INDIAN POLITY CAPSULE

Framing of the Constitution: by July-August 1946. The Assembly began work on 9

a) The Constitution of India was framed by a Constituent December 1946.
Assembly which was set up under the Cabinet mission
plan (1946). First Interim National Govt.
b) The Constituent Assembly took almost 3 years (2 The formation of an interim national Govt. was announced
years, 11 months, and 18 days) to complete its on 24 August, 1946. The Govt. was constituted on 2
historic task of drafting the Constitution for an September, 1946. It was leaded by Pundit Nehru and
Independent India. it comprised 11 other members, including 3 Muslims.
c) During this period it held 11 sessions covering a total Muslim League initially didn't join the Govt..
of 165 days. Of these, 114 days were spent on the Technically, however, all the 12 members of the
consideration of and discussion on the Draft interim Govt. were members of Viceroy's Executive
Constitution. Council. The Viceroy continued to be the head of the
d) As for the composition of the Assembly, members Council. Pundit Jawahar Lal Nehru was designated as
were chosen by indirect election by the members of the Vice-President of the Council.
the Provincial Legislative Assemblies, following the
scheme recommended by the Cabinet Mission. The
arrangement was as follows: The Constituent Assembly
(i) 292 members were elected through the Provincial a) The people of India elected members of the provincial
Legislative Assemblies; assemblies, who in turn elected the constituent
(ii) 93 members represented the Indian Princely States; assembly.
and b) Rajendra Prasad, Sardar Patel, Maulana Abul Kalam
(iii) 4 members represented the Chief Commissioners Azad and Shyama Prasad Mukherjee were some
Provinces. important figures in the Assembly.
The total membership of the assembly thus was to be 389. c) Frank Anthony represented the Anglo-Indian
e) However, as a result of the partition under the community.
Mountbatten Plan of 3 June 1947, a separate Constituent d) The Parsis were represented by H.P. Modi.
Assembly was set up for Pakistan and representatives of e) The Chairman of the Minorities Committee was
some provinces ceased to be members of the Assembly. Harendra Coomar Mookerjee, a distinguished
As a result, the membership of the Assembly was reduced Christian who represented all Christians other than
to 299. Anglo-Indians.

The Cabinet Mission

World War II in Europe came to an end on May 9,1945.
The new British Govt. announced its Indian Policy and
decided to convene a constitution drafting body. Three
British cabinet ministers were sent to find a solution to
the question of India's independence. This team of
ministers (Lord Pethick Lawrence, Stafford Cripps, A V
Alexander) was called the Cabinet Mission.The Mission
was in India from March 1946 to May 1946.The Cabinet
Mission discussed the framework of the constitution and
laid down in some detail the procedure to be followed by
the constitution drafting body. Elections for the 296 seats
assigned to the British Indian provinces were completed

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f) Dr. Sachidanand Sinha was the first president of the Amending Act of 1781:
Constitituent Assembly. Later, Dr.Rajendra Prasad  Actions of public servants of the Company in their
was elected president of the Constituent Assembly official capacity were exempted from the jurisdiction
while B.R. Ambedkar was appointed the Chairman of of Supreme Court.
the Drafting Committee.  Jurisdiction of Supreme Court was defined. SC had to
take into consideration and respect the religious and
COMMITTEES social customs and usages of the Indian while
1. Committee on the Rules Rajendra Prasad enforcing its decrees and processes.
of Procedure  The rules and regulations made by GG-in-Council
2. Steering Committee were not to be registered with SC.
3. Finance and Staff Pitts Act of 1784:
Committee  Introduced Dual System of Govt by the company
4. Ad hoc Committee on the and by a Parliamentary board of directors.
National Flag  gave the British Government a measure of control
5. States Committee Jawaharlal Nehru over the company’s affairs
. Union Powers Committee  company became a subordinate department of the
. Union Constitution State.
Committee  Reduced the number of members of Executive Council
6. Advisory Committee on Vallabhbhai Patel of the GG to three.
Fundamental Rights, Act of 1786:
Minorities and Tribal and  Governor General given the power to over-ride the
Excluded Areas Council and was made the Commander-in-chief also
7. Drafting Committee B.R. Ambedkar to prevail upon Cornawalis to accept the GG-ship of
8. House Committee B. Pattabhi India
Sitaramayya Charter Act of 1793:
9. Committee on the G.V. Mavalankar  Company given monopoly of trade for 20 more years.
Functions of the  laid the foundation of govt. by written laws,
Constituent Assembly interpreted by courts.
10. Minorities Sub- H.C. Mookherjee Charter Act of 1813:
Committee  Company deprived of its trade monopoly in India
except in tea and trade with China.
11. Fundamental Rights J.B. Kripalani  An amount of one lakh rupees was set aside for the
Sub-Committee promotion of Education in India.
12. North-East Frontier Gopinath Bardoloi Charter Act of 1833:
Tribal Areas and Assam  End of Company’s monopoly even in tea and trade
Exluded & Partially with China.
Excluded Areas Sub-  Company was asked to close its business at the
Committee earliest.
 Governor General of Bengal to be Governor General of
India
Constitutional Reforms in British India  (1st Governor General of India was Lord William
Regulating Act, 1773: Bentinck).
 End of Dual govt. Charter Act of 1853:
 Governor of Bengal to be the Governor – General of  The Act renewed the powers of the Company and
British territories of India. allowed it to retain the possession of Indian
 Establishment of Supreme Court in Calcutta. territories in trust of the British crown.
 Court of directors to be elected for 4 years  Recruitment to Civil Services was based on open
 Number of Directors fixed at 24, 1/4th retiring every annual competition examination (excluding Indians).
year. Government of India Act, 1858:
 In Bengal, collegiate govt was created with Governor  Rule of Company in India ended and that of the Crown
General and 4 members of the council and were began.
named in the act:- GG -> Warren Hastings and 4  A post of Secretary of State (a member of the British
members -> Philip Francis, Clavering, Monson, and cabinet) for India created.
Barwell.  He was to exercise the powers of the Crown.

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 Secretary of State governed India through the  The joining of Princely States was voluntary and as a
Governor General. result the federation did not come into existence as
 Governor General received the title of Viceroy. He the minimum number of princes required to join the
represented Secretary of State and was assisted by an federation did not give their assent to join the
Executive Council, which consisted of high officials of federation.
the Govt.  Dyarchy was introduced at the Centre (e.g.
 The system of double govt introduced by Pitt’s Act Department of Foreign Affairs and Defence were
1784 was finally abolished reserved for the Governor General).
Indian Council Act, 1861:  Provincial autonomy replaced Dyarchy in provinces.
 The Executive Council was now to be called Central They were granted separate legal identity.
Legislative Council. Burma (now Myanmar) separated from India.
 The Governor General was conferred power to
promulgate ordinance. PARTS OF INDIAN CONSTITUTION
Indian Council Act, 1892: 1. Part I Articles 1-4 Territory of India,, admission,,
 Indians found their way in the Provincial Legislative establishment or formation of new states
Councils. 2. Part II Articles 5-11 Citizenship
 Element of Election was introduced. 3. Part III Articles 12-35 Fundamental Rights
4. Part IV Articles 36-51 Directive Principles of State
Indian Council Act, 1909 or Minto-Morley Reforms: Policy
It envisaged a separate electorate for Muslims. Part IV A Article 51-A Duties of a citizen of India. It
Government of India Act, 1919 Or Montague- was added by the 42nd Amendment in 1976
Chelmsford Reforms: 5. Part V Articles 52-151 Government at the Union
 Dyarchy system introduced in the provinces. level
 The Provincial subjects of administration were to be 6. Part VI Articles 152-237 Government at the State
divided into 2 categories: level
 Transferred 7. Part VII Article 238 Deals with states in Part B of
 administered by the Governor with the aid of the First Schedule. It was repealed by 7th Amendment
ministers responsible to the Legislative Council in 1956
 Reserved 8. Part VIII Articles 239-241 Administration of Union
 The Governor and the Executive Council were to Territories
administer the reserved subjects without any 9. Part IX Article 242-243 Territories in Part D of
responsibility to the legislature. the First Schedule and other territories. It was
 Indian legislature became bicameral for the first time, repealed by 7th Amendment in 1956
it actually happened after 1935 Act. 10. Part X Articles 244-244 A Scheduled and tribal
 Secy of state be paid by British Exchequer areas
 Post of Commissioner of India 11. Part XI Articles 245-263 Relations between the
Government of India Act, 1935: Union and States
 Provided for the establishment of All-India Federation 12. Part XII Articles 264-300 Finance,, property,,
consisting of contracts and suits
 British Provinces 13. Part XIII Articles 301-307 Trade,, commerce and
 Princely States. travel within the territory of India
14. Part XIV Articles 308-323 Services under the Union
and States
Part XIV-A Articles 323A-323B Added by the 42nd
Amendment in 1976 and deals with administrative
tribunals to hear disputes and other complaints
15. Part XV Articles 324-329 Election and Election
Commission
16. Part XVI Articles 330-342 Special provision to
certain classes ST/SC and Anglo Indians
17. Part XVII Articles 343-351 Official languages
18. Part XVIII Articles 352-360 Emergency provisions
19. Part XIX Articles 361-367 Miscellaneous provision
regarding exemption of the President and governors
from criminal proceedings
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20. Part XX Article 368 Amendment of Constitution 4. Irish Constitution- Directive Principles of State
21. Part XXI Articles 369-392 Temporary,, transitional Policy, nomination of members of Rajya Sabha and
and special provisions method of election of president
22. Part XXII Articles 393-395 Short title, 5. Canadian Constitution- Federation with a strong
commencement and repeal of the Constitution centre, vesting of residuary power in the centre,
appointment of state Governor by the centre and
SCHEDULES OF INDIAN CONSTITUTION advisory jurisdiction of Supreme Court.
1. First Schedule - List of States & Union Territories 6. Australian Constitution- Concurrent list, joint sitting
2. Second Schedule -Salary of President, Governors, of two houses of Parliament.
Chief Judges, Judges of High Court and Supreme court, 7. Constitution of Germany- Suspension of
Comptroller and Auditor General fundamental rights during emergency.
3. Third Schedule-Forms of Oaths and affirmations 8. French Constitution- Republic and ideals of liberty,
4. Fourth Schedule-Allocate seats for each state of India equality and fraternity in the Preamble.
in Rajya Sabha 9. South African Constitution- Procedure for
5. Fifth Schedule-Administration and control of amendment of the constitution and election of
scheduled areas and tribes members of Rajya Sabha.
6. Sixth Schedule-Provisions for administration of 10. Japanese Constitution- Procedure established by
Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Law.
Arunachal Pradesh 11. Constitution of former USSR: Procedure of five-year
7. Seventh Schedule-Gives allocation of powers and plan, fundamental duties, ideals of justice in
functions between Union & States. It contains 3 lists- Preamble.
Union List (For central Govt) /States List (Powers of
State Govt) /Concurrent List (Both Union & States). Preamble to the Constitution
8. Eighth Schedule-List of 22 languages of India The Constitution begins with the Preamble. The objective
recognized by Constitution resolution proposed by Pt. Nehru ultimately became the
9. Ninth Schedule-Added by Ist amendment in 1951. preamble. It contains the summary or essence of the
Contains acts & orders related to land tenure, land Constitution. It has been amended by the 42nd
tax, railways, industries. Constitutional Amendment Act (1976), which added three
10. Tenth Schedule-Added by 52nd amendment in 1985. new words— socialist, secular and integrity.
Contains provisions of disqualification of grounds of The Preamble in its present form reads: “We, THE
defection PEOPLE of INDIA, having solemnly resolved to constitute
11. Eleventh Schedule-By 73rd amendment in 1992. India into a SOVEREIGN SOCIALIST SECULAR
Contains provisions of Panchayati Raj. DEMOCRATIC REPUBLIC and to secure to all its citizens:
12. Twelfth Schedule-By 74thamendment in 1992. JUSTICE, Social, Economic and Political;
Contains provisions of Municipal Corporation. LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote
Sources of our Constitution among them all;
The Indian Constitution is borrowed from almost all the FRATERNITY assuring the dignity of the individual and
major countries of the world but has its own unique the unity and integrity of the Nation;
features too. Major sources are: IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day
of November, 1949, do HEREBY ADOPT, ENACT AND GIVE
1. Government of India Act of 1935 - Federal Scheme, TO OURSELVES THIS CONSTITUTION”.
Office of Governor, Judiciary, Public Service
Commission, Emergency provisions and Amendment in the Preamble ?
administrative details. The question as to whether the Preamble can be amended
2. British Constitution – Parliamentary System, Rule of under Article 368 of the Constitution arose for the first
law, Lagislative Procedure, Single Citizenship, Cabinet time in the historic case of Kesavananda Bharati (1973). It
System, Prerogative Writs, Parliamentary Privileges was urged that the Preamble cannot be amended as it is
and Bicameralism. not a part of the Constitution. But the Supreme Court held
3. US Constitution – Fundamental rights, independence that the Preamble is a part of the Constitution. The
of judiciary, judicial review, impeachment of Preamble has been amended only once so far, in 1976, by
president, removal of Supreme court and high court the 42nd Constitutional Amendment Act, which has added
judges and post of vice president. three new words—socialist, secular and integrity—to the
Preamble. This amendment was held to be valid.

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Fundamental Rights of conviction for offences
They are justiciable, allowing persons to move the  Article 21 :- Protection of life and
courts for their enforcement, if and when they are personal liberty
violated.  Article 22 :- Protection against
They are defended and guaranteed by the Supreme arrest and detention in certain
Court. Hence, the aggrieved person can directly go to cases
the Supreme Court. They can be suspended during the  Article 23 :- Traffic in human
operation of a National Emergency except the rights Right Against beings prohibited
guaranteed by Articles 20 and 21. More, the six Exploitation  Article 24 :- No child below the age
rights guaranteed by Article 19 can be suspended only of 14 can be employed
when emergency is declared on the grounds of war or
external aggression.  Article 25 :- Freedom of conscience
and free profession, practice and
Originally the Constitution provided for seven propagation of religion
fundamental rights:  Article 26 :- Freedom to manage
1. Right to equality [Art. 14-18] Right to freedom religious affairs
2. Right to freedom [Art. 19-22] of Religion  Article 27 :- Prohibits taxes on
3. Right against exploitation [Art. 23-24]. religious grounds
4. Right to freedom [Art. 25-28]  Article 28 :- Freedom as to
5. Cultural and educational rights [Art. 29-30] attendance at religious ceremonies
6. Right to property [Art. 31] in certain educational institutions
7. Right to constitutional remedies [Art. 32]  Article 29 :- Protection of interests
of minorities
However, the ‘right to property’ was deleted from the list Cultural and  Article 30 :- Right of minorities to
of fundamental rights by the 44th Constitutional Educational establish and administer
Amendment Act, 1978. It has been made a legal right Rights educational institutions
under Article 300- A in the Constitution. So, at present,  Article 31 :- Omitted by the 44th
there are only six fundamental rights. Amendment Act
 Article 32 :- The right to move the
FUNDAMENTAL RIGHTS in Brief Supreme Court in case of their
 Article 14:- Equality before law and Right to violation (called Soul and heart of
equal protection of law Constitutiona the Constitution by BR Ambedkar)
 Article 15:- Prohibition of l Remedies  Forms of Writ check
discrimination on grounds only of  Habeas Corpus :- Equality before
religion, race, caste, sex or place of law and equal protection of law
birth.
Right to Equality
 Article 16:- Equality of opportunity
in matters of public employment
 Article 17 :- End of untouchability
 Article 18 :- Abolition of titles,
Military and academic distinctions
are, however, exempted
 Article 19 :- It guarantees the
citizens of India the following six
fundamentals freedoms:-
1. Freedom of Speech and Expression
2. Freedom of Assembly
3. Freedom of form Associations
Right to Freedom
4. Freedom of Movement
5. Freedom of Residence and
Settlement
6. Freedom of Profession,
Occupation, Trade and Bussiness
 Article 20 :- Protection in respect

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Part-IV: Directive Principles of State Policy [Article
36 to 51]
The phrase ‘Directive Principles of State Policy’ denotes
the ideals that the State should keep in mind while
formulating policies and enacting laws. It includes the
legislative and executive organs of the central and state
governments, all local authorities and all other public
authorities in the country. The Directive Principles are
non-justiciable in nature, that is, they are not legally
enforceable by the courts for their violation. Therefore,
the government cannot be compelled to implement
them. They aim at providing social and economic justice
of the people.

FUNDAMENTAL DUTIES
A list of ten fundamental duties was included in the
Indian Constitution by the 42nd Amendment Act,
1976 in the form of Article 51 A. For this a new part
was created in

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the Constitution in the form of Part IV-A. It is based on  His/her father is an enemy alien.
the Japanese model. The idea of including a separate b) Citizenship by Descent
chapter on duties was recommended by the Swam Singh  A person born outside India on or after 26th Jan 1950
Committee in view of the fact that duties and rights are shall be a citizen of India by descent, if his father is a
inseparable. Moreover, subsequently 11th duty has been citizen of India at the time of his birth.
added by Constitution (86th Amendment) Act, 2002 in c) Citizenship by Registration
the form of 51 A (k). It reads: Any person who is not a citizen of India and belongs
"It shall be the duty of every citizen of India “who is a to any of the following categories; can apply for
parent or guardian to provide opportunities for education registration as a citizen (He must have resided in
to his child or, as the case may be, ward between the age India for at least 5 years):
of six and fourteen years." 1) Person of Indian origin who are ordinarily resident in
The 11 duties India for 5 years immediately before making an
It shall be the duty of every citizen of India - application for registration. PIO who are ordinarily
1. to abide by and respect the Constitution, the National resident in any country or place outside India.
Flag, and the National Anthem. 2) Women who are married to citizens of India.
2. to cherish and follow the noble ideals of the freedom 3) Minor children of persons who are citizen of India.
struggle. 4) Persons of full age and capacity who are citizens of a
3. to uphold and protect the sovereignty, unity and country mentioned in the first Schedule to the Act.
integrity of India.
4. to defend the countnj and render national service d) Citizenship by Naturalization
when required. A foreigner, on application for naturalization can
5. to promote common brotherhood and establish acquire Indian citizenship provided he satisfies
dignity of women. certain conditions:
6. to preserve the rich heritage of the nation 's 1) He is not a citizen or subject of a country where
composite culture. Indian citizens are prevented from becoming citizens
7. to protect and improve natural environment. by naturalization.
8. to develop scientific temper, humanism and spirit of 2) He renounces his citizenship of the other country.
inquiry. 3) He has resided and/or bears in Govt. services for 12
9. to safeguard public property and abjure violence. months immediately preceding the date of
10. to strive for excellence in all spheres of individual and application. During 7 years prior to these 12 months,
collective activity. he has resided and/or been in Govt. Service for not
11. who is a parent or guardian to provide opportunities less than 4 years.
for education to his child or, as the case may be, ward 4) He is of good character.
between the age of six and fourteen years. 5) He has an adequate knowledge of a language
recognized by the Constitution of India.
CITIZENSHIP 6) After naturalization he intends to reside in India.
A citizen is a person who enjoys full membership of the 7) If the Central Govt. is of the opinion that the applicant
community or State in which he lives or ordinarily lives. has rendered distinguished service to the cause of
The State demands extra duty from its citizen which Science, philosophy, art, literature, world peace or
cannot be asked to non-citizens. 42nd Constitution human progress generally, it may waive the condition
(Amendment) Act, 1976 has inserted 10 Fundamental for naturalization in his case.
Duties in Article 51-A.

Ways to acquire Indian Citizenship

Constitution of India under Citizenship (Amendment) Act,
1986 provides five ways to acquire citizenship of India.
These five ways are:

a) Citizenship by Birth
Every person born in India on or after 26th Jan 1950
shall be a citizen of India provided either, or both of
his parents are citizens of India at the time of his
birth. However, such a person shall not be a citizen of
India if at the time of his birth:
 His/her father is a foreign diplomat or
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e) Citizenship by incorporation of Territory This means that the value of the vote of an MLA differs
If any new territory becomes a part of India, the Govt. from one state to another.This is done to give equality of
of India shall notify the persons of that territory to be representation in terms of the population.
Indian citizens.
Thus an MP will have the number of votes as determined
The President by this formulae:
Article 52 – There shall be a President of India.
Article 53 – The executive power of the Union shall be The value of vote of an MP = Total votes cast by all the
vested in the President. He shall exercise the executive elected MLAs of 28 States and the two UTs (Delhi &
power directly or through subordinate officers in Pondicherry) / (Total number of elected MPs)
accordance with the constitution.
Thus the President is: This formula is designed to bring parity between the
(1) Executive head of the Republic. votes of all MLAs and those of all MPs.
(2) All the executive actions are taken in his name. The
executive power vested in the President is to be Article 62 of the Constitution provides that an election to
exercised on the aid and advice of the Council of fill a vacancy shall be held as soon as possible after, and in
Ministers [Article 74(1)]. It is obligatory on the part of no case later than six months from, the date of occurrence
President to accept the advice of the council of of the vacancy (if such occurrence of vacancy is caused by
ministers as per the 42ndand 44th Constitutional resignation or death or impeachment or otherwise). It
Amendment Acts. also says that the vacancy caused by the expiration of the
(3) He is the first citizen of India and occupies the first term of office must be completed before the date of
position under the warrant of precedence. Warrant of expiration of the term.
Precedence indicates the hierarchy of positions
occupied by various dignitaries attending a state Qualification for election as President
function. (a) He must be a citizen of India.
(4) He is the Supreme Commander of Armed Forces. (b) He must have completed the age of 35 years.
(c) He must be qualified for election as a Member of the
Election of the President House of the People.
The President of India is elected by indirect election. He is (d) He must not hold any office of Profit under the Govt. of
elected by an electoral college in accordance with the India or the Govt. of any State or under any local or
system of proportional representation by means of the other authority subject to the control of any of the
single transferable vote and the vote being secret. said Govt. However, following persons are not
deemed to be holding any office of profit and hence
Article 54 – they cannot be disqualified for election as the
The Electoral College consists of: President: A sitting President or Vice-President of
(a) The elected members of both houses of Parliament India/Governor of any state/A minister of the
(nominated members are not the members of Union or of any State.
electoral college)
(b) The elected members of the Legislative Assemblies of Eligibility for re-election
the States (including National Capital Territory of A person, who holds or who has held office as President
Delhi and the Union Territory of Pondicherry) shall be eligible for reelection to that office.

Manner of Election of the President Impeachment of the President [Article 61]

The provisions dealing with the manner of election of the (1) The President can be removed from his office before
President of India are provided in Article 55 and the the expiry of his term by the process of impeachment.
President and Vice-President (Elections) Act of 1952, (2) The President can be impeached only for the violation
amended subsequently in 1974. He is elected following of the Constitution.
the system of proportional representation by means of (3) It is a quasi-judicial procedure.
single transferable vote. The formula is provided by (4) The impeachment procedure can be initiated in either
Article 55 of the Constitution: House of the Parliament. The resolution must be
signed by at least 1/4th of the total membership of
Value of vote of an MLA = Total population of the State / the House. Before the resolution could be passed, a 14
(Total number of elected MLAs) x 1000 day notice must be given to the President. Such a
Resolution must be passed by a majority of not less
than 2/3rd of the total membership of the House.
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(5) Then, the other House of Parliament called the action, President can promulgate ordinances which
“Investigating House” investigates the charges by have the same force and effect as laws passed by
itself or cause the charge to be investigated. Parliament.
(6) The President has the right to appear and to be
represented at such investigation to defend him. Executive powers of President
(7) If, as a result of the investigation the other House also The executive powers of President are as follows:
passes a resolution supported by not less than 2/3rd 1. The President appoints the Prime Minister, the
of the total membership of House, the President President then appoints the other members of the
stands removed from his office from the date on Council of Ministers, distributing portfolios to them
which the investigating House passed the resolution. on the advice of the Prime Minister.
Note: The President is responsible for making a wide
(a) The elected members of the legislative assemblies of variety of appointments. These include:
States have no role in the impeachment proceedings,
while they elect the President. Governors of States/The Chief Justice,other judges of
(b) The nominated members of the Parliament have the the Supreme Court and High Courts of India/The
right to deliberate and vote when the resolution of Attorney General/The Comptroller and Auditor
impeachment is under consideration while they have General/The Chief Election Commissioner and other
no vote in the election of the President. Election Commissioners/The Chairman and other
Members of the Union Public Service Commission/
Vacancy filled up with Acting President Ambassadors and High Commissioners to other
(1) In case the office of the President falls vacant due to countries.
death, resignation or impeachment the Vice-President 3. The President is the Commander in Chief of the Indian
or in his absent. Chief Justice of Supreme Court or on Armed Forces.
his absence, senior most Judge of the Supreme Court
becomes President till the fresh election for the Post Financial powers
and new incumbent assumes office. 1. All money bills originate in Parliament, but only if the
President recommends it.
(2) If the President is not able to discharge his duties due 2. He or she causes the Annual Budget and
to sickness or absence due to any other reasons, the supplementary Budget before Parliament.
Vice-President discharges the functions of the 3. The President appoints a finance commission every
President and is entitled to the same salary, five years. The President appoints a finance
allowances and privileges which are available to the commission every five years.
President under the constitution.
Judicial powers
Legislative powers of President 1. The president appoints the Chief Justice of the Union
The legislative Powers of President are as follows: Judiciary and other judges on the advice of the Chief
1. The President summons both the Houses of the Justice.
Parliament and prorogues them. He or she can 2. The President dismisses the judges if and only if the
dissolve the Lok Sabha according to the advice of the two
Council of Ministers headed by the Prime Minister.
2. President inaugurates the Parliament by addressing it
after the general elections and also at the beginning of
the first session each year.
3. All bills passed by the Parliament can become laws
only after receiving the assent of the President. The
President can return a bill to the Parliament, if it is
not a money bill or a constitutional amendment bill,
for reconsideration. When after reconsideration, the
bill is passed and presented to the President, with or
without amendments; President is obliged to assent
to it.
4. The President can also withhold his assent to the bill
thereby exercising pocket veto.
5. When both Houses of the Parliament are not in
session and if Govt. feels the need for immediate
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 Houses of the Parliament pass resolutions to that is qualified for election as a member of the Council of
effect by two-thirds majority of the members present. States (Rajya Sabha).
3. He/she has the right to grant pardon. The President Holds any office of profit under the Govt. of India or a
can suspend, remit or commute the death sentence of State Govt. or any subordinate local authority.
any person.
Pardon - completely absolves the offender Removal of Vice President
Reprieve - temporary suspension of the sentence The Constitution states that the Vice President can be
Commutation - substitution of one form a punishment removed by a resolution of the Rajya Sabha passed by an
for another form which is of a lighter character absolute majority (more than 50% of total membership)
Respite - awarding a lesser sentence on special ground and agreed to by a simple majority (50% of voting
Remission - reducing the amount of sentence without members) of the Lok Sabha (Article 67(a)).
changing its character
Powers and functions of a VP
Diplomatic powers The functions of Vice-President are twofold:
All international treaties and agreements are negotiated 1. He acts as the ex-officio Chairman of Rajya Sabha. In
and concluded on behalf of the President. However, in this capacity, his powers and functions are similar to
practice, such negotiations are usually carried out by the those of the Speaker of Lok Sabha.
Prime Minister along with his Cabinet (especially the 2. He acts as President when a vacancy occurs in the
Foreign Minister). Also, such treaties are subject to the office of the President due to his resignation, removal,
approval of the Parliament. The President represents death or otherwise. He can act as President only for a
India in international forums and affairs where such a maximum period of six months, within which a new
function is chiefly ceremonial. The President may also President has to be elected. Further, when the sitting
send and receive diplomats, ie the officers from the Indian President is unable to discharge his functions due to
Foreign Service. absence, illness or any other cause, the Vice-President
discharges his functions until the President resumes
Military powers his office.
The President is the supreme commander of the defense While acting as President or discharging the functions
forces of India. The President can declare war or conclude of President, the Vice-President does not perform the
peace, subject to the approval of parliament. All important duties of the office of the chairman of Rajya Sabha.
treaties and contracts are made in president's name. During this period, those duties are performed by the
Deputy Chairman of Rajya Sabha.
Emergency powers  If the offices of both the President and the Vice-
The President can declare three types of emergencies: President fall vacant by reason of death, resignation,
national, state and financial. removal etc the Chief Justice of India or in his absence
the seniormost judge of the Supreme Court acts as
Vice President of India President.
The Vice-President is elected by an electoral college  For the first time, during the 15-day visit of Dr.
consisting of members of both Houses of Parliament, in Rajendra Prasad to the Soviet Union in June 1960, the
accordance with the system of proportional then Vice- President Dr. Radhakrishnan acted as the
representation by means of the single transferable vote President.
and the voting in such election is by secret ballot. The  For the first time, in 1969, when the President Dr.
Electoral College to elect a person to the office of the Vice- Zakir Hussain died and the Vice-President V.V. Giri
President consists of all members of both Houses of resigned, the Chief Justice Md. Hidayatullah acted as
Parliament. President.
The Vice-President should not be a member of either
House of Parliament or of a House of a Legislature of any
state. If a member of either House of Parliament or of a
House of a Legislature of any state is elected as Vice-
President, he is deemed to have vacated his seat in that
House on the date he/she enters his office as Vice-
President.
A person cannot be elected as Vice-President unless
she/he-
is a citizen of India has completed the age of 35 years

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 the real executive authority is our politico-administrative
system. Article 74 deals with the status of the council of
ministers while
Article 75 deals with the appointment, tenure,
responsibility, qualification, oath and salaries and
allowances of the ministers.
Note:
The total number of ministers, including the Prime
Minister, in the Council of Ministers shall not exceed 15%
of the total strength of the Lok Sabha. [91st Constitutional
Amendment Act, 2003]
The council of ministers shall be collectively responsible
to the Lok Sabha. A person who is not a member of either
House can also become a minister but he cannot continue
as minister for more than six months unless he secures a
seat in either House of Parliament (by election/
PRIME MINISTER
nomination). [Art. 75(5)]
In the scheme of parliamentary system of government
provided by the Constitution, the President is the nominal
The council of ministers consists of three categories:
executive authority and Prime Minister is the real
Cabinet ministers, ministers of state, and deputy
executive authority. The President is the head of the State
ministers.
while Prime Minister is the head of the government.
Cabinet Ministers: The cabinet ministers head the
important ministries of the Central government like
Appointment of the Prime Minister
home, defence, finance and external affairs.
Article 75 says that the Prime Minister shall be appointed
Ministers of State: The ministers of state can either be
by the President. The President appoints the leader of the
given independent charge of ministries/departments or
majority party in the Lok Sabha as the Prime Minister.
can be attached to cabinet ministers.
But, when no party has a clear majority in the Lok Sabha,
Deputy Ministers: The deputy ministers are not given
then the President may exercise his personal discretion in
independent charge of ministries/departments and
the selection and appointment of the Prime Minister.
always assist the Cabinet or State Minister or both. They
are not members of the cabinet and do not attend cabinet
Term
meetings.
The term of the Prime Minister is not fixed and he holds
Minister may be taken from members of either House and
office during the pleasure of the President. So long as the
minister who is member of one House has the right to
Prime Minister enjoys the majority support in the Lok
speak and take part in the proceedings of the other House
Sabha, he cannot be dismissed by the President. However,
but cannot vote in the House of which he is not member.
if he loses the confidence of the Lok Sabha, he must resign
[Art. 88]
or the President can dismiss him.
PARLIAMENT OF INDIA
Powers and functions of Prime Minister
The House of the People (Lok Sabha)
The powers and functions of Prime Minister can be
The Lok Sabha is the popular house of the parliament
studied under the following heads:
because its members are directly elected by the common
 He recommends persons who can be appointed as
electorates of India. All the members of this House are
ministers by the President.
popularly elected, except not more than two from the
 He can recommend dissolution of the Lok Sabha to Anglo-Indian community, who can be nominated by the
the President at any time. President. In the Constitution, the strength of the Lok
 He is the chairman of the Planning Commission, Sabha is provisioned under Art. 81 to be not more than
National Development Council, National Integration 552 (530 from the States, 20 from the Union Territories
Council, Inter-State Council and National Water and 2 may be nominated from the Anglo-Indian
Resources Council. community). Recently again, the Govt. has extended this
freeze in the Lok Sabha seats till the year 2026 by
Central Council of Minister Constitution (84th Amendment Act, 2001).
As the Constitution of India provides for a parliamentary
system of government modelled on the British pattern, Special Powers of the Lok Sabha
the council of ministers headed by the prime minister is

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There are certain powers, which are constitutionally
granted to the Lok Sabha and not to the Rajya Sabha.
These powers are-
1. Money and Financial Bills can only originate in the
Lok Sabha.
2. In case of a Money Bill, the Rajya Sabha has only the
right to make recommendation and the Lok Sabha
may or may not accept the recommendation. Also, a
Money Bill must be passed by the Upper House within
a period of 14 days. Otherwise, the Bill shall be
automatically deemed to be passed by the House.
Thus, the Lok Sabha enjoys exclusive legislative
jurisdiction over the passage of the Money Bills.
3. The Council of Ministers are responsible only to the
Lok Sabha and hence the Confidence and No-
confidence motions can be introduced in this House
only. Special powers of the Speaker
4. Under Art. 352, the Lok Sabha in a special sitting can There are certain powers which belong only to the
disapprove the continuance of a national emergency Speaker of Lok Sabha while similar powers are not
proclaimed by the President, even if the Rajya Sabha available to his counterpart in tine upper house, i.e. the
rejects such a resolution. Chairman of Rajya Sabha. These are-
1. Whether a Bill is Money Bill or not is certified only by
Tenure of the Lok Sabha the Speaker and his decision in this regard is final and
The normal tenure of the Lok Sabha is five years. But the binding.
House can be dissolved by the President even before the 2. The Speaker, or in his absence, the Deputy Speaker,
end of the normal tenure. Also, the life of the Lok Sabha presides over the joint-sittings of the parliament.
can be extended by the Parliament beyond the five-year 3. The committees of parliament function essentially
term during the period of national emergency proclaimed under the Speaker and their chairpersons are also
under Art. 352. appointed or nominated by him. Members of the
Rajya Sabha are also present in some of these
Qualifications for the membership of Lok Sabha committees.
4. If the Speaker is a member of any committee, he is the
To become a member of the Lok Sabha, the person must: ex-officio chairman of such a committee.
1. be a citizen of India.
2. be not less than 25 years of age. Special position of the Speaker
3. be a registered voter in any of the Parliamentary The Constitution has given a special position to the office
constituencies in India. of the Speaker.
4. should not hold any office of profit 1. Though he is an elected member of the Lok Sabha, he
5. Should not be insolvent continues to hold his office even after the dissolution
6. Should not be mentally unsound. of the
2. House till a new Lok Sabha is constituted. This is
Speaker and Deputy Speaker of Lok Sabha because he not only presides and conducts the
The Speaker is the parliamentary proceedings but also acts as the Head
1) Chief presiding officer of the Lok Sabha. of the Lok Sabha Secretariat which continues to
2) The Speaker presides over the meetings of the House function even after the House is dissolved.
and his rulings on the proceedings of the House are 3. The Speaker presides over the joint sitting of the two
final. Houses of the Parliament
3) The Speaker and Deputy Speaker may be removed 4. Speaker certifies a Bill as Money Bill and his decision
from their offices by a resolution passed by the House is final in this regard.
by an effective majority of the House after a prior 5. The Speaker is ex-officio President of Indian
notice of 14 days to them. Parliamentary Group which in India functions as the
4) The Speaker, to maintain impartiality of his office, national group of Inter-parliament Union.
votes only in case of a tie i.e to remove a deadlock and
this is known as the Casting Vote. Pro tem Speaker

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As provided by the Constitution, the Speaker of the last for a period of 14 days only after which it is deemed to be
Lok Sabha vacates his office immediately before the first passed.
meeting of the newly elected Lok Sabha. Therefore, the
President appoints a member of the Lok Sabha as the Pro Exclusive Functions of Rajya Sabha
tem Speaker. Usually, the seniormost member is selected The Rajya Sabha, under Article 249, may by a special
for this. The President himself administers oath to the Pro majority of two-thirds votes adopt a resolution asking the
tem Speaker. Parliament to make laws on subjects of the State list, in
The Pro tem Speaker has all the powers of the Speaker. He the national interest.
presides over the first sitting of the newly elected Lok This resolution gets due attention from the Parliament.
Sabha. His main duty is to administer oath to the new The resolution remains valid for one year only which
members. however can be extended further in terms of another one
year.
RAJYA SABHA Secondly, Rajya Sabha can take steps to create All India
The Rajya Sabha (RS) or Council of States is the upper Services by adopting resolutions supported by special
house of the Parliament of India. Membership is limited to majority in the national interest.
250 members, 12 of whom are nominated by the Thirdly, Rajya Sabha has the exclusive right to initiate a
President of India for their contributions to art, literature, resolution for the removal of the Vice-President. This
science, and social services. becomes the exclusive right of the Rajya Sabha because
The remainder of the body is elected by the state and the Vice-President happens to be its Chairman and draws
territorial legislatures. Members sit for six-year terms, his salary as such.
with one third of the members retiring every two years.
The Rajya Sabha meets in continuous sessions and, unlike DIFFERENT TERMS RELATED TO PARLIAMENT
the Lok Sabha, the lower house of Parliament, is not
subject to dissolution. The Vice President of India a) Summoning
(currently, Hamid Ansari) is the ex-officio Chairman of the The President from time to time summons each House of
Rajya Sabha, who presides over its sessions. The Deputy Parliament to meet. But, the maximum gap between two
Chairman who is elected from amongst the RS's members, sessions of Parliament cannot be more than six months. In
takes care of the day-to-day matters of the house in the other words, the Parliament should meet at least twice a
absence of the Chairman.The Rajya Sabha held its first year. There are usually three sessions in a year:
sitting on 13 May 1952.  the Budget Session (February to May);
 the Monsoon Session (July to September); and
Leader of the House  the Winter Session (November to December).
Besides the Chairman (Vice-President of India) and the The period between the prorogation of a House and its
Deputy Chairman, there is also a function called Leader of reassembly in a new session is called ‘recess’.
the House. This is a cabinet minister - the prime minister
if he is a member of the House, or another nominated b) Joint Sitting
minister. The Leader has a seat next to the Chairman, in Under Article 108, there is a Provision of Joint sitting of
the front row. both the Houses of the Parliament.
The Lok Sabha speaker presides over the joint sitting [Art.
MEMBER 118(4)].
A person in order to be elected to the Rajya Sabha must There are only three occasions in the history of Indian
(a) be a citizen of India, Parliament that the joint sessions of the Parliament took
(b) be 30 years of age on more, place. They are as follows:
(c) not be holding any office of profit under the central or (i) In May 1961, for Dowry Prohibition Bill, 1959.
state Govt. or local body and (ii) In May 1978 for Banking Services Commission.
(d) posses all other qualification prescribed by the act of (iii) In 2002 for POTA (Prevention of Terrorism Act).
parliament from time to time.
Joint sitting of both Houses can be convened on two
Powers of Rajya Sabha occasions:
So far as powers of Rajya Sabha is concerned it enjoys co- (i) For resolving any deadlock over the passage of a Bill.
equal power with the Lok Sabha in respect of all bills (ii) Special address by the President at the
other than money bill. In case of Money Bills Rajya Sabha commencement of the first session after each general
has no powers Money Bills can only be introduced in the election of the Lok Sabha; First Session of each year (the
Lok Sabha. When it comes to the Rajya Sabha after being Budget Session).
passed by the Lok Sabha, the former can keep it maximum
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Note: Joint sitting cannot be called for resolving deadlock Parliament (Disqualification of members) Act 1959,
regarding “Money Bill” and “Constitution Amendment which exempts certain officers of profit whose
Bill”. holders shall not be disqualified from being members
of Parliament.
c) Prorogation Article 102(1) (b): If the Member of Parliament is of
The presiding officer (Speaker or Chairman) declares the unsound mind and stands so declared by the court of
House adjourned sine die, when the business of a session law
is completed. Within the next few days, the President Article 102(1) (c): If he is a discharged insolvent
issues a notification for prorogation of the session. declared by court of law.
However, the President can also prorogue the House Article 102(1) (d): If he is not a citizen of India or has
while in session. acquired the citizenship of a foreign state or is under
any acknowledgement of allegiance to a foreign state.
d) Adjournment Article 102(2): If a person is disqualified being a
This is a short recess within a session of the Parliament, Member of Parliament under anti-Defection Law
called by the presiding officer of the House. Its duration (Tenth Schedule).
may be from a few minutes to days together.
Legislative procedures in Parliament
e) Adjournment sine die The legislative procedure is identical in both the Houses
When the House is adjourned without naming a day for of Parliament. Every bill has to pass through the same
reassembly, it is called adjournment sine die. stages in each House. A bill is a proposal for legislation
and it becomes an act or law when duly enacted.
Grounds for disqualification of members of
Parliament Bills introduced in the Parliament are of two kinds: public
There are five grounds for disqualification of Member of bills and private bills (also known as government bills
Parliament. and private members’ bills respectively). Though both are
� Article 102(1) (a): A Member of Parliament shall be governed by the same general procedure and pass
disqualified from being a member of House, if he through the same stages in the House, they differ in
holds any office of profit under state other than an various respects.
office declared by Parliament by law not to disqualify
its holder. If he holds an office of profit under state, BILLS IN PARLIAMENT
there emerges a clash of interest and duty. Interest The four kinds of bills mentioned in the Constitution are:
will prevail over duty. The Parliament enacted the
Ordinary Bill Financial Bill
Money Bill Constitutional Amendment Bill
Ordinary Bill (3) The custody of the Consolidated Fund of India or
Any bill other than Money, Financial or Constitution Contingency fund of India or deposition or
Amendment bill is called an Ordinary bill. It can be withdrawal of any money from any such funds.
introduced in either Houses of the Parliament. It does (4) The appropriation of the money out of the
not need the recommendation of the President for its Consolidated Fund of India.
introduction in Parliament (except a bill under article (5) Declaring any expenditure as charged on the
3). It is passed by a simple majority by both the Houses. Consolidated Fund of India.
They enjoy equal legislative powers over the passage of (6) The receipt of money on the account of consolidated
an ordinary bill. If there is a deadlock over the bill it can Fund of India or Public Account of India.
be resolved in a joint sitting of both the Houses of (7) Any matter that is incidental to the above matters.
Parliament.
Appropriation – Authorize someone to withdraw and
Money Bill spend withdraw you withdraw and spend.
A bill that deals exclusively with money matters that are A money bill can be introduced only in Lok Sabha on the
mentioned in Article 110 in Constitution is called a recommendation of the President. It is passed by a
Money Bill. These Money matters are: simple majority by both the Houses of Parliament. The
(1) Imposition, abolition or alternation of any tax. Lok Sabha enjoys overriding legislative power in the
(2) The borrowing of any money or giving any passage of a money bill and Rajya Sabha cannot reject
guarantee by the Govt. of India. or approve a money bill by virtue of its own legislative
power. Any money bill shall bear the certificate of
speaker that it is a money bill. The Speaker’s decision in
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this regard is final and binding and cannot be  Absolute Veto
questioned in any court of law. It refers to the power of the President to withhold his
A money bill is transmitted to Rajya Sabha after it has assent to a bill passed by the Parliament. The bill then
been passed by Lok Sabha. The Rajya Sabha can exercise ends and does not become an act. Usually, this veto is
any of the following four options: exercised in the following two cases:
(i) It also passes the bill. a) With respect to private members’ bills; and
(ii) It rejects the bill outright – upon being rejected the b) With respect to the government bills when the
bill is deemed to have been passed by both the cabinet resigns (after the passage of the bills but
Houses. before the assent by the President) and the new
(iii) The Rajya Sabha does not pass the bill for 14 days, cabinet advises the President not to give his assent
then on the expiry of 14th day after having received to such bills.
the bill it is deemed to have been passed by both the
Houses.  Suspensive Veto
(iv) The Rajya Sabha suggests amendments to the bill, The President exercises this veto when he returns a bill
the bill then goes back to the power House. If the for reconsideration of the Parliament. However, if the
Lok Sabha accepts one or more of the amendment bill is passed again by the Parliament with or without
then the bill is deemed to have been passed in that amendments and again presented to the President, it is
form on the other hand if Lok Sabha rejects the obligatory for the President to give his assent to the bill.
amendment then the bill is deemed to have been The President does not possess this veto in the case of
passed in its original form. money bills.
There is no deadlock between the Houses over the
passage of a money bill. When a money bill is presents  Pocket Veto
to the President, under the Constitution he shall declare In this case, the President neither ratifies nor rejects
that he give assent or withhold assent. nor returns the bill, but simply keeps the bill pending
for an indefinite period. This power of the President not
Financial Bill to take any action (either positive or negative) on the
A Bill apart from dealing with one or more money bill is known as pocket veto. There is no time limit for
matters if also deals with one or more non-money the President to give comment on bills under this veto.
matters then it is called a financial Bill. It is introduced
in the same manner as that of money Bill. Since it Emergency provisions in India
contains non-money matters after its introduction, it is
passed in same manner an ordinary bill is passed. Emergency provisions are adopted in India from
Weimar Constitution of Germany.
Constitutional Amendment Bill In Indian constitution there are three kind of emergency
A bill introduced under article 368 to amend one or provisions:
more provisions of the Constitution is called a (1) Article 352 – National Emergency
Constitutional Amendment Bill. It can be introduced in (2) Article 356 – President’s Rule
either House of the Parliament. It does not require the (3) Article 360 – Financial Emergency
recommendation of President for its introduction. It
shall be passed by both the House of the Parliament National Emergency (Article 352)
sitting separately by majority of not less than 2/3rd of
members present and voting and a majority of total
strength of the House. The Constitution does not
provide for a joint sitting of both the Houses of the
Parliament if a deadlock develop between the two
Houses over the passage of a Constitutional Amendment
Bill.

Veto power of the President:

A bill passed by the Parliament can become an act only
if it receives the assent of the President. However, the
President has the veto power over the bills passed by
the Parliament, i.e. he can withhold his assent to the
bills.

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a) If the President is satisfied that there exist a grave Such an approval by the Parliament needs only simple
emergency whether due to war or external Majority. If Lok Sabha stands dissolved then Rajya
aggression or armed rebellion, then President can Sabha shall have to approve it within 2 months and Lok
proclaim emergency to that effect. Such a Sabha shall approve it within 1 month of its
proclamation can be made for the whole of India or reconstitution. However, Parliament can extend it for a
any part thereof. The President can proclaim further period of 6 months only.
National Emergency only on the written advice of
the Cabinet. If it has to approve beyond 1 year then two conditions
b) The President has power to revoke or modify the shall have to be satisfied.
National Emergency. All such proclamations of There shall be National Emergency in force either in
Emergency shall have to be sent to Parliament for whole of the State concerned on in part thereof.
approval and it ceases to be operational if not Election Commission is satisfied that under
approved within 1 month of the proclamation of prevailing conditions general election to State
Emergency. Such approval by Parliament is to be on Legislative Assembly of the State concerned cannot
the basis of Special Majority of not less than 2/3rd be held.
of members present and voting and the majority of But under no circumstances, State Emergency cannot be
the House. Emergency shall be imposed for not extended beyond 3 years. To extend it further,
more than 6 months from the date of approval. constitutional amendment is required.
c) At the expiry of 6 months it ceases unless approved
by Parliament again. If Lok Sabha is dissolved then Financial Emergency
proclamation of Emergency, it must be approved by Under Article 360 the President enjoys the power to
the Rajya Sabha within 1 month and reconstituted proclaim the financial Emergency. If he is satisfied that a
Lok Sabha must approve within 1 month of its situation has arisen that financial stability and credit of
reconstitution. India or any part thereof is threatened he may proclaim
d) Lok Sabha enjoys powers to disapprove continuation emergency to that effect.
of Emergency at any stage. In such case if not less All such proclamations:
than 1/10th of members (55) of Lok Sabha give in (a) Can be varied or revoked by the President.
writing to the Speaker if Lok Sabha is in session or (b) Financial Emergency must be approved by the
to the President if Lok Sabha is not in the session, Parliament within 2 months after its proclamation.
expressing intention to more resolution for the Once it is approved, it will remain till the President
disapproval of National Emergency. Then special revokes it.
session of Lok Sabha shall be convened within 14
days. If Lok Sabha disapproves continuance of Effects of Financial Emergency
National Emergency then President shall have to (1) President is empowered to suspend the distribution
revoke National Emergency. of financial resources with States.
(2) President can issue directions to States to follow
Emergency in States on President’s Rule (Article canons of financial propriety.
356) (3) He can direct State Govt. to decrease salaries
Under Article 356 if the President is satisfied on the allowances of Civil Servants and other
report of Governor or otherwise that there exists a Constitutional dignitaries.
grave situation in a State where the administration of (4) President can direct the Govt. to resume all the
the State cannot be carried out in accordance with financial and Money Bills passed by legislature for
provisions of Constitution, than he can: his consideration. The President can issue
(a) Takeover the administration of the State himself and directions for the reduction of salaries and
(b) Notify that the Parliament shall exercise jurisdiction allowances of Judges of the Supreme Court and the
over State subject for the State concerned, the High Courts.
President cannot take over the powers conferred on
the High Courts of State concerned. STATE LEGISLATURE
Every proclamation made under Article 356 ceases to
be in operation unless approved by both Houses of the The State Legislature Legislative Assembly (Vidhan
Parliament within 2 months after its proclamation. Sabha)
Once, approved by Parliament, Emergency shall be The Vidhan Sabha or the Legislative Assembly is the
enforced for not more than 6 months from the date of lower house of the state legislature in the different
proclamation by the President. states and for the two of the union territories, Delhi and
Pondicherry. Members of a Vidhan Sabha are direct
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representatives of the people of the particular state as India have a Legislative Council: Andhra Pradesh,
they are directly elected by the adult suffrage. Each Bihar, Jammu and Kashmir, Karnataka,
Vidhan Sabha is formed for a five year term after which Maharashtra, and Uttar Pradesh.
all seats are up for election. The maximum size of
Vidhan Sabha is not more than 500 members and not Qualification to be a member of Vidhan Parishad
less than 60. However, the size of the Vidhan Sabha can Eligibility criteria to be the member of Vidhan Parishad:
be less than 60 members through an Act of Parliament, She/he must be citizen of India
such is the case in the states of Goa, Sikkim and She/he must have attained at least 30 years of age
Mizoram. The Governor can appoint one member to She/he must be mentally sound,
represent the Anglo-Indian community if he or she finds She/he must not be a bankrupt
that community to not be adequately represented in the She/he must be listed the voters' list of the state for
House. which he or she is contesting an election.

Qualification to be a member of Vidhan Sabha Election of members of Legislative Council

1. To become a member of a Vidhan Sabha: One-third of the members are elected by members
2. A person must be a citizen of India of local bodies such as corporations, municipalities,
3. She/he must have attained 25 years of age. and Zilla Parishads.
4. She/he should be mentally sound and should not be One-third of the members are elected by members
bankrupt. of Legislative Assembly from among the persons
5. She/he should also state an affidavit that there are no who are not members of the Assembly.
criminal procedures against him. One-twelfth of the members are elected by the
persons who are graduates of three years' standing
Vidhan Sabha via-a-vis Lok Sabha residing in that state.
The position of Vidhan Sabha is relatively stronger than One-twelfth are elected by persons engaged for at
Lok Sabha when it comes to the relation with the least three years in teaching in educational
respective upper houses. The following are institutions within the state not lower than
differences in the legislative procedures: secondary schools, including colleges and
1. As regard to Money Bills the position of Vidhan Sabha universities.
is same as that of Lok Sabha. The upper houses at One-sixth are nominated by the governor from
Union and at the states have no powers for the persons having knowledge or practical experience
amendments or to withhold the Bill for the period in fields such as literature, science, arts, the co-
for more than 14 days from the date of receipt of operative movement and social service.
the Bill.
2. In case of Bills other than money Bills the position of Governor
Vidhan Sabha is stronger as compared to Lok Sabha. The Governor is merely appointed by the President
While disagreement between the two Houses of the which really means, by the Union Council of Ministers.
Union Parliament is resolved by The Governor holds office during the pleasure of the
“Joint Sitting”, there is no such provision of solving the President, there is no security of his tenure. He can be
deadlock at the state level. The will of the Vidhan removed by the President at any time. There is no
Sabha shall ultimately prevail. The upper house at impeachment process for removal of Governors as
the state level can just delay the bill for the prescribed in constitution in the case of President.
maximum period of 4 months i.e. 3 months in first
journey and 1 month in second journey. The powers of Governors
3. While the period for passing a Bill (other than money Executive Powers
Bill) from Rajya Sabha is six months is the case of The Governor appoints the Chief Minister who
Legislative Councils it is just three months. enjoys the support of the majority in the Vidhan
Sabha.
Legislative Council (Vidhan Parishad) The Governor also appoints the other members of
The Legislative Council is a permanent body that cannot the Council of Ministers and distributes portfolios to
be dissolved; each Member of the Legislative them on the advice of the Chief Minister.
Council (MLC) serves for a six-year term, with terms He/she also appoints the Advocate General and the
staggered so that the terms of one-third of a chairman and members of the State Public Service
Council's members expire every two years. This Commission.
arrangement parallels that for the Rajya Sabha, the The Governor appoints the judges of the District
upper house of the Parliament of India. Six states in Courts.
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 Governor’s power of Veto
Legislative Powers When a Bill is presented before the Governor after its
The Governor summons the sessions of both houses passage by the house(s) of the state legislature, the
of the state legislature and prorogues them. Governor may take any of the following steps:
The Governor inaugurates the state legislature by 1. He may declare his assent to the Bill
addressing it after the assembly elections and also 2. He may declare that he withholds his assent to the
at the beginning of the first session every year. Bill
The Governor can even dissolve the Vidhan Sabha. 3. He may (in case of a Bill other than money Bill),
These powers are formal and the Governor while return the Bill with a message
using these powers must act according to the advice 4. The Governor may also reserve a Bill for the
of the Council of Ministers headed by the Chief consideration of President
Minister. The President enjoys absolute veto in the case of
The Governor's address on these occasions Bills reserved for him by the Governors. The
generally outlines new policies of the state Govt. president may act in the following manner:
A bill that the state legislature has passed can 1. In case of money Bill President may either declare
become a law only after the Governor gives assent. his assent or withhold his assent.
The Governor can return a bill to the state 2. In the case of Bills other than money Bill the
legislature, if it is not a money bill, for President apart from declaring his assent or
reconsideration refusing it, direct the Governor to return the Bill to
The Governor has the power to reserve certain bills the Legislature for recommendations in such cases.
for the President.
When the state legislature is not in session and the Local Self-Governance
Governor considers it necessary to have a law, then
the Governor can promulgate ordinances. Panchayati Raj
The Panchayati Raj System is the first tier or level
Financial Powers of democratic government.
Money bills can be introduced in the State The term Panchayati Raj in India signifies the
Legislative Assembly only on the prior system of rural local self-government. It was
recommendation of the Governor. constitutionalized through the 73rd Constitutional
Governor also causes to be laid before the State Amendment Act of 1992.
Legislature the annual financial statement which is The development of the village was the immediate
the State Budget. problem faced by our country after independence.
Further no demand for grant shall be made except Hence the Community Development Programme
on his/her recommendation. was launched in 1952 with a view to carrying out
He can also make advances out of the Contingency the integral rural development work.
Fund of the State to meet any unforeseen Rajasthan was the first state to set up Panchayati
expenditure. Raj System in 1959 followed by Andhra Pradesh.
Governor constitutes the State Finance Commission
Main Provisions of 73rd Amendment Act
Discretionary Powers  This act has added a new Part-IX to the
There are situations when the Governor has to act as Constitution of India.
per his/her own judgment and take decisions on his  It is entitled as ‘The Panchayats’ and consists of
own. Such powers are called discretionary Powers: provisions from Articles 243(A) to 243 (O). In
When no party gets a majority in the Vidhan Sabha, addition, the act has also added a new Eleventh
the Governor can either ask the leader of the single Schedule to the Constitution. It contains 29
largest party or the consensus leader of two or functional items of the panchayats.
more to form the Govt.. The Governor then appoints  Fixing tenure of five years for Panchayats at all
the leader of the largest party to Chief Minister. levels and holding fresh elections withing six
The Governor can send a report to the President months in the event of supersession of any
informing him or her that the State's constitutional Panchayat.
functioning has been compromised and  Reservation of 1/3 seats (both members and
recommending the President impose "President's chiarpersons) for women in Panchayats at all the
rule" upon the state. levels.
Governor can reserve any Bill for the President.  The Act provides for a three-tier systerm of the
Panchayati Raj in the states namely:
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(i) Gram Panchayat at the Village level. This act has added a new Part IX-A to the Constitution
(ii) Panchayat Samiti at the Block level. of India. It consists of provisions from Articles 243-P to
(iii) Zila Parishad at the District level. 243-ZG. In addition, the act has also added a new
Twelfth Schedule to the Constitution.
Compulsory Provisions for Panchayati Raj The Amendment has added 18 new Articles relating
Institutions to urban local bodies in the Constitution.
1. Organisation of Gram Sabha in a village or group of The institutions of self government are called by a
villages. general name “Municipalities”.
2. Establishment of Panchayats at the village,
intermediate and district levels. Three Types of Municipalities: The act provides for
3. 21 years to be the minimum age for contesting the constitution of the following three types of
elections to Panchayats. municipalities in every state:
4. Reservation of seats (both members and A nagar panchayat for a transitional area, that is, an
chairpersons) for SCs and STs in Panchayats at all area in transition from a rural area to an urban area.
the three levels. A municipal council for a smaller urban area.
5. Reservation of one-third seats (both members and A municipal corporation for a larger urban area.
chairpersons) for women in Panchayats at all the
three levels. Composition: All the members of a municipality shall
6. Fixing tenure of five years for Panchayats at all be lected directly by the people of the municipal area.
levels and holding fresh elections within six months For this purpose, each municipal area shall be divided
in the event of supersession of any Panchayat. into territorial constituencies to be known as wards.
7. Establishment of a State Election Commission for The state legislature may provide the manner of
conducting elections to the Panchayats. election of the chairperson of a municipality.
8. Constitution of a State Finance Commission after
every five years to review the financial position of Reservation of Seats: The act provides for the
the panchayats. reservation of seats for the scheduled castes and the
scheduled tribes in every municipality in proportion of
Organisational Struture their population to the total population in the municipal
(i) Gram Panchayat at the Village level area. Further, it provides for the reservation of not less
The members of the Gram Panchayat are elected by the than one-third of the total number of seats for women
Gram Sabha. The Pradhans (Presidents) of the Gram (including the number of seats reserved for woman
Sabha are the ex-officio members of the Gram belonging to the SCs and the STs).
Panchayat. Note: Gram Sabha means a body consisting
of persons registered in the electoral roles relating to a Duration of Municipalities: The act provides for a five
village comprised within the area of Panchayat at the year term of office for every municipality. However, it
village level. can be dissolved before the completion of its term.
(ii) Panchayat Samiti at the Block level
The Panchayat Samiti has many Gram Panchayats under Supreme Court of India
it. All the Presidents of the Panchayats within the Block Supreme Court of India is the highest judicial forum and
are the ex officio members of the ‘Panchayat Samitis’. final court of appeal. According to the Constitution of
(iii) Zila Parishad at the District level
 Zila Parishad is an apex body under the Panchayati
Raj. It co-ordinates the activities of the various
Panchayat Samitis.
 Zila Parishad actually makes developmental plans at
the district level.
 With the help of Panchayat Samitis, it also regulates
the money distribution among all the Gram
Panchayats.

Urban Local Governance

The term ‘Urban Local Government’ in India signifies
the governance of an urban area by the people through
their elected representatives.
74th Amendment of 1992
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India, the role of the Supreme Court is that of a federal a serving judge of the High Court and the third
court and guardian of the Constitution. member can be an eminent jurist.
� The Court divided the entire process of removal of a
Composition of Supreme Court judge into two parts mainly Judicial Act and Political
Under Article 124(1) the constitution originally Act. Whenever the authority concerned does not
provided for 1 Chief Justice of India and not more than 6 enjoy discretionary power it is called Judiciary act
other judges. The constitution authorizes the and the judge concerned does not enjoy the right to
Parliament to provide by law in fixing the Strength of be heard in such cases.
the judges of the Supreme Court.
The Parliament passed the Supreme Court (Number of The judicial parts consist of:
Judges) thus accordingly, a Constitutional Amendment 1. The presiding officer appointing a three member
Act in 2008 has increased the strength of Supreme judicial committee.
Court to 31 (1 Chief Justice + 30 other judges). 2. Judicial committee investigating the charges.
3. The President passing the order of removal of a
Qualification to be a judge of Supreme Court Judge
1. A person must be a citizen of India
2. He/she must have been, for at least five years, a Whereas the political parts consist of:
Judge of a High Court or of two or more such Courts 1. Introduction of resolution in Parliament.
in succession 2. Houses of Parliament passing the resolution.
3. Or an Advocate of a High Court or of two or more The Court also clarified that the Parliament is not bound
such Courts in succession for at least ten years to pass the resolution even if the judicial committee
4. Or the person must be, in the opinion of the establish proof of misbehavior or incapacity. However,
President, a distinguished jurist. if the Judicial Committee failed to provide proof of
misbehavior or incapacity, the Parliament cannot take
Removal of judges of Supreme Court up the resolution process further.
Article 124(4) provides for the removal of a judge of the
Supreme Court. He is removed by the President upon an SUPREME COURT IN INDIA(JURISDICTION)
address by both the Houses of the Parliament supported
by a majority of not less than 2/3rd of members present The Supreme Court of India is the highest judicial forum
and voting and a majority of total strength of the House and final court of appeal as established by Part V,
on the ground of misbehavior or incapacity. Chapter IV of the Constitution of India. Articles 124 to
147 of the Constitution of India lay down the
The President shall pass the order of removal in the composition and jurisdiction of the Supreme Court of
same session in which the Parliament passed the India. The Supreme Court has Original
resolution. Article 124(5) confers the power on the jurisdiction, Appellate jurisdiction and Advisory
Parliament to provide by law for the procedure for the jurisdiction. The Supreme Court is the highest appellate
Presentation of an address and for the investigation for court which takes up appeals against the verdicts of
proof of misbehavior or incapacity of a judge. the High Courts and other courts of the states and
Accordingly the Parliament passed Judges (Inquiry) Act territories.
1968 which states that a resolution seeking the removal
of a judge of The Supreme Court has the power to transfer the cases
Supreme Court can be introduced in either House of from one High Court to another and even from one
Parliament. District Court of a particular state to another District
�It should be supported by not less than 100 member of Court of the other state. The Supreme Court has the
Lok Sabha. power of Constitutional review. The Supreme Court of
� If it is to be introduced in Rajya Sabha it should be India held its inaugural sitting on 28 January 1950.
supported by no less than 50 members of Rajya
Sabha. Salary-Article 125 of the Indian Constitution leaves it to
�Once the resolution is initiated in either house of the the Indian Parliament to determine the salary, other
parliament, the presiding officer of that House shall allowances, leave of absence, pension, etc. of the
appoint a three member Judicial Committee to Supreme Court judges. However, the Parliament cannot
investigate into charges and provide proof of alter any of these privileges and rights to the judge's
misbehavior or incapacity. disadvantage after his appointment. A judge gets
� The judicial committee shall be headed by a serving 90,000 and the Chief Justice gets a sum of 1,00,000.
judge of the Supreme Court. Second member can be
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Some Important Points on SC 1) The High Court is at the apex of the judicial
1. The first woman judge of the Supreme Court was administration of the state.
Justice Fatima Beevi in 1987. However, there has 2) Art 214 of the Constitution provides that there shall
been no female Chief Justice be a High Court for each state of the Indian union.
2. Ad hoc Judges: But the Indian Parliament is empowered to
a) Ad hoc Judges are non-Supreme Court judges who establish a common High Court for two or more
sit in the Supreme Court when there is insufficient states and to extend the jurisdiction of a High Court
quorum to perform the judicial duties. to a union territory. Similarly, Parliament can also
b) Ad hoc Judges are appointed by the Chief Justice reduce the area of jurisdiction of a High Court.
after obtaining consent from the President. 3) The High Court consists of a Chief Justice and some
c) Serving(HC) and retired(SC & HC) judges of the other Judges. The number of judges is to be
Supreme Court (and High Courts) can sit and act as determined by the President of Indian from time to
ad hoc Judges of the Supreme Court. time.
d) Only such persons can be appointed as ad hoc 4) The Chief Justice of a High Court is appointed by the
Judges who are qualified to be appointed as a President in consultation with the Chief Justice of
regular Judge of the Supreme Court the Supreme Court and the Governor of the state
3. The Chief Justice administers the oath infront of the concerned. The procedure for appointing other
President. judges is the same except that the Chief Justice of
4. The first Chief Justice of India was H J Kania (1950 – the High Court concerned is also consulted. HC
1951). JUDGE hold office until they attain the age of 62
5. The shortest tenure was for K N Singh (Nov 1991 – years and are removed from office in the same
Dec 1991, UP) manner as a judge of the Supreme Court.
6. The longest tenure was for Y V Chandrachud (1978
– 1985, Bombay) Qualification
A person shall be qualified for appointment as a judge of
JURISDICTION OF THE SUPREME COURT: the High Court if
(a) he is a citizen of India,
a) Original Jurisdiction: (b) has for at least ten yeas held a judicial office in the
1. Original Jurisdiction means that certain types of territory of India, or
cases can originate with the Supreme Court only (c) has for at least ten years been an advocate of a High
2. The Supreme Court has original jurisdiction in Court, or of two or more such courts in succession.
a) Disputes between the Centre and one or more Every judge of the High Court before entering upon his
states. office shall make and subscribe before the Governor of
b) Disputes between the Centre and any state(s) on the state, an oath of affirmation in the form prescribed
one side and one or more states on the other side. by the Constitution.
c) Disputes between two or more states.
d) Disputes regarding the enforcement of Removal of judges
Fundamental Rights. A judge of the High Court shall hold office until he
attains the age of 62 years. A judge may resign from his
b) Appellate Jurisdiction: office by writing under his hand to the president of
Appellate Jurisdiction means that appeals against India. He can also be removed by the President of India
judgements of lower courts can be referred to SC as the on the ground of proved misbehavior or inefficiency if a
Supreme Court is the highest court of appeal in the resolution to that effect is passed by both the Houses of
country. Parliament by a two-thirds majority of the total
members present and voting, supported by a majority
c) Advisory Jurisdiction: of the total membership of each house.
1. Advisory Jurisdiction refers to the process where
the President seeks the Court’s advice on legal Jurisdiction of a HC
matters.
2. If the President asks for advice from the Supreme The High Court has Original jurisdiction in such
Court, the Court is duty-bound to give it. However, it matters as writs and Appellate jurisdiction over all
is not binding on the President to accept the advice. subordinate courts in their jurisdiction. Every High
court has the power to issue to any person or authority
HIGH COURT including any Govt. within its jurisdiction, direction, or
orders including writs which are in the nature of habeas
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corpus, mandamus prohibition, qua-warranto and Types of Writs:
certiorari or any of them for enforcement of 1. Writ of Habeas Corpus :
fundamental rights conferred by part III of the (a) Habeas Corpus means ‘you may have the body’.
constitution and for any other purpose. (b) This ensures that a prisoner can be released from
1) Election petitions challenging the elections of unlawful detention—that is, detention lacking
Members of Parliament or member of State sufficient cause or evidence.
Legislative Assembly or other local bodies can 2. Writ of Quo Warranto :
be filed in the concerned High Court. (a) The meaning of the term Quo Warranto is ‘by what
2) The High Courts have Appellate jurisdiction in authority’.
both civil and criminal cases against the (b) The writ shall be issued only when the public office
decisions of lower courts. is held by a particular person in an illegal manner.
(c) If a person has usurped a public office, the Court
Under Revisory jurisdiction, the High Court is may direct him not to carry out any activities in the
empowered to call for the records of any court to office or may announce the office to be vacant.
satisfy itself about the correctness of the legality of
the orders passed. This power may be exercised on the 3. Writ of Mandamus :
petition of the interested party or it can suo moto call (a) A writ of mandamus is an order issued by a superior
for the records and pass necessary orders. court to a lower court or other entity commanding
the lower court, corporation or public authority to
All Courts excepting tribunals dealing with the Armed perform or not perform specific acts.
forces, are under the supervision of the High (b) It cannot be issued to compel an authority to do
Court.Tribunals dealing with the Armed forces are not something against statutory provision.
under the supervision of HC. (c) For example, it cannot be used to force a lower
court to reject or authorize applications that have
This power is enjoyed under Art 227 of the been made, but if the court refuses to rule one way
Constitution. Thus administration of the state's or the other then a mandamus can be used to order
judiciary is the essential function of the High Court. the court to rule on the applications

Writs in Indian Constitution 4. Writ of Certiorari :

As per the Right to Constitutional Remedies-Articles 32- (a) It is a writ (order) of a higher court to a lower court
35, A citizen has right to move to the courts for securing to send all the documents in a case to it so the
the fundamental rights. Citizens can go to the Supreme higher court can review the lower court’s decision.
Court or the high Courts for getting their fundamental (b) It is a writ seeking judicial review.
rights enforced. It empowers the Courts to issue (c) The granting of this writ does not necessarily mean
directions or orders or writs for this purpose. Writs are that the Supreme Court disagrees with the decision
issued for enforcement of FUNDAMENTAL RIGHTS BY of the lower court. Granting a writ of certiorari
EITHER SC or HC. means merely that at least four of the justices have
determined that the circumstances described in the
petition are sufficient to warrant review by the
Court.

5. Writ of Prohibition :
(a) A writ of prohibition is issued primarily to prevent
an inferior court from exceeding its jurisdiction.
, or acting contrary to the rule of natural justice, for
example, to restrain a Judge from hearing a case in
which he is personally interested.
(b) These Writs are issued as “alternative” or
“peremptory.” An alternative Writ directs the
recipient to immediately act, or desist, and “Show
Cause” why the directive should not be made
permanent. A peremptory Writ directs the recipient
to immediately act, or desist, and “return” the Writ,
with certification of its compliance, within a certain
time.
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(c) The writ can be issued only when the proceedings ground of armed rebellion shall not have automatic
are pending in a court if the proceeding has extension to J&K.
matured into decision, writ will not lie. 5. Financial Emergency (Art 360) cannot be imposed on
the state.
Union Territories 6. Art. 19(1) and 31(2) have not been abolished for this
 Articles 239 to 241 in Part VIII of the Constitution state and hen ce “right to property” still stands
deal with the union territories. Even though all the guaranteed to the people of J&K.
union territories belong to one category, there is no 7. The Parliament is not empowered to make laws on
uniformity in their administrative system. the subjects of state list (7th schedule) for the state
 Every union territory is administered by the of J&K under any circumstance.
president acting through an administrator 8. The Governor of the state is to be appointed only
appointed by him. An administrator of a union after consultation with the Chief Minister of that
territory is an agent of the president and not head state.
of state like a governor.
 The president can specify the designation of an GOVENRNMENT BODIES
administrator; it is Lieutenant Governor in the case
of Delhi, Puducherry and Andaman and Nicobar 1) Election Commission
Islands and Administrator in the case of  The Election Commission is a permanent,
Chandigarh, Dadra and Nagar Haveli, Daman and independent body established by the Constitution
Diu and Lakshadweep. of India directly to ensure free and fair elections in
 The Parliament can make laws on any subject of the the country. Article 324 of the Constitution provides
three lists (including the State List) for the union that the power of superintendence, direction and
territories. This power of Parliament also extends to control of elections to parliament, state legislatures,
Puducherry and Delhi, which have their own local the office of president of India and the office of vice-
legislatures but the legislative assembly of both president of India shall be vested in the election
(Delhi and Puducherry) can also make laws on any commission.
subject of the State List and Concurrent List. This  Elections are conducted according to the
means that the legislative power of Parliament for constitutional provisions supplemented by laws
the union territories on subjects of the State List made by Parliament.
remain unaffected even after establishing a local  The major laws are Representation of the People
legislature for them. Act, 1950, which mainly deals with the preparation
and revision of electoral rolls, and the
Special Status of Jammu and Kashmir Representation of the People Act, 1951, which deals
Article 370 in Part XXI of the Constitution grants a in detail with all aspects of conduct of elections and
special status to it. Accordingly, all the provisions of the past election disputes.
Constitution of India do not apply to it. It is also the only  The electoral system in India in borrowed from the
state in the Indian Union which has its own separate one operating in Great Britain. Presently, the
Constitution. Election Commission consists of one Chief Election
Commissioner (CEC) and two Election
The important features of the special state are as Commissioners.
follows:  The Commission works under the overall
1. Contrary to the case with the other states, the supervision of the Chief Election Commissioner.
residuary power lies with the legislature of the  The tenure of the CEC and the Election
Jammu and Kashmir (and not the Parliament). Commissioners has been fixed as six years, subject
2. The state has its own Constitution. This also implies to the maximum age limit of 65 years (whichever is
that ‘dual citizenship’ principle is followed in this earlier).
state.  The Chief Election Commissioner and the Election
3. Part-IV (Directive Principles of State Policy) and Commissioners are placed at par in matters of
Part- IV(A) (Fundamental Duties) are not applicable salary and allowances and they are the same as
to the state. those of a judge of Supreme Court.
4. The National Emergency proclaimed only on the  The Chief Election Commissioner is not eligible for
ground of war or external aggression shall have reappointment.
automatic extension to the state of J&K. This means
that the National Emergency proclaimed on the

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 The Election Commission is not concerned with the  The chairman and members of the commission hold
elections to Panchayats and municipalities in the office for a term of six years or until they attain the
states. age of 65 years, whichever is earlier.
 The elections to the Panchayats and the  It is an independent constitutional body.
municipalities in the states are conducted by ‘State  The main function of UPSC is Recruitment to
Election Commissions’. services and posts under the Union through conduct
of competitive examinations.
Independence of CEC
Article 324 of the Constitution has made the following State Public Service Commission
provisions to safeguard and ensure the independent  A state public service commission consists of a
and impartial functioning of the Election Commission: chairman and other members appointed by the
1. The Chief Election Commissioner is provided with governor of the state. But they can be removed only
the security of tenure. He cannot be removed from by the President.
his office except in same manner and on the same  It is an independent constitutional body.
grounds as a judge of the Supreme Court.  The chairman and members of the commission hold
2. The Election Commissioner cannot be removed office for a term of six years or until they attain the
from office except on the recommendation of the age of 62 years, whichever is earlier.
Chief Election Commissioner.  The main function of SPSC is to conduct examin
ations for appointments to the services of the state.
Powers and functions
1. To determine the territorial areas of the electoral Joint State Public Service Commission
constituencies throughout the country on the basis  The Constitution makes a provision for the
of the Delimitation Commission Act of Parliament. establishment of a Joint State Public Service
2. To prepare and periodically revise electoral rolls Commission (JSPSC) for two or more states.
and to register all eligible voters.  A JSPSC can be created by an act of Parliament on
3. To notify the dates and schedules of elections and to the request of the state legislatures concerned.
scrutinise nomination papers. Thus, a JSPSC is a statutory and not a constitutional
4. To grant recognition to political parties and allot body.
election symbols to them.  The chairman of JSPSC is appointed by the
5. To act as a court for settling disputes related to President.
granting of recognition to political parties and
allotment of election symbols to them. Comptroller and Auditor General
6. To determine the code of conduct to be observed by  The Constitution of India (Article 148) provides for
the parties and the candidates at the time of an independent office of the Comptroller and
elections. Auditor General of India (CAG).
7. To advise the President on matters relating to the
 It is the supreme audit institution of India.
disqualification of the members of Parliament.
 He is the head of the Indian Audit and Accounts
8. To advise the governor on matters relating to the
Department and the guardian of the public purse
disqualification of the members of state legislature.
and controls the entire financial system of the
9. To cancel polls in the event of rigging, booth
country at both the levels—the Centre and the state.
capturing, violence and other irregularities.
10. To register political parties for the purpose of
Appointment and term
elections and grant them the status of national or
 The CAG is appointed by the President of India. He
state parties on the basis of their poll performance
holds office for a period of six years or up to the age
Union Public Service Commission of 65 years, whichever is earlier.
 With the promulgation of the new Constitution for  He can resign any time from his office by addressing
independent India on 26th January, 1950, the the resignation letter to the president. He can also
be removed by the President on same grounds and
Federal Public Service Commission was accorded a
in the same manner as a judge of the Supreme
constitutional status as an autonomous entity and
Court.
given the title – Union Public Service Commission.
 The UPSC has been established under Article 315 of
the Constitution of India. The Commission consists
of a Chairman and ten Members.

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Main function of the CAG 3. All the receipts received, loans raised and the
1. He audits the accounts related to all expenditure income of the Govt. of India are deposited into a
from the Consolidated Fund of India and Fund called the Consolidated Fund of India.
consolidated fund of each state. 4. It is the largest fund of the Govt. of India and any
2. He audits all expenditure from the Contingency amount of money can be deposited into this
Fund of India and the Public Account of India as account.
well as the contingency fund of each state and the 5. It is a regular fund of Govt. of India.
public account of each state. 6. All expenditures of the Govt. of India are spent out
3. He audits the accounts of any other authority when of the Consolidated Fund of India.
requested by the President or Governor. 7. It has been placed at the disposal of the Parliament.
Note: He submits his audit reports relating to the No money can be deposited into withdrawn or
accounts of the Centre to President and relating to the appropriated out of the Consolidated Fund of India
accounts of a state to governor. without the prior sanction of the Parliament. Article
266 has also created a separate Consolidated Fund
Attorney General of India for each State.

 Art. 76 states that the President shall apoint a Public Account of India
person who is qualified to be appointed as a judge Under Article 266 any money other than the receipts,
of the Supreme Court to be the Attorney General of loans and the income received by the Govt. of India is
India. deposited into an account called the Public Account of
 He is the fist legal officer of the Govt. of India. India. The Public Account of India is placed at the
 The term of office of the AGI is not fixed by the disposal of the President article 266 has also created
Constitution of India. public account for each states.
 He holds office during the pleasure of the President
and receives remuneration as the President may Contingency Fund of India
determine. Although, he is not a member of either Article 267 empowers the Parliament to provide by law
House of Parliament, he enjoys the right to attend for the establishment of a public fund called the
and speak in the Parliamentary deliberations and Contingency Fund of India. Accordingly, the Parliament
meeting (of both the Lok Sabha and the Rajya enacted the Contingency Fund of India (Misc. Provisions
Sabha), without a right to vote. Act) 1950, which has created the contingency Fund of
India with an upper limit of Rs. 50 Cr. It is not a regular
 He advises the Government of India on any legal
fund of Govt. of India and it is used to meet on
matter.
unforeseen expenditures of the Govt. of India. It is
 He performs any legal duties assigned by the
placed at the disposal of President who can provide the
President of India.
sanction for meeting an emergency expenditure out of
 He discharges any functions conferred on him by
contingency Fund of India.
the Constitution or the President.
 In the performance of his official duties, the
Attorney General has the right of audience in all
courts in the territory of India.
 He is entitled to all the privileges and immunities as
a Member of Parliament.
Note: The Constitution (Article 165) has provided for
the office of the advocate general for the states. He is the
highest law officer in the state. Thus he cooresponds to
the Attorney General of India. He is appointed by the
Governor of the state.

Parliamentary Funds
Consolidated Fund of India
1. Article 266 has established Consolidated Fund of
India.
2. It is a constitutional fund.

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The Fund is used when the Parliament is not in a from and out of the Consolidated Fund of India of
position to sanction money out of Consolidated Fund of moneys by Lok Sabha and moneys charged on the
India to meet an unforeseen expenditure. The money so Consolidated Fund for the services of a financial
sanctioned out of contingency fund of India by the year or a part thereof-Appropriation Bill
President is placed before the Parliament for its 8. A motion for reduction of a demand for grant by or
approval subsequently. If the Parliament approves the to a specified amount-Cut motion
expenditure then the equal amount of money is 9. Cut motion can be of three types ‐ Disapproval of
transferred from Consolidated Fund of India to policy cut, Economy cut and Token cut
Contingency Fund of India. Thus the Contingency Fund 10. A grant made by Lok Sabha in advance in respect of
is replenished by the Contingency Fund. The Parliament the estimated expenditure of the Government of
by law may increase the upper limit of Contingency India for a part of a financial year pending the
Fund either permanently or temporarily. voting of Demands for Grants for the financial year.
A Motion for Vote on Account is dealt with in the
Political Parties same way as if it were a demand for grant.-Vote on
A recognised political party has been classified either as Account
a “national party” or a “state party”. Recognition to a 11. The first hour of a sitting of the House normally
party is granted by the “Election Commission of India”. allotted for asking and answering of questions-
Question Hour
Conditions for Recognition as a National Party 12. A self‐contained independent proposal submitted
for the approval of the House and drafted in such a
A party is recognized as a national party if any of the way as to be capable of expressing a decision of the
following conditions is fulfilled: House.-Resolution
1. If it wins 2% of seats in Lok Sabha at a general 13. The vote cast by the Speaker or the Chairman in the
election;and these candidates are elected from case of an equality of votes on a matter-Casting
three states; or vote
2. If it secures 6% of valid votes polled in any four or 14. A question relating to a matter of public importance
more states at a general elcetion to the Lok Sbha or of an urgent character asked with notice shorter
to the legislative assembly; and in addition, it wins than ten clear days--Short Notice Question
four seats in the Lok Sabha from any state or states;
or Motions in Parliament
3. If it is recognized as state party in your states. (1) Private Member’s business
Every member who is not a Minister is called a Private
Important Points to look at Member. The Private Member’s business includes
1. The draft of a legislative proposal-Bill Private Member’s Bills and Private Member’s
2. Bill passed by both the Houses of Parliament and Resolutions. The period of notice for introduction of Bill
assented to by the President-Act is one month unless the Presiding officer allows
3. Annual Financial statement of the estimated introduction at a shorter notice.
receipts and expenditure of the Government of
India for a financial year-Budget (2) Question Hour
4. The estimate of expenditure in respect of a Normally, the first hour of the business of a House
Ministry/Department not charged upon the everyday is devoted to questions and is called Question
Consolidated Fund of India, placed for approval Hour (11:00 AM to 12:00 Noon).
before the House on the recommendations of the
President -Demand for Grant (3) Starred and Unstarred Questions
5. A Bill ordinarily introduced each year to give effect A starred question is one to which a member desires an
to the financial proposals of the Government for the oral answer in the House. Answer to such a question
following financial year-Finance Bill may be followed by five supplementary questions by
6. A bill containing only provisions dealing with all or other members. An unstarred question is one to which
any of the matters specified in sub‐clauses (a) to (g) written answer is desired by the Member. No
of Clause (1) of Articel 110 of the Constitution. supplementary questions can be asked thereon.
(Such a bill cannot be introduced without the
recommendation of the President and it also cannot (4) Short Notice Questions
be introduced in the Rajya Sabha-Money Bill These are related to matter of urgent public importance
7. A Bill passed annually (or at various times of the and can be asked by members with notice shorter than
year) providing for the withdrawal or appropriation the 10 days prescribed for an ordinary question. It is for
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the Speaker to determine whether the matter is of real 3) Effective Majority
urgent nature or not. Effective Majority of house means more than 50% of the
effective strength of the house.
(5) Adjournment Motions
An adjournment motion is an extra-ordinary procedure Example: In Rajya Sabha 245 is the total strength of the
which if admitted leads to setting aside the normal house. Let us assume that on a particular day 8
business of the House for discussing a definite matter of members are absent and 2 seats are vacant on different
Urgent Public importance. grounds. Then in such case 235 would be the effective
Strength of House. Effective Majority in this case is 118
(6) Calling Attention or more.
It is a notice by which a member with the prior
permission of the Speaker, Calls the attention of a Special Majorities
Minister of any matter of urgent public importance and Any Majority other than simple, absolute and effective
the Minister may make a brief statement or ask for time majority is called a special majority.
to make a statement at a later hour or date it is an Various types of Special Majority are:-
Indian Innovation. (a) Majority under Article 249
There is no calling attention Notice in the Rajya Sabha. Article 249 allows Parliament to legislate in a subject in
Instead there exists a motion called ‘Motion for Papers.’ State List in the national interest. It requires 2/3rd or
more of members present and voting.
(7) Privilege Motion (b) Majority under Article 312 (Creation of one or more
This motion is moved by a member if in his opinion any new All India Services)
minister or any of the members commits a breach of The resolution must be passed by Rajya Sabha
privilege of the House by withholding any fact. supported by not less than 2/3rd of the members
present and voting. Then only the bill can be introduced
Kinds of Majorities in Lok Sabha.
(c) Majority under Article 368 (Constitutional
1) Simple Majority Amendment Bill)
It means a majority of more than 50% of the members The Bill can be introduced in either House of the
present and voting. Parliament. The Bill must be passed by:
Example: Majority of the Total Strength of the house (Absolute
· Total strength of Lok Sabha= 545 Majority) Majority of not less than 2/3rd of the member
· Members present at time of voting = 500 of House present and Voting.
Members present and voting= 400 This majority is required in the following cases:
 In the passage of constitutional Amendment Bill.
Simple majority in such case would mean consent of  A resolution passed in both the Houses of
201 or more members.Motions or Bills passed by Parliament for approving the continuation of
Simple Majority are: National Emergency. (National Emergency can be
1. No-confidence Motion discontinued by a Simple Majority)
2. Confidence MotionVote of thanks to the President A resolution passed in both the Houses of
or Governor addressed Parliament seeking the removal of:
3. Censure Motion  A Judge of the Supreme Court or High Court.
4. Adjournment Motion  The Comptroller and Auditor – General of India
5. A motion under Article 352 in Lok Sabha (for the (CAG)
disapproval of the continuance of the National  Chief Election Commissioner (CEC)
Emergency)  Removal of State Election Commissioner (SEC)
6. The removal of the Vice-President in the Lok Sabha  Members of Central and State Information
7. Money Bill Commission (CIC)
8. Financial Bill and Ordinary bill  Chief Vigilance Commissioner (CVC)
9. State legislature can pass the constitutional (d) Majority as under Article 61 (Impeachment of the
Amendment Bill with simply majority President)
10. The Govt. survives by means of Simple Majority. The resolution of impeachment of President must be
2) Absolute Majority passed by a majority of not less than 2/3rd of the Total
It refers to a majority of more than 50% of the total membership of the House. (Each Houses has to pass it
membership of the house. In Constitution such kind of separately)
majority is not required in isolation.
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2/3 x 545 = 364 (Lok Sabha) Chairman of the Council of States.
2/3 x 245 = 164 (Rajya Sabha) 65 The Vice-President to act as President or
to discharge his functions during casual
ARTICLES RELATED TO BILLS vacancies in the office, or during
 Article 107 : Provisions as to introduction and the absence, of President.
passing of Bills 74 Council of Ministers to aid and advise
 Article 108 : Joint sitting of both Houses in certain President.
cases 76 Attorney-General for India.
 Article 109 : Special procedure in respect of Money 78 Duties of Prime Minister as respects the
Bills furnishing of information to the President,
 Article 110 : Definition of “Money Bills” etc.
 Article 111 : Assent to Bills 79 Constitution of Parliament.
 Article 112 : Annual financial statement 80 Composition of the Council of States.
 Article 113 : Procedure in Parliament with respect 81 Composition of the House of the People.
to estimates 83 Duration of Houses of Parliament.
 Article 114 : Appropriation Bills 84 Qualification for membership of
 Article 115 : Supplementary, additional or excess Parliament.
grants 89 The Chairman and Deputy Chairman of the
 Article 116 : Votes on account, votes of credit and Council of States.
exceptional grants 90 Vacation and resignation of, and removal
 Article 117 : Special provisions as to financial Bills from, the office of Deputy Chairman.
 Article 118 : Rules of procedure 93 The Speaker and Deputy Speaker of the
 Article 119 : Regulation by law of procedure in House of the People.
Parliament in relation to financial business 94 Vacation and resignation of, and removal
 Article 120 : Language to be used in Parliament from, the offices of Speaker and Deputy
 Article 121 : Restriction on discussion in Parliament Speaker.
 Article 122 : Courts not inquire into proceedings of 96 The Speaker or the Deputy Speaker not to
Parliament preside while a resolution for his removal
from office is under consideration.
101 Vacation of seats in parliament.
IMPORTANT ARTICLES OF THE CONSTITUTION OF 102 Disqualifications for membership.
INDIA 107 Provisions as to introduction and passing
Article Article is about of Bills.
No. 108 Joint sitting of both Houses in certain
2 Admission or establishment of new States. cases.
3 Formation of new States and alteration of 109 Special procedure in respect of Money
areas, boundaries or names of existing Bills.
States. 110 Definition of ―Money Bills.
5 Citizenship at the commencement of the 117 Special provisions as to financial Bills.
Constitution. 120 Language to be used in Parliament.
17 Abolition of Untouchability 124 Establishment and constitution of
18 Abolition of titles. Supreme Court.
32 Remedies for enforcement of rights 127 Appointment of ad hoc judges.
conferred by this Part. 131 Original jurisdiction of the Supreme Court.
52 The President of India. 132 Appellate jurisdiction of Supreme Court in
60 Oath or affirmation by the President. appeals from High Courts in certain cases.
62 Time of holding election to fill vacancy in 133 Appellate jurisdiction of Supreme Court in
the office of President and the term of appeals from High Courts in regard to Civil
office of person elected to fill matters.
casual vacancy. 134 Appellate jurisdiction of Supreme Court in
63 The Vice-President of India. regard to criminal matters.
64 The Vice-President to be ex officio 148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and

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 Auditor-General. 266 Consolidated Funds and public accounts of
153 153 Governors of States. India and of the States.
154 Executive power of State. 267 Contingency Fund.
155 Appointment of Governor. 280 Finance Commission.
156 Term of office of Governor. 292 Borrowing by the Govt. of India.
157 Qualifications for appointment as 293 Borrowing by States.
Governor. 300 Right to property
163 Council of Ministers to aid and advise 312 All- India-Service
Governor. 315 Public service commissions for the union
165 Advocate-General for the State. and for the states
167 Duties of Chief Minister as respects the 320 Functions of Public Service Commission
furnishing of information to Governor, etc. 323A Administrative Tribunals
169 Abolition or creation of Legislative 324 Superintendence, direction and control of
Councils in States. Elections to be vested in an Election
170 Composition of the Legislative Assemblies. Commission
171 Composition of the Legislative Councils. 325 No person to be ineligible for inclusion in
178 The Speaker and Deputy Speaker of the or to claim to be included in a special,
Legislative Assembly. electoral roll on grounds of religion, race,
179 Vacation and resignation of, and removal caste, or sex
from, the offices of Speaker and Deputy 338 National Commission for the SC, & ST
Speaker. 343 Official languages of the Union
182 The Chairman and Deputy Chairman of the 345 Official languages or languages of a states
Legislative Council. 348 Languages to be used in the Supreme
183 Vacation and resignation of, and removal Court and in the High Courts
from, the offices of Chairman and Deputy 352 Proclamation of emergency
Chairman. (National Emergency)
184 Power of the Deputy Chairman or other 356 State Emergency (President’s Rule)
person to perform the duties of the office 360 Financial Emergency
of, or to act as, Chairman. 361 Protection of President and Governors
185 The Chairman or the Deputy Chairman not 368 Powers of Parliaments to amend the
to preside while a resolution for his constitution
removal from office is under 370 Special provision of J&K
consideration. 371 Special provision with respect to the States
197 Restriction on powers of Legislative of Maharashtra and Gujarat
Council as to Bills other than Money Bills. 374 Provisions as to Judges of the Federal
214 High Courts for States. Court and proceedings pending in the
215 High Courts to be courts of record. Federal Court or before His Majesty in
217 Appointment and conditions of the office Council
of a Judge of a High Court. 376 Provisions as to Judges of High Courts
222 Transfer of a Judge from one High Court to 377 Provisions as to Comptroller and Auditor-
another. General of India
231 Establishment of a common High Court for 393 Short title
two or more states. 394 Commencement
239 Administration of Union territories. 394A Authoritative text in the Hindi language
239 A Special provisions with respect to Delhi. 395 Repeals
240 Power of President to make regulations for
certain Union territories. Important Amendments to Indian Constitution
243 E Duration of Panchayats, etc. 1st amendment – June 18, 1951 – zamindari abolition
244 Administration of Scheduled Areas and laws.
Tribal Areas. 2nd amendment – May 1, 1953 – fix the size of each
252 Power of Parliament to legislate for two or parliamentary constituency between 650,000 and
more States by consent and adoption of 850,000 voters.
such legislation by any other State. 6th amendment – September 11, 1956 – the Union and
State Lists with respect to raising of taxes
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7th amendment – November 1, 1956 – Reorganization parliament and assembly in case of defection from one
of states on linguistic lines and Introduction of Union party to other
Territories 56th amendment – May 30, 1987 – Transition
10th amendment – August 11, 1961 – Incorporation of provision to enable formation of state of Goa
Dadra, Nagar and Haveli as a Union Territory after 58th amendment – December 9, 1987 – Provision to
acquisition from Portugal publish authentic Hindi translation of constitution
11th amendment – December 19, 1961 – Election of 61th amendment – March 28, 1989 – Reduce age for
Vice President by Electoral voting rights from 21 to 18
12th amendment – December 20, 1961 – 65th amendment – March 12, 1992 – National
Incorporation of Goa, Daman and Diu as a Union Commission for Scheduled Castes and Scheduled Tribes
Territory, after acquisition from Portugal formed and its statutory powers specified in The
13th amendment – December 1, 1963 – Formation of Constitution.
State of Nagaland, with special protection under Article 69th amendment – February 1, 1992 – To provide for a
371A legislative assembly and council of ministers for Federal
14th amendment – December 28, 1962 – National Capital of Delhi. Delhi continues to be a Union
Incorporation of Pondicherry into the Union of India Territory
Creation of Legislative Assemblies for Himachal 70th amendment – December 21, 1991 – Include
Pradesh, Tripura, Manipur and Goa National Capital of Delhi and Union Territory of
15th amendment – October 5, 1963 – Raise retirement Pondicherry in electoral college for Presidential
age of judges from 60 to 62 Election
22nd amendment – September 25, 1969 – Provision to 82nd amendment – September 8, 2000 – Permit
form Autonomous states within the State of Assam relaxation of qualifying marks and other criteria in
24th amendment – November 5, 1971 – Enable reservation in promotion for SC / ST candidates
parliament to dilute fundamental rights through 86th amendment – December 12, 2002 – Provides
amendments to the constitution Right to Education until the age of fourteen and Early
31th amendment – October 17, 1973 – Increased size childhood care until the age of six
of Parliament from 525 to 545 seats. 93rd amendment – January 20, 2006 – To enable
32nd amendment – July 1, 1974 – Protection of provision of reservation for other backward classes
regional rights in Telangana and Andhra regions of (O.B.C.) in government as well as private educational
State of Andhra Pradesh institutions
33rd amendment – May 19, 1974 – Prescribes 97th amendment – 12 January 2012 – Added the
procedure for resignation by members of parliament words “or co-operative societies” in Article 19(l)(c) and
and state legislatures Prescribes procedure for inserted article 43B i.e, Promotion of Co-operative
verification and acceptance of resignation by house Societies and added Part-IXB i.e, THE CO-OPERATIVE
speaker. SOCIETIES
35th amendment – March 1, 1975 – Terms and 98th Amendment– To insert Article 371J in the
Conditions for the Incorporation of Sikkim into the Constitution.
Union of India 99th Amendment– Insertion of new articles 124A,
37th amendment – May 3, 1975 – Formation of 124B and 124C. Amendments to Articles 127, 128, 217,
Arunachal Pradesh legislative assembly 222, 224A, 231- The amendment provides for the
38th amendment – August 1, 1975 – Enhances the formation of a National Judicial Appointments
powers of President and Governors to pass ordinances Commission.
42nd amendment – April 1, 1977 - Provides for 100th Amendment of First Schedule to Constitution:
curtailment of fundamental rights, imposes Exchange of certain enclave territories with Bangladesh
fundamental duties and changes to the basic structure and conferment of citizenship rights to residents of
of the constitution by making India a “Socialist Secular” enclaves consequent to signing of Land Boundary
Republic Agreement (LBA) Treaty between India and
51th amendment – June 16, 1986 – Provide Bangladesh.
reservation to Scheduled Tribes in Nagaland,
Meghalaya, Mizoram and Arunachal Pradesh
LegislativeAssemblies
52nd amendment – March 1, 1985 – Anti Defection
Law – Provide disqualification of members from

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