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Contents

1 - Historical Background .......................................................................................................................... 1


2 - Making of the Constitution .................................................................................................................. 3
8 - Directive Principles of State Policy....................................................................................................... 7
Features of the DPSP ............................................................................................................................. 7
Classifications of DPSP .......................................................................................................................... 7
Implementation of Directive Principles .............................................................................................. 10
9 - Fundamental Duties ........................................................................................................................... 10
12 Federal System ................................................................................................................................ 12
24 - Governor .......................................................................................................................................... 14
Part X Political Dynamics .......................................................................................................................... 17
59 - Political Parties ................................................................................................................................. 18
60 - Elections ........................................................................................................................................... 19


Part I Constitutional Framework
1 - Historical Background

East India Company
- Arrival 1600 as traders
- Exclusive right of trading in India under a charter granted by Queen Elizabeth 1
- 1765, EIC got diwani rights (rights over revenue and civil justice) of Bengal, Bihar and Orissa
- After 1857, British crown direct responsibility over governance of India
Need for constitution
- MN Roy (pioneer of communist movement in India and an advocate of Radical Democratism) 1
st

suggested formation of Constituent Assembly in 1924
- Brit Rules and Regulations for control and admin of India ultimately influenced the constituion
The Company Rule (1773-1858)
Regulating Act of 1773
- 1
st
step taken by Brit Govt to control and reglate EIC wrt political, administrative functions of the
company
o Laid the foundations of central administration in India
- Features
o Designated the Gov of Bengal as GG of Bengal and Exec Council of 4 members to assist
him
1
st
GG = Lord Warren Hastings
o Gov of Bombay and Madras subordinate to GG of Bengal
Earlier the 3 presidencies were independent of each other
o SC at Calcutta (1774) = 1 CJ + 3 J
o Prohibited the servants of company from engaging in any pvt trade/presents/bribes
from/with natives
o Gov Body of EIC to report revenue, civil and military affairs to britGovt strengthened
control
Pitts India Act of 1784
- Rectify defects of Regulating Act of 1773, Brit passed Act of Settlement in 1781. After that came
Pitts India Act
- Features
o Distinguished between commercial and political functions of the company
o Allowed the court of directors to manage the commercial affairs but created a new body
called board of control to manage the political affairs --- Established Double
Government
o Board of Control to look into all matters of civil, military operations and revnues
- Significant for 2 reasons
o 1
st
time companys territories called British Possessions in India
o British Govt given supreme control over companys affairs and its admin
Charter Act of 1833
- Final step towards centralization in Brit India
- Features
o GG of Bengal GG of India
Vested in him all civil and mil powers
GOI authority over all territorial area possessed by British in India
Lord William Bentick, 1
st
GG of India
o GG given exlusive legislative powers for the entire Brit India
Laws made under prev acts regulations, from now on they were called as Acts
o Ended activities of EIC as a comerical body, now a purely administrative body
o Open competition for selection of civil servants
Had a provision for Indians to be considered for all offices under the company
but provision was negated after opposition
Chater Act of 1853
- Last of the Charter Acts
- Features
o Separated the legislative and executive functions of the GGs council
Addition of 6 new members called legislative councilors
GGs Leglislative council now known as Indian (Central) Legislative council
Mini-parliament adopting the same procedures as Brit Parliament
o Open competition for civil servants
Macaulay Committee (the committee on the Indian civil service) in 1854
o Extended the companys rule on trust for the British Crown
Rule could be terminated any time as no time period given
o Local rep in the Indian Legislative council
Out of 6 new members, 4 appointed by local govts of Madras, Bombay, Bengal
and Agra
Govt of India Act of 1858
- Abolished the EIC and transferred the powers of govt, territories and revenues to the British
Crown
- Features
o India governed under the name of Her Majesty
GG name changed to viceroy who is the direct representative of the British
Crown
Lord Canning 1
st
viceroy
o Ended double govt by abolishing Board of Control and Court of Directors
o New office, SEcy of State for India with complete authority and control over Indian
admin
Member of British cabinet and responsible to Britsh Parliament
o 15 member Council of India to assist Secy of State -- chairman
- This act largely confined to the improvement of the admin machinery by which the Indian Govt
was the supervised and controlled in England
Continue updating this drag of a chapter

2 - Making of the Constitution

Idea of constituent assembly 1
st
put forward by MN Roy (pioneer of communist movement in India
and advocate of radical democratism (focus on difference and challenging oppressive power
relations to build consensus as in liberal democracy)) in 1934
1935 INC officially demanded Constituent Assembly to frame constitution of India
1938 JLN CA members elected to basis of adult franchise
August Offer of 1940 Demand accepted by Brit Govt
o In return for INC support for Britain during WW2
o Rejected by INC
1942 - Sir Stafford Cripps member of Brit cabinet present draft proposal on the making of const
after the end of WW2
o Rejected by Muslim League Wanted India to be divided into two automous states with
two separate CAs
o Wanted something to offer to India to ensure their loyalty and support for the British
Cabinet Mission sent to India which rejected the idea of2 CAs but satisfied the Muslim League
Composition of the Constituent Assembly
- Constituted in 1946 under scheme by Cabinet Mission Plan
- Features
o Total Strength 389
296 to be allotted to Brit India
292 to be drawn from 11 Governors provinces
4 from chief commissioners provinces (egBalochistan, Coorg)
93 to Princely States
o Each Province and princely state to be allotted seats in proportion to the respective
population
1 seat for every million population
o Reps of each community were to be elected by members of that community in that prov
legislative assembly
Voting through method of proportional representation by means of single
transferable vote
o Reps of Princely states nominated by heads of princely states
- CA partly elected and partly nominated body
- Elections for 296 seats to CA done in July Aug 1946
o INC won 208, ML won 73
o 93 for princely states didnt fill up as some of them decided to stay away
- MKG and Jinnah not part of CA
Working of the CA
- 1
st
meeting Dec 9, 1946
o ML boycotted meeting
o Attended by only 211 members
- Dr. SachchidanandSinha, oldest member, elected temp Prez of Assembly, following French
Practice
- Later, Rajendra Prasad elected Prez
o HC Mukherjee VP
o BN Rau, Const Advisor
- Objectives Resolution
o JLN moved this historic resolution on Dec 13, 1946
o Laid down fundamentals and philosophy of the const structure
Sovereignity
Territory
Federal Structure
Deomcracy
Fundamental Rights
Safeguards for minorities
Promotion of World peace and welfare of mankind
o Resolution unanimously adopted by CA on Jan 22 1947
o Influenced the eventual shaping of the const
o Modified version forms the Preamble
Changes by the Independence Act
- Reps from princely states gradually joined it after acceptance of Mountbatten plan of 1947
- ML members from Indian dominion also joined assembly
- Independence act made 3 changes
o CA fully sovereign body, could make any law it pleases
Can alter any law made by British Parliament
o CA also made a legislative body (1
st
parliamanet of free India (dominion legislature)
2 separate functions assigned
Performed on separate days
Whenever it met as the constituent body, chaired by Raj Prasad
Whenever it met as leg body, GV Mavlankar chairperson
This continued till nov 26,1949
o ML members from Pak withdrew from CA
Total strength came down to 299
Other functions performed
- Ratified Indias membership of commonwealth may 1949
- Adopted National flag july 1947
- National anthem - jan 1950
- National song jan 1950
- Elected Dr. Raj P as the 1
st
prez of India Jan 24,1959
Random
- 11 sessions over 2 years, 11 months
- Gone through const of 60 countires
- Draft const considered for 114 days
- Jan 24,1950 final session of CA
- Continued as provisional parliament till 1
st
gen elections in 1951-52
Committes of the CA
- 8 major committes
o Drafting comm BR Ambedkar
o Advisory committee on F Rights and Minorities Sardar Patel
F. Rights JB Kriplani
Minorities HC Mukherjee
o States Committee JLN
- 15 minor committees
- Drafting Committee
o Most imp comm
o Took into consideration the proposals of various comm
o Prepared 1
st
draft in Fe 1948
o 2
nd
draft oct 1948
Enactment of the Constitution
- 3
rd
reading of draft after amendments on Nov 14, 1949
- Nov 26, BR Ambedkar moved a motion for constitution as settled by the assembly be passed
- 284 signatories
- Nov 26, mentioned in preamble as the day which people of india adopted, enacted and gave to
themselves the const
- 395 articles and 8 schedules
- Preamble enacted after const was enacted
- Most of the provisions came into force on Jan 26 1950 (many came into force before)
o Republic Day
o Jan 26, 1930 PurnaSwaraj Day Lahore Session Dec 1929
o All prev acts under Brit Govt repealed
Criticisms
- Not a representative body as not directly elected y people
- Not a Sovereign Body as created by proposals of Brit Govt
- Time Consuming
o America took only 4 months
- Dominated by Congress
- Lawyer Politician Domination
- Dominated by Hindus

8 - Directive Principles of State Policy

The framers of the constitution borrowd the idea from the Irish Constitution of 1937 which had copied it
from the Spanish constitution
Articles 36-51
Part IV
Features of the DPSP
1. Ideals that the state should keep in mind while formulating policies and enacting laws
o Article 36 Definition of state same as in Article 12
2. DPSP resemble instrument of instructions enumerated in GOI Act, 1935
3. Embody the concept of welfare state and ideals of liberty, equality, fraternity, justice
4. Non-justiciable
o Article 37 fundamental in governance of country
Duty of the state to apply these principles in making laws
5. Been described as the conscience of the constitution by Granville Austin
6. Courts may use DPSP to examine and determine the constitutional validity of a law
Classifications of DPSP
1. Socialistic Principles
o Welfare of people by securing a social order permeated by justice social, economic
and political to minimize inequalities in income, status, facilities and opportunities
Art 38
o To secure Art 39
i. Right to adequate means of livelihood
ii. Equitable distribution of resources
iii. Prevention of concentration of wealth
iv. Equal work for equal pay
v. Preservation of health and strength of workers
vi. Opportunities for health development of children
o Promote social justice and provide free legal aid to the poor (Article 39A)
o Secure right to work (Article 41)
o Just and humane conditions for work and maternity (Article 42)
o To secure a living wage and decent standard of living ( Article 43)
o Participation of workers in management of industries (Articles 43A)
o To raise level of nutrition (Article 47)
2. Gandhian Principles
o To set up village panchayats and endow them with necessary powers and authority to
enable them to function as units (Articles 40)
o Promote cottage industries (Article 43)
o To promote the educational and economic interests of SCs, STs and other weaker
sections of the society (Article 46)
o To prohibit the consumption of intoxicants and drugs (article 47)
o To prohibit the slaughter of cows and draugh cattle (Article 48)
3. Liberal-Intellectual Principles
o Uniform civil code (Article 44)
o Provide early childhood care and education for all children until they complete the age
of 14 years (changed by 86
th
AA, 2002 RTE)
o To organize agriculture and animal husbandry on modern and scientific lines (article 48)
o Protect environment and safegurad forest and wildlife (article 48A)
o Protect monuments (Article 49)
o Separate the judiciary from the executive in the public services (articles 50)
o Promote internatl peace and security and maintain just and honourable relations
between states. Solves disputes using arbitration. Respect for international laws and
treaties (Article 51)
New Directive Principles
- 42
nd
AA of 1976
o Article 39 Secure opportunities for health development of children
o Article 39 A equal justice and provide free legal aid to the poor
o Article 43 A take steps to secure the participation of workers in mgmt of indutries
o Article 48 A protect the environement
- 44
th
AA of 1978
o Article 39 minimize inequalities in income, status, facilities and opportunities
- 86
th
AA of 2002
o Article 45 RTE Article 21 A
Sanctions behind Directive Principles
Non-justiciable and legally non-enforceable because
- Country didnt possess sufficient financial resources to implement them
- The presence of vast diversity and backwardiness in the country would in the way of their
implementation
- Indian state must be free to decide the order, the time, the place and the mode of fulling them
Criticism of the DPs
1. No legal force
a. Sir Ivor Jennings called it pious aspirations
2. Illogically Arranged
3. Conservative
a. Not fit enough for 21
st
century
4. Constitutional Conflict
a. Between Center and State If state doesnt follow the directive given by the center to
implement DPs, it can dismiss the states for non-compliance
b. Between President and PM
i. Prez can reject a bill if it violates DPs
c. Governor and CM
Utility of Directive Principles
1. Crucial test for performance of govt
2. Opposition can use performance wrt DPs and can use it as a tool for accountability
3. Common political manifesto
4. DPs promote the welfare of community while F.Rights cater to the welfare of the individual
Conflict between F.Rights and DPs
1. Champakam Dorairajan Case, 1951
a. DPSP subsidiary to FRs
2. Golaknath Case, 1967
a. SC F.Rights sacrosanct in nature and Pliamnet cant abridge them
b. F.Rights cant be amended for the implementation of DPs
3. 24
th
AA (1971) and 25
th
AA (1971)
a. 24
th
AA Pliament power to abridge any F.Right by amendment acts
b. 25
th
AA 31 C
i. No law which seeks to implement Socialistic DPs specified in 39 (b) and (c) shall
be void on contravention of Article 14 and 19 or 31
ii. No law containing sucha declaration can be questioend in any court
4. Keshavananda Bharati Case (1973)
a. 2
nd
part of 31 C unconstitutional as Judicial Review basic structure of const
b. However 1
st
part constitutional and valid
5. 42
nd
AA, 1976
a. 31 C scope increased to include all DPSPs not just 39 (b) and (c)
b. Hence notion that DPSPs superior to FRs
6. Minerva Mills Case, !980
a. However this extension considered invalid and unconstutitonal
b. DPSPs once against made subordinate to the F.Rights
c. However art 14 and 19 was accepted as subordinate to DPs specified in Art 39 (b) and
(c)
d. SC - the indian constittuion founded on the bedrock of balance between F.Rights and
DPs
7. Present position is
a. F.Rights enjoy supremacy over the DPs
b. However Parliament ay amend F.Rights to enable DPSPs as long as they dont violate the
basic structure of the const
Implementation of Directive Principles
1. Planning commission FYPs to secure socio-economic jsutice and reducing inequalities
2. Improve changes in agrarian society
a. Abolition of Zamindary
b. Tenancy reforms
c. Land holding ceilings
d. Distribution of surplus land amongst landless labourers
3. Minimum Wages Act (1948) and other Labour Acts
a. In 2006, govt banned child labour
4. Legal Services Authorities Act (1987)
a. Free and competent legal aid to the poor
b. Lok adalat
i. Statutory forum for colciliatory settlement of legal disputes
ii. Civil court
iii. Decisions enforceable and legally binding
5. Khadi and Village Industries Board
6. Wildlife Protection Act (1972) and Forest Conservation Act, (1980)
a. Water and Air Acts provided for Central and State Pollution Boards
b. National Forest Policy 1988
7. 3 tier panchayati raj system 73
rd
AA, 1992
8. Criminal Procedure Code (1973) separated judiciary from executive in districts
9. Ancient and Historical Monuments and Archaelogical Sites and Remains Act (1951)
Directives outside Part 4
- Claims of SCs and Sts to Services Art 335
- Instruction in mother tongue Artile 350-A
o Local authoirt to provide adequate facilities for instruction in the mother-tongue at
primary stage
- Development of Hindi language
o Aricle 351
9 - Fundamental Duties

Part IV A of the Const
Article 51A
Added in 1976
While DPSP were duties of the state, F.Duties duties of the people
Inspired from const of USSR
None of the other democratic nations like USA, France had F.Duties for citizens in their constitution
- Japan only other democratic nation to have F.Duties
Swaran Singh Committeee Recommendations, 1976
- 42
nd
Amendment Act
- Citizens should become conscious that in addition to rights, they have to perform duties as well
- Added 10 F.Rights
- Committee recommended imposing penalties for non-compliance with the duties which the
govt rejected
F Duties
- Abide by the const, respect flag and anthem
- Cherish and follow the noble ideal of freedom struggle
- Uphold and protect the unity and sovereignity of india
- Defend the country
- Promote harmony and spirit of brotherhood
- Heritage, culture
- Wildlife, natural resource
- Scientific temper
- Public property
- Strive towards excellence
- Provide opportunities and excellence for his child
o Added in 2002 86
th
const amendment act
Features
- Some are moral duties and some are civic
- Part of Indian tradition, mythology
- F Duties conferred only to Indian citizens
- Non-justiciable
Criticism
- Not exhaustive
o Didnt include other basic duties like voting, pay taxes
- Considered superfluous
Significance
- Source of inspiration
- Warning against anti-national activities
- Help courts in validating constitutional validity of a law
o If the law reeks in to give effect to a fundamental duty vs f.rights
- Can be made enforceable from the passing of a law
o Forest (Conservation) Act, 1980
o Many were enforced by law even before amendment
Prevention of National Honour Act, 1971
Representation of People Act
IPC etc

Indira Gandhi F Duties strengthen democract
Verma Committee (1999) identified the legal provisions for implementation of some F.Duties
Part II System of Government
12 Federal System
Unitary government is one where power is vested with the national govt and regional govts if any derive
their power from the center.
Federal govts power is divided between center and the states and both can operate in their respective
jurisdictions independently.
- Dual Govt
- Bicameral legislature
Federation (political system)
- A new state which is formed through a treaty or an agreement between the various units
- States, provinces, cantons
- Can be formed through
o Integration of states
US 50 states following American Rev in 1787
o Disintegration of a large unit into states
Canada in 1867
Indian federation
- Constitution makers wanted fed for two reasons
o Large size of the country for better governance
o For unifying the socio-cultural diversity reconciling national unity with regional
autonomy
- Union of states and not Federation because
o To indicate that federation not through agreement of states as in USA
o States have no right to secede from federation
Federation is union because its indestructible
- Based on Canadian model more than American model
o Based on disintegration
o Mention of the word union
o Centralizing tendency more powers to the center than the state
Federal Features of the Indian constitution
- Dual Polity
o Union at the center and states at the periphery
o Constitution has clearly the jurisdiction for both
o Union govt deals with matters of national importance like def, currency, communication
o State govt agri, health, local governance
- Division of powers
o 7
th
schedule state list, union list and concurrent list
o State 61 subjects
o Center 100 subjects
o Concurrent 52
o Art 249 gives RS the power to pass a resolution with 2/3
rd
maj present and voting
which gives parliament power to make laws wrt any topic in state list
- Rigidity of the const
o Provisions concerned with the federal structure can be amended only by joint action of
central and state govt
special majority of the pliament and approval of ahalf of state legislatures
- Bicameral parliament
Unitary Features of the Const
- Strong Center
o More topics in union list than the state list
o Residuary powers also left with center
o Art 257 Center can issue instruction to the states
- Single constitution
o Only exception J&K
- States not indestructible
o Pliament can pass acts to modify, bifurcate, partition, change the name
- No equality of state representation
o Seats in LS on the basis of popn
o In US, 2 seats for each state
- Emergency provision
o States go into total control of the center
- Single citizenship
o Canada also single citizenship
- Integrated Judiciary
- All India Services
- Integrated Audit of Accounts
o CAG audits state accounts as well
- Appointment of Governor
- Integrated Election Machinery
- Veto over state bills
o Gov can send out some type of bills to president for reconsideration
o Prez enjoys absolute veto
- Art 33 and 34 authorises parliament to protect persons in service of the union from martial law
to restore order
o AFSPA been made on the basis of these provisions
KC Wheare described India as a quasi federal state
- Rather than a federal structure with subsidiary unitary powers it is a unitary state with
subsidiary federal powers
Ivor Jennings
- Federation with strong centralizing tendency
In Bommai Case
- SC maintained that Federalism is basic feature of const
- States derive its power and authority from const and are not agents of the state

24 - Governor

Part VI of the Const State govt (except for J&K special status, has a different const)
Same as center parliamentary form
Articles 153 167 deals with State Executive
- Executive
o Governor
o Chief Minister
o Council of Ministers
o Advocate General of State
- No Vice-Gov as in Center
Governor Dual Role
- Chief Executive of State
o Nominal Role similar to President
- Agent of the Central Government
Same person can be appointed as governor for two or more states 7
th
Const Amendment Act
- Both AP and Telangana to have common Governor for 10 years
-
Appointment of Governor
- Not directly elected or by a special electoral college as with president
- Appointed by President by warrant under his seal and hand
- Nominee of Central Govt
Governors office not under Central Govt
Qualifications
- COI
- >=35 years
Two conventions
- He should not belong to state where appointed
- While appointing the gov, president required to consult the CMs to ensure smooth functioning
Conditions of Governors office
- Not MP or MLA. If yes, then deemed to have vacated his seat
- Not hold any office of profit
- Raj Bahawan without rent
- Salaries, privileges decided by Parliament
Immunities
- Immunity from legal action for official acts even after vacating the office
- Immunity from criminal proceedings during office
Term
- 5 years
- Subject to pleasure of President
o SC pleasure of Preznot justifiable
o Gov be dismissed at any time
- Can resign at any time
- Const does not lay any grounds under which a gov can be removed
o VP Singh removed all the govs when he came to power in 1989
o Same thing repeated in 1991 with Cong
- Prez may transfer, reappoint gov
- In case of death, CJ of HC will act as the Gov
Executive Powers
- All exec actions taken in his name
- Appoints CM and other mins
o There should be a tribal minister in states of Bihar, MP and Orissa
- Appoints Advocate General
- Appoints State ECommissioner
o Can only be removed in the manner presccirbed for HC judge
- Appoints Chairman and members of State Public Service Commission
o Can only be removed by Prez
- Emergency Powers
o Can recommend for imposition of const emergency
o Can enjoy extensive executive powers during Prez rule
- Acts as chancellor of Univs in State
Legislative Powers
- Summon Or Prorogue the state legislature and dissolve the LA
- Address the State Legislature at the commencement of 1
st
session after each gen election
- When offices of Speaker and depy speaker vacant, can appoint any member of LA
- Nominates 1/6
th
members of State Legislative Council from people in literature, science, art,
cooperative movement
1 member from Anglo-Indian community

Part VIII Non-Constitutional Bodies
45 - National Development Council
Established on August 1952 by an executive resolution of the Govt of India on the recommendation of
1
st
FYP
Not a constitutional or a statutory body just like PC
Composition
- PM of India (chairman)
- All Cabinet Ministers
- CMs of all states/UTs
- Members of the PC
Secy of the PC also acts like secy of NDC
Functions
- To prescribe the guidelines for PC with the help of the states
- To make an assessment of resources required for implementing the plan and to suggest
measures for augmenting them
- To consider important questions of social and economic policy
- Act as a bridge between Central Govts, State Govts and the PC
- Forum of Center State deliberations of matters of national importance
After the draft FYP is prepared by PC, it is shown to NDC for its acceptance after which the plan is
presented to the parliament
Higest body after Parliament responsible for policy matters wrt planning
But it is listed as an advisory body to the PC and its recomeendations are not binding
Meets twice a year
Super Cabinet
- Due to its wide composition of including cabinet as well the State Mins
- No longer a rubber stamp in the era of coalition politics

Part X Political Dynamics
59 - Political Parties
Organized group of individuals with similar political interests which wish to gain political power through
constitutional methods and who desire to work for national interest
4 types of political parties in modern democracies
- Reactionary
o Which cling to old socioeconomic and political institutions
- Conservative
o Which wants to retain status quo
- Liberal
o Reform the existing institutions
- Radical
o Overthrow
o Anti-incumbent
Party systems
- One party system
o One ruling party and no opposition
o USSR
- Two party system
o USA, UK
- Multi-party systems which lead to coalition govts
Party System in India
- Multi-party system
o India has the largest number of political parties in the world
o 7 national parties
o 40 state parties
o 980 registered-unrecognized parties in the country
- One party system
o Till 1967, just Congress
- Lack of clear Idealogy
o Issue based rather than idealogy based
- Personality Cult
- Regional Factors
- Factions and Defections
- Lack of effective opposition
Recognition of National and state parties
- EC registers parties and on the basis of their poll performance classifies them as national/state
party
o Other parties simply declated as registered unrecognized parties
- After reconignition, parties get the right to
o Party sybol
o Access to electoral rolls
o Provision of time for political broadcasts on state-owned television
- Symbols
o Reserved symbols
Symbols reserved for recognized parties
o Free symbols
Symbols which other candidates can take including registered-unrecognized
parties
National Party
- Gets 6% or more vote polled from 4 or more states + gets 4 seats in LS in any state or states OR
- Wins 2% of seats in LS and candidates elected from 3 states OR
- Recognized as a state party in 4 states
State Party
- 6% of LA votes and 2 LA seats OR
- 6% of LS votes and 1 LS seat
- 3% of LA seats OR 3 LA seats
- 1/25
th
of LS seats for that state
LS 2009
- 7 National Parties
- 40 state parties
60 - Elections
Election Systems
- First Past the Post System
o Whichever candidate gets the maximum number of votes in the election is declared
elected
o Plurality system
- Proportional Representation
o Each party is allotted a share of seats in proportion of the votes theyve received
o Can be of 3 types
Entire country is treated as one constituency ie Netherlands, Israel
Country split into multiple constituencies where PR is done
Argentina, Portugal
Indirect elections in india for President, VP, RS and Vidhan Parishads
RS PR through Single Transferable Vote
o Each candidate required to get a minimum quota of votes
determined by formula
(Total votes polled/(total candidates to be elected +
1))+1
o Every MLA given a sheet where they have to allot preferences
to candidates
o Each 1
st
pref counted
o If the required number of candidates fail to get minimum quota
of 1
st
pref votes then the person with least 1
st
pref votes is
eliminated and his 1
st
pref votes are transferred to the person
with the 2
nd
pref on the electors pref list
Who decides what constituency to be reserved for SC/STs?
- Delimitation commission
- Appointed by Prez and works alongwith ECI
- Purpose of drawing up boundaries of constituencies throughout India
- States constituencies reserved for Scs/Sts according to proportion of their population
- Generally, constituencies with a higer proportion of SCs are reserved for SCs but such
constituencies are also picked in such a way to spread across a state


Part XV of the constitution
324 329
324 Superintendence, direction and control of elections to be vested in an EC
- Elections for parliament, state Legislatures, Prez, VP
o Not responsible for local body elections
- EC would comprise of 1 CEC and 2 ECs
o Earlier it was just 1 ec but it was felt that multi-members would help in greater
accountability and sharing of power
- CEC presides over the EC but doesnt have more powers than other ECs
- Appointed by Prez on advise of CoM
o Danger that he may appoint a partisan
o Talks of cec being appointed after consulting the ooposition head
- EC
o Electoral roll
o Election schedule
Notifications of elections
Last day for nomination
Last day of withdrawl
Last day for scrutiny
o Gives recognition of pol parties and allots them symbols
o Postpone elections
2002 Guj when the assembly was dissolved
- Before LS or LA election, Prez (in consultation with EC) may appoint regional commissioners to
assist the EC
o Prez may make avlb staff to EC or egional Comm to discharge its functions
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.
- There shall be only one electoral roll for every territorial constituency
326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis
of adult suffrage.

327 Power of Parliament to make provision with respect to elections to Legislatures
- RoPA, 1950
o Qualifications of voters, prep of electoral rolls, delimitation of constituencies, allocation
of seats etc
- RoPA, 1951
o Actual conduct of elections and deals with administrative machinery for conducting
elections, poll, election offences etc
- Delimitation Commission, 1952
o Readjustment of seats, delimitation, reservation of territorial constituencies
328 Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Make provisions for only those matters which havent been covered by parliament
329 Bar to interference by courts in electoral matters.
- Validity of any law pertaining to delimitation/allotment cant be challenged in any court
o Orders issued by Delimitation Commission final
- Election petitions triable by high courts
323 B - Legislature can establish a tribunal for adjudication of electoral disputes
- Never established even once
Electoral reforms
- Before 96
o Lowering of voting age from 21 to 18
61
st
CA, 1988
o Increase in number of proposers
RS & SLC - Number of proposrs for every candidate around 10% of total
electoral roll of candidates
1988
Prevent frivolous candidates from contesting
o EVMs
1989
1
st
EVM used in 1999 in state elections Goa
o Booth Capturing
Provision of adjournment when this happens
- 1996 Electoral Reforms
o Increase in Security Deposit
o Listing of names of candidates
Acc to category of party
Then alphabetical order
o Disqualification for insulting the national honour act
o Number of proposers
For LS, LA 10 registered electors as proposers
o Time limit for bye-elections 6 months from the date of vacany
o Holiday on polling day
- After 1996
o Voting through postal ballot
o Requisitioning of staff for election duty
o Vote through proxy
Armed Forces
o Declaration of Criminal Antecedents, Assets by candidates
Assets
Educational qualifications
Whether charged for any crime
Whether acquitted, convicted for any crime in the past
o Changes to RS elections
Domicile condition removed
Open ballot from closed ballot
To reducing the influence of money
o Contribution
Parties entitled to accept contribution from any person or company apart from
a govt company
Report excess of Rs20000 to claim income tax relief
o Allocation of time on electronic media
Stuff about EC
- Chief Election Commissioner can be removed from his office by Parliament with two-thirds
majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehaviour or incapacity.
o Removal procedure similar to judge of SCs