CONSTITUTION OF INDIA & PROFESSIONAL ETHICS 1. INTRODUCTION TO CONSTITUTION OF INDIA > Meaning of Constitution: ‘The word constitution is developed from the word “CONSTITUTE” which means “te frame” or “to establish” or “to compose”. It is a document which contains the rules and regulations which governs the relationship between the ruler and the ruled and also among the member of state. ‘The idea of having Constitution of India is first moved by MN Roy India is referred as Bhatath_under Indian constitution India has been declared/described under Article 1 as a Union of states > IMP Events for the Growth of Constitution: 1600: 17 Century (1.1.1601 to 31.12.1700) © Established Bast india Company in India for the purpose of carryings out trading in India the Britishers Came to India As traders- East India Company is a group of Merchants invested their shares ‘Queen Elizabeth passed a charter to establish Bast India Co. ‘The Co first settled at SURAT Mogul Emperor Jahangir granted them land and other requirements Gradually they established factories at Bombay, Madras and Calcutta. they used called as “PRESIDENCIES” Queen Elizabeth granted some legislative powers to the Co. to maintain discipline among the servants. eo o000000 1726- Charter 1726: © This charter gave powers to Governor to make rules and regulations for the good governance of the Company in INDIA. © Also to impose punishment for violation of those rules and regulations. © for more than 150 years they just concentrates on trading only 1757-Plassey Battle: © After the death Strong Moghul Empire Aurangzeb, ‘0 Moguls lost control over the Indian administration othe small units called NAWABS started quarrelling and fighting each other to take control over the other provinces the East India Company took full advantage of this chaotic situation for the first time in INDIA the Company defeated the Bengel Nawab SIRAJUDULLA in famous Plassey Battle It laid down the foundation for the British Empire/kingdom in India © It boosted the confidence of the British East India Co to acquire more provinces in India 1765-Grant of Diwani Rights Moghul Emperor Shah Alam granted Diwani tights to British Company Diwani rights-coection of the revenue in Bengal, Bihar and Orissa. this was an important milestone which made British Co to exercise their power to administer the affairs of the India ° °° © the local Indians appointed to collect the revenue © the Britishers are supervising the entire administration g_ they used exploit the Indians, there was no control over imposing tax © There was huge collection of the revenue for the Co. © In the beginning they used to send the revenue to the Crown/ EnglandBut after some time the British Company officials started misusing the revenue income ‘Therefore, British officials become richer and richer on the other hand the East India Co's income came down drastically /heavily the Company is at the stage of Bankruptcy-PAPAR. The Climax reached when the Company approached the British Government for a huge “The British Government suspect the activities of the Co., as the servants of Company ‘becoming richer whereas the Company heading towards the Bankruptcy-PAPAR So the British Govt formed a seeret committee to inquire in to the affairs of the Co. in 172 the committee submitted is detail report and suggested to take over the ‘administration of the affair of the East India Co, by the British Parliament. 1778: REGULATING ACT-1773: (first written Document) ‘The Acts provide to take over the control of the affairs of the East India Co. by the British Parliament. Under this Act a Govt, was established in India called as Government of Caleutta for the First Time in the constitutional history of India. An officer called as Governor General was appointed to look after the Co, affairs. Governor General of India was also representatives of British Crown to Princely states of India and hence known as the Viceroy of India ‘Madras and Bombay province brought under the control of the Governor General of Bengal. ‘+ 1784 Pitts India Act, 1784,Division of Power) © to remove the defects of Regulating Act, 1773, this act has been passed © It bifurcated the commercial activities and political activities of the Bast India Co. © the Commercial activities under the control of -Court of Directors © The Political Activities under the control of Board of Control. © 1833-The Charter 1833 © Governor General of Bengal replaced in the style of the Governor General of India. © Governor General in council was formed © To empower to make laws, rules and regulations for all persons in India, whither he is a native or a foreigner. + 1857-Mutiny-Sipayi Dange-First war of independence cartridge for the new rifle were greased with the pig and cow fat © Hindus and Muslim Sipoys were angry with these development Mangal Pandey 29 years old sipoy of Bengal Regiment attacked © it followed by the rebel in Meerut and Delhi © All Indian rulers like Zansi Rani Laxmi Bai and others, individuals were also participated © the Britishers learnt a lesson from this mutiny © Mutiny gave a death blow to the Company Rule in India © As a result of this British Parliament passed an Act calied “The Government of India Act-1858", British officers © 1858-The Government of India Act-1858 (© this Act put an end 10 the 288 years rule of East India Co. in India © Entire Indian administration/affairs of the Company has been transferred from Company to the British Crown. © On 1858 on words the British Parliament took direct control over the Indian Administration. © the Governor general of India has to be submit annual report, Income and expenditure to the British Parliament© Itis the beginning of another era in Indian constitutional history-the direct rule of the crown, + Indian Couneil Act-1861 © It brought the beginning of the representative government in India © established the Government in India © In the legislature body Indians were associated for the first time to make rules and regulation, © those representatives called non-official members- includes only native princes and Zamindars © the main defect of this Act is unlimited power of the Governor General by the time awareness was created among the Indians because of the French and American revolution, about their rights with the growth of spirit of Nationalism © Press/Printing Media in India played a major role to create awareness among the Indians to have our own Constitution and administration. ° + 1885-Indian National Congress was founded which led the country in front to fight against Britishers. © A.O.Hume, a retired Indian Civil Services officer, General Secretary © W.C.Bannerjee was the President Founded at Bombay * Indian Council Act-1892 © introduced election system partially-Indirect elections © No public participation © Number of the representatives increased * Indian Council Act-1909-Minto Morley Reforms © Minto Morley reforms implemented by the Indian council Act in 1909 © Separate electorate system for Muslims introduced in India. Both voters and candidates were from Muslims Community only co they completely divided the united Indians on the basis of community-Muslims and Hindus It fail to fulfill the aspirations of Indians to establish parliamentary system of Government in India. + Entry of Mahatma (Mohanadas Karamachand Gandhi 02.10.1869) © Law Barrister in London during 1915 returned to India, assume the leadership of Congress in 1921 © fought against the excessive tax and discrimination he able to attract the people of India demanded ‘Self Rule’- Swaraj © Demanded “Poorna swaraj” ° + The Government of India Act-1919 (Montague & Chelmsford Reforms} A landmark event in the history of Indian Independence provides inerease participations of the Indians in the administration Diarchy system of Government introduced in the provinces, Diarchy means system of Double government object was to give training to the Indians in administration © Central Govt. has been established under the direct control of the British Parliament © Central Legislative includes + Upper House-now Rajyasabha : + Lower House-Lok-sabhia-have elected representatives Main defect is Governor General has overriding power, such as "prior approval for introduction of a Bill > Veto Power- may reject or reserve* ordinance making power * Therefore strongly oppose by the INDIN LEADERS, they demand for further reforms. the persistent demand by the Indian leaders led the British Govt sent Simon Commission to study he situation in India, 1927-SIR JOHN SIMON Commission ‘Submitted his report in 1930 © on the basis af his report Govt of India Act-1935 passed with some changes in the 1919 Act, ‘The Government of India Act-1935 ‘0 It provided for establishment of All India Federation comprising British India and other Indian provinces who desires to come into federation. It abolishes diarchy at Provinces and introduced Diarchy at the center © provided Provincial Autonomy © provided Establishment of federal Court ‘© establishment of federal legislatures and provincial legislatures © Distribution of Legislatures power among Centre and Provinces © But this Act strongly opposed by the Indian Leader, © The demand for self-rule reached the Peale 1928-Motilal Nehru made © first attempt to write Constitution of India © Tejected by British Crown 1939-Second world war against Germany, Japan © Broke out in Europe © The British Government unanimously declared that INDIA as a belligerent country at war with Germany © But the Congress leader apposed as there is no consultation of Indian leaders including Ministers before declaring so. © therefore the British Parliament sent Sir Cripps to India 1942-SIR STAFFORD CRIPPS-Mission © came to negotiate with Indian Leaders © to secure their ¢0-operation in the World WAR © by offering that immediately after the end of world war action will be taken to draft the Constitution of INDIA © but Indian Leaders not satisfied and rejected the proposal After the world war-1948 Labour party came in to power in England, Labour Party was more sympathetic towards the Indian Condition, It wanted to solve the problem therefore, sent cabinet mission to India 1946-CABINET MISSION-3 Ministers of British Government (© members -Sir Stafford Cripps, Lord Lawrence, Mr. Alexander © The plan of setting up of a Constituent Assembly to draw up the future Constitution for India was given by The Cabinet Mission Pian © Proposal accepted by Indians * End of the British Control over india ‘+ To have our own constitution during Jul-1946 Immediate elections took place. + Constituent Assembly came into existence Indian Independence Act-1947 © Passed by British Parliament on 18% Jul,1947, came in to force from 15% Aug, 1947 © Creation of two independent state INDIA and PAKISTHAN After 15% August, 1947 declare Independent states1947-1980 : CONSTITUENT ASSEMBLY: ‘The Members of the Constituent Assembly were Elected by the Provincial Assemblies or Legislative assemblies of various provinces 9% Dec, 1946 first meeting of Constituent assembly held Dr.Rajendra Prasad elected as permanent Chairman later become the first President of India adopted the “Objective Resolution” of Jawaharlal Nehra which become the Preamble of the Indian Constitution totally 11 sessions assembly sat for 2 years Ilmonths and 18 days 24% Jan, 1950 Last sitting of Constituent assembly + Jana gana mana adopted as national Anthem + Dr-Rajendra Prasad elected as First President of Union India Constituent assembly started its work in 1946 and completed its work in Jan, 1960 29% Aug, 1947 Constitution Drafting Committee was set up —7 members + Dr. Ambedkar-Chairman * Gopalswmy Ayyangar + Alladi Krishnaswamy ayyangar KM Munshi Mohammad Sadulla Madav Rau N replaced by BL Mittal ‘1.T-Krishnamachani replaced by DP Kitan. Draft Published in Jan, 1948 8 months’ time given to people of India to study, discuss the draft to suggest about the same adopted on 26% Nov,1949 by constituent assembly came into full force from 26% Jan, 1950 In all Constituent Assembly took 2 years 11 months 18 days from 9 Dec 1946 to prepare the CONSTITUTION ‘The Constituent Assembly made the Indian constitution ‘The Number of Article in Indian Constitution was 398 and now it is 448 2, SALIENT FEATURES OF INDIAN CONSTITUTION: 1. Lengthiest constitution in the world: It fs a bulky/large document all the provisions are in detailed Originally -395 articles, 22 parts, 8 schedules At present 448 articles, 25 part 12 schedules 2. Written constitution: Indian Constitution is Written and bulky document All the provision reduced into writing 5. Partly flexible and partly rigid constitution: described on the basis of the nature of method of amendment flexible Constitution means Constitution can be amended easily by adopting a simple method by Parliament Rigid Constitution means Constitution amendment is very difficult by adopting Special method -1/3 of Parliament members should present and vote in majority.6. 10. u Parliamentary form of Democracy /Government: * Constitution establishes Parliamentary system of Govt of British Model * President is Constitutional Head of the state and also nominal head the real power is vested with the Council of Minister headed by Prime Minister '* Council of ministers collectively responsible to Lower House of Parliament-Lekasabha ‘+ Bicameral legislature means Two houses-Lokasabha and Rajyasabha ‘+ Members of LS elected direetly by Peoples for 5 years Fundamental Rights: : ‘© FR are part and parcel of Original Constitution under Part Ill, Art.12 to 36 © totally 6 FRs- Right to Equality, Right to freedom, Right against exploitation, Right to igion., Cultural and Educational rights of the minority, Right to Constitutional remedy DPSP(Directive Principles of State Policy) © PART IV, Art.37-51 ‘© object to established welfare state, © Can be divide in to 1) Socialistic principle 2) Gandhian Principles 3) Liberal principles Quasi federal constitution: ‘© Constitutions of india is Unitary in form but federal in spirit + Sharing or Distribution of power between the central Govt and the state Govt determines that Indian Constitution is Federal Constitution and is Based on 3 lists a) union list b) state list and ¢) concurrent list © Under the Indian Constitution the subjects of administration have been divided in to three lists- a) union list b) state list and c) concurrent list © Combination of Unitary and federal form of Govt. with Strong central Govt at the national level and various state governments © Unitary during Emergency + Single citizenship ‘+ Single Constitution both center and state Secularism constitution: ‘© State has no religion © All religion equal Independent Judiciary * Power of Judicial Review equal distance from Legislature and executives Impastial decision * tokeep up the confidence of the people there must be independent judiciary Indian Constitution provides Single Citizenship to the citizens Fundamental Duties ‘+ no provision in original constitution ‘© inserted 10 FD’s by 424 Amendment Act, 1976 ‘© inserted one more FD’s by 86" Amendment Act, 2002 © Now we have totally 11 PD's * To remind to the Public about their duties towards the nation because citizens must observe basic norms of democratic conduct.3. PREAMBLE OF THE CONSTITUION 3.1 Meaning * Itis a sort of Introduction to Constit + The basic feature of the Indian Constitution is found in Preamble. Preamble is an Important test to identify the basic features of the Constitution of India is Preamble \t Express the wishes and the thought of the Makers of Constitution It is a Key to open the minds of the Constitution Makers ‘The minds of the makers of Indian Constitution is reflected in Preamble the preamble contains in the nutshell the ideals and principles of Members of the Drafting Committee * Preamble is on the basis of Nehru’s “Objective Resolution” in first meeting of the Constituent Assembly-9t Dec,1946 © So far it was amended only once in 42 amendment Act,1976 inserted 3 words: 1) Secular, 2) Social 3) Integrity ‘+ The ultimate source of authority in India is the people. + The constitution of India declares India as” a anton of states” 8.2 Preamtble-TEXT- Reads “We, the People of India having Solemnly resolved to constitute India in 10 a 1)Sovereign 2)Soctalist 3)Secular 4)Democratic 5)Republic and to secure to all its Citizens:- * Justice-1) Social, 2) economic and 3) Political; + Liberty of 1) Thought 2) expression, 3) belief, 4) faith and 5) worship © Equality of status and opportunity ‘+ and to promote among them all ; Fraternity assuring the dignity of the Individual and Unity and the Integrity of the Nation Inour Constituent Assembly on 26 Nov, 1946 do herby adopt, Enact and give to ourselves this constitution 3.3 Ingredients of Preamble- ‘+ Source of authority + it states that constitution derives its authority from the people of India -“We the People” + Nature of Indian State + It declares India to be a sovereign, social, secular democratic republican polity ‘+ Objectives of the Constitution + It specifies the main objectives of Constitution to give Justice. liberty and equality to promote fraternity , to protect unity and integrity of India + st specify the Date of adoption of the Constitution 26% Nov, 1946 3.4 Meaning of the Key words of Preamble ‘+ Sovereign/Independent/Autonomous country + India has Supreme Power + Absolute and uncontrolled power, no more dependency on any other country + No longer under the control of other foreign nation + India is free and has supreme power to make and take decision upon the both internal and external affairs of the Country © Socialist county > inserted by 424 Amendment, 1976 = two types of Socialistic * Communistic socialism ~ © nationalizations of all means of production and distribution © abolition of private property+ Democratic socialism © mixed economy ©. it isa blend of Marxism and Gandhism © where both privaie and gavernment sectors exists side by side © toend poverty, inequality, ignorance, Secular country + inserted by 424 Amendment, 1976 + State has no religion + All religions are treated equally irrespective of their strength Democratic country + Demoeracy- Citizens have Rights of voting, periodical election, rule of law, independent judiciary, absence of discrimination + Democracy in India rests on the fact that People have the right to choose and change the government Republic Country-two types democratic polity = Monarchy © Head of the state are hereditary on succession + Republic © head of the state-Indian President elected for the term of 5 years indirectly ‘by the people of India so Called India is Republic Justics Social Justice © Equal treatment of all citizens without of any discrimination on the basis of caste, color, religion creed faith, sex © Absence of any’ privileges to any person + Economical Justice © no discrimination on the basis of economic conditions © he may be rich or poor both have equal treatment * Political Justice © All people have equal rights to contest election, have voting rights, participation in the governance Liberty-no restraints on the activities of the individuals + Thought- + Expression/ communicate + Belief-state of mind to feel that something exists or true + Faith-a strong belief/trust + worship-devotion ‘Equality-no discrimination = Absence of special privilege to any section of society or group of society or individual before law, in public appointments and political opportunities. Fraternity- + fraternity means “te promote sense of brother hood” or “to promote sprit of common brother hood” + all religions, deferent linguistic, regional peoples are like brothers, All are Indians Unity and Integrity = to promote the feeling among the people of India that they all are Psychologically and territorially united4, FUNDAMENTAL RIGHTS 4.1 Introduction FR’s included in the original constitution Part Ill, Art 12 to 35, framers derive inspiration from the Constitution of USA (Bill of rights) FR’s are guaranteed /definitely /assured by the Indian Constitution to all citizens/person without any discrimination FR’s are “Justiciable”/enforceable against STATE FR uphold the equality and dignity of the individuals FR’s ensure political democracy It prevent despotic rule dictatorial/ tyrannical /autocratic rule of our rulers to establish Govt. of laws/Rule of law not Govt of men Why FR’s called fundamental/essential- they guaranteed and protected by the fundamental law (CONSTITUTION) originally 7 FR in the original Constitution, they are 0 Right to Equality-(Art-14-18) right to freedom (Art.19-22) Tight against exploitation (Art 23 & 24) right to freedom of religion (Art-25 to 28) Cultural and educational rights { Art 29 & 30) Right to Constitutional remedies (Art 32) Right to Property (Art 31) was deleted by the 44% Amend Act, 1978, now Right to Property is a legal right under Art.300A. o0000 4.2. Salient feature of FR main objective of the FR’s to ensure Individual liberty Available to both citizens and some FR’s to non-citizens also FR’s are not absolute-state i.e., Parliament/union legislature can impose reasonable restriction on FR’s R's place limitation on the arbitrary authority on state FR’s are “Justiciable”/enforceable FR’s Defended protected and guaranteed by the Supreme Court therefore Supreme court is regarded as Protector or guarantor of the FR’s FR’s be amended by the Parliament FR’s Can be suspended during the National emergency by the order of the President: © except Art.20 & 21 © Art 19 suspended only when war or external emergency declared not on the grounds of armed rebellion (internal emergency) it is application can be restricted /limit/control or abrogate/abolish to Military forces, police, para military(CRPF, BSF}, intelligence agency(CB), for any violation of FR’s citizen can approach either Supreme Coust or High Court 4.3 Art 12 speaks about the State- includes- + parliament, 3 organs-Union Govt, Executive + State legislatures- State Govt Executives + All local authorities + District Board- e.g.: coffee board, KIDB + Statutory authorities-e.g: LIC, ONGC + includes all its agencies 4.4 Art 13 says that all laws that are inconsistent with the FR shall be void4.5 RIGHT TO EQUALITY {Art-14-18} + Art-14- Equality before law and Equal protection of Law + prohibits discrimination on the Grounds of Religion, race, Caste, Color, sex or place of birth + Absent of special privileges in favor of any person ‘+ Equality before law based on UK Constitution -Rule of Law + Equal protection of Law Taken from American Constitution + It allows Reasonable classifications to clders, senior citizens, physically disabled persons etc. +All persons Equally subject to the ordinary Law of the land an should stand before ordinary courts ‘+ ILAimn-to minimize social inequality Equality not applies to (Exception)-President and Governors available to both citizens and non-citizens Right equality does not includes Beonomic Equality Equality means Equality among equals and not equality among unequal’s + Art-15- Prohibits Discrimination on the basis only on Religion, caste, race, sex of place of birth to access = shops, Public restaurants, Hotels and places of public entertainment + use of wells, tanks, resort, bathing places, roads which are wholly or partly by State funds or dedicated to use for publics * but state can make reservations through a law + 15 Clause (3) special provision to women and ehildren ¥ Reservation for women’s in jobs, college’s seats Y- Reservation for Backward Classes + Aim-to eradicated Varna system- untouchability ‘+ Art-16- Equal opportunities in the matters of Employment under state- prohibits discrimination on the Grounds of Religion, race, Caste, Color, sex or place of birth. ‘+ Reservation provided to SC and ST for 10 years + Mandal commission-BP MANDAL- appointed to study the conditions of the backward classes in 1979 by Morarji Desai Govt. ¥ implemented in 1990 by VP Sing Govt ¥ it recommended 27% reservation for other Back ward classes ¥ Supreme court says that total reservation Should not exceed 50 % Y No reservation in Promotions + Art-17- Abolish untouchability- its practice is an offence punishable under law + Untouchability offence Act -1955 + Available against Private + Right to Equality abolishes the “untouchability® in society ‘+ Art-18- Abolition of Titles + Prohibits citizens of India from accepting any title from any foreign state + Hereditary tivles like Maharaja, Raj-Bahaddur, Rai-Saheb, Dewan Bahadur etc which were given in British India were abolished under Art.18 to maintain equality. + But awards like Barat Ratna, padmashri, Padma bhushan, Padma vibhushan are NOT titles under the meaning of Art.18. = Supreme Court says that The awardees should not used Barat Ratna, padmashri, Padma bhushan, Padma vibhushan as suffixes or prefixes to the name of the awardees. Otherwise they should forfeit the awards. 10none gt ETT Nn, 4.6 RIGHT TO FREEDOM {ART.19-22) ‘+ Art-19- guarantees to all citizens 6 freedoms/rights and restrictions on freedoms © Art-19(1}- guarantees to all citizens 6 freedoms/rights © Art.19(2)- provides reasonable restrictions on the freedoms © during national emergency these freedoms can be suspended + ART.19(1)(a) Right to freedom of speech and expression, ¥ includes Freedom of press (Art 19 (1) (a) Y freedom of demonstrate/ protest ¥ But no right calf for strike /Bundh Restrictions Y integrity of India Y Security of state * ART.19(1)(b) Right assemble peacefully and without Arms Restrictions integrity of India ¥ Security of state Y Public order and morality * ART.19(1\(c) Right to form association or unions or co-operative societies Restrictions ¥ integrity of India ¥ Security of state ¥ Public order and morality ¥ Police are NOT entitled to form union * ART.19(1)(d)Right to move freely throughout the territory of India Restrictions Yin the interest of general public ¥ to protect the interest of Schedule Tribe + ART.19(1)(e}Right to reside/live(temporarily) and settle down/set up a home/ Domicile in any part of the territory Restrictions ¥ in the interest of general public Y to protect the interest of Schedule Tribe + ART.19(1)(g) Right to practice any profession or to carry on any occupations, trade or business Restrictions ¥ in the interest of general public ¥ Technical qualification is necessary business or profession which is immoral and dangerous like drugs, + 7 freedom- ART.19(1)(f) Right to acquire hold and dispose of property was deleted by 44% amendment Act, 1978 it is merely a legal right under Art.300-A + These 6 right/freedom protected against the State + available to only citizens + Maintenance of Law & order is NOT a ground to impose reasonable restriction on freedoms of citizens ‘+ Art-20 Protection in respect of conviction of offences; protection against arbitrary and excessive punishment to an accused person whether citizen or non-citizen + No Ex-post-Facto Law- ¥ ‘No person shall be convicted on any offence except for violation of a law in force at the time of commission of offence” 1"‘zw in force only as on the day of commission of offence no retrospective /retro-activity effect of eriminal law only prospective effect from the date of assent of President this principle not applicable /available against Civil Laws KOs 8 + No double Jeopardy ¥ No person shall be prosecuted/put to trail or punished for the same offence more than once + No Self incrimination ¥ No one shall be compelled to be a witness against himself for both oral and documentary evidence not extended /applicable to the Accused > for production of document > to give thumb impression, signature, blood sample > compulsory exhibition of body ‘+ Art-21 Right to life and personal liberty: No person shall be deprived of his life and personal, liberty except according to the procedure established by Jaw. + Available to both Citizens and Non-Citizens + Art.214 inserted by 86! Amendment Act,2002 ¥ free and compulsory education to ai children under the age group of 6 to 14 years ¥ Art.21A inserted by the 86% Amendment Act, in 2002, RTE-Act- Right of Children between the age group of 6 to 14 years of age-free and Compulsory Education Act-2009 by Parliament ¥. To give Primary Education ¥ Right to privacy/Right to primary education Right to decent Environment/to live with aignity are included in Right to life and personal liberty ‘+ Art-22 Protection against arrest and detention = Two types af arrest- ¥ Punitive arrest-after commission of offence Y Preventive detention-precautionary measure before commission of an offence + ordinary law Arrested person has following mandatory rights ¥- Right inform him about the grounds of arrest ¥ Right to consult an advocate ¥ Right to produce before the nearest magistrate within 24 hours of arrest, ‘excluding journey time “Right to release after 24 hours unless magistrate remanded him to the police or judicial custody + Preventive detention- Arrested person has following rights ¥- Right inform him about the grounds of arrest ¥ not to detained more than 8 months unless an advisory board recommendation to extend, Y Right to consult an advocate 4.7 RIGHT AGAINST EXPLOITATION (ART 23 & 24) + Art-23 Prohibition of traffic in human beings and BEGAR (forced Labour) + Right against exploitation seeks to protect the weaker sections of the society by Prohibiting the ‘human trafficking and begar ‘* available to both citizens and non-citizens + Prohibits traffic in human beings ~means ¥ Selling and buying of men, women and children, ¥ immoral traffic in women and children including prostitution 2Tet, * Prohibits BEGAR-(forced Labour) which means ¥ compulsory work without payment/remuneration ¥ bonded Labour ¥ It permits State to impose compulsory service without payment-Military service. social service Art-24 Prohibition of employment of children in factories ¥_ below the age of 14 years ¥ 2012 completely banned Child Labour 4.8 RIGHT TO FREEDOM OF RELIGION (Art-25 to 28) Art-25 freedom of profess (Declare openly his religion), Practice/rituals and propagate/spread any religion + available to all persons-citizens and non-citizens Art-26 freedom to manage religious affairs + Right establish institution for religious and charitable purposes "Right manage, acquire property ‘Ast.27 : freedom from taxation for promotion of a Religion + prohibits imposition of Tax only but not fee Art.28 : Religious instruction is prohibited in any educational institution maintained by state funds 4.9 CULTURAL AND EDUCATIONAL RIGHTS { Art 29 30) Art-29 protection of interest of Minorities + Jess than 50% of entire country or particular state + Minority includes both linguistic minorities on the basis of Language and religion minorities on the basis of religion + objectives of this right to preserve and conserve the their language, culture, script of the minorities Art-30 Right of minorities to establish and administer educational institutions 4.10 RIGHT TO CONSTITUTIONAL REMEDIES (ART 32) Constitution of confers special authority for the enforcement of FR’s on the Supreme Court of India. the other FRs can be enforced by the Right to Remedy under Art.32 of the Constitution Right to get Fundamental Rights is itself a Fundamental Right Dr.Ambedkar says that Article 32 or Right to Constitutional remedy is heart and soul of the Constitution” ART.32 * Right to move SC for enforcement of FR "Right to move SC ean be suspended by the President only during National Emergency under Art. 359. + SC regarded as defender and guarantor of FR to the Citizens * only FR can be enforced by Supreme Court under Art 32 and High Court under Art.226 ‘+ Supreme Court or High Court have power to issue directions or orders for enforcement of FRs is called as WRITS; 5 writs are :- Habeas corpus mandamus prohibition certiorari quo-warranto + writs are borrowed from the British/English Law SAK 86 B+ Writ of Habeas corpus ¥ Latin Term means “to have the body” ¥ itis an order issued by the court to a person who has detained another person “to produce in person before the court” “after examination of the legality if detention found illegal it will order to release the person se detained Y {tis a bulwark/safeguard of individual liberty against arbitrary arrest detained ¥ against both public authorities and private + Wait of Mandamus literally means ‘we command” ¥- Ibis a command issue to @ public official asking him to perform his official public duties. This writs is issued to public corporations, public authority or inferior courts, tribunal or govt directing them to perform their public duty ¥ It cannot be issued against private individual or body ¥ Not to issue against President and Governor, CJ of HC + Writ of Prohibition ¥ literally means “to forbid” ¥ issued by the Higher court to lower court which exceeding its jurisdiction in the earlier stage of case ¥ only against judicial and quasi-judicial authorities ¥ before passing order/preventive ¥ not available against administrative authorities, Legislative bodies or executive functions and private individuals + Writ of Certiorari ¥ literally means “to be certified” or “to be informed” ¥ issued by the Higher court to lower court which exceeding its jurisdiction or error of law ¥ only against judicial and quasi-judicial and administrative authorities which affect the rights of individuals both preventive and curative ¥ not available against Legislative bodies and private individuals + quo-warranto literally means “by what authority or warrant” ¥ issued against an public/govt. officer who illegally occupies an public office 4.11 Art.33-34. Empower the Parliament to restrict or abrogate Fundamental Rights to the members of Armed forces, Military, Paramilitary, Police Forces. 45. DIRECTIVE PRINCIPLES OF STATE POLICY Introduction: Part IV of Indian Constitution, under Art-36 to 51 Borrowed Idea from IRISH (Ireland) Constitution Dr.Ambedkar Describe DPSP as Novel Features’ of Indian Constitution Dr.Ambedkar also called DPSP as “ instrument of instruction” ‘The enforcement of the DPSP depend upon the availability of resources of the Govt. Features of DPSP DPSP aims/purpose having DPSP is to establish “welfare state” ‘The Ideal of welfare state is enshrined under DPSP DPSP are Social and economic rights The phrase economic justice is found in Preamble and Directive principles of state policy it denotes ideals/principle/ultimate object that state should keep in mind while formulating the policy Constitute @ very comprehensive Economic, Social Programme for the modern democratic state/welfare of the people non-Justiceable/we cannot compel the Govt. to implement them and cannot be enforced in the any Courts. © Positive instructions to government to work for the attainment of set of objectives © DPSP are in the nature of Guidelines to the State Ciassification of DPSP © The Constitution assures economic justice to the Indian citizens through DPSP © The DPSP can be classified in to Socialists, Gandhians and liberals © DPSP aims to Rising the standard of living of the people © Equitable distribution of material resources © Prevention of _ concen- tration of wealth and means of production © equal pay for equal work for men and women © to preserve the health of the workers © healthy development of children 46. to promote education and economic interest of SC & ST and other weaker section of the peoples 47. To Prohibit liquor’s other intoxicants and drugs which are injurious to health 48A to protect and improve environment (42%! Amendment. 1976) 49. to protect’ monuments, historic buildings which are national importance 50. to separate judiciary from the executive Socialistic Principles | Gandhian Principles Liberal Principles ] ‘38.To promote welfare of the| 40, Organize village | 44. Uniform Civil Code | people by securing social | panchayath throughout the country order to minimize inequality (Marriages, inheritance, in income and status divorce, adoption, succession) 39 to secure adequate means of |43. To promote cottage | 45. free and compulsory lively hood for all citizens _| industries education | 39A free legal aid to Poor (inserted by ‘Amendment. 1976) 420 48 Prohibition of slaughtering of cows and others cattle and to improve their breed 51, To promote international peace and security 41. To secure Right to work and education 42 Maternity Benefit and humane condition at work 4A Participation of workers in management (42 Amendment 1976) 15‘+ Uniform Civil Code means-Cosified Civil law applicable to all persons of India irrespective of their religion /community ‘+ Uniform Civil Code means Common civil law applicable to all irrespective of their religion * Uniform Civil Code is not implemented so far ‘+ The phrase Beonomie justice found in bot preamble and DPSP * Village panchayath are best example for India’s Democratic form of Government * Indian Constitution is silent as to DPSP-Adult edweation ‘+ DPSP has been amended by 424 Amendment Act, 1976i and inserted 3 Articles ¥ Art.39A - Free legal aid to Poor ¥ Art.43A -Participation of workers in management ¥ Axt.48A -To protect and improve environment 6. FUNDMENTAL DUTIES * Indian FD inspired /borrowed from the constitution of USSR (Russia) + Duty/responsibility obligation ~ something to do or abstain from doing that are expected or required to do by moral or legal obligation Applicable to all Citizens guidelines to the citizens to perform/conduct in their day to day activities FD's enshrined under Part IV A, Art.51A D's are NOT inchided in original Constitution inserted by 42% amendment act in 1976 oon the recommendation of Sardat Swaran Sing Committee Report ‘The inspiration to have Duties derived from and Japan Constitution By 426 amendment act in 1976-there were 10 Fundmental duties, by 86%4 amendment act in 2002-one more FD added Parliament can impose Penalty for violation of Duties ‘The Fundamental duties have keen incorporated in the constitution to remind every eltizen that they should not only be conscious of their rights but also of their duty + Moral obligations of all citizens to help promote a spirit of pattiotism and to uphold the unity of Indial Fundamental Duties 1. flo abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; The Prevention of insults to Natiomat Honour Act, 1971 (year jail) 2. to cherish /Cultivate and follow the noble ideals which inspired our national straggle for freedom; 3. to uphold and protect the sovereignty, unity and integrity of India; 4, to defend the country ané render national service when called upon to do so; 5. to promote harmony and the spirit of common brotherhood amongst alll the people to renounce practices derogatory to the dignity of women; 6. tavalue and preserve the rich heritage /tradition of our composite culture; (unity in diversity) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; to develop the scientific temper, humanism and the spirit of inquiry and reform: 9. to safeguard public property and to abjure/renounce/give up violence; 10. To strive towards excellence in all spheres of individual and collective activit constantly rises to higher levels of endeavour and achievement. so that the nation 11, Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. 167. ORGANS OF THE UNION & STATE Introduction ‘+ The 3 organs or main pillars of Indian constitution are © Legislatures:- Union Legislature/Parliament and state legislature © Executives:- Union Executes and state executives © Judiciary:- Supreme Court and High Court + Primary functions of 3 organs: © ‘The legislature makes laws, the executive enforces/implement the law and the judiciary applies the law to the specific cases arising out of the breach of taw. 7. UNION EXECUTIVE ‘+ Union executive includes -President, PM, Ministers and Attorney general of India _PRESIDENT 7. ‘* The president of India has similar constitutional authority as the British Monarch + Art. 52- Part V there shall be a President for Union India ‘+ He is integral Part of PARLIAMENT/UNION Legislatives + Constitutional Head of the State/First Citizen of India ‘+ Chief Executive of the STATE * He isa nominal head of the state the real power vested with PM & Council of Ministers. President represent the nation but does not rale the nation, therefore, the real executive are PM é& Council of Ministers PM & Council of Ministers carried out day today administration in the name of the PRESIDENT President is acting on the advice of the PM & Council of Ministers President of India is elected indirectly by the people his salary charged on the consolidated fund of [NDIA Oath-by Chief Justice of INDIA/ in his absence senior most SC Judge tion of President ‘+ is the system used to elect the President of India is Proportional representation + election of the office of the President is conducted by Election Commission ‘+ President is elected indirectly by the people for years © by an electoral college consisting + All elected MP's of Lok-sabha & Rajyassbha + All elected MLA of the all states and Union territories of Delhi & Pondicherry © Nominated members of LS, RS and Assembly, and MLC are NOT participating in the president election © His nomination to election must be proposed and supported by 50 Parliamentarians ©. eligible for re-election for any number of times © Any dispute regarding the election of President and Vice President is decided by Supreme Court. © President and Vice President are immune from eriminal proceedings, process for the arrest ‘or imprisonment and he is not answerable to any court for the exercise and performance of his duty in office Qualification to Contest the President Election (© Must be citizen of India Must have attain/completed the age of 35 years must have qualification that of a member of Lok-sabha should not hold an office of profit-national, state or local should net by unsound mind should not be an insolvent or bankrupt/not able to clear loans/pauper should abide by the Constitution eo00e v7‘Vacant of President Office © resignation in writing to Viee President after completion of tenure Outgoing President continue in the office till new president elected In case of resignation, death or teroval of the President, wice president acts as president/ if No Vice-President than Chief Justice of India/ If Chief Justice of India is also vacant than senior most SC Judge discharge the duties of President. © In case of vacant of office of President the same must be filled within 6 months. IMPEACHMENT jcharge/accusation of President ‘© Process of removing of President is called as impeachment procedure, © The President of India can be removed from the office by initiating process called IMPEACHMENT on the grounds of Violation of Constitution by both the houses of Parliament he may be Motion for impeachment can be initiated in either house of Parliament 14 days advance notice must endorsed by % of the members of the house. 2/3 members should present and vote in Parliament on majority, in favor of impeachment system of impeachment was borrowed from the constitution of USA Power and Functions of President co Legislative functions/Power:- + To summon and prorogue /to adjourn session + to dissolve Lok-sabha + power to address the Parliament-after the general election for Lok-sabha in the first sescion-"Presidential Speech” + assent the bills-bill passed in Parliament becomes an Act after President assent + to withhold the bill called as “veto Power” only non-money bill + Money bill- Budget eannot withhold + one submission of withhold bill without the changes he cannot refuse to sign, he must assent to it + call for joint session to pass the bill + power to nominate 2 Anglo Indians to Lok-sabha and 12 members to Rajya sabha © Executive power ‘+ administrative head of Republic of India + All accounts and agreement carried out in the name of the President on behalf of the Govt + President empowered to appoint PM and the Union Minister on the recommendation of the PM Judges of HC & SC ‘Comptroller and Auditor General of India (CAG) Chief Election Commissioner (CEC) Attomey general of India-Highest law/legal officer of the country/ehief legal adviser to Union Govt. ‘appoints & remove Chairman and members of $ UPSc $ NHRC-National Human Rights Commission Backward commission % National Commission for Woman © Financial power + Financial bill eannet be presented in the Parliament without the consent of the President + the members of finance comeaission and Planning commission appointed by President + Custody of the contingency fund of India is with President KA8 65 < 18AO EO, © Judicial power + Pardoning power of the President of any person convicted of any offence in all cases involving death sentence, All cases of Punishment by court martial, An offence against law in union and concurrent list on the advice of Union Home Minister Y may reduce sentence ¥ cancel total punishment «Appoints SC and HC Judges "He can seek advice from Supreme Court in the matter of public interest in any matter of law. But, such advice given by'SC in not binding on President. + ’Respite’ means awarding lesser punishment © Military power + Chief commander of the armed forces + Power to declare war and peace * chiefs of Army, Navy and Air force appointed by President © Diplomatic power "Send and received ambassadors ‘+ represent country in international affairs + he does not sign any treaties or agreements or settlements © Emergency power "= May declare or cali back emergency ¥ National Emergency/armed rebellion/external war) threat to the security Nation Art.352 Y State emergency / President Rule failure of Constitutional Machinery in the state Art 356 v Financial Emergency/ financial ability is at risk Art.360 © Ordinance Making power * During / when both the houses of Parliament are not in session these ordinance must be laid before Parliament after session resumes Maximum life of the Ordinance is 6 weeks after the reassembly of Parliament if both houses approves it will becomes ACT president can withdraw ordinance any time + Vice President is elected ONLY by MP’s of Lok-sabha and Rajyasabha ‘* Vice president is the ex officie chairman of Rajyasabha 7.2_PRIME MINISTER é& COUNCIL OF MINISTERS ‘+ Parliamentary system as per the mode! of British “Westminster” Model * Similar to Britain, India has nominal Executive & real Executive. though powers vested with President the Real Executive powers is vested with PM & Council of Ministers ‘+ The office of the Prime Minister is ereated by the “CONSTITUTION”-Article 74 PRIME MINISTER Art.74 provide that there shall be a council of ministers headed by a Prime minister PM is the “Key stone” of Indian Constitution, PM is head of the Government and real executive PM is appointed by President Council of Ministers appointed by the President on the advice of the PM President administer oath to the PM and other Ministers Ministers holding the office during the pleasure of President. Union Council of ministers hold office during the pleasure of President which in fact means during the pleasure of PM. 19Union Council of ministers Collectively responsible to LOK SABHA/Parliament Generally PM is from LOK Sabha ‘A Member of Council of Union Ministers can be dismissed by President On recommendation of the Prime Minister ‘A person can be appointed as Prime Minister but he should become member of Lokasabha or Rajyasabha within 6 Months. the non-member of LS or RS should become member of Parliament within 6 months by election or by nomination A person can be a Prime Minister or Union Minister without being member of Parliament for a maximum period of 6 months PM is gencrally a Leader of the Majority Party in Lok-Sabha ‘The number of Minsters in the Union Cabinet is fixed by the Parliament ‘The number of Minsters in the Union Cabinet including PM is 15% of Lok-sabha members. total No of Ministers including PM shall not exceed 15% of the Total strength of the Lok- Sabha- introduced by 91% amendment Act, 2003 PM holds office As long as he enjoys the confidence of Parliament Power and Function of Prime Minister formation of Ministry- President appoints Union ministers on recommendation of PM President Allocate portfolio on recommendation of PM he is chairman of the cabinet meeting and preside over the cabinet meeting Leader of Lok-sabha ¥ all major decisions & announcement Leader of the Govt, PM is the chief spoke person of the union Government ¥ to face criticism from opposition and from public ¥ to defend policies of the Govt. in the house and also out side Co-ordination and supervision entire administration, PM is acting as Bridge/medium of communication between President and Parliament/Ministry PM has Power to recommend to President to dissolve Lok-Sabha Power to recommend appointments CAG, CEC ete. In Indian Constitution there is NO provision for Deputy PM, but there may by Deputy PM. 7.3 ATTORNEY GENERAL OF INDIA (at present-KK Venugopal) Highest Law officer/chief law officer of India appointed by President tenure not fixed, can be removed by president any time Solicitor general of India is second law officer, sub ordinate to AG AG has right to speak and participate in the both LS & RS No voting Right appear on behalf of Govt of India in SC 208. Parl 8.1, (ON, TIVE ent Under Part V-Art.79 to 122 speaks about the Parliament Pafliamentary system in India is based on the Parliamentary system of UK Bicameral systern-two houses- Lok Sabha and Rajya sabha word Legislate means “to make law” and Word ‘Parliament’ Means “to talk” No education qualification to become the member of Parliament Law made by the Paniament uniformly applicable to all states and cannot be declared as extra territorial ung Parliament” means A Patliament in which no Party has a clear majority Parliament includes 3 parts + President + Lok sabha/House of People/lower House * Rajya sabha/Council of states /upper House Sessions = First session in the year- Budget session ( Feb-May) + Second session in the year- Monsoon session (Jul- Sept) * Third session in the year—Winter session ( Nov-Dec) "The first session of the Parliament after the general election i.e., Budget session is Mandatory provision ‘+ The first session in every year of the Parliament is commence with the address of President + The first Hlour of the every sitting in both houses of the Parliament is devoted to ask question to give answer by the concern Minister called Question hour + The Zero Hour of the Parliament is The period immediately following the question hour when the members raise their voice on various matters of public importance DENT not a member of either house does not sit in Parliament But he is an integral Part of Parliament because a bill passed by the both houses become law only after his assent to it he also summon and prorogue parliament, dissolve parliament and address both the houses, issues ordinance 8: a RAS A SABHA/ Council of states/upper House Rajyasabha is identified as the Knowledge house? Rajyasabha is a permanent House. cannot be dissolved any time Rajyasabha is preside by the Chairman who is a Not a member of Rajyasabha -Vice president of India Composition + Maximum strength of RS is 250 + 238 elected from the all states and unton territories in India and + 12 are nominated by the President Representatives of states ‘+ elected by the MLA’s seats allotted to the each states on the basis of Population of that state hence number of representatives to RS varies from one state to another E.g, In UP has 31 seats while Tripura has only one seats Union territories - only Delhi and Pondicherry have representative in RS Nominated Members "the person who have special knowledge or practical experience Knowledge in arts science, literature, sports (Qualification: Citizen of India not less than 30 years not holding any office of profit at national, state or local unsound mind and insolvent 2auration: + 6 year = Every 2 year 1/3 of RS members will retire + Permanent House not subject to dissolution + eligible for re-election RS is presided over by Non -member i.e. Vice-President ‘Chairman of RS- 5 years-Vice President -Ex officio-not appointed or elected. \Vice President [Non -member of RS) has right to preside over the RS 8.3 LOK-SABHA/House of People/lower House Lokasabha is superior to Rajya sabha becalise its members disectly elected by the peoples, It can remove the council of minister through a vote of no-confidence and It alone controls the purse, ‘The first General election were held in India in 1951-52 Lokasabha is identified as the ‘democratic chamber’ ‘Money bill/ Budget should be initiated only in Lok sabha A bill is money bill or not decided by the President Composition ‘+ Maximum strength 50+2 + 530 from States #20 from Union Territories * 2 Anglo-Indians nominated = present strength of Lok-sabha is 543+2 {530 from states +13 from UT +2) + allocation seats to states and UT is on the basis of POPULATION Qualification: "Citizen of India + not less than 25 years = not holding any office of profit at national, state or local * unsound mind and insolvent Duration: 8 year and Can contest from two or more constituencies + Permanent House not subject to dissolution but he must retain only one eligible for re-election "The term of LS can be extended beyond its normal term of 5 years by President during only National Emergency Speaker- ‘He is Presiding officer of Lok sabha & Custodian of the Parliament ‘+ Elected by and among the member of Lok-sabha + after elected as speaker he should resign to party membership Cuts-off his connections with his party "Tenure of speaker for 5 year term + he the custodian of Lok-sabha and conduct the proceeding impartially + Speaker presides over the joint session of Parliament speaker of the LS uses his power of casting of vote only in case of tie (when votes equal in parliament) House of People (LS) can be adjourned sine-die by the Speaker Speaker is consider as the custodian of the Parliament and particularly LOKSABHA Speaker may resign in writing to Deputy-Speaker Speaker decides /certify that a bill is Money bill and his decision is final 8.4 Vacating of RS & LS Seats/Members +” Double membership © cannot be both LS or RS Member © cannot be a member of ASSEMBLY & Parliament, + Disqualification if he holds any office of profit found guilty of election offences 22if he convicted of an offence which results 2 years imprisonment if he fails to give his election expenditure if he votes or abstain from voting in contrary/opposing to the direction given by his party WHIP if any nominated Member joins a Political Party © the Question of Disqualification is decided by: YRS member -Chairman ¥ 1S Member-Speaker Y Subject to Judicial Review + Resign in writing . © RS member ~Chairman © LS Member-Speaker + Absence © Ifany member absence from all its meeting for a period of 60 days without permission he can be disqualified or the seat of the member of Parliament my declare vacant 8.5 Immunities to RS & LS Members + freedom of speech + cannot be arrested in case of civil cases 40 days before and after a sitting in parliament + immunity not applicable to criminal cases + The Speech made by the MP on the floor of the house Cannot be questioned in any court 8.6 Quorum RS & LS to Conduct house + 1/10 (10%) members should present + in RS-25 i.e. 10% of 250 = In LS-55 ie., 10% of 545, 8.7Sine-die-adjournment of session of the Parliament to indefinite time, House of People (LS) can be adjourned sine-die by the Speaker 8.8Zero hour-starts immediately after question hour and lasts until the agenda (regular business of house) for the day is taken up 8.9BUDGET: ANNUAL FINANCIAL STATEMENT: the term Budget” not explicitly stated in Constitution, + It is “annual financial statement prepared by the Economic affairs Department. It can be introduced by the Finance Minister only in Loksabha with prior permission of the President. 8.4 Power and functions of Parliament ‘© Legislative powers ‘+ Making laws for the good governance of the country = Union list- Defence, railway, Foreign affairs, Post & Telegraph + State List-Police, forest, agriculture, Hospitals, irrigation, Labour welfare + Concurrent list-education, Power, Marriage, Press, religion + Executive Power + Parliament exercises control over the Executives + executives are responsible to the Parliament + the Ministers are collectively responsible to the Parliament in general and to Lok-sabha in particular + Financial Power + the Budget has to be placed before parliament for its approval + no tax can be levied or collected without the approval of Parliament = all the expenses should be incurred with the permission of the Parliament + Constituent power * Parliament can amend the provisions of Constitution + electoral functions elects President, vice president, Lak-sabha elects Speaker + Judicial powers + it can impeach President, vice president, Chief Justice of SC and HC and justices of SC and HC + punishes members and also out siders for breach of Privileges of Parliament BSTATE EXECUTIVE, 9.1. GOVERNOR Ar\.153-167 part VI- deals with state legislative State executive consists * governor + Chief Minister an Council of ministers Advocate general of the state Governor is the chief executive of the state ‘@ person can be governor for two states « he is appointing by the President He act as an agent of the central govt. QUALIFICATION = Must be citizen of India Must have attain /completed the age of 35 years should not hold an office of profit-national, state or local should not by unsound mind should not be an insolvent or bankrupt/not able to clear loans/ pauper ‘+ he should be an ontsider-free from local politics(Jaya chamaraj wodeyar) + before appointing president rust consult the CM Term of Office 5 years or during the pleasure of the President + resign in writing to President + he may be removed by the President without giving valid reason Oath by the CJ of the State High court Power and functions of Governor © Legislative functions + To summon and prorogue session of the state legislatures, + to dissolve Assembly + power to address the Session-after the general election for assembly in the first session- “Governor Speech” + to assent the bills and + to withhold the bill called as “veto Power” only non-money bill + Money bill- Budget cannot withhold ‘+ on re-submission of withhold bill without the changes he cannot refuse to sign, he must assent to it + call for joint session to pass the bill * power to nominate 1 Anglo Indians to assembly and 1/6 members to MLC. © Bxecutive power = administrative head of state + all accounts and agreement carried out in the name of the Governor on behalf of the Govt, Y he appointing: CM and the Minister on the recommendation of the CM and Y appoints & remove Chairman and members of :State Public Service Commission © Financial power » Annual financial statement-budget laid before the assembly + the members of state finance commission and Planning commission appointed by President © Judicial power « Pardoning sentence of person including death sentence may reduce sentence cancel total punishment + he will be consulted before Appointing to HC Judges + he appoints, promotions, posting of District judges in consultation with HC © Ordinance Making power ‘+ when both the houses are not in session and there is need of immediate action 24+ these ordinance must be laid before Parliament after session resumes + Maximum life of the Ordinance is 6 months and 6 weeks + if both houses approves it will becomes ACT + president can withdraw ordinance any time © Discretionary power if no party enjoins majority it is left to the Governor to call any person to form Govt and to prove its majority + dissolution of assembly if council of ministers has lost its majority + he can reserve some bills for the consideration of the President + he can recommend to President to"impose president rule if he feels that constitutional machinery fails in the state (Art.356) 9.2. CM AND COUNCIL OF MINISTERS CM is the Real executive of the state & usually leader of the majority party Art.164 says that CM shall be appointed by the governor Council of minister will ve appointed by the Governor on recommendation of CM Oath will be administered by the Governor to CM and Ministers Council of Ministers directly responsible to Vidhana sabha-popuiar house Minister shall not cross 15% of the total strength of lower house-vidhana sabha Power and functions of CM and MINISTERS * formation of Ministry and Allocation of port folios to various ministers * chairman of the cabinet meeting- The meetings of the council of ministers are presided over by Chief Minister + Leader of Vidhana sabha and take all major decisions & announcement + Leader of the Govt. Y to face criticism ¥ to defend policies of the Govt in the house and also out side * Co-ordination and supervision entire administration + Bridge between Governor and Assembly Y informing governor about the decisions taken by Govt = Power to dissolve Assembly-Lower house = power to recommend appointments Advocate General, Members of SPSC Chief Minister is the Head of the Council of Minister therefore on his resignation to CM post or on death of the CM, the Council of Ministers automatically dissolves. 2510. STATE LEGISLATIVE + Art.168.212 part VI deal with the state legislative, organization, composition, duration power and functions In India no uniformity in the organization of state legislature ‘Most af the state has only one house-lower house only in AP, Karnataka, UP, Bihar, Maharashtra have bicameral system-two house State Legislative includes "Governor Legislative assembly (MLA)-vidana sapha -lower house ‘Legislative Council (MLC)-vidhana parishad-upper house 10.1 Composition of Assembly "Directly elected by the people 224, 1 Anglo-Indian nominated in Karnataka total 225 MLA in Karnataka + minimum strength is 60 & maximum member strength is fixed 500 + Term of office/Tenure ‘= MLAS years and for MLC-6 years 10.2 Composition of Council "According to the Article 171 of the Constitution the total members in the Legislative council should not be less than 40 members * the total strength of the Council is 75 in Karnataka out which © 1/aare elected by the MLA 1/3 by local bodies © 1/12 from Graduate Constituency © 1/12 from Teachers Constituency © remainder nominated by the Governor 10,3 Qualification to become the member * Citizen of India ‘+ not less than 25 years for MLA, 30 years for MLC + not holding any office of profit at national, state or local = unsound mind and insolvent 10.4 Power and functions of State Legislatives + Legislative powers ‘+ Making laws for the good governance of the State + Union list- Defence, railway, Post & Telegraph, Civil aviation, Finance + State List-Education, agriculture, Police, forests, Hospital , irrigation + Concurrent list © Executive Power + Assembly exercises control over the Executives + executives are responsible to the Assembly + the Ministers are collectively responsible to the Assembly in general and to Vidhana sabha in particular + Financial Power = the Budget has to be placed before Assembly for its approval » no tax can be levied or collected without the approval of Assembly + all the expenses should be incurted with the permission of the Assembly * Constituent power * Constitution amendment special majority with the consent of the % of states * Electoral functions: it elects President, Rajyasabha member & elects Speaker 26