r e s i d e n t P r e s i d e n t
1. Elected by an Electoral College consisting of
elected members of both the Houses of Parlia-
ment Lok Sabha and Rajya Sabha and of the
Legislative Assemblies of the States.
2. The election is held in accordance with the sys-
tem of proportional representation by means of
the single transferable vote.
3. No person shall be eligible for election as Presi-
dent unless he is a citizen of India and has com-
pleted the age of thirty-five years.
4. To become the President, a person shall also be
qualified to become a member of the House of
the People.
5. A person shall not be eligible for election as Presi-
dent if he holds any office of profit under the Gov-
ernment of India or the Government of any State.
However, the office of the President, the Vice-
President or the Governor or the Minister for the
union or for any State shall not be considered as
office of profit
6. The term of office is for five years from the date
of entering upon the office of the President.
7. The President may resign his office by writing
his resignation to the Vice-President.
8. The President may be removed from his office
by a resolution of impeachment passed by a ma-
jority of not less than two-thirds of the total mem-
bers in both the Houses of Parliament.
9. The President exercises the executive powers
of the Union on the advice of the Council of Min-
isters.
10. The President is entitled to get a monthly salary
of Rs. 50,000.
Vi c e - P r e s i d e n t Vi c e - P r e s i d e n t Vi c e - P r e s i d e n t Vi c e - P r e s i d e n t Vi c e - P r e s i d e n t
1. Elected by an Electoral College consisting of the
members of both Houses of Parliament i.e., Lok
Sabha and Rajya Sabha .
2. The election is held in accordance with the sys-
tem of proportional representation by means of
the single transferable vote.
3. No person shall be eligible for election as the
Vice-President unless he is a citizen of India and
has completed the age of thirty-five years.
4. To become the Vice-President, a person shall be
qualified to become a member of the Council of
States.
5. A person shall not be eligible for election as Vice-
President if he holds any office of profit under
the Government of India or the Government of
any State. However, the office of the President,
Vice-President or the Governor or the Minister
for the union or for any State shall not be consid-
ered as office of profit
6. The term of office is for five years from the date
on which the Vice-President enters upon his of-
fice.
7. The Vice-President may resign his office by writ-
ing his resignation to the President.
8. The Vice-President may be removed from his
office by a resolution passed by the Council of
States by a simple majority and agreed to by the
House of the people.
9. The Vice-President is the ex-officio Chairman of
the Council of States and acts as President in his
absence.
10. The Vice-president as the chairman of the Coun-
cil of the States, gets Rs. 40,000 per month and
when he acts as the President he gets a monthly
salary of Rs. 50,000 per month.
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34 Indian Polity
Bill) limits the size of the council of Ministers to
15 percent of the total strength of the lower House,
the Lok Sabha i n the centre and the Vi dhan
Sabhas in the States. In the smaller states like
Sikkim and Mizoram where the total strength of
the Vidhan Sabhas is 32 and 40 respectively, this
maximum number has been fixed at 12 ministers.
Council of Ministers vs. Cabinet Council of Ministers vs. Cabinet Council of Ministers vs. Cabinet Council of Ministers vs. Cabinet Council of Ministers vs. Cabinet
Council of Ministers
It is wider body consisting of 60 to 70 members.
It includes all the three categories of Ministers.
Cabinet
It is a smaller body consisting of 15 to 20 Minis-
ters.
It includes the cabinet Ministers only.
The Prime Minister The Prime Minister The Prime Minister The Prime Minister The Prime Minister
The Prime Minister is appointed by the President
[Art. 75 (1) ].
The min. age required is 25 years, as he can be
the member of either house if not, must be within
6 months [Art. 75(5)].
In normal circumstances, the President can hardly
exercise his discretion; the President's choice to
appoint the Prime Minister is restricted to the
leader of the Party with majority of Lok Sabha.
If no party is in a position to gain the required
majority and if a coalition Govt is to be formed,
the President can exercise his discretion in
choosing the prime Minister.
The President can choose the leader of any party,
who in his opinion can form a stable Govt.
In inviting a leader, the President can follow the
following conventions one after the other:
1. The President should invite the leader of the
opposition, if the Govt. is defeated in the house
on the no confidence motion.
2. He should call the leader of a coalition formed
before the election.
3. He should call the leader of the single largest
party
4. He should invite the leader of a coalition
formed after the election.
Qualifications :-
1. The Prime Minister has to form the Central Cabi-
net and is answerable to the President for any
act of commission or commission done by any
individual ministers.
2. He is the Chief Confidential Advisor to the Presi-
dent and as such his powers increase largely
during emergency period.
3. He selects other Ministers and exercises good
Prime Ministers of India Prime Ministers of India Prime Ministers of India Prime Ministers of India Prime Ministers of India
Name Party Name Time Period
1. Pt. Jawahar Lal Nehru 1 Indian National Congress 15 Aug 1947 - 27 May 1964
2. Gulzari Lal Nanda INC 27 May 1964 - 9 Jun 1964 (acting)
3. Lal Bahadur Shastri 2 INC 9 Jun 1964 - 11 Jan 1966
4. Gulzari Lal Nanda INC 11 Jan 1966 - 24 Jan 1966 (acting)
5. Indira Gandhi 3 Congress (I) 24 Jan 1966 - 24 Mar 1977
6. Morarji Desai 4 Janata Party 24 Mar 1977 - 28 Jul 1979
7. Ch. Charan Singh 5 Janta Party(s) 28 Jul 1979 - 14 Jan 1980
8. Indira Gandhi 6 Congress (I) 14 Jan 1980 - 31 Oct 1984
9. Rajiv Gandhi 7 Congress (I) 31 Oct 1984 - 1 Dec 1989
10. V P Singh 8 Janta Dal 2 Dec 1989 - 10 Nov 1990
11. Chander Shekhar 9 Samajwadi Janta Party 11 Nov 1990 - 21 Jan 1991
12. P V Narsimha Rao 10 Congress (I) 21 Jun 1991 - 16 May 1996
13. Atal Bihari Vajpayee 11 BJP 16 May 1996 - 31 May 1996
14. H D Devegowda 12 Janata Dal 1 Jun 1996 - 20 Apr 1997
15. I K Gujral 13 Janata Dal 21 Apr 1997 - 18 Mar 1998
16. Atal Bihari Vajpayee BJP 19 Mar 1998 - 13 Oct 1999
17. Atal Bihari Vajpayee BJP 13 Oct 1999 - May 2004
18. Manmohan Singh 14 Congress From 22 May 2004
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35 Indian Polity
deal of freedom of choice in their selection. He
can also call upon any Minister to resign if he so
desires.
4. He presides over the Cabinet Meeting.
5. He is the chief spokesman of the Government in
the House.
The Central Vigilance Commission The Central Vigilance Commission The Central Vigilance Commission The Central Vigilance Commission The Central Vigilance Commission
The Central Vigilance Commission was set up
by the Govt. in Feb 1964 on the recommendations
of the committee on prevention of Corruption,
headed by Mr K Santhanam, to advice and guide
Central Govt agencies in the field of Vigilance.
Consequent upon promulgation of an Ordinance
by the President, the CVC has been made a multi
member Commission with 'Statutory status' with
effect from 25th Aug 1998. The commission shall
consist of-
(a) a Central Vigilance Commissioner - Chair-
person
(b) not more than four Vigilance Commission-
ers - Members.
UNION LEGISLATURE - PARLIAMENT
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 People (the Lok Sabha)
The President, even though he does not sit in
Parliament and appears there only for the purpose of
delivering his opening address, is, under the consti-
tution, a part of the legislature, and no bill passed by
Parliament can become law without his assent.
Composition :- The Lok Sabha, in which the real
power lies, consists of not more than 550 representa-
tives of the people inclusive of 20 representatives of
the Union Territories. Two members of the Anglo-
Indian community may be nominated by the Presi-
dent if the community is not adequately represented
in the Lok Sabha through regular elections. The
Rajya Sabha is composed of not more than 250 mem-
bers, of whom (a) 12 shall be nominated by the Presi-
dent; and (b) the remainder (i.e. 238) shall be repre-
sentatives of the States and the Union Territories
elected by the method of indirect election. The 12
nominated members shall be chosen by the Presi-
dent from amongst persons having 'special knowl-
edge or practical experience in literature, science,
art, and social service'. The Constitution thus adopts
the principle of nomination for giving distinguished
persons a place in the Upper Chamber.
Election :- For Lok Sabha, the representatives of
the States are directly elected by the people of the
State on the basis of adult suffrage. Every citizen who
is not less than 18 years of age and is not otherwise
disqualified e.g. by reason of non-resident, unsound-
ness of mind, crime or corrupt or illegal practice, shall
be entitled to vote at such election. Uniformity of
representation is provided for (a) there shall be allot-
ted to each State a number of seats in the House of
the People in such manner that the ratio between
that number and the population of the State is, so far
as practicable, the same for all States; and (b) each
State shall be divided into territorial constituencies
in such manner that the ratio between the popula-
tion of each constituency and the number of seats
allotted to it is, so far as practicable, the same
throughout the State.
Qualifications for Membership :- In order to be
chosen a member of parliament, a person
(a) must be a citizen of India;
(b) must be not less than 30 years of age in the case
of the Rajya Sabha and not less than 25 years of
age in the case of the Lok Sabha. Additional quali-
fications may be prescribed by Parliament by law.
Disqualification for Membership
A person shall be disqualified for being chosen
as, and for being, a member of either House of Par-
liament
(a) if he holds any office of profit under the Govern-
ment of India or the Government of any State (other
than an office exempted by Parliament by law) but
not a Minister for the Union or for a State; or
(b) if he is of unsound mind and stands so declared
by a competent Court;
(c) if he is an undischarge insolvent.
(d) if he has ceased to be citizen of India or has vol-
untarily acquired citizenship of a foreign State
or is under acknowledgement of allegiance or
adherence to a foreign power;
(e) if he is so disqualified by or under any law made
by Parliament. If any question arises as to
whether a member of either House of Parliament
has become subject to any of the above disquali-
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36 Indian Polity
21
31
51
75
150
200
400
500
Daily Allowance (in Rupees)
fications, the President's decision, in accordance
with the opinion of the Election Commission, shall
be final.
The Lok Sabha
The Lok Sabha or the Council of People consists of
not more than 550 members, out of which 530 are to
be elected from states on the basis of adult franchise
while not more than 20 are to be elected from the
union territories.
The term of Lok Sabha is 5 years. It was increased to
6 years by 42nd Amendment but again reduced to 5
years by 44th Amendment.
Qualification for M.Ps :- In order to be a member of
Parliament a person must be
(a) citizen of India
(b) must not be less than 25 years in the case of Lok
Sabha and not less than 30 years in the case of Rajya
Sabha
(c) not of unsound mind
(d) not an undischarged insolvent
(e) not disqualified by the Parliament under law. Dis-
pute regarding disqualification of a person are referred
to the President of India who acts according to the
opinion of the Election Commission. The number of
seats for each state is so allocated that the ratio be-
tween the number and the population of the state is
as far as practicable, the same of the states. The al-
location will continue too the same until the figure of
the first census taken after 2000 A.D. are available.
Qualifications for a voter :- A voter must be -
(a) a citizen of India
(b) not less than 18 years of age,
(c) not declare mentally unfit or insolvent or otherwise
disqualified.
FUNCTIONS AND POWERS OF THE PARLIAMENT
(i) The Parliament makes laws
(ii) can amend the Constitution
(iii) has the power to impeach and remove the President
and the judges of Supreme Court. High Court and other
officers such as the Chief Election Commissioner.
T TT TThe Salar he Salar he Salar he Salar he Salar y and Allo y and Allo y and Allo y and Allo y and Allow ww wwances of ances of ances of ances of ances of Members Members Members Members Members
of of of of of P PP PPar ar ar ar arliament liament liament liament liament
Monthly Salary (in rupees)
Y for Years, S for Salary
1
9
5
4
1
9
5
7
1
9
6
9
1
9
8
3
1
9
8
8
1
9
9
3
1
9
9
8
2
0
0
1
500
1000
1250
3000
6000
8000
10000
Monthly Parliamentary Constituency
Allowance (in rupees)
Monthly Salary (in rupees)
Y : 1998
S : 4000
Y : 1983
S : 750
Y : 1964
S : 500
Y : 1954
S : 400
Y : 1985
S : 1000
Y : 1988
S : 1500
Y : 2001
S : 12000
1
9
7
5
1
9
8
1
1
9
8
6
1
9
8
8
1
9
9
7
1
9
9
8
2
0
0
1
REFRENDUM
This is a method of collecting people's opinion on a con-
troversial issue. This is conducted to feel popular reaction
on an issue of public importance. The difference between
Plebiscite and Referendum is that the former is organised to
know people's view in order to decide very important politi-
cal and constitutional questions.
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37 Indian Polity
OFFICERS OF PARLIAMENT
Speaker of Lok Sabha and Chairman of Rajya
Sabha :- Each house has it own presiding officer and
secretarial staff. The Lok Sabha is presided over by a
Speaker. There is also provision for a Deputy
Speaker. Both the Speaker and the Deputy Speaker
are elected by the Lok Sabha from among its mem-
bers. The Speaker or the Deputy Speaker will nor-
mally hold office during the life of the House, but his
office may terminate earlier in any of the following
(i) by his ceasing to be a member of the house; (ii) by
resignation in writing, addressed to the Deputy
Speaker, and vice versa; (iii) by removal from office
by a resolution, passed by a majority of all the then
members of the House. Such a resolution shall not
be moved unless at least 14 days notice has been
given of the intention to move the resolution. While
a resolution for his removal is under consideration,
the Speaker shall not preside but he shall have the
right to speak in, and to take the part in the proceed-
ings of, the House, and shall also have a right of vote
except in the case of equality of votes.
Powers of the Speaker :- At other meetings of
the House the Speaker shall preside. The Speaker
will not vote in the first instance, but shall have and
exercise a casting vote in the case of equality of votes.
The Speaker will have the final power to maintain
order within the House of the people and to interpret
its Rules of Procedure. The Speaker's conduct in regu-
lating the procedure or maintaining order in the
House will not be subject to the jurisdiction of any
Court. The Speaker possesses certain powers not
belonging to the Chairman of the Council of States.
(a) The Speaker shall preside over a joint sitting of
the two Houses of Parliament. (b) When a Money Bill
is transmitted from the Lower House to the Upper
House, the Speaker shall endorse on the Bill his cer-
tificate that it is a Money Bill. While the office of
Speaker is vacant or the Speaker is absent from a
sitting of the House, the Deputy Speaker presides,
except when a resolution for his own removal is un-
der consideration.
The Chairman of the Council of States :- (who
presides over that House) performs that function ex-
officio. It is the Vice-President of India who shall ex-
officio be the Chairman of the Council of States and
shall preside over that House. When the Chairman
acts as the President of India, the Office of the Chair-
man of the Council of States falls vacant and the
duties of the office of the Chairman shall be performed
by the Deputy Chairman. The Chairman may be re-
moved from his office only if he is removed from the
office of the Vice-President. The functions of the
Chairman in the Council of States are similar to those
of the Speaker in the House of the People except that
the Speaker has certain special powers according to
the Constitution. The Rajya Sabha elects one of its
members as its Deputy Chairman, who performs the
functions of the Chairman.
Privileges and Immunities of Members :- Both
the Houses of Parliament as well as of a State Legis-
lature have similar privilege under our Constitution.
Privileges are of two kinds; (a) those which are en-
joyed by the members individually, and (b) those which
belong to each House of Parliament as a collective
body. The major privileges enjoyed by the members
individually are as follows. (i) Exemption from attend-
ance as juniors and witnesses. (ii) Immunity is, how-
ever, confined to arrest in civil cases and does not
extend to arrest in civil cases and does not extent to
arrest in criminal case or under the law of Preven-
tive Detention. (iii) Freedom of Speech: This does not
mean unrestricted license to say anything that a
member may like, regardless of the dignity of the
House. The freedom is 'subject to the rules' framed
by the House under its powers to regulate its inter-
nal procedure. The Constitution itself imposes an-
other limitation upon the freedom of speech in Par-
liament, namely that no discussion shall take place
in Parliament with respect to the conduct of any Judge
of the Supreme Court or of a High Court in the dis-
charge of his duties except upon a motion for pre-
senting an address to the President praying for the
removal of the judge.
Money Bills :- A Bill is deemed to be a 'Money Bill'
if it contains only provisions dealing with all or any
of the following matters;
(a) the imposition, abolition, remission, alteration
or regulation of any tax;
(b) the regulation of the borrowing of money by the
Government;
(c) the custody of the Consolidated Fund or the Con-
tingency Fund of India, the payment of moneys into
or the withdrawal of moneys from any such fund;
(d) the appropriation of money out of the Consolidated
Fund of India;
(e) the declaring of any expenditure to be expenditure
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38 Indian Polity
charged on the Consolidated Fund of India or the
increasing of the mount of any such expenditure;
(f) the receipt of money on account of the Consoli-
dated Fund of India or the public account of India
or the custody or issue of such money or the au-
dit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters speci-
fied in sub clauses (a) to (f).
If any question arises whether a Bill is a Money
Bill or not, the decision or the Speaker of the Lok
Sabha on it shall be final. The following is the proce-
dure for the passing of Money Bills in Parliament. A
Money Bill shall not be introduced in the Council of
States. Secondly, a Money Bill is introduced only by
the Ministers. Private members cannot introduce
such bills. Money Bills, like ordinary Bills, go through
three readings. After being passed by the Lok Sabha
it is sent to the Rajya Sabha for its consideration. A
Bill certified by the Speaker as a Money Bill has to be
disposed of by the Rajya Sabha within fourteen days.
If it is passed by the Rajya Sabha without any change
it is returned to the Lok Sabha and sent to the Presi-
dent for his formal assent. If the Rajya Sabha makes
one or more changes in it, it is reconsidered by the
Lok Sabha. The Lok Sabha is free to accept or reject
the changes suggested by the Upper House. When the
Bill is again passed by the Lok Sabha it is sent to the
President for his assent. If no action is taken by the
Rajya Sabha on a Money Bill within fourteen days, it
is deemed to have been approved by the Upper House.
The Bill is straight away sent for President's assent.
Financial Legislation :- An annual budget [Art.
112] containing the proposed expenditure and esti-
mated income and taxation proposals is introduced by
the Finance Minister, about a month before the com-
mencement of a new Financial Year, in the Lok Sabha.
Demands for grants of various Ministers are discussed
by the Lok Sabha and approved one by one. All the
expenditures approved through various demands for
grants are then presented in the form of an Appro-
priation Bill by the Finance Minister in the Lok Sabha.
Taxation proposals are presented by him in the form
of the Finance Bill. Both these bills are called Money
Bills and are passed according to the procedure ex-
plained above. The Railway Budget is separately moved
by the Railway Minister in the Lok Sabha.
Expenditure Charged on the Consolidated Fund
of India :- So much of the estimates as related to ex-
penditure charged upon the Consolidated Fund of In-
dia shall not be submitted to the vote of Parliament
but each House is competent to discuss any of these
estimates. No money can be withdrawn from the Con-
solidated Fund except under an Appropriation Act. The
following expenditure shall be expenditure charged on
the Consolidated Fund of India: (a) the emoluments
and allowances of the President and other expendi-
ture relating to his office; (b) the salaries and allow-
ances of the Chairman and the Deputy Chairman of
the Council of States and the Speaker and the Deputy
Speaker of the House of the People; (c) debt charges
for which the Government of India is liable; (d) (i) the
salaries, allowances and pensions payable to or in re-
spect of Judges of the Supreme Court; (ii) the pen-
sions payable to or in respect of the Judges of any High
Court; (e) the salary, allowances and pension payable
to or in respect of the Comptroller and Auditor-Gen-
eral of India; (f) any sums required to satisfy any judg-
ment, decree or award of any court or arbitral tribu-
nal; (g) any other expenditure declared by the Consti-
tution or by Parliament by law to be so charged.
Questions in Parliament
Question Hour :- The Question Hour is of 60 minute
duration. It is fixed every day from 11.00 AM to 12.00 AM to
allow the Members of Parliament to ask question may be
directed to the private members with respect to the Bills or
motions for which the concerned member is responsible.
Every day, the sitting of Parliament begins with the
question Hour. The questions are of three kinds :
(i) Starred Questions
(ii) Unstarred Questions
(iii) Short-notice Questions
Starred Questions :- If a member of either House de-
sires an oral answer to his question, such questions are
termed as starred questions. The starred questions are dis-
tinguished by putting on a star mark along with the ques-
tion. The starred questions allow a member to ask supple-
mentary questions, if the answer is not found satisfactory.
Unstarred Questions :- These are questions whose
answers are given in writing. These questions do not have
star mark and hence called unstarred questions. Their an-
swer is supplied in the written form, which is laid on the
floor of the House on the prescribed day. The supplemen-
tary questions are not allowed in unstarred questions.
Short-notice Questions :- For asking a question in
Parliament, a notice has to be given before not less than
10 days. If there is an urgency that a member cannot wait
for 10 days, he many resort to short notice question.
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39 Indian Polity
Comparison betw Comparison betw Comparison betw Comparison betw Comparison between the P een the P een the P een the P een the Po oo oow ww wwers and P ers and P ers and P ers and P ers and Position of osition of osition of osition of osition of
T TT TThe Rajy he Rajy he Rajy he Rajy he Rajya Sabha and a Sabha and a Sabha and a Sabha and a Sabha and T TT TThe Lok Sabha he Lok Sabha he Lok Sabha he Lok Sabha he Lok Sabha
Rajy Rajy Rajy Rajy Rajya Sabha a Sabha a Sabha a Sabha a Sabha
1. The Council of States or Rajya Sabha is a per-
manent House and it is not subject to dissolu-
tion. After every two years, one-third of its mem-
bers retire and its same numbers of seats are
filled up by new members.
2. The total membership of the Rajya Sabha is 250.
It is a representative House of States but the
States are not represented equally in the Rajya
Sabha. Seats in the Rajya Sabha are allocated to
different States on the basis of population. Out of
the total members of the House, twelve mem-
bers are nominated by the President from
amongst the persons having special knowledge
or practical experience in the fields of literature,
science, art and social service.
3. The members of the Rajya Sabha are elected by
the legislative Assemblies of the respective States
on the basis of proportional representation.
4. The Chairman of the Rajya Sabha is not a mem-
ber of this House. The Vice-President of India is
the ex-officio Chairman of the Rajya Sabha. But
the Deputy-Chairman of the Rajya Sabha is
elected by the members of the Rajya Sabha from
amongst its members.
5. The money Bills cannot be introduced in the
Rajya Sabha.
6. With respect to Money Bills, the Rajya Sabha can
make only recommendations which may or may
not be accepted by the Lok Sabha. The Rajya Sabha
is given 14 days time to consider the Money Bills
and if it fails to do anything within that period,
the Bill is deemed to have been passed in the
manner it was passed by the Lok Sabha.
7. The Council of Ministers is not responsible to
the Rajya Sabha. Therefore, no-confidence mo-
tion cannot be introduced in the Rajya Sabha.
Lok Sabha Lok Sabha Lok Sabha Lok Sabha Lok Sabha
1. The Lok Sabha is not a permanent House. It is
dissolved after the expiry of its term of five years.
But it can be dissolved before the period of five
years by the President on the advice of the Coun-
cil of Ministers. New Lok Sabha is elected and
constituted within a period of 6 months from the
date of its dissolution.
2. The maximum strength of the lok Sabha can
be 552 members. Out of this, 530 members
are elected from the States and 20 members
are elected from the Union Territories. The
remaining two members are nominated by
the President from among the Anglo-Indian
community.
3. The members of the Lok Sabha are elected by
the people directly on the basis of secret vote
and universal franchise. For the purpose of elec-
tion, the population is divided into various con-
stituencies.
4. The Speaker and the Deputy Speaker of the Lok
Sabha are the members of the House and are
elected by the members of the Lok Sabha them-
selves.
5. The Money Bills can be introduced only in the
Lok Sabha.
6. The Lok Sabha is not bound to accept the rec-
ommendations of the Rajya Sabha with respect
to Money Bills. The Lok Sabha has the real and
final authority in respect of Money Bills.
7. The Council of Ministers is, infact, responsible
to the Lok Sabha. It can remove a government
from office by passing a resolution of no-confi-
dence.
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40 Indian Polity
Allocation of Seats in the Council of States
(Four th Schedule)
To each State or Union Territory specified in the first column of the
following table, there shall be allotted the number of seats specified in
the second column thereof opposite to that state or that Union Terri-
tory, as the case may be.
1. Andhra Pradesh 18 16. West Bengal 16
2. Assam 7 17. Jammu & Kashmir 4
3. Bihar 16 18. Nagaland 1
4. Goa 1 19. Himachal Pradesh 3
5. Gujarat 11 20. Manipur 1
6. Haryana 5 21. Tripura 1
7. Kerala 9 22. Meghalaya 1
8. Madhya Pradesh 13 23. Sikkim 1
9. Tamil Nadu 18 24. Mizoram 1
10. Maharashtra 19 25 Arunachal Pradesh 1
11. Karnataka 12 26. Delhi 3
12. Orissa 10 27. Pondicherry 1
13. Punjab 7 28. Chhattisgarh 3
14. Rajasthan 10 29. Jharkhand 6
15. Uttar Pradesh 31 30. Uttaranchal 3
The Number of Women
Elected in Different
Lok Sabhas
Lok Sabha Number of elected
women MPs
1st 22
2nd 27
3rd 34
4th 31
5th 22
6th 19
7th 28
8th 44
9th 27
10th 39
11th 39
12th 43
13th 49
14th 44
Rajy Rajy Rajy Rajy Rajya Sabha a Sabha a Sabha a Sabha a Sabha
8. But the Rajya Sabha exercises certain powers
which are not available to the Lok Sabha. It can
declares subject included in the State List as a
subject of national importance by passing a reso-
lution supported by not less than two-third mem-
bers present and voting. If a subject of State List
is declared of national importance, Parliament
gets power to legislate upon such a subject.
9. The Rajya Sabha has the power to create new
All India Services by passing a resolution sup-
ported by not less than two-third members present
and voting.
10. If and when the Lok Sabha is dissolved and the
declaration of Emergency is in force, the Rajya
Sabha approves such declaration of Emergency.
11. The proposal to remove the Vice-President is
initiated only in the Rajya Sabha not in the
Lok Sabha.
Lok Sabha Lok Sabha Lok Sabha Lok Sabha Lok Sabha
8. The Lok Sabha does not have any such power to
declare a subject of the State List of national im-
portance.
9. The Lok Sabha does not enjoy any such power to
create new All India Services.
10. The Lok Sabha does not get this opportunity as
the Rajya Sabha is not subject do dissolution.
11. Lok Sabha either approves or rejects such pro-
posal to remove the Vice-President but it cannot
initiate such proposal.
THE GOVERNOR
The Governor is appointed by the President.
His term of office is 5 years but he can be re-
moved earlier if the President so desires.
Qualifications :- Only an Indian citizen above 30
years of age is eligible for appointment as Governor of
a State
Powers and Functions :- The Governor acts as
the head of the State Executive and is vested with
the following powers:
1. He appoints the Chief Minister of
his State and other Ministers on the
advice of the Chief Minister. He also
appoints the Advocate General and
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41 Indian Polity
Chairman and members of the Public Service
Commission of the State.
2. He has the power to grant pardon, suspend, re-
mit or commute sentences over which the power
of the State extends.
3. No bill can become a law in his State without his
assent 4. The budget of the State is also submit-
ted on his behalf
5. He summons and prorogues the Houses of the State
Legislature. He can
dissolve the Legisla-
tive Assembly.
6. He can issue ordi-
nances, when Par-
liament is not is
session (valid for six
week).
Council of Minis-
ters :- The Council of
Ministers in a state is
f ormed by the Chi ef
Ministers in a state is
f ormed by the Chi ef
Mi ni ster, who i s ap-
pointed by the Gover-
nor and is, normally,
the el ected l eader of
the majority party and
who heads the Council
of Ministers.
THE STATE LEGISLATURE
The Constitution provides for the establishment
of a legislature in every State in the Union. Some
States are bicameral, i.e. they have two Houses of
Legislature. Others are unicameral, with only a sin-
gle House. The Lower House is always known as the
Legislative Assembly (Vidhan Sabha) and the Upper
House, wherever it exits, as the Legislative Council
(Vidhan Parishad). The Constitution provides for the
abolition of the Legislative Council in a State where
it exists as well as for the creation of such a Cham-
ber in a State where there is none at present, by a
simple procedure, namely, a resolution of the Legis-
lative Assembly of the State concerned passed by a
special majority (that is, a majority of the total mem-
bership of the Assembly not being less than two-thirds
of the members actually present and voting), followed
by an Act of Parliament.
Composition :- Legislative Council. The size of
the Legislative Council shall vary with that of the
Legislative Assembly, the membership of the Coun-
cil being not more than one-third of the membership
of the Council being not more than one-third of the
membership of the Legislative Assembly but not less
than 40. Until Parliament legislates on the matter,
the Composition shall be as
given in the Constitution,
which is as follows: It will be
a partly nominated and partly
elected body, the election be-
ing an indirect one and in ac-
cordance with the principle of
proportional representation
by the single transferable
vote.
Broadly speaking, 5/6
of the total number of mem-
bers of the Council shall be in-
directly elected and 1/6 will
be nominated by the Gover-
nor. Thus,
(a) 1/3 of the total number
of members of the Council
shall be elected by electorates
consisting of members of local bodies, such as
municipalities, district boards;
(b) 1/12 shall be elected by electorates consisting of
graduates of three years standing residing in the
State;
(c) 1/12 shall be elected by electorates consisting of
persons engaged for at least three years in teach-
ing in educational institutions within the State,
not lower in standard than secondary schools.
(d) 1/3 shall be elected by members of the Legisla-
tive Assembly from amongst persons who are not
members of the Assembly.
(e) The remainder shall be nominated by the Gover-
nor from persons having knowledge or practical
experience in respect of such matters as litera-
ture, science, art, co-operative movement and
social service (The courts cannot question the
Chief Minister
Qualifications :- Normally it is expected that
the appointed Chief Minister is a member of the
legislature. If not so them he has to get himself
elected or nominated to the legislature within six
months of his appointment as Chief Minister.
Term :- Normally as long as his party enjoys
majority and he enjoys the support of his party,
which can extend upto a maximum of five years.
Powers and Functions :-
1. The Chief Minister appoints other ministers
in his Council of Ministers.
2. He is answerable to the Governor for any act of
commission or commission done by any indi-
vidual minister.
3. He can call upon any minister to resign if he
so wishes.
4. He presides over the Cabinet Meetings.
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42 Indian Polity
Composition of Legislative
Councils in States
State Total
Membership
1. Bihar 75
2. Jammu and Kashmir 36
3. Karnataka 75
4. Uttar Pradesh 100
5. Maharashtra 78
bonafides or propriety of the Governor's nomina-
tion in any case).
Legislative Assembly :- The members of the Leg-
islative Assembly are chosen by direct election. No
State Assembly can have more than 500 members
or less than 60, with the exception of some states
such as Sikkim which has only 30. For purpose of
election the State is divided into as many territorial
constituencies as there are seats in the Assembly.
Normally, the number of voters in
each constituency is around
1,00,000. The Governor has the
power to nominate a member of the
Anglo-Indian community if he is of
opinion that they are not ad-
equately represented in the Assem-
bly. Such reservation will cease on
the expiration or forty years from
the commencement of the Consti-
tution.
Duration of Legislature :- The normal life of
the Assembly is five years. But it may be dissolved
earlier by the Governor. In case of an emergency, its
life may be extended by a law of Parliament for one
year at a time but in any case not beyond six months
after the proclamation of emergency has ceased to
operate. The Legislative Council is a permanent body
and renews one-third of its membership after every
two years.
Qualification for membership :- A person shall
not be qualified to be chosen to fill a seat in the Leg-
islature of a State unless he (a) is a citizen of India:
(b) is, in the case of the seat in the Legislative As-
sembly, not less than twenty-five years of age and,
in the case of a seat in the Legislative Council, not
less than thirty years of age; and (c) possesses such.
Other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
JAMMU & KASHMIR
SPECIAL PROVISIONS (PART XXI)
In Part XXI are given 'Temporary, Transitional
and special provisions'. Article 370 deals with the
State of Jammu & Kashmir which forms a part of the
'territory of India' as defined in Art.1 of the Constitu-
tion, being the fifteenth State included in the First
Schedule of the Constitution, as it stands amended.
Nevertheless, the special constitutional position
which Jammu & Kashmir enjoyed under the origi-
nal Constitution has been maintained, so that all
the provisions of the Constitution has been main-
tained, so that all the provisions of the Constitution
of India relating to the States in the First Schedule
are not applicable to Jammu & Kashmir.
Historical Aspect :-
When the British left India,
the State was ruled by a he-
reditary Maharaja. On the 26th
of October, 1947, when the
State was attacked by Azad
Kashmir Forces with the sup-
port of Pakistan, the Maharaja
(Sir Hari Singh) was obliged to
seek the help of India, after
executing an Instrument of
Accession similar to that executed by the Rulers of
other Indian States. By the Accession the Domina-
tion of India acquired jurisdiction over the State with
respect to the subjects of Defence, External Affairs
and Communications. But though the State was in-
cluded as a Part B State all the provisions of the Con-
stitution applicable to Part B States were not extended
to Jammu & Kashmir. This peculiar position was due
to the fact that having regard to the circumstances
in which the State acceded to India, the Government
of India had declared that it was the people of the
State of Jammu & Kashmir, acting through their con-
stituent Assembly, who were to finally determine the
Constitution of the State and the jurisdiction of the
Union of India. The applicability of the provisions of
the Constitution regarding this State was, accord-
ingly, to be in the nature of an interim arrangement.
Special features :- The salient features of the
constitutional position of J & K in relation to the
Union as modified from time to time as given below.
Jurisdiction of Parliament :- Parliamentary ju-
risdiction is confined to the matters enumerated in
the Union List, and the Concurrent List, subject to
certain modifications, while it shall have no jurisdic-
tion as regards most of the matters enumerated in
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43 Indian Polity
the Concurrent List. In the case of J & K, the residu-
ary power shall belong to the Legislature of that State,
excepting certain matters, specified in 1969, for which
Parliament shall have exclusive power e.g., preven-
tion of activities relating to cession of secession, or
disrupting the sovereignty or integrity of India. The
power to legislate with respect to preventive deten-
tion in J & K belongs to the Legislature of the State
instead of Parliament, so that no law of preventive de-
tention made by Parliament will extend to that State.
By the Constitution (Application to J & K) Order, 1986,
however, Art. 249 has been extended to the State of J
& K, so that it would now be competent to extend the
jurisdiction of Parliament to that State in the national
interest (e.g., for the protection of the borders of the
State from aggression from Pakistan or China), by
passing a resolution in the Council of States.
Autonomy of the State in certain matters :- The
plenary power of the Indian Parliament is also curbed
in certain other matters, with respect to J & K, e.g.,
(i) alteration of the name or territories of the State
(Art. 3); (ii) international treaty or agreement affect-
ing the disposition of any part of the territory of the
State (Art. 253). In these matters, the consent of the
State Legislature is required. Similar fetters have
been imposed upon the executive power of the Un-
ion. Thus no decision affecting the disposition of the
State can be made by the Government of India, with-
out the consent of the Government of the State. The
Union shall have no power to suspend the Constitu-
tion of the State on the ground of failure to comply
with the directions given by the Union under Art.
365. In the event of a breakdown of the constitutional
machinery as provided by the State Constitution, it
is the Governor who shall have the power, with the
concurrence of the President, to assume to himself
all or any of the functions of the Government of the
State, except those of the High Court. The Union shall
have no power to make a Proclamation of Financial
Emergency with respect to the State of J &K under
Art. 360. Furthermore, Emergency (Art. 352) can be
applicable to J & K only in the event of war or exter-
nal aggression. The concurrence of the State Legis-
lature is required for emergency on 'armed revolt'.
Fundamental Rights and the Directive Prin-
ciples :- The provisions of Part IV of the Constitu-
tion of India relating to the Directive Principles of
State Policy do not apply to the State of Jammu &
Kashmir. The provisions of Part 19 are subject to
special restrictions Articles 19 (1) (f) and 31 (2)
have not been omitted, so that the fundamental
right to property is still guaranteed in this State.
Separate Constitution for the State :- The State
of J & K has its own Constitution (made by a sepa-
rate Constituent Assembly and promulgated in 1957).
Procedure for Amendment of State Constitu-
tion :- While an act of Parliament is required for
the amendment of any of the provisions of the Con-
stitution of India, the provisions of the State Con-
stitution of J & K (excepting those relating to the
relationship of the State with the Union of India)
may be amended by an Act of the Legislative As-
sembly of the State, passed by majority of not less
than two-thirds of its membership; but if such
amendment seeks to affect the Governor or the Elec-
tion Commission, it shall have no effect unless the
law is reserved for the consideration of the Presi-
dent and receives his assent. Furthermore, no
amendment of the Constitution of India shall ex-
tend to J & K unless it is so extended by an Order of
the President under Art. 370 (1).
Alteration of the Area/Boundary :- No altera-
tion of the area or boundaries of J & K can be made
by Parliament without the consent of the Legislature
of the State of Jammu & Kashmir.
Qualifications to become a Member of Legisla-
ture :- A person can become a member of Legisla-
ture if
(i) He is not less than 25 years of age
(ii) He is an Indian Citizen
(iii)He is not declared mentally unsound or insolvent
or disqualified in any other way
RED TAPISM
Traditionally the paper files used in official work of
government were tied a red tape. Thus, red tapism refers to
undue delay in the movement of files or official business due
to bureaucratic hurdles at various levels.
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44 Indian Polity
Comparison betw Comparison betw Comparison betw Comparison betw Comparison between the P een the P een the P een the P een the Po oo oow ww wwers and P ers and P ers and P ers and P ers and Position of osition of osition of osition of osition of
The Supreme Court and The High Courts The Supreme Court and The High Courts The Supreme Court and The High Courts The Supreme Court and The High Courts The Supreme Court and The High Courts
Supreme Court Supreme Court Supreme Court Supreme Court Supreme Court
1. The Supreme Court is a federal court. Its only
seat is located at Delhi, Its bench can be estab-
lished at other places also but so far it has not
been established.
2. The judges of the Supreme Court are appointed
by the President.
3. A person shall have the following qualification
to become eligible for appointment as a judge of
Supreme Court
(i) He has been a judge of a High Court for not less
than five years in succession ; Or
(ii) He has been an advocate of a High Court for not
less than 10 years in succession; Or
(iii)He is distinguished jurist in the opinion of the
President.
4. The judges of the Supreme Court retire from their
office after attaining the age of 65 years.
5. The President can remove the Chief Justice and
other judges on the basis of impeachment mo-
tion passed in the Parliament.
6. The salary of the Chief Justice is Rs. 33,000 and
that of other judges is Rs. 30,000 per month.
7. The judges of the Supreme Court after their re-
tirement and during their term of office, are not
eligible to plead before any court/authority within
the territory of India.
8. The judges of the Supreme Court cannot be trans-
ferred nor can they be demoted in office.
9. The Supreme Court is not bound to abide by the
decisions of High Courts.
10. The Salary and allowances of the judges of Supreme
Court are charged upon the Consolidated Fund of
India
11. The cases involving the interpretation of the Con-
stitution are decided only by the Supreme Court.
High Court High Court High Court High Court High Court
1. There is provision for a High Court in each State
and each Union Territory but two or more States
or two or more Union Territories or States and
Union Territories, together, may establish a
common High Court.
2. The judges of High Courts are also appointed by
the President.
3. A person shall not be eligible to become a judge
of a High Court unless such a person.
(i) has been a judicial officer for not less than 10
years within the territory of India; Or
(ii) has been an advocate for not less than 10 years
in a High Court in India.
4. The judges of High Courts retire from their of-
fice after attaining the age of 62 years.
5. The judges and the Chief Justices of High Courts
are removed from the office by the President in
the same manner as adopted in the case of the
Supreme Court.
6. The salary of the Chief Justice is Rs. 30,000
and that of other judges is Rs. 26,000 per month.
7. The judges of High Courts cannot plead before
any court during the term of their office. After
retirement they cannot plead before any court
below the High Court. That means they can
plead only before other High Courts and the
Supreme Court.
8. The judges of High Courts can be transferred
from the one High Court to the other High
Court and may be promoted as the judges of
the Supreme Court.
9. The High Courts are bound to abide by the deci-
sions of the Supreme Court.
10. The salary and other allowances of the judges
of High Courts are charged upon the Consoli-
dated Fund of the States.
11. The cases involving the interpretation of the
Constitution are not decided by the High Court.
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POWERS AND JURISDICTION OF SU-
PREME COURT
1. Original Jurisdiction :- The original jurisdiction
of the Supreme Court extends to all those cases,
which can originate only in the Supreme Court.
These include disputes.
(a) between the Government of India and one or
more States, or between two or more states;
(b) between the Government of India and any
State or States on the one side and one or
more other States on the other;
2. Appellate Jurisdiction :- The appellate jurisdic-
tion of the Supreme Court extends to those cases
which are brought before it in the shape of ap-
peal the judgment of lower courts viz., The High
Courts of States.
3. Advisory Jurisdiction :- The Supreme Court may,
is sought by the President, extend legal advice to
him, which will not be binding upon the President.
Judicial Review :- The Supreme Court in India
has been vested with the power of judicial review.
Judicial review can be defined as the competence of
a court of law to declare the constitutionality or oth-
erwise of a legislative enactment. Being the guard-
ian of the Fundamental Rights and arbiter of the con-
stitutional conflicts between the Union and the States
with respect to the division of power between them,
the Supreme Court enjoys the competence to exer-
cise the power of reviewing legislative enactments
both of Parliament and the State's legislatures. The
power of the Court to declare legislative enactment
invalid is expressly provided by the Constitution un-
der Article 13, which declares that every law in force,
or every future law inconsistent with or in deroga-
tion of the Fundamental Rights, shall be void. Other
Articles of the Constitution (131-136) have also ex-
pressly vested in the Supreme Court the power of
reviewing legislative enactments of the Union and
the States. It has to be recognized at the same time
that the Supremacy of the Supreme Court is limited
to the field where the legislative power of Parliament
is circumscribed by limitations put upon it by the
Constitution itself.
THE FEDERAL SYSTEM
Nature of the Indian Federal System :- The Con-
stitution says: " India shall be a Union of States:
(Art.1). The term 'Union' was used to indicate (a) that
the Indian federation is not the result of an agree-
ment by the units, and (b) that the component units
have no freedom to secede from it. However, the term
'union' does not in itself indicate any particular type
of federation. Actually, there is no agreed definition
of a federal State. India's constitutional system is
basically federal, but with striking unitary features.
The Indian Constitution satisfies the following char-
acteristics of a basically federal constitution:
(1) Unlike a unitary state, which has only one gov-
ernment, namely, the national government, In-
dia has two kinds of governments functioning at
two different levels - Union government and the
government of each Component State.
(2) The constitution of the States has been given by
a duly constituted body consisting of the repre-
sentatives of the Indian people, which have made
a clear-cut distribution of powers between the
federal government and the state government.
(3) The supremacy lies with the Constitution from
which both the Union and the State governments
derive their authority. (4) The Supreme Court has
been entrusted with the responsibility of guarding
the distribution of powers between the Centre and
the States, and to invalidate any action which vio-
lates the limitations imposed by the Constitution.
Peculiar Features of Indian Federalism
(i) Unitary Aspect :- The government of a country,
till the Indian Act of 1935 was passed, was a central-
ized government and the process that was adopted
under the Indian Act of 1935 was that of 'creating
autonomous units and combining them into a fed-
eration by one and the same Act'. The process for
the establishment of a federation in India has to be
described as one of movement from the union to the
units, rather than from the units to the union. A par-
tition of the country, with the seceding part nurtur-
ing a grouse against it, and the uncertainties of the
international situation - the emergence of two Su-
per Powers struggling for supremacy over each other-
made it necessary for the Indian Constitution to
make provisions for the centralization of power. Thus
we have the following features.
(1) The residuary powers under the Indian Consti-
tution are assigned to the Union and not to the
States.
(2) The Indian Constitution lays down in consider-
able detail the Constitution for the States also.
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46 Indian Polity
(3) Except in a few specified matters affecting the
federal structure, the States need not even be
consulted in the matter of amendment of the
Constitution.
(4) The Indian Constitution provides the Union with
powers to exercise control over the legislation as
well as the administration of the States. There is,
of course, a federal element in this provision in
as much as such expansion of the power of the
Union into the State sphere is possible only with
the consent of the Council of States. The Union
Government can issue directions upon the State
Governments to ensure due compliance with the
legislative and administrative action of the Un-
ion. The President can withdraw to the Union the
executive and legislative powers of a State under
the Constitution if he is, at any time, satisfied
that the administration of the State cannot be car-
ried on in the normal manner in accordance with
the provisions of the Constitution, owing to politi-
cal or other reasons. Legislation by a State can be
reserved by the Governor for his consideration and
disallowed by the President, if he so decides.
(5) In the case of the Indian Constitution, while the
Union is indestructible the States are not. It is
possible for the Union Parliament to reorganize
the States or to alter their boundaries by a sim-
ple majority in the ordinary process of legislation.
(6) There is only one citizenship namely, the citi-
zenship of India.
(7) The Constitution itself provides for the creation
of certain all India services, which are common
between the Union and the States. (8) India has
a unified judiciary, which Administers both the
Union and State laws as might be applicable to
the cases coming up for adjudication. Also in
matters of election, as well as in accounts and
audit, there is a similar integrated machinery.
Relations between the Union and the States :-
Centre-State relations constitute the core of feder-
alism and they are regulated by the provisions of the
Constitution. Parts XI and XII deal with the various
aspects of Centre-State relations. The division of pow-
ers between the Union and the States, as given in
the Indian Constitution has a strong bias in favour
of the Centre, and various kinds of restrictions im-
posed upon the States render even the limited sphere
of powers awarded to them under the Constitution
as practically null and void.
Legislative Relations :- From the point of view of
the territory over which the legislation can have ef-
fect, the jurisdiction of a State Legislature is limited
to the territory of that State. But in the case of Par-
liament, it has power to legislate for the whole or
any part of the territory of India --- i.e. States, Union
Territories or any other areas included for the time
being in the territory of India. Parliament has the
power of 'extra-territorial legislation' which means
that laws made by the Union Parliament will govern
not only persons and property within the territory of
THE HIGH COURTS: SEATS AND JURISDICTION
S. Name Year of Territorial Jurisdiction Seat
Establishment
1. Bombay 1862 Maharashtra, Dadar & Nagar Haveli, Bombay (Benches at Nagpur,
Goa, Daman & Diu Panji, Aurangabad)
2. Kolkata 1862 West Bengal, Andman & Kolkata ( Benches at Port Blair)
Nicobar Islands
3. Gauhati 1948 Assam, Manipur, Meghalaya Gauhati (Bench at Kohima
Nagaland, Tripura, Mizoram Imphal, Agartala & Shilong
and Arunachal Pradesh.
4. Kerala 1958 Kerala & Lakshadweep Ernakulam
5. Chennai 1862 Tamilnadu & Pandicherry Chennai
6. Punjab & 1975 Punjab, Haryana & Chandigarh
Haryana Chandigarh
7. Jharkhand 2000 Jharkhand Ranchi
8. Chhattisgarh 2000 Chhattisgarh Raipur
9. Uttaranchal 2000 Uttaranchal Nainital
Total no. of High Courts in India are 21
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47 Indian Polity
India but also Indian subjects resident and their prop-
erty situated anywhere in the world. Only some pro-
visions for scheduled areas, to some extend, limit
the territorial jurisdiction of Parliament.
As regards the subjects for legislation, there is
three-fold division of power in the Indian Constitu-
tion. The three lists of subjects are known as Union
List, State List and Concurrent List. The Parliament
is solely empowered to enact laws on subjects in-
cluded in the Union List. The State Legislature can
make laws on subjects in the State List. Both the
Parliament and the State Legislature can make laws
on subjects included in the Concurrent List. But in
case of a conflict between the Central and State laws,
Central law prevails. Residuary powers lie with Par-
liament, which has, exclusive power to legislate on
any matter not enumerated in any of the lists.
Under certain circumstances the Central Gov-
ernment can legislate on subjects mentioned in the
State List viz.,
(a) if there is a proclamation of National Emergency;
(b) If the Rajya Sabha passes a resolution by two-
third majority to the effect that the particular sub-
ject is of national importance;
(c) when a State is under President's rule;
(d) when two or more States make a joint request to
Parliament to legislate on a State subject; or
(e) in order to implement any international treaty
or agreement.
Important Subject in the Three Lists :-
(1) The Union list consists of 97 subjects. The im-
portant among these are Defence, Atomic Energy,
Foreign Affairs, Diplomatic, Consular and Trade
Representations, War and Peace, Citizenship,
Railways, Shipping and Navigation, Airways, Air-
craft and Air Navigation, Posts and Telegraphs,
Currency and Coinage, Inter-State Trade and
Commerce, Banking, Insurance, Census, Audit
and Accounts of the Union and of the States, and
residuary subjects.
(2) The important subjects in the State List are Law
and Order, Police, Health and Sanitation, Agri-
culture, Fisheries, Trade and Commerce within
the State, Land Revenue and State Public Serv-
ices, Regulation of Mines and Mineral Develop-
ment, Industries, Relief of the Disabled and Un-
employable, Protection, and Improvement of
Stock, Water, Land and Forests.
(3) The important subjects in the Concurrent List
are Criminal Law and Procedure, Preventive De-
tention, Marriage and Divorce, Economic and
Social Planning. Trade Unions, Industrial and
Labour Disputes, Factories, Electricity, Newspa-
pers, Mental Deficiency, Adulteration of Food-
stuffs, Drugs, Vocational Training, Legal, Medi-
cal and other Professions, Price Control, Educa-
tion, Administration of Justice, Family Planning.
In case there is an overlapping of a matter
between the three lists predominance has been
given to the Union Legislature. In case of State
Law relating to some subject included in the Con-
current List is not in conformity with the Union
law, the latter shall prevail, unless the State law
had been reserved for the assent of the Presi-
dent and received such assent, in which case the
State law would prevail in spite of its being in-
consistent with the Union law.
(ii) Administrative Relations :- The Indian Consti-
tution is based on the principle that the executive
power is co-existence with legislative power, which
means that the Union Executive/the State Execu-
tive can deal with all matters on which Parliament/
State Legislature can legislate. The executive power
over subjects in the Concurrent List is also exercised
by the States unless the Union Government decides
to do so. The Centre can issue directives to the States
to ensure compliance with the laws of Parliament
for construction and maintenance of the means of
communications declared to be of national or mili-
tary importance, on the measures to be adopted for
protection of the railways, for the welfare of the Sched-
uled Tribes and for providing facilities for instruc-
tion in mother tongue at primary stage to linguistic
minorities. The Centre acquires control over States
through All India Services, Grants-in-aid and the fact
that the Parliament can alone adjudicate in Inter-
State river disputes. In addition there is a provision
for the appointment of Inter-State Council to advise
the President on Inter-State disputes, though no such
Council has been set up so far.
During a proclamation of emergency, the Union
Government can go to the extent of determining the
manner, in which the executive power of the State
is to be exercised in any matter whatsoever, which,
practically, would amount to bringing the State Gov-
ernment under the complete control of the Union
Government without suspending it. Upon a procla-
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Finance Commissions
Finance Years of Name of the Chairman Period of Year of
Commission establishment implementation Submitting
of Report Report
First 1951 K. C. Niyogi 195257 1952
Second 1956 K. Santhanam 195762 1956 & 1957
Third 1960 A. K. Chanda 196266 1961
Fourth 1964 P. V. Rajamannar 196669 1965
Fifth 1968 Mahavir Tyagi 196974 1968 & 1969
Sixth 1972 Brahamanand Reddy 197479 1973
Seventh 1977 J. M. Shelot 197984 1978
Eighth 1983 Y. B. Chavan 198489 1983 & 1984
Ninth 1987 N. K. P. Salve 198995 1988 & 1989
Tenth 1992 K. C. Pant 19952000 1994
Eleventh 1998 A. M. Khusro 20002005 2000
Twelfth 2002 C. Rangarajan 20052010 2004
mation of the failure of the constitutional machin-
ery in a State, the President become entitled to as-
sume to himself any or all of the executive power of
the State. The powers of the Union Government dur-
ing a proclamation of financial emergency (never de-
clared so far) are equally comprehensive.
(iii)Financial Relations :- Both the Union govern-
ment and the States have been provided with inde-
pendent sources of revenue by the Constitution. Par-
liament can levy taxes on the subjects included in
the Union List. The States can levy taxes on the sub-
jects in the State List. Ordinarily, there are no taxes
on the subjects in the Concurrent List. In the finan-
cial sphere too the Centre is better equipped. The
States are greatly dependent on the Centre for fi-
nances. The Centre can exercises control over State
finances through the Comptroller and Auditor- Gen-
eral of India and grants (general and special). But
during financial emergency the President has the
power to suspend the provision regarding division of
taxes between the Centre and the States. He can
also improve various other restraints on the ex-
penses of the States. The Centre is much more pow-
erful than the States and emergency provisions make
it too powerful to be subordinated by the State.
Finance Commission :- One of the instruments
which the Constitution has evolved for the purpose
of distributing financial resources between Centre
and States is the Finance Commission (Articles
270,273,275 and 280). The Finance Commission, ac-
cording to Article 280 of the Constitution is consti-
tuted by the president once every five years and is a
high-power body. The duty of the Commission is to
make recommendations to the President as to:
(a) the distribution between the Union and the States
of the net proceeds of taxes the States themselves
of the respective shares of such proceeds;
(b) the principles which should govern the grants-
in-aid of the revenues of the States out of the
Consolidated Fund of India;
(c) any other matter referred to the Commission by
the President in the interests of sound finances.
The Chairman of the Commission must be a per-
son having 'experience in public affairs'; the
other four members must be from among the fol-
lowing:
A High Court Judge or one qualified to be;
a person having special knowledge of the finances
and accounts of the government;
a person having wide experience in financial
matters and administration;
a person with special knowledge of economics.
Some Details of Distribution :-
(i) Taxes which are exclusively central, and the rev-
enues from which are wholly appropriated for the use
of the Central Government form one group. These
include export duties, corporation tax, taxes on the
capital value of the assets, exclusive of agricultural
land of individuals and companies.
(ii) Income tax constituting a separate category, in
as much as while it is the Centre, which levies, fixes
rates and collects the tax, it has to share to proceeds
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49 Indian Polity
with the States as prescribed by the President on the
basis of the recommendations made by the Finance
Commission.
(iii)Union duties of excise other than duties which
have been given to States, which may be shared if
Parliament has so decided. The Constitution has left
it to the discretion of Parliament to decide by law
whether any of the union duties of excise should be
shared with the States, how these are to be shared,
and how the shares are to be distributed to the States.
(iv) Taxes which are to be levied and collected by the
Centre, but to be distributed entirely (except for those
proceeds which are attributable to the Union territo-
ries) to the States in accordance with such princi-
ples of distribution as may be laid down by Parlia-
ment by law. These taxes consist of succession and
estate duties; terminal taxes on passengers and goods
carried by rail, sea or air; taxes on railway fares and
freights; taxes on the sale or purchase of newspa-
pers; sale or purchase taxes on inter-state trade.
(v) Taxes levied by the Centre but collected by the
States and appropriated by them for their own use.
They are stamp duties and excise duties on medici-
nal and toilet preparations containing alcohol; in con-
nection with these two taxes, the centre only levies
the tax, and fixes the rate of duty to be paid on the
alcohol contained in the medical and toilet prepara-
tions but each State collects the tax and appropri-
ates it for its own purpose.
Grants and Loans :- Besides the devolution of
revenues the Union meets the financial needs of the
State in two other ways :
(i) by making grants-in-aid of State revenues and
other grants, and
(ii)by giving loans.
Autonomous Offices Under the Constitution :-
The prominent offices and commissions created
under the Indian Constitution are :
1. The Comptroller and Auditor General of India,
Art 148
2. The Attorney General of India, Art 76
3. The Finance Commission, Article 280
4. The Election Commission. Art. 324
5. Union Public Service Commission, Art 312
1. The Comptroller and Auditor General of India :-
The office of the Comptroller and Auditor General of
India (Art 148) is one of the important offices created
under the Constitution. He is the head of the Indian
Audit and Accounts Department and acts as the guard-
ian of the public finances. He audits all the expendi-
ture from the revenues of the Union or the States
incurred in India or outside, and examines all the
loss accounts and balance sheets kept under the or-
ders of the President of India or the Governor of the
State. He has to ensure that no money is spent with-
out proper sanction of the Parliament or the State
Legislature. This is the reason why Dr. B R Ambedkar
said that the CAG shall be the most important officer
under the Constitution of India. He is one of the bul-
warks of the democratic system of Govt. in India; the
other being the Supreme Court, the Election Com-
mission and the UPSC.
Appointment :- The Comptroller and Auditor-Gen-
eral of India are appointed by the President.
Term :- His term is fixed for six years.
Independence :- The constitution has made the
following provisions to safe guard and ensure the in-
dependence of CAG.
He is provided with the security of tenure. He can
be removed by the President only in accordance
with the procedure mentioned in the constitu-
tion. Thus, he does not hold the office till the pleas-
ure of the President, though he appoints him.
He is not eligible for further office, either under
the Govt. of India or of any state, after he cease
to hold his office.
The President shall determine his salary and
other service condition.
Neither his salary nor his rights in respect of
leave of absence, pension or age of retirement
shall be altered to his disadvantage after his ap-
pointment.
The condition of service of persons serving in the
Indian Audit and Accounts Deptt. and the admin-
istrative powers of the CAG shall be prescribed
by the President after consultation with the CAG.
The administrative expenses of the office of the
CAG, including all salaries, allowances and pen-
sions of persons serving in that office, shall be
charged upon the consolidated Fund of India. Thus,
they are not subject to the vote of Parliament.
2. The Attorney General of India (Art 76) :- The At-
torney General of India is the Chief legal adviser to
the Government of India, who renders necessary le-
gal assistance to the Government. He is appointed by
the President of India on the advice of the Prime Min-
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50 Indian Polity
ister. The Constitution clearly provides that only such
person can be appointed as the Attorney General of
India who possesses the following qualifications:
(a) He must be a citizen of India;
(b) He must have been a judge of a High Court for at
least 10 years; or
(c) He must have been an advocate of High Court for
at least 10 years.
He is not paid a salary but a retainer that is de-
termined by the President.
Although he is not a member of the either house of
the Parliament, he enjoys the right to attend and
speak in the parliamentary deliberations and meet-
ings of both the houses, without a right to vote.
The retainer of the Attorney General is equal to
the salary of a judge of a Supreme Court.
He is assisted by two solicitors - general and four
assistant solicitor - general.
The Attorney General holds the office during the
pleasure of the President, and receives remu-
neration as the President may determine.
3. Finance Commission :-
It is a body of five experts including a chairper-
son constituted under Article 280 of the Constituted
of India. The primary mandate of the Commission is
to recommend a formula for sharing net proceeds of
tax revenues of the Centre with the states, princi-
ples which should govern the transfer of grants-in-
aid of the revenues of the states out of the Consoli-
dated Fund of India and measures required to aug-
ment the Consolidated Fund of Individual states dur-
ing a five-year period. The 1st Finance Commission
was constituted on November 1951. The Constitu-
tion requires the president to constitute a fresh panel
every fifth year or earlier.
4. Election Commission :- Election Commission is
to supervise and control all matters relating to elec-
tions to the Parliament and State Assemblies and to
the office of the President and Vice-President (Art.
324). The Election Commission may consist of the
Chief Election Commissioner and such other Elec-
tion Commissioners as the President may appoint
from time to time, when any other Election Commis-
sioner is appointed, the Chief Election Commissioner
shall function as the Chairman of the Election Com-
mission. The Chief Election Commissioner cannot
be removed from office except in the same manner
and on the same grounds as a judge of the Supreme
Court (Art. 324). In India elections are conducted by
an independent constitutional agency known as the
Election Commission. Art.324 of the Indian Consti-
tution says
1. The Superintendence, direction and control, the
preparation of the electoral rolls for, and the con-
duct of all elections to the parliament, state legis-
lature and the elections to the office of the Presi-
dent and the Vice President held under the Indian
Constitution shall be vested in the Commission.
2. The election Commission shall consist of the
Chief Election Commissioners, and such number
of other election Commissioner if any, as the
President may from time to time fix and the ap-
pointment of the Chief Election Commissioner
(CEC) and the other Election Commissioners shall
subject to the provisions of any law made in the
behalf by Parliament be made by the President.
Until 1989, the Election Commission was a one-
member commission. In 1989, the President ap-
pointed two Election Commissioners, but after two
and half months the Presidents notification was with-
drawn and the newly appointed Election Commis-
sioner were removed from office.
The then Chief Election Commissioner,
T.N.Sheshan challenged the Govt. decision to appoint
two election Commissioners in Supreme Court. The
Supreme court, however declare that," the question
whether it is necessary to appoint other Election
Commissioner besides the CEC is for the Govt. to
decide and it is not a justiciable matter.
Representation of People's (2nd Amendment Bill)
1996 provides for :-
Reduce campaign period from 24 days to 14.
Disallow candidates to contest from more than 2
constituencies.
Adjourn, not Countermand, election in the event
of death of a candidate.
Those burning national flag cannot contest election.
Security deposits increased for Lok Sabha from
500 to 10000 and for Assembly form 250 to 5000
Rupees.
Independent Candidates has to be supported by
at least 10 elections.
EC must hold polls within 6 months of vacancy of
seat except when life of house is less than one
year of if EC certifies that it would be difficult to
hold by -election within the period.
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Chief Election Commissioners of India
1. Sukumar Sen : March 21 1950 December 19, 1958
2. K. V. K. Sundaram : December 19, 1958 September 30, 1967
3. S. P. Sen Verma : September 30, 1967 September 30, 1972
4. Dr. Nagendra Singh : September 30, 1972 February 6, 1973
5. T. Swaminathan : February 6, 1973 June 18, 1977
6. S. L. Shakdhar : June 18, 1977 June 18, 1982
7. R. K. Trivedi : June 18, 1982 December 31, 1985
8. R. V. S. Perishastri : January 1, 1986 November 15, 1990
9. Smt. V. S. Rama Devi : (Acting) Nov. 15, 1990 December 12, 1990
10. T. N. Sheshan : December 12, 1990 December 11, 1997
11. M. S. Gill : December 12, 1997 June 13, 2001
12. J. M. Lyngdoh : June 14, 2001 February 7, 2004
13. T. S. Krishna Murti : Febuary 8, 2004 April 24, 2005
14. B.B. Tandon : April 25, 2005 till date
The Union Cabinet decided to carrying out the
delimitation exercise on the basis of the 2001
census and Delimitation Act 2002 to be amended
to raise the ceiling on election expenditure for
the Lok Sabha to Rs. 25 lakhs against the present
Rs. 15 lakhs per constituency. In the case of as-
sembly constituencies, the limit is Rs. 10 lakhs
per constituency with adjustments in the case of
smaller States.
Recognition as a State Party :- To get recogni-
tion as a State Level Party, a political party must get
atleast 6% of total valid votes polled in the Lok Sabha
or the Vidhan Sabha election and also must win two
seats in Vidhan Sabha OR It must get atleast 3% of
total seats of atleast three seats (Whichever is more)
in the Vidhan Sabha.
Political parties are allotted symbols after having
been recognised as National or State parties.
At present, there are five political parties recog-
nised as National parties. These parties are :
1. Congress (I)
2. Communist Party of India
3. Communist Party of India (Marxist
4. Bhartiya Janata Party
5. Bahujan Samaj Party.
Also there are 50 parties recognised as State par-
ties at present. The number of recognised parties
keeps on changing on the basis of their performance
in the elections.
5. Union Public Service Commission :- Art 312 The
chairman and other members of the Union Public
Service Commission are appointed by the President
and they hold office for a term of 6 years from the date
of appointment of until they attain the age of 65 years,
whichever is earlier. They are independent of the ex-
ecutive and the legislature in the same way as the
judge of the Supreme Court. The main function of the
commission is to conduct examination and hold in-
terviews for making appointments to the various serv-
ices of the Union. Chairman - Sayyid Raza Hashim
Provisions regarding the Public Service Commis-
sion are contained from Article 315 to Art 323
Functions :- The UPSC performs the following
functions:
It conducts examinations for the All India Serv-
ices, Central Services and Public services of the
centrally administrated territories.
It assists the state (if re-
quested by two or more states to
do) in framing and operating
schemes of joint recruitment for
any services for which candidates
possessing special qualifications
are required.
It serves all or any of the
needs of a state on the request
of the State Governor and with
the approval of the President of
India.
It advices the President of
India on all disciplinary matters
affecting a person serving under
the Govt. Of India. This include -
Censure, Withholding of incre-
ments or promotions, Recovery of pecuniary loss,
Reduction to lower Service or rank, Compulsory
Retirement, Removal from Service, Dismissal
from Service.
Independence :- The constitution has made the
following provisions to safe guard and ensure the in-
dependent and impartial functioning of the UPSC.
The chairman or a member of the UPSC can be
removed from office by the President only in the
manner and on the grounds mentioned in the
constitution. Therefore they enjoy the security
of tenure.
The conditions of the Service of the chairman
or a member, though determined by the Presi-
dent, cannot be varied to his disadvantage af-
ter his appointment.
The entire expenses including the salaries, al-
lowances and pensions of the Chairman and
members of the UPSC are charged on the con-
solidated Fund of India. Thus, they are not sub-
ject to vote of Parliament
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52 Indian Polity
Public Service Commission (315323) :- Chair-
man and members are appointed by the Governor.
Term -6 years or till they attain the age of 62 years.
Can resign by addressing a letter to the President.
Only President can make a reference to the Supreme
Court and make an order for their removal. Gover-
nor has only the power to pass an interim order of
suspension. Thus members of State Public Service
Commission are appointed by governor but removed
by President.
A NOTE ON PANCHAYATI RAJ
In pursuance of the directives of the Constitu-
tion several state governments took steps to organ-
ise village panchayats. Great importance was at-
tached to the Panchayat System after the adoption of
the Five Year Plan and the launching of the Commu-
nity Development Programme in 1952. The Second
Five Year Plan sought to secure the co-operation of
the local people in the implementation of the plants.
In January 1957, the Government of India set up a
team to study Community Projects and National Ex-
tension Service under the Chairmanship of Balwant
Rai Mehta. The Committee submitted its report in
1957, in which it favored popular association in the
rural work. It suggested that corresponding to the
three main administrative levels in the country side-
village the block and the district, there bodies should
be constituted at these levels viz. Gram Panchayat,
the Panchayat Samiti and the Zila Parishad. It favored
grant of definite powers to plan and implement de-
velopment programmes and adequate financial re-
sources of its own. The Committee did not favour in-
troduction of uniform system throughout the coun-
try and were to be free to evolve their own pattern in
the light of those fundamentals.
The other notable recommendations of the com-
mittee include (i) genuine transfer of power and re-
sponsibility to these institutions and all social and
economic development programmes should be
channelised through them; (ii) adequate resources
should be provided to these bodies so that they may
discharge their responsibilities effectively; (iii) fur-
ther devaluation and dispersal of power and respon-
sibilities should be made in future. The recommen-
dations of the
Balwant Rai Mehta Committee :- Balwant Rai
Mehta Committee were accepted by the Union Gov-
ernment as well as majority of the State govern-
ments. These recommendations were approved by the
National Development Council in January 1958,
which paved the way for the launching of the
Panchayati raj institutions.
Rajasthan was the first to adopt three-tier sys-
tem of Panchayati Raj on 2nd October 1959, followed
by Andhra, Bihar, Gujarat, Himachal Pradesh,
Maharashtra, Punjab, Tamil Nadu, U.P and West Ben-
gal. Gradually, the other states also introduced the
system even though, if considerably differed in de-
tails in different states.
Ashok Mehta Committee :- In Dec 1977, the Janta
Govt appointed a Committee on Panchayati Raj insti-
tutions under the chairmanship of Ashok Mehta. It
submitted its report in Aug 1978 and made 132 rec-
ommendations to revive and strengthen the declin-
ing Panchayati Raj System in the country. Its main
recommendations are:
The three tier system of the Panchayati Raj should
be replaced by two tier system, that is, the Zila
Parishad at the District level, and below it, the
Mandal Panchayat consisting of a group of Vil-
lages comprising a population of 15,000 to 20,000
A district should be the first point for the decen-
tralization under the popular supervision below
the state level.
The Zila Parishad should be the executive body
and be made responsible for planning at the dis-
trict level.
There should be an official participation of the po-
litical parties at all the levels of Panchayat elections.
The Panchayati Raj institutions should have com-
pulsory powers for taxation to mobilize their own
financial sources.
There should be regular social audit by a district
level agency and by a committee of legislators to
check whether the funds allotted for the vulner-
able social and economic groups are actually
spent on them.
The state govt. should not supersede the
Panchayati Raj Institutions. In case of impera-
tive super session, election should be held within
the six months from the time of super session.
The Nyaya Panchayats should be kept as sepa-
rate bodies from that of development Panchayats.
They should be presided over by a qualified judge.
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53 Indian Polity
G V K Rao Committee :- The committee on Ad-
ministrative arrangement for the rural development
and the 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 proc-
ess was being gradually bureaucratized and divorced
from the Panchayati Raj. The committee made the
following recommendation:
The district level body, that is, the Zila Parishad
should be of pivotal importance in the scheme
for democratic decentralization.
Some of the planning functions at state level
should be transferred to the district level planning
units for effective decentralized district planning.
A post of the District development Commissioner
should be created. He should act, as chief execu-
tive officer of the Zila Parishad should be the
incharge of all the developmental departments as
the district level.
In this respect the G V K Rao Committee report
(1986) differed from the Dantwala Committee
Report on the Block level planning (1978) and the
Hanumantha Rao Committee Report on the Dis-
trict Planning (1984)
L M Singhvi Committee :- In 1986, Rajiv Gandhi
Government appointed a committee on the 'revitali-
zation of the Panchayati Raj institutions for democ-
racy and development' under the Chairmanship of L
M Singhvi. Its major recommendations are:
The Panchayati raj institutions should be Consti-
tutionally recognized, protected and preserved. For
this purpose, a new chapter should be added in
the Constitution of India. It also suggested some
constitutional provisions to ensure regular, free
and fair elections to the Panchyati raj bodies.
Nyaya Panchayats should be established for clus-
ters of Villages.
The village should be organized to make the gram
Panchayats more viable. It also emphasized the
importance of the Gram Sabha and called it as
the embodiment of direct democracy.
Narasimha Rao Government :- The Congress Gov-
ernment under the prime ministership of P.V.
Narasimha Rao once again considered the matter of
the constitutionalisation of panchayati raj bodies. It
drastically modified the proposals in this regard to
delete the controversial aspects and introduced a con-
stitutional amendment bill in the Lok Sabha in Sep-
tember, 1991. This bill finally emerged as the 73
rd
Constitutional Amendment Act, 1992 and came into
force on 24, April 1993.
Rajasthan was the first state to establish
Panchayati Raj. The scheme was inaugurated by the
Prime Minister on 2 October, 1959, in Nagaur district.
Rajasthan was followed by Andhra Pradesh, which also
adopted the system in 1959. Thereafter, most of the
states adopted the system.
Golaknath Case :- On Feb. 27, 1967, the Supreme
Court in I.C. Golaknath and other v. state, delivered
a historic 6 to 5 majority judgment holding: ' Parlia-
ment will have no power form the date of this deci-
sion to amend the provisions of Part III of the Consti-
tution so as to take away or abridge fundamental
rights enshrined therein '.
Supreme Court's Judgment in
Kesavanand Bharati Case
Background :- In 1972, a batch of six writ peti-
tions were filed in the Supreme Court of India by
Swami Kesavanand Bharati, head of a religious
match in Kerala, two former Indian princes, and two
coal-mining companies and others.
Main Issues :- In the writ petitions filed in the
Supreme Court of India by Kesavanand Bharati and
others, the main issues at stake were: (a) The right
of parliament to amend the Constitution, (b) If Parlia-
ment has that right, whether the exercise by it of that
right is subject to any inherent or implied restrictions,
(c) whether the Parliament can delegate the power to
amend the Constitution to any State Legislature, (d)
Salary and Perks
President : Rs. 50,000/-
Vice President : Rs. 40,000/-
Governor : Rs. 36,000/-
Chief Justice (S.C.) : Rs. 33,000/-
Judges (S.C.) : Rs. 30,000/-
Chief Justice (H.C) : Rs. 30,000/-
Judges (H.C.) : Rs. 26,000/-
Lok Sabha Speaker : Rs 40,000/-
Prime Minister & Ministers : Rs. 12000/-
Minister of State : Rs. 12000/-
Deputy Minister : Rs. 12000/-
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54 Indian Polity
Where precisely do legal and political sovereignty re-
side? Majority Verdict: On behalf of the 13-member
Bench which, heard the writ petitions, nine judges
signed a document setting forth what was described
as the majority view which, was summed up as fol-
lows: (1) Golaknath's case is overruled. (2) Article 368
does not enable Parliament to alter the basic struc-
ture or framework of the constitution.
Relations Between the Union and Relations Between the Union and Relations Between the Union and Relations Between the Union and Relations Between the Union and
the States (P the States (P the States (P the States (P the States (Par ar ar ar ar t XI and XII t XI and XII t XI and XII t XI and XII t XI and XII
Introduction :- Centre-State relations constitute
the core of federalism, and they are regulated by the
provisions of the Constitution.
(i) Legislative Relations :- There is a three-fold
division of powers in the Indian Constitution.
There are three lists of subjects known as Union
List, State List and Concurrent List. But in case
of a conflict between the central and state laws,
central law prevails. Residuary powers lie with
Parliament i.e. has exclusive power to legislate
on any matter not enumerated in any of the lists.
Under certain circumstances the Central Govt.
can legislate on subjects mentioned in the State
List viz.
(a) if there is a proclamation of national emergency;
(b) if the Rajya Sabha passes a resolution by two-third
majority to the effect that the particular subject
is of national importance;
(c) when a state is under President's rule;
(d) when two or more states make a joint request to
Parliament to legislate on a state subject; or
(e) in order to implement any international treaty
or agreement. Important Subjects in the Trade
Lists: (i) Union List: The Union list consists of 97
subjects. The important among these are De-
fence, Atomic Energy, Foreign Affairs, Diplomatic,
Consular and Trade Representations, War and
Peace, Citizenship, Railways, Shipping and Navi-
gation, Airways, Aircraft and Air Navigation, Posts
and Telegraphs, Currency and Coinage, Inter-
State Trade and Commerce, Banking, Insurance,
Census, Audit and Accounts of the Union and of
the States, and residuary subjects.
(ii) State List :- The important ones are Law and
Order, Police, Health and Sanitation, Agriculture,
Fisheries, Trade and Commerce within the State
Land Revenue and State Public Services, Regu-
lation of Mines and Mineral Development, Indus-
tries, Relief of the Disabled and Unemployable,
Protection and Improvement of stock. Water, Land
and Forests etc.
(iii) Concurrent List :- The important among them
are Criminal Law and Procedure, Preventive De-
tention, Marriage and Divorce, Economic Social
Planning, Trade Unions, Industrial and Labour
Disputes, Factories, Electricity, Newspapers,
Mental Deficiency, Adulteration of foodstuffs,
Drugs, Vocational Training, Legal, Medical and
other Professions, Price Control, Education, Ad-
ministration of Justice, Family Planning etc.
'MOTIONS' IN PARLIAMENT
Adjournment Motions :- At the end of the ques-
tion hour in Parliament any number they're of many
tables a motion seeking adjournment of the House
'for the purpose of discussing a definite matter of
urgent public importance'. Such a move is called an
Adjournment Motion.
Call-attention Motion :- A Member of Parliament
may, with prior permission of the Speaker, call
the attention of a minister to any matter of 'Ur-
gent public importance' and the minister may
make a brief statement or ask for time to make
a statement at later hour or date. A motion of
this nature is known as a call-attention motion.
Censure Motion :- It means a motion of no confi-
dence in a government.
Cut Motion :- It is a device, which members can
employ to reduce the amount of a Demand. It may
be done either by refusing the Demand, which is
called a disapproval of policy cut. In such cases,
the cut motion is that 'the amount of the Demand
be reduced to Re1'. The other type of cut motion
is termed as 'Economy cut' and according to it
the Demand be reduced by a specific sum.
No-Confidence Motion or No-Trust Motion :- is a
motion, if allowed is debated upon. At the conclu-
sion of such a debate a vote of confidence is
sought by the Government and if it fails to get
the required majority of vote it has to submit its
resignation forthwith.
Privilege Motion :- is a motion moved by a mem-
ber if he feels that Minister has committed a
breach of the House or of any one or more of its
members by withholding the facts of a case or by
giving a distorted version of facts etc.
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55 Indian Polity
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INC,
145 BJP,
138
CPI(M),
43
SP,
36
RJD,
24
BSP,
19
DMK,
16
SS,
12
BJD,
11
CPI,
10
NCP,
9
SAD,
8
14th Lok Sabha, Party Position Soon After the Election
Indian National Congress (INC)
Bharatiya Janata Party (BJP)
Communist Party of India (Marx-
ist) [CPI(M)]
Samajwadi Party (SP)
Rashtriya Janata Dal (RJD)
Bahujan Samaj Party (BSP)
Dravida Munnetra Kazhagam
(DMK)
Shiv Sena (SS)
Biju Janata Dal (BJD)
Communist Party of India
(CPI)
Nationalist Congress Party
(NCP)
Shiromani Akali Dal (SAD)
Adjournment :- When a sitting of an assembly is
discontinued to be resumed after some time, it
is a temporary adjournment. When time of re-
sumed sitting is not specified, it is called adjourn-
ment sine die. A sitting can be adjourned by the
Presiding Officer of the Assembly according to the
rules framed by the Assembly in this behalf or on
a resolution being passed by it.
Bicameral States :- are those States which like
Union Government
have to Houses of
Legislature as
against unicameral
States which have
only one House of
Legislature.
By-Election :- elec-
tion to a seat ren-
dered vacant during
the running term of
an elected person.
This might occur on
resignation, death
or any other subse-
quent disqualifica-
tion of the member
originally elected.
Crossing the Floor
:- When a member
of a Parliament or a
legislature leaves
the opposition to
join the party in
power or vice versa, he or she is said to have de-
fected or crossed the floor.
Cross-voting :- Cross-voting is said to have oc-
curred when member of the party in power and
the party in opposition break these barriers and
cast their votes on either side without regard to
party affiliations.
Gallup Poll :- A system. Introduced by Dr. Gallup
of the U.S.A. for testing public opinion on topical sub-
jects by subjects by taking a test poll on questions
framed to elicit opinions.
Gerrymandering :- Connotes a wavy or irregular
redistribution of electoral constituencies so as to give
undue advantage to a particular political party.
Mid-term poll :- is an election held out of sched-
ule as a result of the dissolution of a State Legisla-
ture before it has been in existence for its normal
span of life.
Question Hour :- When Parliament is in session,
the proceedings usually start each day with Ques-
tion Hour. Members can ask for oral or written re-
plies to their questions on every aspect of adminis-
tration and government policy in both national and
international spheres. Each member is allowed a
quota of five ad-
mitted ques-
tions per day.
The final admis-
sibility of a ques-
tion is decided
by the Speaker.
Snap Vote :- A
snap vote is vot-
ing unexpect-
edly recorded
without the vot-
ers having been
briefed in ad-
vanced by party
whips.
L a me - d u c k
Session :- It re-
fers to the last
session of the
existing Lok
Sabha, after a
new Lok Sabha
has been
elected. Those members of the existing Lok Sabha
who could not get re-elected to the new Lok Sabha
are called lame-ducks.
Budget in Parliament :- The Constitution refers
to the budget as the 'annual financial statement'. In
other words, the term 'budget' has nowhere been
used in the Constitution. It is the popular name for
the 'annual financial statement' that has been dealt
with in Article 112 of the Constitution.
IMPORTANT AMENDMENTS TO
THE INDIAN CONSTITUTION
Ist Amendment (1951) :- Nothing shall prevent
the State from imposing reasonable restrictions on
speech in the interest of the security of the State,
14th Lok Sabha
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56 Indian Polity
friendly relations with the foreign States, public or-
der, decency or morality or in relation to the con-
tempt of court or defamation or incitement to vio-
lence. It also empowered the State to make any spe-
cial provisions for the socially and educationally back-
ward classes of citizens, i.e. the Scheduled Castes,
and the Scheduled Tribes. The right to property was
so restricted as not to invalidate any law providing
for the acquisition by the State of any landed estate
on the ground that such law is consist with any of
the fundamental rights. The validity of such acqui-
sition laws as had already been passed was secured
by listing them in a new Schedule (9th Schedule)
added to the Constitution.
18th Amendment (1966) :- It enabled the bifur-
cation of Punjab, i.e. the creation of Punjab and
Haryana. Besides, some areas from the erstwhile
Punjab were merged into Himachal Pradesh.
21st Amendment (1967) :- Sindi was included in
the VIII Schedule as the 15th Indian language
36th Amendment (1975) :- By this Amendment
Sikkim became the 22nd State of the Indian Union
41st Amendment (1976) :- It raised the retiring
age of the State Public Commission members from
60 to 62
42nd Amendment (1976) :- This Amendment
brought about drastic changes in the Indian Consti-
tution. The Amendment Bill was passed at a time
when most of the opposition leaders were behind the
bars. Because of its wide sweep and drastic nature,
the 42nd Amendment Act came to be called a 'mini-
constitution'. Its main provisions.
The 42nd Amendment Act narrowed down the scope
of judicial review of laws. Under the original Con-
stitution, no distinction was made between Cen-
tral laws and State laws as regards judicial review;
Parliament and State legislatures were equally
subject to the limitations imposed by the Consti-
tution on their law-making power. The Supreme
Court was competent to invalidate a law of Parlia-
ment or of the State legislature if it was not in
tune with any provision of the Constitution. Simi-
larly, a High Court has the power to invalidate any
law irrespective of the source of such law. The 42nd
Amendment, for the first time, made a distinc-
tion between Central laws and State laws as re-
gards the competence of the Supreme Court and
of the High Court to invalidate them on the ground
of unconstitutionality. It provided that (a) the Su-
preme Court could not declare any State law un-
constitutional unless in such proceedings the con-
stitutionality of the central law was also involved;
and (b) the High Court could not strike down a
Central law as unconstitutional.
A law made to implement any of the Directive
Principles of State Policy could not struck down
by the Supreme Court or the High Court on the
ground that it violated any of the Fundamental
Rights.
A Central or State law could not be declared
invalid unless not less than two-thirds of the
judges hearing the case held the same to be con-
stitutionally invalid.
It provided that no amendment of the Constitu-
tion could be challenged in any Court.
Directive Principles of State Policy were given
precedence over the Fundamental Rights.
It empowered the Centre to send its armed forces
to meet any 'grave situation of law and order' in
any State, irrespective of the wishes of the State
Government.
It empowered Parliament, to the exclusion of
State legislatures to make laws to prevent or pro-
hibit the formation of anti-national associations
and indulgence in anti-national activities.
It made it explicit that the President would be
bound by the advice of the Council of Ministers.
The term of the Lok Sabha and of the State Leg-
islatures was extended from five years to six
years.
The incorporation of a set of Fundamental Du-
ties for citizens formed an important part of the
Amendment Act.
Some changes were made in the Seventh Sched-
ule, which contains the Lists of Subjects. Cer-
tain subjects, including Education, were trans-
ferred to the Concurrent List.
A change was made in the Preamble to the Con-
stitution. Instead of the words, 'Sovereign Demo-
cratic Republic' the words 'Sovereign Socialist
Secular Democratic Republic' was substituted.
44th Amendment (1978) :-
(1) A Proclamation of Emergency can be issued only
when the security of India or any part of its terri-
tory is threatened by war or armed rebellion.
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57 Indian Polity
(2) Fundamental rights to life and liberty cannot be
suspended even during the Emergency.
(3) The right to property, a Fundamental Right, was
taken away and now it is only a legal right.
(4) The President's position, declared by the 42nd
Amendment that he was bound by the advice of
the Council of Ministers (Article 74), was not
changed, but the President was given the option
of asking his Ministers to reconsider their ad-
vice.
52nd Amendment (1985) :- It put a ban on defec-
tions and gave for the first time legal recognition to
political parties.
54th Amendment (1986) :- It increased the sala-
ries of Supreme Court and High Court judges the
salary of the Chief Justice of India was increased
from Rs. 5,000 to Rs. 10,000. The salaries of High
Court Chief Justices and Supreme Court Judges were
increased from Rs. 4,000 to Rs. 9,000. The salaries
of High Court Judges have been raised from Rs. 3,500
to Rs. 8,000.
61st Amendment (1989) :- It reduced voting age
from 21 years to 18 years for the Lok Sabha and As-
sembly elections.
68th Amendment (1991) :- amendment pertained
to the extension of President's rule in Punjab.
71st Amendment (1992) :- The act amends the
8th Schedule to the Constitution to include Konkani,
Manipuri and Nepali Languages in the 8th Schedule
of the Constitution.
73rd Amendment (1992) :- To ensure direct elec-
tion to all seats in Panchayats; to reserve seats for
SCs and STs in proportion to their population; and
for reservation of not less than one third of the seats
in Panchyats for women.
74th Amendment (1992) :- To ensure direct elec-
tion to all seats in Nagarpalikas and Municipalities.
86th Amendment (1995) :- To facilitate reserva-
tion of seats for promotions of the Scheduled Castes
and Tribes employees in the government.
97th Amendment (2003) :- 97th Amendment
through Anti Defection Law. The Committee was of
the view that the size of a council of Ministers in-
cluding the Chief Minister in a state should be 15%
of the total members of the legislative assembly and
the minimum number of Ministers in the smaller
states should be 12 instead of seven as provided in
the bill.
100th Amendment (2003) :- The Parliament has
passed the 100th Amendment bill to include Bodo,
Dogri, Maithli and Santhali languages. Now the to-
tal number of scheduled languages in the country is
22 from 18.
RESERVATION FOR WOMEN
A Constitution Amendment Bill- known as the
Constitution (81st Amendment) Bill, 1996-- seeking
to ensure 33% reservation for women in Parliament
and State Legislatures was introduced in the Lok
Sabha on Sept. 12, 1996. In amending the Constitu-
tion, the Bill introduced a new provision, Article 330
A, according to which 'not less than one-third of the
total number of seats reserved for Scheduled Castes
and Scheduled Tribes, be reserved for SC/ST women.
LAW COMMISSION REPORT
There should be a 'separate cadre of investiga-
tion agency in every district subject to supervision
by the higher authorities', the Law Commission,
headed by Mr. Justice M. Jagannadha Rao, a former
judge of the Apex Court has recommended in its re-
port, with a view to ensuring 'speedy trails' of crimi-
nal cases envisaged within the meaning of Article
21 of the Constitution. Article 21 deals with recently
fundamental rights to life and personal liberty. In this
regard, an officer of 'such (investigation) agency'
should be 'incharge of the case' throughout till the
conclusion of trial.
Law Minister of India :- H.R. Bhardwaj
Chief Justice of India :- R.C. Lahoti
Election Commissioner :- N. Gopalaswami
(earlier he was home secretary)
Election Commissioner :- Navin B. Chawla
Chief Election Commissioner :- B. B. Tandon
Capital :- Capital is New Delhi, National Capital
Region comprise of territory from Delhi, U.P., Haryana
and Rajasthan.
State Emblem :- Lion Capital of Ashoka found at
Sarnath.
National Song :- Vande Mataram by
Bankimchandra Chatterjee.
National Flag :- Horizontal Tricolor of deep
saffron at the top, white in middle & dark green
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58 Indian Polity
at t he bot t om i n equal proport i on. ( Lengt h:
Width =3.2). Wheel (with 24 spokes) is at the
enter of the flag.
National Calendar :- Saka Era.
National Animal :- Tiger.
National Flower :- Lotus.
National Bird :- Peacock.
National Game :- Hockey.
Tenure and Removal of Governors :- Article 156
of the Constitution says that the Governor shall hold
office during the pleasure of the President. Subject
to this rule, the tenure of the office of the governor
is fixed for five years from the date on which he en-
ters upon his office. He may be removed from his
office at any time by the President. The President
acts on the advice of the Cabinet. The Governor
may, however, resign his office by writing to the
President. The five years term provided for the Gov-
ernors under clause (3) is subject to exercise of
pleasure by President under clause. (1) Of Art. 156.
Thus it lies within the power of the President to ter-
minate in his discretion the term of the office of
the Governor at his pleasure. The Presidential
pleasure is unjusticiable. It is not regulated or con-
trolled by the procedure laid down in Art. 311. The
Governor has no
security of tenure
and no fixed term
of office. He may
be removed by an
expressi on of
Presidential dis-
pleasure. Mr. L.K.
Advani on 12th
Jul y, 2004 have
requested the
Home Mi ni ster
Shiv Raj patil to reconsider the removal of Gover-
nors and follow the Sarkaria Commission recom-
mendation for the completion of tenure or recom-
mendation of Ventachalliya, the removal of Gover-
nor should be the same as that of appointment. Four
Governors dismissed under Article 156(1) of the
Consti tuti on. The Governors were Ki dar Nath
Sahani of Goa, Kailashpati Mishra of Gujarat, Babu
Parmanand of Haryana and Vishnu Kant Shastri of
Uttar Pradesh.
ANTI DEFECTION LAW
The politics of defection has been one of the con-
spicuous feature of the Indian politics since 1967
(4th General Elections)
The Parliament in 1985, by the 52nd Constitu-
tional Amendment, sought to check his tendency.
The act is negatively worded and provide for the
disqualification of a legislator.
According to the act, following are the grounds for
the disqualification of a legislator.
1. If a legislator voluntarily resigns from the politi-
cal party on whose ticket he/she was elected.
2. If a legislator votes against the whip issued by
the President of the political party to which he/
she belongs, or abstains from voting contrary to
any direction issued by his/her parent party, with-
out obtaining prior permission of the political
party, and if such voting or abstention is not con-
doned by the party within 15 days of the occur-
rence of the voting. The Supreme Court in a judg-
ment in 1992 restricted the scope of whip only in
the cases of the confidence and the No Confidence
motions, money bills and vote of thanks to the
President's address. This means that a legisla-
tor has the right to the vote against the whip in
other cases because according to the Supreme
Court, a legislator has right to political dissent.
3. If an independent member joins any political party.
4. If a nominated Member of the legislature joins a
political party after 6 months of his nomination.
This means, if he/she does the same before this
specified period, he shall not be disqualified.
5. If, in this case of split in the party, the splinter
group has members less than one third of the
parent party.
6. If, in the case of merger, the same is not endorsed
by the two third members of the party, which
wants to merge itself.
However, the officers of the Union and the State
Legislature - the speaker or the Dy. Speaker of
the Lok Sabha, the Dy. Chairman of the Rajya
Sabha, the speaker and the Dy. Speaker of the
Vidhan Sabha and the Chairman of the Vidhan
Parishad - shall not be disqualified under the Act,
if they rejoin their political party (parties) after
they cease to hold such offices.
Also according to the act, any decision regarding
the defection issue shall be made by the Chair-
man or the Speaker as the case may be; such
decisions shall be the final.
Table of Precedence
(Govt. of India)
President
Vice President
Prime Minister
Governors of States within
their respective states
Former Presidents
Deputy Prime Minister
Chief Justice of India;
Speaker of Lok Sabha
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59 Indian Polity
The court shall have no right to inquire into this,
the supreme court in a decision by the constitu-
tional bench in Nov 1991, upheld that such a
clause takes away its exclusive right of Judicial
Review which is a basic structure of the consti-
tution. Thus the decision of the chairman or the
speaker as the case may be, is final, subject to
judicial review of the court.
Causes of the Failure :-
There is no justification for a nominated mem-
ber joining a political party within six months.
The law does not clearly say in what manner the
principle of 1/3rd for split or of 2/3rd in case of
merger shall operate. The loops and holes remain
in the act and hence what cannot be done by a
large group can be done after the split.
The law does not define whether the defection is
a one-time affair or a continuous one.
The law does not cover an event when a political
party deliberately dismisses some of its members
of the legislature to deny them the split of the
political party under this act.
The speaker has the sole right to decide on this and
hence political coloring of the issue is possible.
97th Amendment Bill 2003 :-
A Parliamentary committee has pointed out the
loopholes in the constitution (97th Amendment) bill
2003. The standing committee is of the opinion that
stripping defectors of their membership of he house
and preventing them from being appointed as a
minister, or to any other remunerative political post
is not sufficient. These provisions were not enough
because they do not make winning an election
mandatory for a defector to be appointed as a min-
ister or to a political cost.
The committee was of the view that the size of a
council of Ministers including the Chief Minis-
ter in a state should be 15% of the total members
of the legislative assembly and the minimum
number of Ministers in the smaller states should
be 12 instead of seven as provided in the bill.
The growing defecting is a massive violation of he
people's mandate. The 52nd Amendment, 1985 in-
troduced the 10th schedule in the constitution.
The main purpose is to prevent betrayal of people.
PLANNING COMMISSION
It was established on March 15, 1950 by an ex-
ecutive resolution of the Govt. of India.
It was established on the recommendation of the
Advisory planning board constituted in 1946, un-
der the chairmanship of K C Neogi.
It is an extra constitutional and non-statutory
body.
The Prime Minister of India is the ex-officio chair-
man of the planning commission.
The Deputy Chairman is the defacto executive head
(i.e. full time functional head) of the Commission.
He is appointed by the central Cabinet for a fixed
tenure and enjoy the rank of a cabinet ministers.
The planning Commission has a member secre-
tary. He is usually a senior member of IAS.
At present Montek Singh Alluwalia is the Deputy
Chairman of the Eleventh Planning Commission.
National Development Council :-
The NDC was established in Aug 1952 by an ex-
ecutive resolution of the Govt. of India on the rec-
ommendation of the first five year plan.
It is composed of the Prime Minister (as its head),
all union Cabinet Ministers, the chief Ministers
of all states, Chief Minister/Administrators of all
UT's, the members of the planning Commission.
The secretary of the planning commission acts
as the secretary to the NDC.
It should meet at least twice every year.
The Vice-Presidents who became Presidents The Vice-Presidents who became Presidents The Vice-Presidents who became Presidents The Vice-Presidents who became Presidents The Vice-Presidents who became Presidents
1. Dr. S. Radhakrishnan May 13, 1962 to May 13, 1967
2. Dr. Zakir Hussain May 13, 1967 to May 3, 1969
(Vice President also) (Died)
3. V.V.Giri, May 3, 1969 to July 20, 1969
4. Justice M. Hidyatullah July 20, 1969 to Aug 24, 1969
(Vice President also) (Acting)
Justice M. Hidyatullah Oct 6, 1982 to Oct 31, 1982
(Vice President also) (discharged the functions of
the President)
5. V.V.Giri, Aug 24, 1969 to Aug 24, 1974
6. B.D.Jatti, Feb 11, 1977 to July 25, 1977
7. R. Venkatraman July 25, 1987 to July 25, 1992
8. Dr. S.D.Sharma July 25, 1992 to July 25, 1997
9. K.R.Narayanan July 25, 1997 to July 25, 2002
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60 Indian Polity
LOKPAL AND LOKAYUKTA
Lokpal is the counterpart of the north European
institution of Ombudsman, which originated in
the early part of the last century. Lokpal is meant
to bring to look the highest political functionar-
ies of the Government-the members of the po-
litical executive in the Union Government and
the members of the Parliament who are charged
with corruption. The ARC recommended for its
setting up in 1966.
The Bill to set up Lokpal was introduced in the
Indian Parliament in 1968, 1971, 1977, 1985, 1996
and 1998. The Bill did not become an Act, as ei-
ther the Lok Sabha or the Council did not survive.
Lokpal Bill 1998 :- The Lokpal Bill, proposed by
the Government in 1998, makes some changes to
the 1996 Bill that lapsed with the dissolution of the
11th Lok Sabha. The changes are made on the basis
of the Som Pal Committee recommendations. The
Committee recommendations. The Committee rec-
ommended that:
Lokpal should be assisted by two members.
The committee to appoint the Lokpal and the two
members should consist of the Vice President as
the Chairman and the Prime Minister, the Lok
Sabha Speaker and the Leaders of the Opposi-
tion in the Lok Sabha and the
Rajya Sabha as members :-
Since the status of the Lokpal is equal to that of
CJI, the removal procedure should be equally
stringent.
An inquiry for the removal of the Lokpal and the
members should be made by the members should
be made by the Chief Justice and two seniors
most Judges of the Supreme Court.
Proceeding must be open, except in extraordinary
cases.
Complaints relating to the cases in the last 10
years can be inquired into.
The Lokayuktas currently exist in 11 States (now
in 15 States)
In Andhra Pradesh, Assam, Bihar, Gujarat etc.
they have not been effective because they are
understaffed; under housed; most of the time, the
post is not filled up they lack the power to issue
interim orders and so on. The mode of function-
ing of Lokayuktas is not uniform-in some States,
they are authorized to direct prosecution and in
some others, they can only recommend the same
to the State Government.
SPEAKERS OF LOK SABHA
Speaker Appointment Report
Ganesh Vasudev Malvankar May 15, 1952 to Feb 27, 1956
M Ananthasayanam Ayyangar May 8, 1956 to May 10, 1957
G M C Balyogi Oct 22, 1999 to March 3, 2002
Manohar Joshi May 10, 2002 to June 6, 2004
Somnath Chatterji June 7, 2004 to Till Date
PAY COMMISSIONS
Pay Commission Chairman Appointment Report
First pay commission S. Varadachariar 1946 1947
Second pay commission Jagannath Das 1957 1959
Third Pay Commission Raghubir Dayal 1970 1973
Fourth Pay Commission P N Singhal 1983 1986
Fifth pay commission Ratnavel Pandian 1994 1997
Strength of Vidhan Sabha in the States
UP 404
Andhra Pradesh 294
West Bengal 294
Punjab 117
Goa 40
Mizoram 40
Si kki m 32
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61 Indian Polity
Pub Pub Pub Pub Public Inter lic Inter lic Inter lic Inter lic Interest Litig est Litig est Litig est Litig est Litigation ation ation ation ation
Public Interest litigation (PIL) is one of the most
potent weapons, the judiciary in India has acquired
in recent times, in order to enforce the legal obli-
gation to the executive and the legislature.
The right to issue PIL is available to the Supreme
Court and the High courts only.
The concept of the PIL, having its origin in Aus-
tralia, has emanated from the power of the judi-
cial review of the constitution.
A PIL can be file by any publicly spirited individual
or organisation.
Even a post card can be treated as writ petition.
Through the PIL, the Supreme Court has vastly
expanded the scope of the fundamental rights by
liberally interpreting Art 32 and 226.
Right to Information Right to Information Right to Information Right to Information Right to Information
After a long wait, Indian Parliament finally passes
the landmark Right to Information Bill that, hope-
fully, will usher in an era of better, more transpar-
ent, accountable and responsive governance.
It has taken India 77 years to transition from an
opaque system of governance, legitimised by the Co-
lonial Official Secrets Act, to one where citizens can
demand the right to information. The recent enact-
ment of the Freedom of Information Act, 2005 marks
a significant shift for Indian democracy, for the
greater access of citizens to information, the greater
responsiveness of government to community needs
Need for the Right to Information (RTI) :- In re-
cent years, there has been an almost unstoppable glo-
bal trend towards recognition to the right to informa-
tion by countries, inter-governments organisations,
civil society and the people. The right to information
has been recognised as a fundamental human right,
which upholds the inherent dignity of human beings.
The right to information forms the crucial underpin-
ning of participatory democracy - it is essential to
ensure accountability and good governance.
The greater the access of the citizen to informa-
tion, the greater the responsiveness of government
to community needs. Alternatively, the greater the
restrictions that are placed on access, the greater
the feelings of 'powerlessness' and 'alienation'. With-
out information, people cannot adequately exercise
their rights as citizens or make informed choices.
However, the free flow of informations remains se-
verely restricted by three factors.
(a) The legislative framework includes several
pieces of restrictive legislation, such as the Offi-
cial Secrets Act, 1923;
(b) The pervasive culture of secrecy and arrogance
within the bureaucracy; and
(c) The low levels of literacy and rights awareness
amongst Indians.
Salient Features :-
The president will appoint a chief information
commissioner and governors of state - state in-
formation - commissioners to implement the Act.
They will be autonomous functionaries with five-
year terms.
The chief information commissioner and state
HIndu Succession Act
Property Rights To Women
The Government has introduced the Hindu Succes-
sion (Amendment) Bill, 2004 and the prevention of
Child Marriage Bill, 2004 in the Rajya Sabha.
The proposals in the Hindu succession (Amend-
ment) Bill, 2004, are based on the recommenda-
tions of the Law Commission in its 17th report on
"Property Right of Women: Proposed Reform un-
der the Hindu Law."
Aims of Act
The amendment seeks to remove the gender dis-
crimination in section 6 of the Hindu Succession
Act, 1956, by giving equal rights to daughters in
the "Hindu Mitakshara Coparcenary Property", such
as male heirs.
IMDT Act Struck Down
After Going through the details of IMDT Act, the
Supreme Court on July 12 struck down as unconsti-
tutional the Illegal Migrants (Determination by Tri-
bunals) Act, which provided for identification and
deportation of illegal Bangladeshi migrants.
The Judgement
A three-judge Bench, comprising Chief Jus-
tice R.C. Lahoti, Justice G.P. Mathur and
Justice P.K. Balasubramanyan, declared as
ultra vires the Constitution the controver-
sial 1983 Act and the Rules framed there
under in 1984.
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62 Indian Polity
information commis-
sioner will publish an
annual report on the
implementation of
the Act. The annual
reports will be tabled
before Parliament/
state legislatures.
Under the RTI Bill
2005, the informa-
tion commission
shall at the time of
disposing an appeal,
fine an official Rs.
250 per day (subject to
a maximum of Rs.
25000) if information
is delayed without
reasonable cause be-
yond the stipulated 30
days.
A stringent new sec-
ti on on penal ti es
provides for varying
penalties or fines for
malafide refusal to
gi ve i nf ormati on,
destroying informa-
ti on or knowi ngl y
giving out wrong in-
formation to an RTI
applicant.
Government bodies have to publish details of staff
payments and budgets.
Like the earlier law, while information on 10 in-
telligence and security organisations (such as the
intelligence Burean, RAW, BSF, CISF, NSG) will
not come under the Act's purview, information
pertaining to violation of human rights and alle-
gations of corruption by these organisation will
not be excluded.
Administrative Reforms
Hota Committee Report :- under the chair-
manship of P.C. Hota (former UPSC chairman) rec-
ommends:
Restorations of original age limit 21-24 years for
competing for civil services.
Comprehensive performance appraisal of officials
after completing 15 years of service.
Punishment to those found guilty, corrupt and in-
efficient.
Obligation to put name badges, while on duty.
Annual declaration of property, holdings on a
website, by the civil servants.
Forfeiture of Benami Property of officials under
Section 8 of Benami Transactions (Prohibition)
Act 1988.
No permission to be granted to civil servants to
join any political party, at least till 2 years post
retirement.
PM's Proposals :- Well known as a man of ethics,
intelligence and discipline; Prime Minister
Manmohan Singh has stressed the need for a quick
change in the All India Civil Services. His proposals
are as follows :
The process of recruitment to the civil services,
to begin at XIIth level. Those qualifying the All
India Entrance exam would be inducted into a 5
Commissions/Committees Constituted For Administrative Refor ms
Chairman Year Report
1. N. Gopal Swami Iyenger 1949 Reorganisation plan for Head Offices.
2. A.D. Gorwala 1950-51 Examination of public administration for the im-
plementation of development programmes
3. A.D. Gorwala 1950-51 Review of administration of public undertakings
4. Paul H. Appleby 1952 Survey of Indian Administration
5. Paul H. Appleby 1956 Review of functional autonomy and policy mak-
ing in industrial and commercial undertakings.
6. J.B. Kriplani 1955-57 Review of corruption in Railways.
7. A. Rama Swamy 1956 Merit and recruitment of public services.
Muddaliar
8. Morarjee Dasai and 1966-67 Administrative Reforms Commission. It reported
K. Hanumantiah 1967-70 comprehensively on all aspects of Administra-
tion.
9. K. Santhanam 1964 Indian and State Public Services and problems
of District Administration
10. D.S. Kothari 1976 Method and procedure of recruitment with re-
spect to higher civil services in India. This Com-
mission recommended the Preliminary Exams
in civil services.
11. Dharamvir 1979 National Police Commission.
12. Satish Chandra 1989 Review of examination pattern of civil services.
Recommended Essay paper in the main exami-
nation and inclusion of some more subjects in
the optional category.
13. N.N. Vohra 1997 Nexus between politicians and criminals.
14. P.C. Jain 1998 Review of administrative laws.
15. Y.K. Alagh 2000 Evaluation of Civil Services Exam system and
suggestion for reforms.
16. P.C. Hota 2003 as under
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63 Indian Polity
years programme at the national academy.
At the end of the third year, they would be
presented with a graduation degree.
Toppers would be sent for two years service
specific course, at the end of which they will
be given MBA or equivalent degree.
All those proposals indicate the changes for
more specialisation and expertise in the
services.
12
th
Finance Commission
The Commission's recommendations are to
be effective for the five-year period from April
1, 2005 to March 31, 2010.
The commission's mandate was to make
recommendations on the following core issues:
The distribution between the Union and the
state of the proceeds of taxes and the allo-
cation between the states of the respective
shares of such proceeds.
The principles which should govern the grants-
in-aid of the revenues of the sates out of the Con-
solidated Fund of India and the sums to be paid to
the states which are in need of assistance by way
of grants-in-aid of their revenues and,
The measures needed to augment the consoli-
dated fund of a state to supplement the resources
of panchayats and municipalities on the basis of
the recommendations made by the Finance Com-
mission of the sate.
Composition of the 12
th
Commission :- In pur-
suance with the provisions of article 280 of the Con-
stitution of India, and the Finance Commission (mis-
cellaneous provisions) Act, 1951 (33 of 1951), the
President of India constituted the 12th Finance Com-
mission consisting of Dr. C Rangarajan, former RBI
Governor and Governor of Andhra Pradesh, as the
Chairman and three other members.
While T. R. Prasad and D. K. Srivastava were ap-
pointed as fulltime members, Som Pal was named as
part-time member. However, Pal resigned on May 14,
First Impeachment Against a Judge
Impeachment proceedings were started in the Lok
Sabha in 1990 against the Chief Justice of Punjab and
Haryana Court, Justice B. Ramaswami for misconduct (fi-
nancial). In voting on May 10.11.1993, the impeachment
resolution could not be passed
President' s nod to Domestic Violence Act
President A.P.J. Abdul Kalam has given assent to the Domes-
tic Violence Act, 2005, which aims at protecting women from ver-
bal, emotional, economic and sexual abuses and offers free legal
services to such victims.
Under the Act, applicable to all states and Union Territories
except Jammu and Kashmir, any act of omission or commission
or conduct of adult male person shall constitute domestic violence
an official press note said here today.
As per the Act, a police officer, protection officer, service pro-
vider or magistrate who receives a message of domestic violence
shall inform the aggrieved person of her right to make an applica-
tion for obtaining relief by way of a protection order.
The Act provides the rights for free legal Services Authorities
Act, 1987, and right to file a complaint under Section 498-A of the
Indian Panel Code, wherever relevant.
2004 and, in his place,, Shankar Acharya was ap-
pointed as part-time member. G.C. Srivastava was
the member secretary of the Commission
Cabinet Approval :- On 2nd February, the Cabi-
net approved in toto the 12th Finance Commission
which provides for an increase in share of taxes to
states from 29.5 to 30.5 per cent.
Emerging from the cabinet meeting the Finance
Minister P. Chidambaram said, "We hope that the
12th Finance Commission has taken into account
the requirement of the states and made a generous
and certainly deserving award". The total transfer of
taxes and grants to states, as recommended by the
Commission, will amount to Rs. 7,55,751 crore be-
tween 2005 and 2010.
The Commission, headed by noted economist C.
Rangarajan, had, in its report submitted in Decem-
ber to President A.P.J. Abdul Kalam, addressed a range
of issues, including grants, debt relief, and flow of
funds of urban and local bodies, calamity relief and
requirement of the education and health sectors.
Major Recommendations
States are set to get Rs. 23,000 crore per year as
additional transfers from the Centre. About Rs.
3,000 crore of the additional transfer will be on
account of a 1% increase in states share in the
Centre's divisible pool of taxes and duties from
the existing 29.5%.
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64 Indian Polity
About 74% step-up in transfer of resources-states
share in the divisible pool of Centre's taxes and
duties and grants in aid-to Rs. 7,55,751 crore be-
tween 2005 and 2010 from Rs. 4,34,905 crore rec-
ommended by the earlier Commission.
New Patent law
Till 1970, the classical system of patent law was
operative in India. Under that system, exclusive
rights of production and distribution of a product are
granted to the patent holder. This law was inimical
to the interests of consumer in this country who was
forced to pay monopoly prices on drugs and medicines
purchased by him. It also inhibited the growth of In-
dia's domestic pharmaceutical
industry. This iniuitous situa-
tion was ended, by passing, by
the Parliament, the Indian Pat-
ent Act of 1970.
Beginning of a New Era
This marked the begin-
ning of a new era in India's
drugs and pharmacutical in-
dustry. The industry has shown
a remarkable grwoth in the
last 35 years. This has placed
the industry in a happy position
to face the challenges posed by
the Patent Act 2005.
The new patent
law marks compliance, by this
country, of Trade Related Intel-
lectual Property Rights (TRIPS)
agreement which a member of
the World Trade Organisation
(WTO), it was obliged to do by
Jan. 1, 2005.
Even so, prob-
lems and concerns over Indian
pharmaceutical industry, con-
tinuing to have its joyful ride
in growth that it had in the last
thirty-five years of 1970 patent act regime and re-
taining its ability to supply useful drugs at low cost,
still remains.
The Government has asserted that around 95 per
cent of drugs in use at present do not come in the
purview of the patent law and, therefore, remain in
circulation at old prices. Further, patent rights in
force at present in respect of other drugs will remain
valid for five years during which a drug is to be sold
to the common man. This, it is claimed, will take
care of the problem of the patent holder hiking price
of product beyond reasonable limits. The licensing
system to be introduced as stipulated under the new
patent act, is expected to curb that tendency.
Heads of Important offices
Heads Office
Mr. Tarlochan Singh : Chairman, National Commission for Minori-
ties.
Mr. Suraj Bhan : Chairman, National Commission for SCs
Dr. Sayyid Raza Hashim : Chairman, UPSC
Dr. M.S. Swaminathan : Chairman, National Commission for Farmers.
Mr. M.K. Narayanan : National Security Adviser and Special Adviser
to PM (Internal Security)
Mr. G. Madhavan Nair : Chairman, Space Commission and ISRO
Mr. M.S. Verma : Chairman, Telecom Regulatory Authority of
India.
Mr. Justice (Retd.) : Chairman, National Human Rights
A.S. Anand Commission
Mr. Justice M. Jagannadha : Chairman, Law Commission.
Rao
Mr. C.S. Rao : Chairman, Insurance Regulatory Authority .
Mr. M. Damodaran : Chairman, Securities & Exchange Board
of India.
Dr. C. Rangarajan : Chairman, 12th Finance Commission
Ms. Girija Vyas : Chairperson, National Commission for
Women.
Mr. K.M. Chandrasekhar : India's Ambassador and Permanent Repre-
sentative to WTO.
Mr. Nirupam Sen : India's Permanent Representative to UN.
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CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P CAREER CONSULTANCY, H.O.

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