2019

2 MARKS

1) Write two important features of the Government of India Act, 1935.

2) Which Act proclaimed lapse of British Paramountacy over Indian States?

3) What is doctrine of severability?

4) What is Ex-Post facto Laws?

5)What is Uniform Civil Code?

6) The Chapter of Fundamental Duties has been added to the Constitution by which
Amendment Act?

7) Give two important Constitutional duties assigned to the Governor

8) What is difference between prorogation and dissolution

9) What is doctrine of Colourable Legislation?

10) What is Prospective Overruling?

4 marks

1) Preamble to the Constitution of India

The preamble of the Constitution of India is an introduction of the Constitution which

includes the sets of rules and regulations to guide the people of the country. The
inspiration and the motto of the citizens are explained in it. The preamble can be
considered as the beginning of the Constitution which highlights the base of the
Constitution.

The preamble to the Constitution aims to introduce the purpose behind the provisions of
the Constitution. The inspiration and the essence based on which the Indian Constitution
has been drafted is embodied in the Preamble. It is the part highlighting the goals and
principles of the Constitution. The Preamble of the Constitution of India embodies the
ideology and the authority of the Constitution.

The preamble paves the way for a better interpretation of the provisions of the Constitution.
The preamble is said to set the stage for a document, statute, bill or Act. It is an
introductory or expression statement that underlines the values, aims, objectives and
principles of the Constitution. It is the preface reflecting the goals and objectives of the
makers of the particular bill, statute, etc. Its major function is to recite and explain
peculiar facts of the enactment which are crucial to explain and recite before
understanding and diving into the enactment. Further, it can also be used as a document
that will restrict the scope of certain expressions contained in the document or for
providing an explanation and introduction to the definitions that are present in the
enactment.

Meaning of the Preamble to the Indian Constitution

 The term ‘Preamble’ refers to the introduction or preface to the Constitution. It contains
the summary or essence of the Constitution, along with the ideals and aspirations upon
which the Indian state is founded.

 While describing the meaning of the Preamble of the Indian Constitution, an eminent
jurist N.A. Palkhivala has called it the ‘Identity Card of the
 Constitution’. Similarly, K.M. Munshi has described it as the ‘Political Horoscope of the
Constitution’.

Historical Background

On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the Constituent
Assembly. This resolution defined the basic goal or purpose of the Indian Constitution. It
also acted as the guiding principle for the members of the constituent assembly in
framing the constitution. The same resolution was adopted as the Preamble to the Indian
Constitution on January 22, 1947.

Text of the Preamble

We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:

JUSTICE, Social, Economic and Political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity and to promote among them all;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;

In Our Constituent Assembly, this 26th day of November 1949, do HEREBY ADOPT,
ENACT, and GIVE TO OURSELVES THIS CONSTITUTION.

Components of the Preamble

 Source of authority for the Constitution – The Preamble states that the Constitution
derives its authority from the people of India.

 Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular

Democratic, and Republican Polity.
 Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternityas
the objectives.

 Date of adoption of the Constitution – It stipulates November 26, 1949, as the date of its
adoption.

Key Words in The Preamble

“We, the People of India”

It is this phrase that affirms that the Constitution of India derives its authority and
legitimacy from the people of India.

 This phrase states that the Constitution is not imposed by any external authority but is
drafted and adopted by the people themselves, reflecting their collective will and
aspirations.

 It signifies the power and responsibility vested in the citizens to govern themselves and
participate in the democratic process.

Sovereign

The word ‘sovereign’ implies that India is neither dependent on nor dominated by any
other country, but it is a self-governing state.

 No authority is above it, and it is free to manage its own external and internal affairs.

 Being a sovereign state, India can either acquire a foreign territory or cede a part of its
territory in favor of a foreign state.

Socialist

The word ‘socialist’’ implies that it envisions a socio-economic system where there is an
equitable distribution of wealth, resources, and opportunities, aiming to reduce economic
inequalities among citizens.
 The Indian brand of socialism is a ‘democratic socialism’ wherein both private and
public sectors co-exist side by side.

Secular

The word ‘secular’ emphasizes the principle of religious neutrality and the separation of
religion from the affairs of the state.

 The Indian Constitution embodies the positive concept of secularism, which means all
religions in our country, irrespective of their strength, have the same status and support
from the state.

 This principle fosters social harmony, tolerance, and respect for religious diversity in a
pluralistic society like India.

Democratic

The word ‘democratic’ emphasizes the establishment of a government that is accountable to

the people and operates based on the consent of the governed.

 The Indian Constitution provides for a representative parliamentary democracy under

which the executive is responsible to the legislature for all its policies and actions.

 Universal voting rights for all adults, periodic elections, the supremacy of law,
independence of the judiciary, and the absence of discrimination based on certain
attributes are signs of the democratic nature of India’s political system.

 The term ‘democratic’ embraces not only political democracy but also social and
economic democracy.

Republic

The term “republic” signifies a form of government where the head of state is elected by the
people or their representatives, rather than being hereditary or appointed based on
lineage.
 It reflects the rejection of monarchy and the establishment of a political system based on
democratic principles, where the authority of the government is derived from the
consent of the governed.

 A republic also means two additional things-

o Political sovereignty is vested in the people rather than a single ruler like a king.

o There is no privileged class, so all public offices are open to every citizen without any
discrimination.

Justice

The term ‘justice’ signifies the commitment of the Indian state to ensure social, economic,
and political justice for all its citizens.

 Social justice – It refers to the equal treatment of all citizens regardless of social
distinctions like caste, color, race, religion, gender, etc. It means the absence of privileges
for any particular group in society and improving conditions of Backward Classes (SCs,
STs, and OBCs) and Women.

 Economic justice – It denotes non-discrimination between people based on economic

factors. It also involves the elimination of inequalities in income, wealth, and property.

 Political justice – It implies that all citizens should have equal political rights, equal
access to all political offices, and equal voice in the government.

 The ideal of justice – social, economic, and political – has been taken from the Russian
Revolution.

Liberty

The term ‘liberty’ means the absence of restraints on the activities of individuals, along with
providing opportunities for individual growth and development.

 The Preamble seeks to secure for all citizens the fundamental rights of liberty of thought,
expression, belief, faith, and worship, which are enforceable in a court of law.
 Liberty, as conceived by the Preamble, is not absolute but qualified. It means that liberty
does not mean ‘license’ to do whatever one likes. Instead, it has to be enjoyed within the
limitations mentioned in the Constitution.

Equality

The term ‘equality’ means the absence of special privileges for any section of society and the
provision of adequate opportunities for all individuals without any discrimination.

 The Preamble secures for all citizens of India equality of status and opportunity in three
dimensions:
o Civic Equality – The Fundamental Rights under the Right to Equality (Article 14-18) seek
to ensure civil equality.

o Political Equality – The two provisions of the Constitution related to elections, as

mentioned in Article 325 and Article 326, seek to ensure political equality.

o Economic Equality – The Directive Principles of State Policy, as mentioned in Article 39,
directs the state to secure men’s and women’s equal rights to an adequate means of
livelihood along with equal pay for equal work. This seeks to ensure economic equality.

Fraternity

The term “fraternity” emphasizes the importance of fostering a sense of brotherhood and
unity among all citizens.

 The Preamble declares that fraternity has to assure two things—the dignity of the
individual and the unity and integrity of the nation.

 The phrase ‘dignity of the individual’ signifies that the Constitution ensures material
betterment and recognizes every person’s sacred individuality.

 The phrase ‘unity and integrity of the nation’ embraces both the psychological and
territorial dimensions of national integration. It aims at overcoming hindrances to
national integration like communalism, regionalism, casteism, linguism, secessionism,
and so on.
Significance of Preamble of Indian Constitution

 The Preamble of the Indian Constitution embodies the basic philosophy and
fundamental values on which the Constitution is based. Thus, it provides a glimpse of
the Constitution of India.

 As the soul and key to the Constitution, it provides a guiding framework for the
interpretation and implementation of the various provisions of the Constitution.

 It serves as the guiding light for governance, providing a moral compass for
policymakers and lawmakers. It reminds them of the overarching goals of justice,
equality, liberty, and fraternity that they must strive to achieve in their decision-making
processes.

 It symbolizes the unity and diversity of India by acknowledging the plurality of its
citizens and their diverse backgrounds, languages, cultures, and religions.

 It serves as an inspiration for citizens, reminding them of their rights, duties, and
responsibilities towards the nation. It instills a sense of patriotism, civic duty, and
commitment to the ideals of justice, equality, and fraternity among the populace.

Major Issues and Judgments Related to the Preamble

Is the Preamble a Part of the Constitution of India?

One of the major discussions related to the Preamble of India has been that – whether the
Preamble is a part of the Constitution or not. The evolution of opinion on this issue can
be seen through the following landmark judgments of the Supreme Court-

Berubari Union Case, 1960

In this case, the Supreme Court made the following two observations regarding the
Preamble of India-

 The Preamble is not a part of the Constitution.

 Since the Preamble serves as the key to the minds of our Constitution makers, some
assistance in interpreting any ambiguity in the Constitution can be taken from the
Preamble.

 Thus, the position of the Preamble after this judgment was that – The Preamble is not a
part of the Constitution, though some assistance in the interpretation of the Constitution
may be taken from it.

Kesavananda Bharati Case, 1973

In this judgment, the Supreme Court reversed its stand on the Preamble and made the
following observations-

 The Preamble of the Indian Constitution will now be considered a part of the
Constitution.

 It will play an important role in the interpretation of statutes and other various
provisions of the Constitution.

LIC of India Case, 1995

The Supreme Court once again ruled that the Preamble is an integral part of the
Constitution, but it cannot be directly enforced in a court of justice in India.

Can the Preamble be Amended?

Another important discussion related to the Preamble of the Indian Constitution has
been – whether the Preamble can be amended under Article 368 or not. The
evolution of opinion on this issue can be seen through the following landmark
developments-

Kesavananda Bharati Case, 1973

In this case, the Supreme Court held that the Preamble is a part of the Constitution
and hence can be amended, subject to the condition that no amendment is done to
the ‘Basic Structure’ of the Constitution.
Amendment to the Preamble

The Preamble to the Constitution has been amended only once by the 42nd
Constitutional Amendment Act of 1976. The amendment, which was made based
on the recommendations of the Sardar Swaran Singh Committee, added three
new words – Socialist, Secular, and Integrity – to the existing Preamble.

 ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.

 ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
The Preamble of the Indian Constitution serves as a foundational document and
guiding light that outlines the objectives of the whole Constitution. It’s a
declaration that acts as a fountainhead of wisdom for the Constitution of India.
Therefore, while making a law, lawmakers have to examine it on the threshold of
the Preamble of the Constitution.

2) Cultural and Educational Right

Introduction

Articles 29 and 30 of the Constitution of India, 1950 (COI) confer certain rights on the
minorities with the objective of recognition and preservation of the different types of
people with diverse languages and different beliefs which constitute the essence of
secularism in India.

Article 29 of COI

This Article deals with the protection of interests of minorities. It states that-
(1) Any section of the citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language
or any of them.
This Article applies to the citizens only.
The right to conserve means the right to preserve or the right to maintain. It also includes
the right to work for one’s own language, script or culture and to agitate for the same.
To claim this right, the following conditions must be satisfied:
The right can be claimed by any section of citizens.
That section of citizens must be residing in the territory of India.
That section of citizens must have a distinct language, script and culture of its own.

This right may be exercised by setting up educational institutes and by imparting

instructions to the children of their own community on their own language.

Article 30, COI

This Article deals with the right of minorities to establish and administer educational
institutions. It states that—
(1) All minorities, whether based on religion or language, shall have the right to establish
and administer educational institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority, referred to in clause
(1), the State shall ensure that the amount fixed by or determined under such law for the
acquisition of such property is such as would not restrict or abrogate the right guaranteed
under that clause.
(2) The State shall not, in granting aid to educational institutions, discriminate against any
educational institution on the grounds that it is under the management of a minority,
whether based on religion or language.
It applies to both citizens and non-citizens.
This Article is confined only to minorities, religious or linguistics and does not extend to any
section of citizens as under Article 29 of the COI.
Article 30(1A) was added by the 44th Constitutional Amendment Act of 1978 to protect the
rights of minorities.

Case Laws

Jagdev Singh Sidhanti v. Partap Singh (1965), the Supreme Court held that the right to
conserve granted under Article 29(1) of the COI includes the freedom to agitate for the
protection of their language, meaning political region.
Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974), the Supreme Court held
that even majorities could claim protection under Article 29 of the COI, even though the
term minorities is mentioned in the title of the provision

Joynal Abunil v. State (1990) the Supreme Court summarized the provisions under Article
30 of the COI as:
Freedom to establish
Freedom to administer an educational institution of their own choice.

3) Money Bill

Introduction

A Money Bill is a financial legislation that contains provisions exclusively related to

revenue, taxation, government expenditures, and borrowing.

It forms a crucial part of the Union Budget.

Definition of Money Bill

Article 110 of the Constitution of India, 1950 (COI) defines money bill. It states that
–

(1)For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following matters, namely:

 (a) the imposition, abolition, remission, alteration or regulation of any tax;

 (b) the regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the Government of India;
 (c) the custody of the Consolidated Fund or the Contingency Fund of India, the
payment of moneys into or the withdrawal of moneys from any such Fund;
 (d) the appropriation of moneys out of the Consolidated Fund of India;
 (e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
 (f) the receipt of money on account of the Consolidated Fund of India or the
public account of India or the custody or issue of such money or the audit of the
accounts of the Union or of a State; or
 (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for
the imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licences or fees for services rendered, or by reason that it
provides for the imposition, abolition, remission, alteration or regulation of any
tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill is a Money Bill or not, the decision of the
Speaker of the House of the People thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted to the Council
of States under Article 109, and when it is presented to the President for assent
under Article 111, the certificate of the Speaker of the House of the People
signed by him that it is a Money Bill.

Procedure for Money Bill

 Article 109 of the COI provides for the special procedure in respect of Money
Bills. It states that -
o (1) A Money Bill shall not be introduced in the Council of States (Rajya Sabha).
o (2) After a Money Bill has been passed by the House of the People (Lok Sabha) it
shall be transmitted to the Council of States for its recommendations and the
Council of States shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the house of the People with its
recommendations and the House of the People may thereupon either accept or
reject all or any of the recommendations of the Council of States
o (3) If the House of the People accepts any of the recommendations of the council
of States, the Money Bill shall be deemed to have been passed by both
 Houses with the amendments recommended by the council of States and
accepted by the House of the People
o (4) If the House of the People does not accept any of the recommendations of the
council of States, the Money Bill shall be deemed to have been passed by both
Houses in the form in which it was passed by the House of the People without
any of the amendments recommended by the Council of States
o (5) If a Money Bill passed by the House of the People and transmitted to the
council of States for its recommendations is not returned to the House of the
People within the said period of fourteen days, it shall be deemed to have been
passed by both Houses at the expiration of the said period in the form in which
it was passed by the House of the People

 President can either accept or reject a money bill but cannot return it for
reconsideration.
 There is no provision for Joint sitting in case of money bills.
Laxmikant {22..22}

4) Legislative relations between the Union and the States.

Introduction
 Centre State relations constitute the core of federalism in India and play a vital
role in the political sphere of India.

 Centre State Relations are of the following three types:

o Legislative Relations contained in Chapter I of Part XI of the Constitution of
India, 1950 (COI).
o Administrative Relations contained in Chapter II of Part XI of the COI.
o Financial Relations contained in Part XII of the COI.

Legislative Relations
 Articles 245 to 255 of the COI deal with the legislative relation between the Centre
and the States.
 There are four aspects of the legislative relationships between the Centre and
the States which are as follows:
o Territorial extent of Central and State legislation
o Distribution of legislative subjects
o Parliamentary legislation in the state field
o Centre’s control over State legislation
Territorial Extent of Central and State Legislation
 The ability to pass legislation that covers all or a portion of India’s
territory belongs to the Parliament.
 Laws can be passed by the State legislature that is applicable to the entire State or
only a portion of it. Unless there is a sufficient connection between the State and
the object, State laws are not applicable outside of the State.
 The only body with the power to pass extraterritorial legislation is Parliament.
Distribution of Legislative Subjects
 The Union List, State List, and Concurrent List are the three divisions established
by the COI.
 Parliament is the exclusive authority when it comes to the Union list.
 In most cases, the State legislature alone has the power to pass legislation
pertaining to the things on the State list.
 The State and Central governments can both pass laws on the subjects mentioned
in the Concurrent list.
Parliamentary Legislation in the State Field
 When Rajya Sabha approves a resolution with the support of two-thirds of the
members present and voting, it will provide Parliament with the authority
to enact legislation on a state list issue that is best for the nation.
 When a declaration of a National emergency is in force the Parliament may pass
laws on any matter covered by the state list.
 When the President’s Rule is imposed in a state, the Parliament becomes
empowered to make laws with respect to any matter in the State List.
 To implement International Agreements, the parliament can make laws on any
matter in the state list for implementing International Treaties, agreements and
conventions.
Centre’s Control Over State Legislation
 Specific laws established by the State legislature may be set aside by the
governor for presidential consideration. They are entirely under the President’s
power.
 Bills on specified subjects listed in the State list can only be filed in the State
legislature with the President’s prior consent. For instance, interstate trade and
commerce.
 The President may ask a state to lay aside money bills and other financial bills for
his consideration in the case of a financial emergency.
Administrative Relations
 Articles 256 to 263 of the COI deal with the administrative relation between the
Centre and States.
Distribution of Executive Powers
 The Centre’s power encompasses the entire nation when it comes to matters over
which it has exclusive jurisdiction (union list), as well as when it exercises any
rights, jurisdiction, or authority granted to it by a treaty or agreement.
 The subjects listed in the State list fall under the State’s purview.
 The States have the executive authority in matters involving the concurrent list.
 The State’s executive branch must act in a way that ensures the laws established
by Parliament are upheld.
The Obligation of States and the Centre
 The COI has placed two restrictions on the executive power of the states in order
to give ample scope to the centre for exercising its executive power in an
unrestricted manner.
o The State’s executive branch must act in a way that ensures the laws established
by Parliament are upheld.
o As not to prejudice the executive power of the Centre in the State.
 In both cases, the executive power of the Centre extends to giving such directions
to the state as are necessary for the purpose.
 The sanction behind these directions of the Centre is coercive in nature.
Matters where the Centre can Direct the State
 Construction and maintenance of communication systems deemed to be
of national or military importance by the government.
 Actions to be taken to guarantee the State’s railways are safe.
 Provision of enough resources for students from linguistic minority groups to
receive elementary school instruction in their home tongue.
 The creation and execution of specific initiatives for the ST’s welfare in the
various states.
Integrated Judicial System
 Despite its dual polity, India has built an integrated judicial system.
 This unified judicial system is in charge of enforcing both Central and State laws.
Financial Relations
Articles 268 to 293 of COI deal with the Financial Relations between the Centre and
the States.
Allocation of Taxing Power
 Taxation of the subjects on the Union list is the sole responsibility of Parliament.
 Taxation on the things included in the State list may only be done by the State
legislature.
 The items on the concurrent list are subject to taxation by both the State and the
Union.
 The residuary power to tax belongs to the Parliament.
Restriction Placed by the COI on Taxation Power of the State
 A State legislature can impose taxes on profession, trades, callings and
employments.
 A State can impose taxes on the sale or purchase of goods (other than
newspapers). But this power of state to impose sales tax is subjected to the
following restrictions:
o No tax can be imposed on the sale or purchase of things taking place:
 outside the states
 in the course of import or export; or
 in the course of inter-state trade and commerce.
o No tax can be imposed on the sale or purchase. A tax imposed on the sale or
purchase of goods declared by Parliament to be of special importance in inter-
state trade and commerce is subject to the restrictions and conditions specified
by Parliament.
o The State cannot impose a tax on the sale of electricity when it is consumed by
the centre or sold to the centre, consumed in the construction, maintenance or
operation of any railway by the centre or sold to the railway company for the
same purpose.
o The State can impose tax on the sale of water or electricity sold toan authority
established by Parliament for regulating or developing an Inter-state river.
 However, such imposition can be undertaken through a law which has received
the assent of the President.
Distribution of Tax Revenues
 Article 268: Taxes levied by the Centre, but they are collected and used by the
State. E.g. Stamp Duties.
 Article 269: Taxes are levied and collected by the Centre but assigned to the
States. E.g. Taxes on the sale or purchase of goods.
 Article 270: Taxes are levied and collected by the Centre but distributed between
the Centre and the States. This category includes all taxes except those mentioned
above, surcharges and cess. E.g. Taxes on Income.
Distribution of Non-Tax Revenues
 The receipts from the following form the major sources of non-tax revenues of
the Centre:
o Posts and telegraphs
o Railways
o Banking
o Broadcasting
o Coinage and currency
o Central public sector enterprise
o Escheat and lapse
 The receipts from the following form the major sources of non-tax revenues of
the States:
o Irrigation
o Forests
o Fisheries
o State public sector enterprise and
o Escheat and lapse
Grants-in-Aid to the States
The COI provides grants-in-aid to the State from the Central resources. Following
are the two types of grants-in-aid:
 Statutory Grants:
o Article 275 of the COI empowers the Parliament to make grants to the States
which are in need of financial assistance and not to every State.
o These sums can be different for different States. These sums are charged on
the Consolidated Fund of India every year.
o These are given to the states based on the recommendation of the Finance
Commission.
 Discretionary Grants:
o Article 282 of the COI empowers both the Centre and the States to make
any grants for any public purpose, even if it is not within their legislative
competence.
o The Centre is under no obligation to give these grants and the matter lies within
its discretion.

{LAXMIKANT – 14 .1}

5) Union Public Service Commission

On 1st October 1926, the first Public Service Commission was founded in India
during the British Raj on the recommendation of the Lee Commission. However,
its restricted advisory functions failed to meet the people’s expectations. The
leaders of our freedom movement continued to demand reforms, resulting in the
formation of the Federal Public Service Commission under the Government of
India Act 1935. For the first time, this act included provisions for the foundation
of a provincial Public Service Commission. The Federal Public Service
Commission was given constitutional backup on January 26, 1950, and given the
name Union Public Service Commission. Under Article 315 of the Indian
Constitution, the Union and State Public Service Commissions were constituted.

Union Public Service Commission (UPSC) is a constitutional body that is authorized

to conduct various exams in the country. It conducts various examinations related
to Civil Services, Defence Services, Engineering Services, and Medical Services. It
also examines the Statistical Service, Economic Service, and the Police Forces.
History of UPSC In India

In 1923, the British Government formed the Royal Commission on Superior Civil
Services in India, chaired by Lord Lee of Fareham. The commission, composed of
equal Indian and British members, submitted its report in 1924, proposing the
establishment of a Public Service Commission. The Lee Commission
recommended that 40% of entrants be British, 40% Indians directly recruited, and
20% Indians promoted from provincial services.

Subsequently, the first Public Service Commission was founded on October 1, 1926,
with Sir Ross Barker as its chairman. Initially, it had a limited advisory role, a
point of contention for leaders of the freedom movement. This led to the creation
of the Federal Public Service Commission under the Government of India Act
1935.

Following independence, the Federal Public Service Commission was renamed the
Union Public Service Commission and granted constitutional status under the
Indian Constitution on January 26, 1950.

Constitutional Provisions for the Union Public Service Commission

o The Indian Constitution contains a provision for such a body in Articles 315 to
323.
o As per Article 315 of the Indian Constitution, the Union Public Service
Commission would be set up as a permanent body to make recruitment for
numerous central government positions.
o According to Article 318, a Commission would be established with a chairman
and a particular number of members.
o The terms and conditions of the service of the chairman and members are to be
determined by the President of India.
o As such, the President appoints the Chairman and other members of the
commission for a six-year term.

Appointment of Members to the Union Public Service Commission

The process of appointing members to the UPSC is outlined in the Constitution of
India. As per Article 316 of the Constitution, the President of India appoints the
members of the UPSC. The President is required to consult with the Union Public
Service Commission on matters relating to the appointment and transfer of
members. However, the advice provided by the UPSC is not binding on the
government.

The qualifications for membership in the UPSC are also specified in the Constitution.
According to Article 316, a person is eligible to be appointed as a member of the
UPSC if they meet the following criteria:

o They are a citizen of India.

o They have held an office of profit under the government of India or the
government of a state for at least ten years.
o They have been an advocate of a High Court or two or more such courts in
succession for at least ten years.
o They have an educational qualification and experience that the President
considers suitable.

Removal of Members

o The President of India has the authority to remove a UPSC member from office
for reasons outlined in Article 317 of the Indian Constitution.
o At any time, members of the Union Public Service Commission can submit their
resignations to the President of India.
o If any member of the commission is charged with bankruptcy or engaged in any
paid employment outside the duties of his office, he/she can be removed.
o On the grounds of misbehavior, any member of the commission would be
removed from office if and only if the Supreme Court of India examines and
justifies such misbehavior.
o If the President believes the member is unfit to continue in office due to mental or
physical illness, the President of India may remove them from office.

Functions of the Union Public Service Commission

The main functions of the Union Public Service Commission are as follows:
o It conducts regular examinations for appointments to the union’s services, which
comprise all India services, central services, and union territory public services.
o It aids states in developing and implementing joint recruiting schemes for any
services that require individuals with particular qualifications if two or more
states request it.
o On the following topics, it is consulted:
o All concerns related to civil service recruitment and civil post recruitment.
o The rules to be followed in arranging civil service and post appointments, as well
as transfers and promotions from one service to another, as well as the candidates’
suitability for such appointments, transfers, and promotions.
o All disciplinary proceedings involving a person serving in the civil services for
the Government of India, including memorials or petitions pertaining to such
matters.
o Any claim for costs incurred by a government officer in defending judicial
proceedings filed against him for acts done or reportedly done while performing
his official duties.
o Any claim for a pension in consideration of injuries sustained while serving in the
Indian government, as well as any dispute over the amount of such an award.
o Any personnel management concern is referred to it by the President of India.
o The Parliament of India can give additional powers to the Union Public Service
Commission over the services of the Union. It can also expand the UPSC’s role by
bringing the recruitment system of any local government, other legal entity, or
public institution under its jurisdiction.
o It submits an annual report to the President of India regarding the functioning of
the Union Public Service Commission. The President then presents the report to
both Houses of Parliament, together with a note outlining the circumstances in
which the commission’s recommendation was not accepted and why it was not
accepted.

Current Composition of UPSC

o The Chairman and other ten members of the Union Public Service Commission
(UPSC) are appointed by the President of India.
o In the Constitution, Article 316 deals with the appointment and term of office of
UPSC chairman and members.
o A chairperson and ten members of the Commission’s terms and conditions of
service are controlled by the Union Public Service Commission Members
Regulations, 1969.
o Out of the total members, half of the Commission’s members should have worked
for the Indian government or a state government for at least ten years, and they
are typically civil servants.
o A Secretariat with two Additional Secretaries, a number of Joint Secretaries,
Deputy Secretaries, and other assistant employees examines the Commission.
o Each member serves for six years or until they reach the age of 65.

6)Election Commission

What is ECI?

The Election Commission of India is an autonomous constitutional authority

responsible for administering Union and State election processes in India.
The body administers elections to the Lok Sabha, Rajya Sabha, and State
Legislative Assemblies in India, and the offices of the President and Vice
President in the country.

Background

Part XV of the Indian constitution deals with elections, and establishes a commission
for these matters.
The Election Commission was established in accordance with the Constitution on
25th January 1950.

Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility,
etc of the commission and the member.

Structure of the Commission

Originally the commission had only one election commissioner but after the Election
Commissioner Amendment Act 1989, it has been made a multi-member body.
 The commission consists of one Chief Election Commissioner and two Election
Commissioners.

The secretariat of the commission is located in New Delhi.

At the state level election commission is helped by Chief Electoral Officer who is
an IAS rank Officer.
The President appoints Chief Election Commissioner and Election
Commissioners. They have a fixed tenure of six years, or up to the age of 65 years,
whichever is earlier. They enjoy the same status and receive salary and perks as
available to Judges of the Supreme Court of India.
The Chief Election Commissioner can be removed from office only through a
process of removal similar to that of a Supreme Court judge for by Parliament.

Procedure of Removal

Judges of High Courts and Supreme Court, CEC, Comptroller and Auditor General
(CAG) may be Removed from office through a motion adopted by Parliament on
grounds of ‘Proven misbehaviour or incapacity’.
Removal requires special majority of 2/3rd members present and voting
supported by more than 50% of the total strength of the house.

The Constitution does not use the word ‘impeachment’, for the removal of the
judges, CAG, CEC.

The term ‘Impeachment’ is only used for removing the President which requires
the special majority of 2/3rd members of the total strength of both the houses
which is not used elsewhere.

Functions

Election Commission of India superintendents, direct and control the entire process
of conducting elections to Parliament and Legislature of every State and to the
offices of President and Vice-President of India.
The most important function of the commission is to decide the election schedules
for the conduct of periodic and timely elections, whether general or bye-elections.
It prepares electoral roll, issues Electronic Photo Identity Card (EPIC).

It decides on the location polling stations, assignment of voters to the polling

stations, location of counting centres, arrangements to be made in and around
polling stations and counting centres and all allied matters.

It grants recognition to political parties & allot election symbols to them along
with settling disputes related to it.

The Commission also has advisory jurisdiction in the matter of post election
disqualification of sitting members of Parliament and State Legislatures.

It issues the Model Code of Conduct in election for political parties and
candidates so that the no one indulges in unfair practice or there is no arbitrary
abuse of powers by those in power.

It sets limits of campaign expenditure per candidate to all the political parties,
and also monitors the same.

Importance of ECI for India

The ECI has been successfully conducting national as well as state elections since
1952. In recent years, however, the Commission has started to play the more
active role to ensure greater participation of people.
The Commission had gone to the extent of disciplining the political parties with a
threat of derecognizing if the parties failed in maintaining inner-party democracy.
It upholds the values enshrined in the Constitution viz, equality, equity,
impartiality, independence; and rule of law in superintendence, direction, and
control over the electoral governance.

It conducts elections with the highest standard of credibility, freeness, fairness,

transparency, integrity, accountability, autonomy and professionalism.
It ensures participation of all eligible citizens in the electoral process in an
 inclusive voter-centric and voter-friendly environment.
It engages with political parties and all stakeholders in the interest of the electoral
process.
It creates awareness about the electoral process and electoral governance amongst
stakeholders namely, voters, political parties, election functionaries, candidates
and people at large; and to enhance and strengthen confidence and trust in the
electoral system of this country.

Major Challenges

Over the years influence of money and criminal elements in politics has increased
along with violence and electoral malpractices resulting in criminalization of
politics. The ECI has been unable to arrest this deterioration.
There has been rampant abuse of power by the state government who at times
make large-scale transfers on the eve of elections and posts pliable officials in key
positions, using official vehicles and buildings for electioneering, flouting the
ECI’s model code of conduct.
The ECI is not adequately equipped to regulate the political parties. The ECI has
no power in enforcing inner-party democracy and regulation of party finances.
In the recent years, an impression is gaining ground that the Election
Commission is becoming less and less independent of the Executive which has
impacted the image of the institution.
One of the major institutional drawback is non- transparency in election of CEC
and other two commissioners and is based on the choice of presiding government.
There have been allegations of EVMs malfunctioning, getting hacked and not
registering votes which corrodes general masses trust from the institution.

12 marks

1) Explain the salient features of the Indian Constitution

LAXMIKANT

2} Describe the federal nature of Indian constitution? Whether Indian constitution

contains unitary features?
3) Explain in detail the importance of the Protection of Civil rights Act 1955 in
safeguarding rights of the people belonging to Schedule Caste.

The Constitution of India does not give any definition for Scheduled Tribes.
However, with the formation of the National Commission of Scheduled Tribes
(NCST), various acts like Protection of Civil Rights (PCR) Act, 1955 and SC and ST
(Prevention of Atrocities) (POA) Act, 1989 amended in 2015 and its Rules, 2016
have got recognition.

The National Commission for Scheduled Tribes is a constitutional body that was
established by the Constitution (89th Amendment) Act, 2003. The Commission is
an authority working for the economic development of Scheduled Tribes in India.
The NCST is dealt with Article 338.

 Earlier, there was only one commission, which was for both the scheduled tribes
and scheduled castes. In 2004, after the 89th Constitutional Amendment Act, the
NCST was established by bifurcating the National Commission for Scheduled
Castes and Scheduled Tribes into the NCST and the National Commission for
Scheduled Castes.

 This amendment replaced the National Commission for Scheduled Castes and
Scheduled Tribes with two distinct commissions which are:

 National Commission for Scheduled Castes (NCSC)

 National Commission for Scheduled Tribes (NCST)

Definition of Scheduled Tribes:

According to Article 366(25) of the Constitution, Scheduled Tribes are those

communities that are scheduled in accordance with Article 342 of the
Constitution. Also, Article 342 of the Constitution says that: The Scheduled Tribes
are the tribes or tribal communities or part of or groups within these tribes and
tribal communities which have been declared as such by the President through a
public notification.

National Commission for Scheduled Tribes – Scheduled Tribes in India

According to the 2011 Census, the Scheduled Tribes account for 104 million
representing 8.6% of the country’s population. These Scheduled Tribes are spread
throughout the country largely in forest and hilly regions.

 The essential characteristics of these communities are:-

 Primitive Traits

 Geographical isolation

 Distinct culture

 Shy of contact with the community at large

 Economically backwards

 As in the case of the SCs, the Plan objective of empowering the tribals is being
achieved through a three-pronged strategy of social empowerment, economic
empowerment, and social justice.

Composition of National Commission for Scheduled Tribes (NCST)

The NCST consists of one chairperson, one vice-chairperson and three full-time
members. Out of the three members, there should compulsorily be one lady
member. All the members of the Commission have a tenure of 3 years.

Functions of National Commission for Scheduled Tribes

 NCST investigates and monitors all matters related to safeguarding the provisions
for Scheduled Tribes under the Constitution and evaluating the working of those
safeguards.

 NCST will inquire into specific complaints concerned with the deprivation of
rights and safeguards of the STs.
 The commission participates and advises on the planning process for the socio-
economic development of the STs and also evaluates the progress of the various
developmental activities.

 The President will be presented with an annual report of the working of those
safeguards. Apart from annual reports, other reports also will be submitted to the
President as and when necessary.

 The Commission will also give reports on what measures are to be taken by both
the central and various state governments for effective execution of the measures
and safeguards for the protection, development and welfare of the STs.

 Other functions of NCST are related to welfare, protection, development &

advancement of the STs.

4) Discuss the Judicial Activism of Supreme Court in protection of Civil rights of

India.

A judiciary is an independent body that is evenhanded, unbiased, and unprejudiced.

It functions within the framework of the constitution, defined under the concept
of the separation of powers. It interprets the constitution which is supreme and at
times needed, supports the rule of law and the standards laid down in the
constitution. The Supreme Court of India is considered the sentinel qui vie and
protects the fundamental and constitutional rights of the people.

Judicial Activism means the rulings of the court based on political and personal
rational and prudence of the Judges presiding over the issue. It is a legal term
referring to court rulings based, in part or in full, on the political or personal
factors of the Judge, rather than current or existing legislation.

According to Black's Law Dictionary judicial activism is a philosophy of judicial

decision-making whereby judges allow their personal views about public policy,
among other factors, to guide their decisions.
Judicial activism in India implies the authority of the Supreme Court and the high
courts, but not the subordinate courts, to declare the regulations unconstitutional
and void if they breach or if the legislation is incompatible with one or more of the
constitutional clauses.

According to SP Sathe , a court giving a new meaning to the provision to suit the
changing social or economic conditions or expanding the horizons of the rights
of the individual is said to be an activist court.

The Supreme Court of India in its initial years was more a technocratic court but
slowly began to become more active through constitutional interpretation. The
court became an activist through its involvement and interpretation of law and
statutes but the whole transformation took years and it was a gradual process.
The origins of Judicial activism can be seen in the court's premature and early
assertion regarding the essence and nature of Judicial Review.

India's Judicial activism can be positive as well as negative:

1. A court engaged in altering the power relations to make them more equitable is
said to be positively activist and
2. A court using its ingenuity to maintain the status quo in power relations is said to
be negatively activist.

Judicial activism reflects the suggested patterns in the administrative namely:

expansion of hearing privileges over administrative lapses, extension of judicial
control over discretionary forces, expansion of judicial review over the
administration, and extending the conventional translation guidelines in its quest
for financial, cultural and academic goals.

Course of Judicial activism

After the independence, judicial activism was almost silent for the first decade;
the executive and legislative organs of the government actively dominated and
intervened in the working of the judiciary. It was in 70s the Apex court started
viewing the judicial and structural view of the constitution.
In the landmark Keshwananda Bharti case, just two years before the emergency
declaration the apex court of India declared that the executive had no right to
intercede and tamper the basic structure of the constitution. Though the exigency
imposed by the then Prime Minister Indira Gandhi could not be prevented by the
Judiciary, the concept of judicial activism started gaining more power from there.

In I. C. Golaknath & Ors vs State Of Punjab & Anrs. the Supreme Court
declared that Fundamental Rights enshrined in Part 3 are immune and cannot be
amended by the legislative assembly.

Landmark cases of Judicial Activism

In Hussainara Khatoon (I) v. State of Bihar, the inhuman and barbaric conditions
of the undertrial prisoners reflected through the articles published in the
newspaper. Many prisoners who were under trial had already served the
maximum persecution without being charged for the offense. A writ petition was
filed by an advocate under article 21 of the Indian Constitution. The apex court
accepted it and held that right to speedy trial is a fundamental right and directed
the state authorities to provide free legal facilities to the under-trial inmates so
that they could get justice, bail, or final release.

Another important case Sheela Barse v. State of Maharashtra, a letter written by

a Journalist was addressed to the Supreme Court avouching the custodial violence
of women prisoners in Jail. The court treated that letter as a writ petition and took
cognizance of that matter and issued the apposite guidelines to the concerned
authorities of the state.

In Sunil Batra v. Delhi Administration, the court exercised its epistolary

jurisdiction, and a letter written by a prisoner was treated as a petition. The letter
supposed that the head warden atrociously inflicted pain and assaulted another
prisoner. The Court stated that the technicalities cannot stop the court from
protecting the civil liberties of the individuals.
Some instances when the mechanism of Judicial Activism turned to the Judicial
overreach. The parliament of India has held responsible or accused the Judiciary
for intervening and overreaching its constitutional powers.

In the Supreme Court Advocates-on-Record Association v. Union of India, the

National Judicial Appointments Commission (NJAC) Act, and the constitutional
amendment was declared unconstitutional by the Apex court and the judgment
was delivered with the majority of 4:1. The act was declared unconstitutional as it
was violating the judicial independence. And the existing collegium system
pertaining to transfer and appointment of judges again came in the operation.
Justice Khehar said, the absolute independence of judiciary, from other organs
of governance, protects the rights of the people.

Therefore, in a nutshell, I would like to say that the concept of judicial activism
has both positives and negatives. If the judiciary intervenes too much in the
working of other organs of the government and tries to overreach the
constitutional powers then this concept of judicial activism loses its importance
and essence. Sometimes in the name of activism, the judiciary often rewrites
personal views in the name of activism, power separation theory is being
overthrown.

While judicial activism is deemed favorable in addition to the legislative's failures,

overreaching the domain of the other organs of the government is regarded as an
interference into the appropriate workings of democracy. Its significance,
however, lies in the institution's role as a place of hope for aggrieved individuals.

An activist court is certainly far more efficient than a legal positivist-conservative

court to safeguard humanity from legislative and executive tyranny. When the
elected representatives fail to create a welfare state then the role of judiciary
becomes indispensable but the judiciary cannot intervene in the state affairs just to
show its supremacy.

5) Discuss the fundamental right of equality in the Indian Constitution.